U.S. Department ofTransportation Docket Management System 1200 Ne_wJersey_Aye., SE Washington, DC 20590

October09, 2015 Brendan Jefferies 6032 Feagan St. Houston, TX 77007 (281) 380-9775 brjefferies@yahoo.com

RE: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations

To Whom It May Concern: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 ("FAA Reform Act") and 14 C.F.R. Part 11, I, Brendan Jefferies, request an exemption from Federal Aviation Regulations ("FARs") detailed belowfor my DJI Phantom 3 multi-rotor aircraft. I would like to specifically request exemptions from: 14CFR 21 14 CFR 91.203 14 CFR 45.23 14 CFR 45.29 14 CFR 91.7 14 CFR 91.914 CFR 61.113 14 CFR 61.133 14 CFR 91.103 14CFR 91.109 14CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR Subpart E(91.401- 91.417) FAA Policy 8900.227 Paragraph 16(c)(4) and paragraph 16(e)(1).**~);** The DJI Phantom 3 multi-rotoraircraft is a four-rotor UAS that weighs less than five pounds, and is operated using a radio control 2.4 GHz transmitter, and monitored using an iPad based ground control station, connected via radio telemetry in the 2.4 GHz band. The DJI Phantom 3 has been operated with a payload of high-resolution camera for photography, videography, geospatial analysis and photogrammetry. This request for an exemption would support a COA application to use the OJI Phantom 3 multi-rotor UAS for low altitude agricultural survey, property survey, aerial photography, aerial videography, film production, construction inspections, monitoring damage in the event ofa natural disaster and special events. PUBLIC INTEREST This exemption application is expressly submitted tofulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required underSection 333 ofthe Reform Act, by granting an exemption the FAA will fulfill Congress' intent ofallowing UAS to operate with significant safety precautions in low risk environments. The use ofsUASs on a construction site can significantly reduce the risk to workers offalls while inspecting, surveying, or monitoringsite progress, sUASs can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection. Falls are the leading source of workplace fatality and injury on construction sites, and reducing falls through sUAS use for site imaging coul(fsave workers lives. Additionally, sUASs could replace the use ofhelicopters and small aircraftto monitorsites. The sUASs I propose to fly in this application is less than five pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUASs from helicopters presents a marked safety increase forworkers and the public. Lastly, sUASs reduce the environmental impact by dramatically reducing the energy used for aerial imaging and data collection over a construction site, MysUASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are many hundreds oftimes heavier.EQUIVALENT LEVEL OF SAFETY I, Brendan Jefferies, propose thatthe exemption requested herein applyto civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent oreven higher level ofsafetyto operations underthe current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on construction sites and imaging and surveying operations conducted with helicopters and other conventional aircraft. I, Brendan Jefferies, will be bound bythe following limitationswhen conducting its sUAS operations under an FAA issued exemption: 1. The sUAS will be less than five pounds. 2. Flights will be operated within visual line ofsight ofthe Pilot in Command (PIC) and the Visual Observer (VO). 3. Maximum total flighttime for each operational flight will be 20-30 minutes. The DJI Phantom 3 calculates battery reserve in real time, and will return to itground station with at least 20% battery power reserve should that

## occurprtf~ to the 3Q minute limit. 4. Flights will be operated at atypical altitude of200 feetAGL, neverexceeding 400feet AGL. 5. Crew for each operation will consist ofthe sUAS PIC and aVO who will keep the sUAS within theirvisual line ofsight at all times. 6. The sUAS PICs will possess an FAA issued airplane pilot certificate, a current medical certificate or US driver's license and be trained in sUAS systems, operations and safety procedures in accordance with the manufactures recommendations. 7. The sUAS will only operate within a designated area in accordance with the waiver provisions. 8. A briefing will be conducted in regard to the sUAS operations at each flight site to include planned operations, safety precautions, and any special procedures required to ensure no dangerto personnel working atthe site 9. Written and/or oral permission from the relevant property holders will be obtained. 10. All required permissions and permits will be obtained from territorial, state, county, or city jurisdiction, including local law enforcement, fire, orother appropriate governmental agencies. 11. Ifthe sUAS loses communications or loses its GPS signal, it will have the capabilityto return to a pre-determined location within the Security Perimeterand land. 12. The sUAS will have the capability to abort aflight in case ofunpredicted obstacles or emergencies. 13. The sUASs will not be operated ifin the area there are unusual risks such as electromagnetic interference, active crane operations, inclement weather, or otheractivitiesthat putthe safe operation ofthevehicle in question or pose an undue risk to personnel or property. The operation ofsmall UASs, weighting less than five pounds, conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the gram ofthe exemptions requested herein, including exempting the applicant from the requirements of Pan 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and. as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximitytothe ground and people. All flights will occur over private or controlled access property with the propertyowner's priorconsent and knowledge. Images taken will be ofindividuals who have also consented to being filmed or

### otherwise have agreed to be in the area where aerial photography will take place Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximityto airports and populated areas and operation withinvisual line ofsight and national securityprovide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's UASs in construction industry pursuant tothe Manual appended hereto.

The FAA has issued numerous exemptions to this regulation. A representative sample ofother exemptions includes Exemption Nos. 11062, 11109, 11112, and 11213

I, Brendan Jefferies, am submitting this petition on my own behalf. Ifthe FAA requires any modifications to myexemption request, I requests the opportunityto amend this petition to include any modifications the 

### FAA may require before granting or rejecting thepetftion forexemptton. Iwill amend 

### mypetitionto·· meet any additional standards forthe integration ofsmall UAS operation into the NAS.
Sincerely,

Brendan Jefferies 6032 Feagan St. Houston, TX 77007 {281) 380-9775 brjefferies@yahoo.comEXEMPTION REQUESTS 

### I, BRENDAN JEFFERIES, requests exemption forthe following statutes: 14CFR21 14 CFR 91.203 14 CFR 45.23 14 CFR 45.29 14 CFR 91.7 14 CFR 91.9 14 CFR 61.113 14a.R61.133 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR Subpart E(91.401- 91.417) FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 14CFR 21 -Airworthiness Certificates 

### I, Brendan Jefferies, requests an exemption from Section 14 CRF Part 21 which requires the issuance of an Airworthiness Certificate forflight operation, while the FAA is still carrying out research and developmentfor UAS standards and regulation. DJI Phantom 3 aircraft weights less than five pounds, including a payload of high-resolution camera. It will not carry fuel or passengers, and will obeythe operational requirements (FRs) outlined in the introduction to this exemption petition.The DJI PHANTOM 3 can travel at most2000 metersfrom

·**lat~tteh** dueto power·supplyconstra1ntsandfurwan;Lspeed-limitations.l assertthatthe**DJLtmANTOM.3r~~·­**

as compared to manned aircraft, significantly reduces the risk to 

### crew, passengers, property, and the general public due its small size, limited range, and FR outlined above. In the event thatthe FAA requires me to obtain an Experimental Airworthiness Certificate ortraditional Airworthiness Certificate in orderto receive an exemption from Section 333, I, Brendan Jefferies, requests an opportunityto pursue such a certification. 14 CFR Part 

### 21, Subpart H: Airworthiness Certificates 14C.F.R 91.203(a)(1)Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR 91.203 (a)(1). Given the size and limited operating area associated with the aircraft to be utilized by Brendan Jefferies., an exemption from Part 21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C 44701 (f) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular LAS. Mysmall UAS will be operated at lowspeed in a controlled environment, at least five milesfrom an airportwith Class C, D, orE airspace without properATC coordination and clear ofany densely populated areas. An analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. ThesUAS to be operated hereunder is less than five 5**p~unds** fully loaded, carries neithera pilotnor

.. passenger,-carriesno

### ~~plosive**materla.ls~or fla~~able-liquldfuels,** **ando~perates** excfuSfve.ly

### ~ithln

# asecured area. Like othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by the operator, and underthe requirements and in compliance with local public safety requirements, to provide securityforthe area ofoperation as is currently done on active construction sites.

14CFR 45.23 - Display ofmarks; general. Subsections (a) and (b) for 14 CFR 45.23 require thatthe operator ofthe aircraft display the registration numberon the side ofthe aircraft, and atvarious positions "near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high". The DJI Phantom 3 does not have a cabin, cockpit, passengers or crew, and as such has no means of mounting itto these structures. I, Brendan Jefferies, propose that Iwill keep identification information and a DJI Phantom 3 manual with the PIC and VO atthe ground station. I also propose that in place of the markings required by 14 CFR 45.23, I keep registration information and my mailing address, email address, and phone number permanently affixed to avisible exteriorsurface ofthe DJI Phantom 3.

14CFR 45.29 - Size ofmarks. Subsections (a) and (b) of 14 CFR 45.29 provide forthe size and dimensions ofthe markings noted in 14 CFR 45.23. Subsection (b) section (iii) states that "Marks at least 3 inches high may be displayed on an aircraftforwhich the FAA has issued an experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 21.191 (i) ofthis chapterto operate as an exhibition aircraft, an amateur-built aircraft, ora light-sport aircraftwhen the maximum cruising speed ofthe aircraft does not exceed 180 knots CAS". I, Brendan Jefferies, proposes thatthe mounted identification information listed in the previous sections will be sufficient for identification forthe DJI Phantom 3. As the DJI Phantom 3 is less than five pounds and does not have the space on board to post 3 inch letters, I propose that Iwill keep registrationinformation and my identification information (mailing address, email address, phone number, or any other information the FAA deems relevant for identification purposes) permanently affixed to avisible exterior surface ofthe DJI Phantom 3 and with the PIC and VO on the ground.



### 14C.F.R. 

### 91.7 (a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there is no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the use of safety checklists priorto each flight, as set forth in Section Band Section G. an equivalent level ofsafety will be provided. The sUAS operated by myselfwill have an operating manual userguide that provides full and detailed operating specifications and guidelines sufficientto ensure compliance with all regulatory and best

·· operatirrg-prbcetlui'€s**saf~ractices~··** -**.·~--·** -· · · · ··- --- -



### 14CFR 

### 91.9

- Civil aircraftflight manual, marking, and placard requirements. Section 

### 14 CFR 

### 91.9 requires those operating an aircraft to keep a Flight Manual on board the aircraft during operation. I, Brendan Jefferies, requests an exemption from this section as the DJI Phantom 

### 3 does not carry passengers or crew and would not benefit from keeping a Flight Manual on board the aircraft during operation. Iwill keep a Flight Manual with the PIC and VO atthe ground station.



### 14CFR 

### 61.113

- Private pilot privileges and limitations: Pilot in command and 

### 14CFR 

### 61.133

- Commercial pilot privileges and limitations. 14 CFR 

### 61.113 stipulates, "No person who holds a private pilot certificate may act PIC that is carrying passengers or propertyfor compensation or hire". Subsection (b) ofthis part stipulates thatthe PIC may conduct flight if

### (1) the "flight is only incidental tothat business oremployment; and 

### (2) "the aircraft does notcarry passengers or propertyfor compensation or hire." I, Brendan Jefferies, requests thatthe DJI Phantom 

### 3 be operated with onlyground school and a passing**~·**

## -sct>re blithe**FA.AWrittenExamln·ation~T,lJRENDAN** 

### JEFPERrES;crequestntlattiTeOJt PHANTOM-3:be**~:c:** allowed to operate for compensation or hire to complete for lowaltitude agricultural survey, property survey, aerial photography, aerial videography, film production, construction inspections, monitoring damage in the event ofa natural disaster and Special Events. Considering thatthe DJI PHANTOM 3 does not carry passengers or property, and there is no equivalent flight certification for UAS PICs and VOs, I, BRENDAN JEFFERIES, requests thatthe PIC and VO be required to complete only an FAA approved ground school program and pass the FAA Written Examination.



### 14C.F.R. 

### 91.103

- PreflightActionThis regulation requires each pilot in command to take certain actions before aflight to ensure the safety offlight. An exemption is needed from this requirement as the pilotwilltake separate preflight actions, including checking forweather conditions, checking flight battery requirements, checking takeoffand landing distances, and all otheractions in the Preflight Checklist in the Manual. These actions will provide an equivalent level ofsafety.

14CFR 91.109 - Flight instruction; Simulated instrumentflight and certain flighttests 14 CFR 91.109 stipulates, "No person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls." I, Brendan Jefferies, requests an exemption from this part, as the DJI Phantom 3 uses on board software and a small RC transmitterforflight operation, which can accommodate "Instructor" override withthe correct RC transmitter. Ifeel thatthis override, along with training within VLOS forthe PIC, VO, student, and tnstrm::torrts--suffrctent-for

### the operation 

### oflTTVllii-Phantum-3--tJAS: ···---. ·····**·---~--- <~·-**  -- --· · · · --·

14CFR 91.119 - Minimum safe altitudes: General. 14 CFR 91.119 requires thatthe PIC operate at "

...an altitude of500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feetto any person, vessel, vehicle, or structure." Following current FAA guidelines, the DJI Phantom 3 operates below400 feet and within VLOS. Considering that I intend to operate within VLOS and below400feet, the DJI Phantom 3 cannot comply with this request. I, Brendan Jefferies, will operate within all guidelines and proposed operation procedures outlined above.

14CFR 91.121 -Altimetersettings. 14 CFR 91.121 stipulates thatthe PIC "operating an aircraft shall maintain the cruising altitude orflight level ofthat aircraft, as the case may be, by reference to an altimeterthat is set, when operating- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft. 11



### , ...,

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### --- -**~-** 

### --·· altitude on board, transmitted through the 2.4 GHz telemetry dongle to iPad orAndroid device. Considering that I, BRENDAN JEFFERIES, uses primarily a barometric altitude reading, and the DJI PHANTOM 3 will only be in flight for around 20-30 minutes, even drastic changes in barometric pressure will notaffectthe altitude reading.

14CFR 91.151-Fuel requirements forflight inVFR conditions.-- ---**----~~~~~~----**

14 CFR 91.151 requires that the PIC may not begin aflight underVFR "unless (considering wind and forecast weather conditions) there is enough fuel toflyto the first point ofintended landing. The DJI Phantom 3 does not use liquid fuel, but instead uses a lithium polymer batterythat utilizes electric energy instead offuel. Considering this clarification, and the fact thatthe DJI Phantom 3 cannot fly morethan 2000 meters from its launch point, 

### I, BRENDAN JEFFERIES, requests an exemption from 14 CFR 91.151. The battery powering the sUAS provides approximately 20-30 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would not be allowable. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame forflight in daylight or night VFR conditions is reasonable. The DJI Phantom 3 calculates battery reserve in real time, and will return to itground station with at least 20% battery power reserve should that occur priortothe 30 minute limit.

14CFR 91.203- Civil Aircraft; Certifications Required Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness Certificate. The subsection (b) further states thatthe Airworthiness Certificate should be "displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew". 

### I, Brendan Jefferies have requested an exemption in the previous section (14 CFR 21 Airworthiness Certificates). In the eventthatthe FAA required me to obtain an experimental Airworthiness Certificate, 

### I, Brendan Jefferies would pursue such a certification and keep the relevant information on the ground with the PIC and VO at their designated ground station. Subsection (b) does not apply to the DJI Phantom 

### 3, as it does notcarry passengers or

### crew, or have a "cockpit" entrance. I, Brendan Jefferies proposes mountingthe my identification information (mailing address, phone number, COA ID Number, or any other information deemed relevant to the FAA) and the UAS identification information (UAS unique number issued by myself, and Airworthiness Certificate information ifrequired) on avisible exterior surface ofthe DJI PHANTOM 3. The sUAS is too small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of91.203, I propose that documents deemed appropriate forthis aircraft by the FAA will be collocated with the operator at the ground control station and available for inspection upon request. To identifythe aircraft, I propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft.

14 CFR Subpart E(91.401- 91.417)- General Operating and Flight Rules Subsections 91.405 and 91.407 of 14 CFR Subpart Erequire that routine and regularly scheduled maintenance be performed upon the aircraft before flight. Furthermore, Section 91.407 Part (1) stipulatesthat no person may operate an aircraft unless "It has been approved for return to service by a person authorized under §43.7 ofthis chapter". 

### I, BRENDAN JEFFERIES, requests exemption from these points, and proposes thatthe PIC and VO be allowed to perform maintenance reviews and inspections once a month, and pre-flight checks before every flight. The PIC and VO will be able to repair brokenarms, replace broken orworn propellers, and calibrate using the flight software. Further diagnosis or maintenance that requires tools not available to the PIC orVO in the field will be performed by myself. The operatorwill ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition, conduct detailed inspections before and after each flight. Maintenance performed by the operator is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed by the manufacturerortheirdesignated repair facility. The operatorwill documentwork performed in accordance with 91.417. Ifeel that due to the size, construction, and simplicity ofthe aircraft, the operatorcan ensure an equivalent level ofsafety.



### FAA Policy 8900.227 Paragraph 16(c) (4) 

### and Paragraph 16(e) (1). Policy 8900.227 Paragraphs 16(c) (4) and 16(e) (1) stipulate thatthe PIC and VO must have valid medical evaluatiens,

### dassified-a-s-FAAsecond=dassmedical--certifi-cates;-inorderto perform 

### as-thePitot InCommand orthe Visual Observer. Considering thatthe PIC and VO will both be on the ground, and that the DJI PHANTOM 3 cannot travel further 2000 meters, I, BRENDAN JEFFERIES, proposes thatthe PIC and VO only be required to have 20/20vision or corrective lenses or contacts, or a State issued Drivers License.