Timothy J. Rikard

4970 Fairmont RD S. E. Smyrna, GA 30082 678
-481
-8459 timrikard@yahoo.com
The following petition is submitted by Timothy J. Rikard, Petitioner, and made to DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591 for an exemption from Title 14, Code of Federal Regulations (14 CFR) Sections 45.23(a)(b); 45.27(a); 45.29; 47.15; 91.7(a); 91.119(b)(c); 91.121, 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) & (b). **ALL OPERATIONS WILL BE CONDUCTED BELOW 300**  **FEET, WITHINVISUAL -** **LINE -** **OF -** **SIGHT, DURING**  **DAYLIGHT HOURS AND ROUGHLY FIVE MILES AWAY FROM ANY AIRPORT OR HELIPORT LOCATION. PREVIOUS GRANT OF EXEMPTION**  I submit the following approved exemption as reference (a): Exemption No. 11191 / Regulatory Docket No. FAA–2014–0915 By letter dated July 12, 2014, Mr. Michael Singer of Singer’s Creations, of Harrisburg, PA., petitioned the Federal Aviation Administration (FAA) for an exemption from 14 CFR Part 21, Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 CFR 91.409 (a)(l); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) of Title 14, Code of Federal Regulations (14CFR). The proposed exemption would allow Singer’s Creations to operate the PHANTOM 2 Vision+ quadcopter unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the metro Tucson area and augment real estate listing videos. The FAAs decision pertaining to Exemption No. 11191: “In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), and40113, 44701, delegated to me by the Administrator, Singer’s Creations is granted an exemption from 14 CFR §§ 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the extentnecessary to conduct aerial photography and videography for homeowners, realtors, home builders,

home contractors, and/or home inspectors for use in real estate marketing and inspections of home exteriors.”

**************** **CURRENT PETITION FOR EXEMPTION** I, Timothy J. Rikard, submit the following: **Summary of request** I am submitting this petition pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, so that I may operate the DJI PHANTOM 2 Vision+ (or similar, should newer, safer and/or more advanced models become available) quadcopter unmanned aircraft system (UAS) for the limited purpose of conducting aerial photography and videography below 300 feet AGL and further than 5 miles from any airport or heliport, in order to safely and legally capture aerial photography and videography for use by owners of commercial and residential properties, building contractors and inspectors, developers, realty agents, and for the inspection of stacks, towers, bridges, power lines, wind turbines, generating facilities and other infrastructure for compensation or hire. I will also offer at no charge aerial photo/video services to law enforcement and other first responder agencies. In reference (a), Exemption No. 11191 (which is essentially identical to my request), an exemption was approved for an individual with no pilot certificate or experience
. Thank you for your time and attention to my request. Yours truly, Timothy J. Rikard
U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W1 2- 140 1200 New Jersey Avenue, SE Wash ington, DC 20590
**REQUEST FOR**  **EXEMPTION UNDER**  **SECTION 333**  **FROM 14**  **CFR PA** **RT 21,**  **SUBPA RT**  **H; 14**  **CFR 61.113**  **(A )**  **AN D**  **(B) ;**  **14 CFR**  **91.109; 14**  **CFR 91.121;**  **14 CFR** **91 .**  **151; (A ); 14 CFR**  **91.405 (A ); 14 CFR 91.407 (A** **)(L); 14 CFR 91.409 (A )(L)**  **; 14 CFR** 

**91.409 (A )(2)**  **; 14 CFR 91.417 (A** **) AN**  **D (B)** Dear Sir or Madam:
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Petitioner hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial use of its Small Unmanned Aircraft Systems (SUASs), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. An exemption is being requested because (1) existing regulations will burden Petitioner, (2) Petitioner can provide a level of safety that is equal (or greater than in many cases) to those provided by existing rules, and (3) the request is in the public interest. The FAA's authority to issue exemptions from operating rules, and the Secretary's authority granted by Section 333 of P.L. 112-95, Special Rules for Certain Unmanned Aircraft Systems, provide an opportu nity to authorize certain SUAS operations in the National Airspace System (NAS) prior to implementation of the SUAS rule

. This incremental step will allow Petitioner to safely and legally enter into the NAS.
As described in detail below, the requested exemption would permit Petitioner to operate SUASs under controlled conditions in airspace that is (1) limited, (2) predeterm i ned, (3) controlled as to access, and (4) would provide safety enhancements to the already safe operations of those aircraft of similar size, weight, speed, and operating capability that have been granted entry into the NAS via the rules in Academy of Model Aeronautics (AMA) National Aircraft Safety Code. 1**ALL COMMERCIAL**  **OPERATIONS WILL**  **BE CONDUCTED**  **BELOW 300** 

**FEET, WITHIN**  **VISUAL -**  **LI NE** **- OF** **- SIGHT,**  **DURING DAYLIGHT**  **HOURS AND**  **ROUGHLY FIVE**  **MILES AWAY**  **FROM ANY**  **AIRPORT OR**  **HELIPORT LOCATION.**  Approval of this exemption would thereby greatly enhance safety and fulfill the Secretary of Transportation's (the Secretary) responsibilities to "

... establish requirements for the safe operation of such aircraft systems in the national airspace system" per Section 333 (c) of the Reform Act. 2 Petitioner is requesting exemption from the following regulations : 14 CFR Part 21, Subpart H 14 CFR 61.23 (a) 1 4 CFR 61.113 (a) and (b) 14 CFR 91.109 14 CFR 91.121 14 CFR 91.151 (a) 14 1 See the attached" AMA SafetyCode.pdf document.
2 Petitioner interprets this provision to place the duty on the Secretary to not only process applications for exemptions under section 333 of the Reform Act, but for the Secretary to craft conditions for safe operations of SUAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. CFR 91.405 (a) 14 CFR 91.407 (a)(l) 14 CFR 91.409 (a)(l) 14 CFR 91.409 (a)(2) 14 CFR 91.417 (a) and (b)
This exemption application is expressly subm itted to fulfill Congress' goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In makingthis determination, the Secretary is required to determine which types of SUAS’ do not

create a hazard to users of the NAS , to the public, or pose a threat to national security.
Section 333 of the Reform Act grants the Secretary authority to determine (1) if an unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight (VLOS) does not create a hazard to users of the NAS or the public, or pose a threat to national security, and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under 49 USC 44704 is required for the operation of civil (nongovernmental) UASs. Therefore, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system". 3 **Operation Overview** Petitioner’s DJI Phantom 2 Vision+ (“SUAS”) is a quadcopter, weighing 3 or fewer Ibs. (including payload). The aircraft has the capability to hover and move in the vertical and horizontal planes simultaneously. They will operate only in visual line of slight (VLOS) and will operate only in tightly controlled and limited airspace. They are capable of operating at speeds of up to 29 knots, but will be routinely operated at much lower 3 Reform Act Section 333 (b) speeds

. They will routinely be operated below 300 feet above ground level (AGL), and unless and until regulations permit otherwise, never about 400 feet AGL.
Aerial photography and videography services will be offered for use by owners of commercial and residential properties, building contractors and inspectors, developers, realty agents, law enforcement and other first responders, and for the inspection of stacks, towers, bridges, power lines, wind turbines, generating facilities and other infrastructure. All operations (with the possible exception of assisting law enforcement/first responders) will be conducted on private property and with the writtenand/or oral permission of the property owner(s). Operations will always be conducted in

areas that are clear of people, except the pilot in command (PIC) and the PIC's helper(s). Such operations will ensure that the UAS will "not create a hazard to users of the national airspace system or the public" 4 **Ai rcraft**  Petitioner operates a Phantom 2 Vision+ (Phantom) SUAS manufactured by DJI, a well
known leader in quadcopter technology. DJI strives to bring new perspectives to aerial work and helps companies accomplish feats safer, faster, and with greater efficiency. They have an unparalleled commitment to R&D, a culture of constant innovation, and a focus on transforming complex technology into easy-to-use devices.
The standard Phantom quadcopter package includes the Phantom itself, camera, gimbal, propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 GHz Wi-Fi communication system. The remote uses a 5.8 GHz frequency to prevent interference with the video/telemetry channel. This second channel allows for a constant connection with the Phantom to monitor it via a smartphone that is attached to the remote controller. The Phantom is about 1 foot square in size. It has a maximum ascent speed of 11 4 http://www.dji.com/product/phantom
-2-vision-plus knots, a maximum descent speed of 3 knots, and a maximum flight speed of 29 knots. While operating within VLOS, the remote control has a range of 2,624 feet. The total weight (including the payload) is 2.55 pounds. 5 The Phantom is equipped with a DJI Naza-M V2 flight control system. This provides for incredible ease of use and stability. Pilots can control the Phantom's movements in many directions - including forward and backward, climb and descend, yaw (turn left and right), and roll (bank left or right). The flight control system can also provideIntelligent Orientation Control (IOC), failsafe, battery level warnings, and show the

aircraft's current heading, direction, and approximate distance from home on the onscreen radar. The built-in GPS system aids in stabilizing the aircraft and automatically and safely returns it back to its home point if communication between the remote control and quadcopter are lost or the battery level becomes too low.
The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells the Phantom how it's tilted. And the gyros tell it if it's rotating in any particular direction.
The Phantom's compass reads geomagnetic information and assists the Global Positioning System (GPS) to accurately calculate the position and height of the aircraft. The vertical hover accuracy is +/
- 2.6 ft. The horizontal hover accuracy is +/
- 8.2 ft.
The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs illuminate to indicate the status of the flight control system and alert the PIC of any possible issues. Such highly advanced capabil ities will ensure that the Phantom can be safely operated and "not create a hazard to users of the national airspace system or the public." 6 5 http://www.dji.com/product/phantom
-2-vision/spec
6 Reform Act Section 333 (b) **Equivalent Level of Safety** In an effort to join the FAA in its mission to provide the safest, most efficient aerospace system in the world and to minimize the risk to the NAS or to persons and property on the ground, Petitioner agrees to be bound by the following limitations and conditions when conducting commercial operations under an FAA issued exemption:A. For the purposes of ensuring the aircraft will be operated within the standards that

the FAA has allowed in the AMA National Model Aircraft Safety Code, except as modified or superseded by the proposed FAR Part 107: 1

. SUASs will not be flown: a. In a careless or reckless manner. b. At a location where SUAS activities are prohibited

. 2.SUAS pilots will: a . Yield the right of way to all human-carrying aircraft. b. See and avoid all aircraft and a spotter will be used when appropriate. 7 c. Not conduct commercial operations higher than **200** feet above ground level or with i n **fiv e**  **(5)** miles of an airport or hel iport without notifying the airport operator, until such time as the FARs have been written or revised to permit higher flights or flights closer to an airport. d. Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed-useagreement. e. Not exceed a takeoff weight of 55 pounds (including payload). f. Ensure that the aircraft is identified by affixing the owner's contact information to the outside of the SUAS.

7 AMA Document #540
-D g. Not operate SUAS while under the influence of alcohol or while using any drug that could adversely affect the PIC's ability to safely control the model. h. Not operate SUASs carrying pyrotechnic devices that explode or burn , or any device that propels a projectile or drops any object that creates a hazard to persons or property. 3. SUASs will not be flown unless:a. The aircraft, control system and pilot skills have successfully demonstrated all

maneuvers intended or anticipated prior to the specific event. b. An inexperienced pilot is assisted by an experienced pilot. 4. All pilots will avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others. 5. A successful radio equipment ground-range check in accordance with manufacturer's recommendations will be completed before the first flight of a new or repaired model aircraft

. 6. SUASs will use the radio-control frequencies currently allowed by the Federal Communications Commission (FCC). 7. SUASs will not knowingly operate within five (5) miles of any pre-existing flying site without a frequency
-management agreement. 8 8. Excluding takeoff and landing , no SUASs will be flown outdoors closer than 25 feet to any individual, except for the PIC and the PIC's helper(s) located at the takeoff/landing site. 9. Under no circumstances will a pilot or other person touch a SUAS in flight wh ile it is still under power, except to divert it from striking an individual. 10. The PIC of the SUAS shall: a. Maintai n control during the entire flight, maintaining visual 8 AMA Documents #922 and #923 contact without enhancement other than by corrective lenses prescribed for the pilot

. b. Fly using the assistance of a camera or First-Person View (FPV) only in accordance with the procedures outlined in AMA Document #550. c. Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined in AMA Document #560.11. The flying area will be clear of all utility wires or poles and, except for utility line

inspections, an SUAV will not be flown closer than 50 feet to any above-ground electric utility lines

. 12. The flying area will be clear before the engines are started, except for PIC and the PIC's helper(s). B. In addition to the above rules outlined by the AMA National Model Aircraft Safety Code and in an effort to enhance the safety offered by the already safe operations mentioned above, Petitioner also agrees to be bound by the following limitations and conditions: 1. Flights will be operated within VLOS of the P I C. 2. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 3. The SUAS will only operate in tightly controlled and limited airspace. 4. A briefing will be conducted in regard to the planned SUAS operations prior to each flight

. It will be mandatory that all personnel who will be performing duties with i n the boundaries of the safety perimeter be present for this briefing. 5. The PIC and the PIC's helper(s) will have been trained in operation of SUAS and received up-to-date information on the particular SUAS to be operated. 6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice

. 7. If the SUAS loses communications or loses its GPS signal, the SUAS will have capability to return to a pre-determined location with in the security perimeter and safely land. 8. The SUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.9. With the possible exception of flights conducted in support of law enforcement/first

responder operations, all flights will be conducted on private property and with the written and/or oral permission of the property owner(s). 10. Flights will always be conducted in areas that are clear of all people, except for the PIC and the PIC's helper(s). 11. All flights will be conducted outdoors in visual meteorological conditions (VMC) and never during severe weather conditions. 12. Flights will not occur in weather cond itions that prevent the PIC from operating within visual line-of
-sight (VLOS) at all times or in weather conditions that dramatically affect the UAS's flight (e.g

. high winds)

. 13

. If an operation occurs in an area where people could inadvertently enter the area, an operational border will be established with traffic cones. If it is not feasible to use traffic cones due to interference with the photography/videography, the PIC's helper(s) will be responsible for keeping a safe perimeter around the operation. The operation will cease immediately and be rescheduled if it is impossible to establish a safe perimeter around the operation. The operation of SUAS weighing less than 3 pounds, conducted in the strict conditions as outlined above, will provide an equivalent level of safety supporting the grant of exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations.
These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly controlled environment. As a result, they offer a much safer way to capture aerial photography and videography. Furthermore, the proposed operations represent a safety enhancement to the already safe operations that have been granted by the FAA for the establishment of the AMA National Model Aircraft Safety Code. **Preflight A ction Plan** The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a

condition for safe flight. This plan will be revised as needed in order to ensure all known safety precautions and/or safety precautions suggested by the manufacturer are being accounted for. **A. Pre** **- flight**  **Inspection** 1.Check that the remote control, aircraft battery, Wi-Fi range extender, and smartphone are all fully charged. 2.Verify that the aircraft battery is not swollen or damaged in any way. Clean the contact needles and pads if necessary. 3.Manually turn the motor shafts to verify they are smooth and without excessive play or binding. 4.Verify that the propellers are mounted correctly. Propellers with a black top shall be mounted on the mount shafts that have a black dot. Propellers with a silver top shall be mounted on the mount shafts that have a silver dot. Each propeller should spin all the way down onto the motor shaft

. 5.Run finger along the edge of edge of each rotor blade to check for any rough edges. 6.Flex both sides of the rotor blades to check for hairline cracks where the blades connect in the center of the rotor. 7

. Verify that the landing gear is secure (not cracked/broken/loose)

. 8. Verify that the compass and compass cable is firmly attached to the landing gear. 9

. Verify that the Micro-SD card has been inserted and formatted

. 10.Verify that the damping absorbers are not broken and/or worn. 11.Verify that the anti-drop pins are in place and locked. 12.Remove the gimbal guard and camera lens cap. 13.Verify that the camera is secure and clean. Inspect the camera ribbon cables for tears and/or signs of wear.14.Verify that the smartphone's or tablet’s GPS is enabled

.

15.Set the smartphone or tablet to do-not-disturb mode to prevent distractions while flying. 16.Set the smartphone or tablet to forget any Wi-Fi networks in range in order to prevent the Wi-Fi connection from changing mid-flight. 17.Verify that the smartphone or tablet’s audio is on to ensure the low battery warning and other alarms can be heard. **B. Power Up**  1

. Verify that S1 and S2 switches are in the top position on the remote control. 2

. Power on the equipment in the following sequential order: a. Range Extender ("System" is blinking green ; "Power" is solid green) b. Remote Control (2 beeps to indicate it's in FCC mode) c. Insert and start the Phantom battery. 3.Watch the Phantom LED startup sequence for abnormal indications. The rear LEDs should blink green for at least 10- 15 seconds to indicate that it locked onto 6+ satellites and has marked the home point (for use by the failsafe feature). 4.Calibrate the Phantom's compass. 5.Place the Phantom at least 10 feet away on open, flat ground with the battery indicators facing towards the PIC.
**C .**  **DJI Vision A pplication**  1

. Connect the smartphone or tablet Wi-Fi to the range extender. 2. Launch the "DJI Vision" application on the smartphone.a. Verify that the Wi-Fi connection is "Phantom-#####" and is marked with a

green dot. b

. Verify the number of satellites is 6+. c. Verify the Wi-Fi signal strength

. d. Verify that the Phantom and range extender batteries are reporting a **full** charge. e. Verify that both the PIC's and Phantom's location are the same before taking off to ensure the home point has been accurately marked. f. Verify the location of the Phantom in the "Flight Radar". If it's not in the correct position/direction and/or shows a distance of "N/ A", it did not mark the home point. g. Use the "Find my Phantom" feature to ensure the blue (home point location) and red (Phantom location) dots are in the same location on the screen. **D. Ready** 

**to Fly** 1. Verify that the remote control antenna is perpendicular to the ground (pointing skyward). 2. Verify that the front, flat face of the range extender is pointed toward the Phantom. 3. Verify that the rear LEDs are still slowly blinking green and still connected to 6+ satellites. 4. Start the Phantom motors using the CSC command on the remote control. 5. Verify that the motors are functioning normally, are not making any unusual noises, and are all spinning at the same speed. 6 .Verify that the area is still clear of obstructions, people, power lines, etc. 7. Take off and hover at about 6-8 feet above the takeoff point to verify that the Phantom has a solid GPS lock. If any abnormalities are noticed (drifting, flying in circles, etc.), land immediately and repeat the "Pre-flight I nspection" and "Power Up" sequences.8

. Verify that the Phantom holds a steady position wh ile yawing 360

degrees. 9. Verify that the Phantom response appropriately to all controls
- yaw left/right, forward/backward, bank left/right, and throttle up/down.
**Preventative Maintenance** A comprehensive preventative maintenance plan will be followed in order to ensure the SUAS's software is up-to-date, the batteries are in good health, and the aircraft itself is always ready for safe flight9. **Pilot in Command (PIC) Qualifications** The Petitioner is the holder of commercial pilot certificate 2133412, single and multiengine land, single engine sea, with and instrument rating, and is a former certificated flight instructor and advanced ground instructor.
The Petitioner holds a Bachelor of Science degree in Business Administration (Aviation Administration) granted from the University of North Dakota. Courses in that curriculum included lengthy studies of aviation meteorology and airspace regulations and restrictions. Accordingly, It may be assumed that the Petitioner (with UH-34 Navy helicopter experience and over 1500 hours of fixed wing experience, along with hundreds of hours operating various radio controlled helicopters and quadrotors) has 9 See the "Preventative Maintenance Checklist" on page 41 of the attached "PhantomGuide

. pdf" document. the skill and ability to safely operate an unmanned aerial vehicle conducting commercial operations below 200 feet within strictly controlled, pre-approved airspace . Since there are no standards for either private or commercial SUAS pilot certificates, knowledge of airspace regulations and dexterity in the control and operation of the SUAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety.Furthermore, the petitioner has accomplished the following:

1.Performed in excess of 50 flights with the Phantom. 2.Successfully learned and demonstrated all flight maneuvers in the "Phantom Pilot Training Guide". 10 3

. Studied and is familiar with all sections of the "Phantom 2 Vision+ User Manual"

. 11 4.Studied and is familiar with all sections of the "Guide to the Phantom 2 Vision & Vision+" **12** 5.Studied, is familiar with, and can demonstrate (where possible) the "Always Be Prepared for the Worst" scenarios

. 13 **Public Interest** Granting this exemption would benefit the public as a whole

. SUASs offer a strong equivalent or greater level of safety, a reduction in environmental impacts, and are free from the harmful emissions associated with the manned aircraft that are currently used for aerial photography and videography. Due to the small size of the SUAS and the tightly controlled and limited airspace in which the SUAS will operate, approval of th is application presents no risk to the public

. Furthermore, the public will be able to legally

10See the attached "PhantomTrainingGuide.pdf" document. 11See the attached "PhantomUserManual.pdf" document. 12See the attached "PhantomGuide.pdf" document

. 13 See "Always be prepared for the Worst" on page 13 of the attached "Guide to the Phantom 2 Vision & Vision+"

. acquire aerial photography and videography to help in advertising commercial, residential and agricultural property for sale or development, safely accessing high and/or awkward areas of a building exteriors to assess damage that needs to be repaired , and stack, tower, wind turbine and bridge inspections, and assisting first responders at no charge in crowd management and search and rescue operations. **Privacy**Since most of the areas being photographed or videoed will be on private property,

accessed only after receiving written and/or oral consent by the property owner(s), and clear of people except for the PIC and the PIC's helper(s), approval of this application presents no risk to the public privacy

. And as a former federal law enforcement officer the petitioner is cognizant of and sensitive to privacy issues and the necessity to avoid invasions of privacy rights. **National Security** Due to the small size of the SUAS and the tightly controlled and limited airspace in which the SUAS will operate, approval of this application presents no risk to national security

. **Requested Exemptions** Petitioner requests exemption from the following regulations since it is not possible to fu lly comply with them, and since attempting to follow them for the purposes of operating a SUAS would be unreasonably burdensome: Airworth i ness Certificates 14 CFR Part 21, Subpart H Subpart H establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203 (a) (1)

. Given the size and limited operating area associated with the aircraft to be utilized by Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act

. The Federal Aviation Act (49 USC 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed , operational capability, and proximity to airports and populated areas of the particular SUAS. In all cases, an analysis of these criteria demonstrates that the SUAS operated without an airworthiness certificate, in therestricted environment and u nder the conditions proposed, will be at least as safe, or

safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. Medical certificates 14 CFR 61.23 (a) This regulation requires pilots of manned aircraft to hold a medical certificate. Risks associated with the operation of the proposed SUAS are greatly diminished from the level of risk associated with any manned aircraft due, in part, to the SUAS’ small size, l ight weight, low speed, and operational capabilities which makes it much safer than any manned aircraft. And since operations will occur in tightly controlled and limited airspace, obtaining and maintaining a medical certificate would not improve the safety of the operation. In the very rare case of a mishap, the SUAS being flown will pose significantly less of a threat than manned helicopters and fixed wing aircraft because the SUASs are a tiny fraction of the size, a fraction of the weight, will be flown at a fraction of the speed, carry no flammable fuel, carry no crew or passengers, and will autonomously return to home in the event of loss of communications with the pilot. Civil Aircraft Airworthiness 14 CFR 91.7(a) Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Petitioner to determine that the DJI Phantom 2 Vision+ SUAS is in an airworthy condition prior to every flight by ensuring that the SUAS is in compliance with the DJI Phantom 2 Vision+ User Manual, and that the aircraft is in a condition for safe flight. Petitioner seeks the requested relief because the DJI Phantom 2 Vision+ does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, prior to every flight, Petitioner will ensure that the DJI Phantom 2 Vision+ is in an airworthy condition based upon a visual inspection, in order to determine that the aircraft and its components are in compliance with its type design and operatingdocuments (i.e., the Phantom 2 Vision+ User Manual), and that the aircraft can be

operated safely pursuant to the conditions and limitations stated herein. Flight instruction 14 CFR 91.109 This regulation provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.
SUASs and other remotely piloted aircraft, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the small size and slow speed of the aircraft. Altimeter settings 14 CFR 91.121 This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the SUAS does not have a barometric altimeter, but instead a is equipped with a barometric pressure sensor and GPS equipment that automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the aircraft on the heads- up display of the remote controller, an exemption may be needed. The operator will achieve an equivalent level of safety by confirming the altitude of the launch site shown on the GPS altitude indicator before flight.Fuel Requirements for Flight in VFR Conditions 14 CFR 91

. 151 (a)

This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed - (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."
The battery powering the SUAS provides a maximum of 35 minutes of powered flight; that would make it impossible to meet the 30-minute reserve requirement. Given the limitations on the SUAS's proposed flight area and the location of its proposed operations within a predetermined area, a shorter time frame for flight in daylight VFR conditions is reasonable.
An equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of remaining battery power (whichever occurs first). This restriction would be more than adequate to return the SUAS to its planned landing zone from anywhere in its limited operating area. Maintenance I nspections 14 CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 CFR 91.409 (a)(l); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter... ", and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, they do not apply to the operation of this SUAS. The operator, pursuant tothe aforementioned DJI Phantom 2 Vision+ user manual and guide, will accomplish any

required maintenance. An equivalent level of safety will be achieved because these small SUASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited periods of time. If mechanical issues arise, the SUAS can land immediately and will be operating from no higher than 200 feet AGL (until such time as regulations permit operations at higher altitudes). As outlined in the aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS is in working order prior to initiating flight and will perform maintenance as required. Moreover, the operator is the person most familiar with the aircraft and best su ited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. In accordance with 14 CFR Part 11, the following summary is provided for publication in the Federal Register: **Petitioner seeks**  **an exemption**  **from the**  **following rules:**  **14 CFR**  **Part 21,**  **Subpart H;**  **14 CFR**  **61.113 (a)**  **and (b);**  **14.CFR 91.7(a);**  **14 CFR**  **91.109; 14**  **CFR 91.121;**  **14 CFR**  **91.151; (a);**  **14 CFR**  **91.405 (a);**  **14 CFR**  **91.407 (a)(l);**  **14 CFR**  **91.409 (a)(l)**  **& (a)(2);**  **14 CFR**  **91.417 (a)**  **and (b)**  **to commercially**  **o perate**  **small unmanned**  **aircraft sy** **stems (55**  **Ibs. or**  **less) belo** **w 200**  **feet AG**  **L and**  **further than**  **5 miles**  **from any**  **airport or**  **heliport, in**  **order to**  **safely a** **nd legally** 

**c apture**  **aerial photography**  **and videograph** **y for**  **use by**  **h omeow** **ners, builders**  **and inspectors,**  **realty a** **gents, first**  **responders/law enforcement,**  **and for**  **the inspection**  **of st** **acks, towers,**  **bridges, pow** **er lines, wind turbines, generating facilities and other infrastructure.** The operation of SUASs conducted in the strict conditions outlined above, will provide an equivalent and/or greater level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 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 thanexisting operations conducted with helicopters operating in close proximity to the

ground, people, or other buildings in the vicinity.
Given the small size of the SUASs involved, the slow speed at which they must be operated in order to capture photos and videos, and the restricted environment within which they will operate, the Phantom demonstrates that it can be operated within an equivalent level of safety in which Congress envisioned that the FAA must, by exemption , allow commercial operations of SUASs to commence immediately

. Also, due to the size of the SUASs and the restricted areas in which the relevant SUASs will operate, approval of this application presents no threat to national security. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent level of safety surrounding the proposed operations,the significant public benefit
- including enhanced safety, reduction in environmental impacts, no emissions, ability to legally obtain aerial photography and videography services - the grant of the requested exemptions is i n the public interest. Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without delay.
Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, operating capability, proximity to airports and populated areas, operation within the visual line of sight, public safety, and national security
- provide more than adequate justification to grant petitioner’s requested exemption, allowing for commercial operations as described herewith. **CONCLUSION** As set forth herein, Petitioner seeks an exemption pursuant to 14 C.F.R. §11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+ SUAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial photography andvideography for use by owners of commercial and residential properties, realty agents,

builders, contractors, developers and/or inspectors, first responders/law enforcement, and for inspections of stacks, towers, bridges, power lines, wind turbines, generating facilities and other infrastructure, and any other lawful purposes, for compensation or hire. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Petitioner to safely, efficiently, and economically operate the DJI Phantom 2 Vision+ SUAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Petitioner to operate SUAS commercially for the purpose of conducting aerial photography and videography for use by owners of commercial and residential properties, realty agents, builders, contractors, developers and/or inspectors, first responders/law enforcement, and for inspections of stacks, towers, bridges, power lines, wind turbines, generating facilities and other infrastructure, and any other lawful purposes, for compensation or hire. Dated: July 8, 2015 Sincerely, Timothy Jason Rikard