MR

. DONOVAN BANTA

dba UNIQUE PERSPECTIVES, LLC 1105 DONNA KAY KERRVILLE, TEXAS 78028 dbanta@stx.rr.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). Outlined below are the descriptions of the parts, subparts and sections in which I request exemptions and my reason for requesting the exemptions. Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthines s approvals. Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as ap plicable. Section 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation o r hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or a ltitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.Section 91.121 requires, in pertinent part, eac h 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.” Section 91.151(a) prescribes that no person may begin 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 [emphasis added]. Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration
ce rtificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft u nless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized un der § 43.7 of the same chapter. Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

— (a) each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, prev entive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an airc raft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircra ft for return to service. 2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor.(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and

appliance. ( iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection requi red by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive nu mber and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in pa ragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the airc raft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. 

### Unique Perspectiv**es, LLC exemption requests from all listed above are noted below:**  **Unmanned Aircraft System:** Unique Perspectives, LLC plans to operate the following UAS, the DJI PHANTOM 2 Vision+ and the DJI Phantom 3 Professional, which is comprised of an unmanned airc raft (UA or PHANTOM’S). The DJI Phantom 2 vision+ and the DJI Phantom 3 Professional are quad

- copter’s with a gross weight of about 3 pounds each. Each UA is equipped with four rotors that are driven by electric motors which is powered by batteries. The UA’s have a maximum airspeed of 30 to 35 mph. Unique Perspectives, LLC plans to use these UAS in aerial photography and cinematography on farming sites, crisis situations with local municipal and county agencies, enhancing real

- estate listings and other such tasks for busin esses, which could benefit from an aerial view for their planning of future expansions and/or advertising of their products or business. For most businesses and realtors in the area, standard aerial photography has been very cost prohib itive. The economic impact of being able to assist these businesses using aerial photography would be substantial.
T he use of this UAS in the above named applications greatly reduces risk to the public and property as there is no fuel carried by the PHANTO MS, aircraft noise is greatly reduced as opposed to a standard aircraft or rotorcraft both of which require numerous passes or extended lengths of hover time to accomplish the same task as the PHANTOMS can in only a few minutes. The PHANTOMS only weighs ab out 3 pounds each and are by far a much smaller hazard to persons or property than a standard aircraft or helicopter in the event of a catastrophic in

-flight failure. Unique Perspectives, LLC’s main priority is the safety of the public and its property.Un ique Perspectives, LLC makes the following representations of its operation in which to abide by to

ensure these exemptions if granted, will provide a level of safety at least equal to existing rules: The PHANTOMS will only be operated by, Donovan Banta , w ho has completed at a minimum, 1 5 0+ hours of flight on non

- GPS stabilized UAV craft which require an elevated level of flight knowledge and attention to detail while operating these type of craft. In addition, I have 53 hours of logged flight time using th e Phantom 2 vision+ and will soon accomplish the 8 hour mark for logged flight time using the Phantom 3 Professional. All flying hours completed have been as a UAV hobbyist, with the focus of: a) Collision avoidance b) Loss of C2 link procedures as outlined in t he Operators manual for the Phantom 2 Vision + and the Phantom 3 Professional. c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing weather etc. d) Estimating distance from objects, persons, vehicles and vessels. e) Communication with the spotter(s) f) Completed the DJI Phantom 2 vision+ and DJI Phantom 3 Professional pilot training guide maneuvers and skills. g) The ability to recognize persons or objects that are not part of the intended and permitted part of the project that enter the 500 foot operational area unless such persons or objects are deemed permitted by the owner or controller of the property or area and the PIC (pilot in command) makes a safety assessment of the risk of operating closer and it does not p ose undue or signifi cant risk. h) The ability to quickly and safely land the PHANTOMS in the event of intrusion into the safe
zone. 1.) A complete pre

-flight systematic check by the PIC (pilot in command) of the PHANTOMS physical condition, i.e. props, landing gea r, position indicator lights, battery capacity, battery level of UAV and remote, and overall airframe condition. If any of the above are not within the manufacturers minimum standards no flight will take place until such time as the issue(s) is repaired to manufacturers standards. 2.) Written documentation of each physical inspect ion and repairs if any, by the PIC (pilot in command) will be kept with the Phantom and will be on

- site and available for review. 3.) Software in relation to both PHANTOMS operation will b e checked for proper function. The most current DJI vision APP/DJI Pilot APP and the current firmware will be installed to assure the most up to date safety features. 4.) Prior to every flight, the compass on the PHANTOMS will be calibrated as to ensure precis e location. 5.) Unique Perspectives, LLC will ensure the altimeter setting on the PHANTOMS is that of AGL (above ground level) rather than GPS or barometric pressure derived settings. 6.) Every safety feature offered through the DJI vision APP/DJI Pilot APP will b e enabled for every flight, every time. Listed are the following safety features:
a. Enable ground station b. Compass calibration
c. Low battery auto go home d. Dynamic home point
e. Current RTH (return to home) altitude (AGL) (14) Low battery alarm 7.) Use of the DJI Ground Station GUI (graphical user interface)Of particular interest are the following:

a. Flight attitude and radar function

b. Flight parameters

- RTH (return to home) altitude, horizontal distance from home point, altitude

-vertical distance from home point, speed

- horizontal flying speed.

c. Flight Battery Level indication

d. There is a built in preflight checklist within the DJI vision APP/DJI Pilot APP which is and will be completed prior to each flight.

e. Aircraft GPS Status

- Unique Perspectives, LLC’s P HANTOMS will not fly with less than (7) GPS Satellites available.
f. Hide or show flight parameters

- Unique Perspectives, LLC’s PHANTOMS will ALWAYS fly with parameters displayed in order to assist in maintaining safe distances from persons and objects and t o adhere to the flight plan. 8.) Unique Perspectives, LLC will operate with a minimum of (1) one, trained spotter for every flight. “Trained” meaning familiarization with the PHANTOMS, its abilities according to the operators’ manual as well as the abilities of PIC. Spotters will participate in documented training developed in

- house prior to being allowed on the flight line. Training will consist of, at a minimum the following:

a) The ability to roughly identify minimum distance from objects b) The ability to quickly recognize unusual flight maneuvers/attitudes of the PHANTOMS c) The ability to communicate with the PIC the visual limitations and to never let the PHANTOMS out of the visual capabilities of the PIC and the spotter(s). d) T he ability to recognize perso ns or objects that are not part of the intended and permitted part of the project that enter the 500 foot operational area unless such persons and objects are deemed permitted by the owner or controller of the property or area and the PIC makes a safety as sessment of the risk of operating at a closer range and it does not pose undue or significant risk to those persons or objects. e) The ability to accurately describe to the PIC, the orientation of the PHANTOMS in relation to the pre

- set home point as well as the direction of travel.f) The training will take place under strict, safe conditions away from persons or large obstacles. I.e. large open fields.

9.) Prior to each flight, the PIC and the Spotter(s) will perform a pre

-flight briefing detailing the estimated flight distance, estimated flight level AGL and the goal of the particular flight. Each preflight briefing will be documented by the PIC to include flight details, pilot name, spotter(s) name, weather details, time and date. Written and/or verbal consent will be obtained from the person/ business requesting the flight.
A post

-flight briefing will also be conducted and documented with the PIC and the spotter. The Documented Pre

-flight, the raw pictures and/or the raw video footage as well as the post

fligh t brief and written consent will be kept by Unique Perspectives, LLC for a period of at least (2) years. Unique Perspectives, LLC believes that given the size, weight, speed, and limited operating area associated with the PHANTOMS, requests an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 an d Section 333 of P.L. 112

-95 (Section 333). Unique Perspectives, LLC requests exemption from § 45.23 Marking of the aircraft. The PHANTOMS do not have a cabin, does not have a cockpit or a pilot station. Minimum sized lettering and wording are difficult to place on the PHANTOMS. Unique Perspectives, LLC will however affix a sticker on the unit which will contain contact information for the company in case of aircraft loss. Unique Perspectives, LLC requests an exemption from §§ 91.405(a), 91.407(a) (1), 91.4 09(a) (2) and 91.417(a) and (b) Maintenance inspections and feel it should be granted since they only apply to aircraft with an airworthiness certificate. Unique Perspectives, LLC has developed maintenance inspections and documentation methods for the PHAN TOMS from personal experience as well as the manufacturer’s user manuals. Unique Perspectives, LLC requests relief from § 91.119(c) because the aircraft will be operated at altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an aircraft below the following altitudes: over other than congested areas, an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Unique Perspectives, LLC will operate pursuant to the following restrictions related to § 91.119:

- Operate in reasonably safe environments that are closely monitored by ground assistants and signage placed in locations that would be considered reasonable locations for pedestrians, vehicles or vessels to enter the area.

-Within 5 miles of airports and congested areas.Congested areas will be defined by VFR charts as well as by contacting the San Antonio, Texas

FSDO (flight sta ndards district office).

- Conduct all operations under Unique Perspectives, LLC’s guidelines contained in the operating documents and will analyze flight data and other sources of information such as the manufacturer’s website to constantly update and enh ance safety.

- Contact respective airports if operations will be within 5 miles to advise them of estimated flight time, flight duration, elevation of flight and other pertinent information deemed important by the airport.

- Always obtain all necessary pe rmissions prior to operation. Permissions include but are not limited to a (COA) and a request for a (NOTAM) as well as permission from the property owner or person in control of the property and when practical, will be in writing and kept on file for 2 ye ars for review. If it’s not possible to obtain written permission, the PIC will document in writing how permission was obtained i.e. phone call with date, time and party information. Unique Perspectives, LLC requests relief from 14 CFR 91.121 Altimeter Settings. Unique Perspectives, LLC’s PHANTOMS have a barometric altimeter and GPS derived altitude capabilities. The FAA requires any altitude reported to ATC to be in feet AGL. Unique Perspectives, LLC will set the altimeter on the PHANTOMS to zero feet AGL rather than local barometric pressure or field altitude before flight. Unique Perspectives, LLC requests relief from § 91.151 (a) Fuel requirements for flight in VFR conditions based on the following: No fuel is used in the PHANTOMS as they are battery op erated. Batteries have, in our experience have about 25 minutes of quality flying time. In the interest of safety, Unique Perspectives, LLC generally lands with 35% of battery remaining which gives about 15

- 20 minutes of flying time per battery. The PHAN TOMS have an audible battery state warning system. Unique Perspectives, LLC will always follow the manufactures minimum battery warning which is 30% remaining. There is also an on

- scree n warning of low battery, ‘Return to Home’ and that message is announce d if flight distance has exceeded battery capacity. In this event, an emergency landing would be made as soon as safe and practical. The PHANTOMS also have an automated function which results in immediate Return to Home when a low battery is detected. Rese arching previous relief requests, relief has been granted for manned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in exemption Nos. 8811, 108 08, and 10673 for daytime, VFR conditions. Unique Perspectives, LLC will adhere to all VFR minimums as well as VMC conditions when planning and/or executing any flights. There is little purpose for aerial video or pictures if the weather is less than desirable. Following VFR minimum standards will at least ensure a safe flight. Wind and forecast weather will be a key in deciding suitable conditions. Local weather can be a ttained from the Kerrville Municipal Airport AWOS @ 830

- 895

- 2204 . No flight will take p lace in any condition that would potentially be outside of the PHANTOMS capabilities in wind. Unique Perspectives, LLC will always fly within its 30% minimum remaining battery life at its first intended landing point. Unique Perspectives, LLC will obtain a n Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations. Unique Perspectives, LLC willalso request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than

48 hours pri or to the operation.

If there are any areas that have not been addressed, please contact me for supplemental information.

Thank you for your time,

Donovan Banta Dba Unique Perspectives, LLC 1105 Donna Kay Kerrville, Texas 78028 830

- 370

-9068 dbanta@stx.rr.com