August 20th, 2015 Christopher Gibbs Alloy Design

1084 Main Street Melrose, Ma. 02176

508

- 241

- 0202 chrissgibbs1976@gmail.com

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012: Petitioner is seeking an exemption from the fo llowing Federal Aviation Regulations: 14 CFR Part 21, Subpart H; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ; 14 CFR § 91.9; 14 CFR § 91.103; 14 CFR § 91.105; 14 CFR § 91.109 ; 14 CFR § 91.119 ; 14 CFR § 91.121; 14 CFR § 91.151; 14 CF R § 91.203; 14 CFR § 91.207;

14 CFR Part 91, Subpart E

RE: Exemption Request

– Section 333 of the FAA Modernization and Reform Act of 2012

Attachments: 1) DJI Phantom 3 Professional User Manual 2) PDF Gallery of work.

Dear Sir or Madam, The purpose of this letter to you today is to petition the Federal Aviation Administration for an exemption from certain Federal Aviation Regulations in order for Christopher Gibbs to operate an Unmanned Aerial System (UAS) on behalf of Alloy Design to per form aerial photography and video

services for a variety of commercial and research applications including fine art publishing and printing, stock photography/videography sales, regional tourism development, corporate, private and charitable
events and cer tain scientific and educational causes that have taken significant interest in the service only a UAS can provide

.

As an experienced hobbyist pilot with more than 8 0 hours of flight time on the particular,
serialized and specific aircraft that is the su bject of this petition alone and In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under Section 333 of the FAA Modernizat ion and Reform Act of 2012, the petitioner submits the following information with our request:

Descript ion of Operations A. The UAS that is the subject of this Petition
B. The Pilot in Command

C. UAS Operating Parameters and Intended Flight Profile. D. Sections of 14 CFR from Which Petitioner is Seeking an Exemption E. Extent of Relief Sought and Reasons for Seeking the Exemption F. How this request would benefit the public / Gallery of Work G. Why this exemption will not adversely affect public safety.
H. ConclusionA: The UAS that is the subject of this Petition.

Alloy Design currently owns a DJI Phantom 3 Professional including the DJI factory mounted camera, along with the associated remote control unit, and DJI Vision app for iPad which provides a first person view of what the camera is seeing in real time. This unit is a quad

- copter with a n advertised weight of 2.82 pounds (including battery and propellers) and measures 23 inches diagonally with the propellers

. Similar units have been the subject of prior exemptions by the FAA (examples include: Brian M. Walk / Unmanned Aerial Solutions, E xemption No. 11445, Regulatory Docket No. FAA

- 2015

- 0143; Daniel Achatz /Exemption No. 11434, Regulatory Docket No. FAA

- 2015

- 0201).

The associated remote control unit utilizes an operating frequency of 2.400 GHz

– 2.483 GHz. The
communication distance between the remote control unit and the Phantom is 3.1 miles with no
obstructions or interference . The UAS also is equipped with multiple fail

- safe features including
redundant return

- to

- home modes in the event that the link between the aircraft and the remote control ground station is lost. The UAS can operate for approximately 18

- 23 minutes on a fully charged battery.

B. The Pilot in Command

. The UAS Pilot in Command has been in the advertising and marketing industry for 15 year s with lifelong interests in art and flight . Over the last two years a si gnificant public interest in the petitioner’s photography has developed and the petitioner would like to expand the menu of services offered not only to his clientele but to the publ ic at large. UAS videography/photography isn’t just an unquestionably unique form of art but also an extraordinarily practical means to an end as far as manpower and safety when it comes to commercial applications like roof inspections.

. C. UAS Operating Parameters and Intended Flight Profile

. 1. A ll flights will be flown below 4 00 feet.

2. All flight will be flown only when visibility is greater than three miles

.

3. All flights will be flown and during daylight hours only.

4 . The Pilot in Co mmand will have direct line of sight visua l observation of the UAS at all times, and will operate the UAS only within direct line of sight.

5 . There will be times when the UAS is flown in close proximity, within 5

- 10 feet of the structure under

constructi on or a completed building. Wh en this occurs, the UAS will be operated at a hover.

6 . Prior to the start of a flight, a pre

- flight checklist will be thor oughly completed. This includes verifying
a GPS lost

- link procedure which will safely return th e UAS i n the event of a loss of communication between the aircraft and the remote control, a s well as other standard safety checks and compass calibration as recommended by the manufacturer. Specific weather conditions are also addressed at this time, and the UAS will not be flown in adverse weather conditions, such as wind or precipitation.

7 . If the need arises for a flight to be within 5 miles of an airport, t he flight will only occur after permission has been granted by the appropriate control tower.D. Sections of 14 CFR f rom Which Petitioner is Seeking an Exemption

14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates 14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness Certification

14 CFR § 45.23 Display of marks; general 14 CFR Part 61 Certification: Pilots, Flight Instructors and Ground Instructors 14 CFR § 91.7 Civil Aircraft Airworthiness 14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard Requirements 14 CFR § 91.103 Prefli ght Action 14 CFR § 91.105 Flight Crewmembers at Stations 14 CFR § 91.109 Flight Instruction 14 CFR § 91.119 Minimum Safe Altitudes: General 14 CFR § 91.121 Altimeter Settings 14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions
14 CFR § 91.203 C ivil Aircraft: Certifications Required 14 CFR § 91.207 Emergency Locator Transmitters 14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations

E. Extent of Relief Sought and Reasons for Seeking the Exemption 14 CFR Part 21, Subpart H

– FAR Part 21 establishes the procedures for issuance of certificates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from the requirements of this part because the size, weight, speed, operational capability and proximity to airports in which the UAS will be flown pose significantly less of a risk than th ose risks posed by
conventional aircraft. Manned aircraf t pose risks to the life and safety of the crew; that is not a
consideration with the subject UAS. Risks to third parties are also minimized given the lightweight and slow spee d at which the s ubject UAS would operate. Nor are there risks of fuel spilling o r fi re in the
event of an accident. The aircraft is also frangible. Because of these factors, the petitioner requests
that the FAA waive the r equirement that the subject UAS require an airworthiness certificate.

14 CFR Part 36

– FAR Part 36, Subparts A, F and O establish certain noise standards for certification of various aircraft types. Because the subject UAS would not have an airworthi ness certificate, and given its small size and minimal noise impact, the petitioner requests an exemption from FAR Pa rt 36.

14 CFR § 45.23

– FAR 45.23 establishes marking requirements for aircr aft; paragraph (b) mandates the registration number be displayed in letters not less than two inches in height. The subject UAS is too small to accommodate the type

- size requireme nt. The petitioner request and exemption from this part.

14 CFR Part 61

– FAR Part 61 sets forth the certification requirements for pilots. Because the subject UAS would not have an airworthiness certificate, and given its small si ze and minimal risk fact or, the petitioner requests an exemption from FAR Part 61, that would allow him to operate the subject UAS for aerial video and photography projects. Requiring a private/commercial/sport pilot ’ s license to operate the UAS is not in the interest of the pub lic as that pilot would be considerably less experienced on the
UAS airframe in question than the petitioner. Because the primary operations are photographic in nature and the UAS has only a single control unit, having two people operate one control ler (p ilot and photographer) is dangerous and not in the interest of the public.

14 CFR § 91.7

– FAR 91.7

– (a) No person may operate an aircraft unless it is in an airworthy condition. To the extent that “airworthy” is defined as requiring an airworthiness certi ficate, the petitioner
requests an exemption from this FAR for the same reasons ad identified in petitioner’s request for an exemption of 14 CFR Part 21, Subpart H. Petitioner will not, however, operate th e subject UAS if it is not

in a condition for safe flight, as required under FAR 91.7 (b).14 CFR § 91.9

– FAR 91.9

– requires that all aircraft have certain marking s, placards and on

- board flight

manuals. Petitioner requests an exemption from this requirement for t he same reasons as stated in in
pet itioner’s request for exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.103

– FAR 91.103

– mandates certain pre

- flight action. Pet itioner will take all necessary pre

flight action, but requests an exemption from this requirement base d on the interpretation of this requiring pre

- flight actions that are appropriate to manned aircraft only.

14 CFR § 91.105

- FAR 91.105

– requires that crewmembers be at designa ted stations, with safety belts fastened, etc. Petitioner requests an exemptio n to this due to the fact that the subject UAS is
unmanned.

14 CFR § 91.109

– FAR 91.109

– requires that persons operating an aircraft for flight instruction may not do so unless that aircraft has fully functioning dual controls. Petitioner r equests an ex emption due to the fact that the subject UAS does not have a second controller or dual control capability, which is

consistent with other, similar UAS units.

14 CFR § 91.119

– FAR 91.119

– indicates the minimum safe altitudes over various areas. Petitione r requests an exemption to this, due to the fact that the subject UAS is intend ed to be a low

- flying device

in order to capture aerial video and photography.

14 CFR § 91.121

– FAR 91.121

– requires various altimeter settings in order to maintain a level f light. Petitioner requests an exemption from this FAR as the subject UAS will not have an altimeter that matches the requirements of this FAR. Altitude will be monitored thro ugh the DJI Vision app, and the unit will be kept below 300 feet as designated by the indications within that app.

14 CFR § 91.151

– FAR 91.151

– sets forth requirements for amount of fuel on any given flight. Petitioner requests an exemption from this FAR because the subject UAS operates on battery power.
The subject UAS will only be operated when there is a minimum of 5 minutes of battery power remaining.

14 CFR § 91.203

– FAR 91.203

– requires that a civil aircraft have an airworthiness certificate and a registration certificate. Petitioner requests an exemption from this FAR becaus e of the reasons stated in petitioner’s request for an exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.207

– FAR 91.207

– prohibits operation of a US

– registered aircraft unless it is equipped with an emergency locator transmitter. Given the limit ed distance of flights w ith the subject UAS, and the fact that it will be flown with direct line of sight visibility, petitioner requests an exemption.

14 CFR § Part 91, Subpart E

– requires that owners or operators of aircraft have the aircraft inspected at certain intervals, and by certain mechanics. Petitioner requests an exem ption from this Subpart because the subject UAS has a maintenance and trouble

- shooting program that is best executed by the owner/operator and is different from that of manned airc raft.F. How this request would benefit the public

The general use of UAS for Aerial photography and video benefit the public in a variety of ways. First and foremost, the use of UAS for aerial and video production would normally require the use of a
traditional manned airplane or helicopter and add to the congestion of FAA airspace

. Secondly, the use
of low

- flyi ng and slow moving UAS reduces the emissions and overall environmental impact that would be associated with completing t he same task with a traditional aircraft. Thirdly, as the aircraft weighs less than 3 pounds, is frangible, travels at low speeds and is flown at an a ltitude much lower than larger manned aircraft, the safety of the general public is greatly enhanced as i s the safety of the subject matter of the photography and video on the ground. Fourthly, the UAS has no manned crew or
flammable fuel on board and is considerably safer to operate for the pilot, the subject matter, the environment, and the general public than traditional heavy, high speed, fueled and manned aircraft.

The specific use of a UAS for Aerial photography and video as proposed by the petitioner benefits the public in even more ways. Safety comes first. As a practical matter, t he use of a UA S for roof inspections and real estate photography is considerably safer for an inspector than setting up scaffolding and accessing a roof, chimney, etc manually. According to OSHA and the U.S Department of Labor
fatalities from falls are the #1 cause of death in the roof and construction inspection industry. The proposed use of a UAS for such applications is therefore a significant benefit to the public , the property owner, and the industry as a whole.

The specific use of a UAS for Aerial photography an d video proposed by the petitioner as an art form also benefits the public. Low level , low speed aerial photo gra phy, as provided by a UAS allows the petitioner to photograph subjects normally inaccessible to traditional aircraft or ground level photograph ers and is thereby inherently in the public interest as evidenced by the significant demand of
such work . The use of a UAS is an extraordinarily valuable marketing tool that will ultimately lead to
increased business for not only the petitioner but for ot her local businesses associated with the production of the final video and photographic outputs. The use of a UAS is also an extraordinarily valuable marketing tool for the charitable, scientific, and educational causes the petitioner would like to
offer services to. Please see the attached gallery of the petitioner ’ s recent work.

G. Why this exemption w ill not adversely affect public safety

. The petitioner is concerned first and foremost with safety. A pre

- flight checklist is performed prior to
each f light to ensure the subject UAS is working properly before taking flight. Because the subject UAS is frangible, battery powered and does not carry any flammable fuels, there is virtually no risk of fire in the
event of an accident.

The subject UAS is a very small aircraft, weighing less than 3 pounds (less than your average bird), and the likelihood of damage to property or injury to an individual in the event of a mishap is extremely low.
The unit has a number of redundant lost

- link systems to ensure th e UAS will return to home or land
should communication be lost. T he risk associated with using t he subject UAS in video and photo production is significantly lower than the risk of traditional aerial photography u sing an airplane or helicopter.

Conclus ion. The petitioner would like to thank the FAA for considering our request. Please do not hesitate to contact
us if there is a need for additional information.

Respectfully Submitted,

Christopher Gibbs / Alloy Design