February 4, 2016

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

Room W12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

- 0001

Subject : Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam;

This application is being submitted on my own behalf

.

In accordance with the Public Guidance for Petitions for the Exemption filed under Section 333, the petitioner Kenneth Ballard Jr , requests exemption f rom the Federal Aviation Regulations
identified to allow for commercial UAS operations of a DJI Phantom 3 Advanced for the purpose of aerial photography, so long as operations are conducted within and under the conditions outlined herein or as may be estab lished by the Federal Aviation Administration (FAA) as required by Section 333.

The requested exemption would permit the operation of the DJI Phantom 3 Advanced is to provide images and or video (either recorded or viewed by via monitor in real time) un der
controlled conditions to provide clients aerial footage of the following: photography of :

a. Real Estate Photography
b. Inspection of Real Estate properties

c. Construction site inspection and monitoring
d. Tower/ structural inspection or imaging

e. Aerial photo/ video of public/ private events
f. Promotional advertising material

g. News media coverage
h. other flight operations that could be performed safely and more cost effectively than a
traditional manned aircraft.

As an additional service to the community

, the UAS can provide aerial video/ photography or provide live video feed to assist with search and rescue operations in cases of an emergency or
natural disaster only when the local authorities or government has requested it by contract or
donation.

To enhance safety, the DJI Phantom 3 Advanced UAS is equipped with automated features
which include takeoff, flight, and landing

. It weighs less than 55 lbs. fully loaded, will beoperated at a speed no more than 30 MPH . It does not carry a pilot, passenger, and it c arries no

explosive materials or flammable liquids . The DJI Phantom 3 Advanced use s a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) requirements and has integrated safety features as described within user manual ( provided ). It’s equipped with redundant safety mechanisms allowing the Phantom to operate safely after experiencing certain in

- flight failures. If a lost

- link event occurs, including the loss of ground communications and /or th e loss of a GPS signal, it has the ability to perform a pre

coordinated, predictable, automated flight maneuver and return to a predetermined location within a designated security parameter for landing. If automatic flight appears unsafe, the PIC
can easil y regain control. The UAS further has the ability to abort a flight in the event of unpredicted obstacles or emergencies.

As described fully below, the requested exemption would permit the operation of the UAS
under controlled conditions in the NAS that would be limited , controlled, predetermined

, and will provide safety enhancements to the already safe operations in the industry presently using
conventional aircraft



### Applicant

Kenneth Ballard Jr. Madison, AL 35756 (305) 394

- 1152 k.l.ballard72@gmail.com



### Regulations from w hich the exemption is requested 14 CFR 21, Subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b)(2) 14 CFR 91.103 (b )(2) 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a)(l) 14 CFR 91.409 (a)(l) & (a)(2) 14 CFR 91.417 (a) & (b)

14 CFR 21, Subpart H

- In consideration of the size, weight, speed, and limited operating area
associated with the UAS and its operation, the petitioner requests relief from 14 CFR part 21,Subpart H, and any associated noise certification and testing requirements of part 36. T he s mall

UAS will not carry a pilot, passenger, explosive materials or flammable liquids.

14 CFR 45.23 (b )

- Even though the UAS will have no airworthiness certificate, an exemption may be needed , g iven the size of the s mall UAS , two

- inch lettering will b e impossible. The s mall UAS registration number currently assigned is FA3M9KYAC3 as a recreational sUAS. A new registration number will be applied for as per 14 CFR 47 Aircraft Registration, for commercial

use , if exemption request is granted , to which tha t registration number will be placed on the
fusel age in compliance with §45.29 where the operator

, visual observer and others working
with the UAS will see the identification

.

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a)

- Since the s UAS cannot carry a pilot or passengers the petitioner Kenneth Ballard Jr requests a relief from these regulations.

- The operator (PIC) Kenneth Ballard Jr (Ret

- US Navy) is a retired military Air Traffic Controller
that is familiar with the NAS, airport operations and communications, airspace designations and limitations, commercial and private aircraft flight procedures and rou te of flight. In addition,
Kenneth Ballard Jr tested and obtained a certificate of completing the US Army BUQ Level

- II (Basic Unmanned Aircraft Systems Level II) Qualification course that meets or exceeds the knowledge requirements of 14 CFR Sub

- Part J 61.309 and 61.31 1 for a FAA Sport Pilot license. As a recreational r/c operator, Kenneth Ballard Jr has at least completed a minimum of 100
hours UAS multi

- rotor copter flight time.

- A visual observer or (VO) will be utilized and required to communicate verbally at all times. The

UAS will be limited to operations within visual distance of both the PIC and VO. All UAS operations will take place in a controlled area. The risks associated with the use of a UAS are far less than similar commercial aircraft operations.

14 CFR 91.7 (a)

- Since the UAS will not carry a pilot or passengers there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard exists for determining airworthiness. Given the size of the aircraft, maintenance, and us e of safety checklist prior to each flight, an equivalent level of safety will be provided. All flights will be in accordance with the safety and maintenance recommendations
found in the DJI Phantom 3 Advanced attachments.

14 CFR 91.9 (b)(2)

- Given the s ize and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at the ground station where the UAS pilot will have immediate access to it.

14 CFR 91.103 (b)(2)

- As no FAA approved flight manuals will be provided for the aircraft an exemption is needed. Alternate procedures including but not limited to reviewing weather
cond itions, checking flight battery requirements, checking takeoff and landing distances along with those found in the attached Training Manuals will be implemented. These actions willprovide an equivalent or higher level of safety. As a safety precaution, th e operator will perform

preflight inspections and ensure UAS is in working condition before initiating each flight.

14 CFR 91.119 (c)

- The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet AGL to a ny person, vessel, vehicle, or structure. Petitioner is requesting exemption from this regulation since, due to the type of services intended, the normal operation of the UAS will be 200 feet AGL and below. To provide an equivalent level of safety, t he UAS will operate in safe areas away from public and traffic and only with permission of the property and structure owners. The UAS will also be restricted by the flight controller t o a maximum vertical height of 3 00 feet AGL, and 1500 feet horizontal.

Given t he size, weight, maneuverability and speed of the UAS , an equivalent or higher level of safety will be achieved.

14 CFR 91.121

- The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conflict with other aircraft. As such, an appropriate altimeter measurement presented to the PIC should be Above Ground Level and
should be based on the digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. The altitude information will be generated by

e quipment installed onboard the UAS, using GPS triangulation, digitally encoded bar ometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC. Since the aircraft will fly no more than 25 minutes, even rapid changes in bar ometric pressure will have limited effect on the safety of the flight.

14 CFR 91.151 (a)

- The UAS has a limited range and will be limited to operations in a controlled environment. The battery power of the UAS provides approximately 20 to 25 minutes of flight

time. T he UAS is unable to meet the 30

- minute reserve requirement and therefore requires an exemption. An equivalent level of safety will be achieved by monitoring the battery through the ground station and landing with a minimum of 30 p ercent battery power remaining during line

of

- sight operations with the UAS

.

14 CFR 91.203 (a) & (b)

- Similar to, 14 CFR91.9 (b) (2), given the size and configuration, the UAS has no ability to carry certificate and registration documents on the aircraft. A n equivalent level of safety will be achieved by keeping these documents, to the extent they are applicable to the UAS, at the ground control point where pilot has immediate access to them

14 CFR 91.405 (a)

, 14 CFR 91.407 (a)(1)

, 14 CFR 91.409 (a)(l) & (a)(2)

, 14 CFR 91.417 (a) & (b)

- As it pertains to maintenance, preventive maintenance, and alterations, the regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with p art 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. The petitioner submits that the operator performs maintenance and inspection of th e aircraft and "be authorized to approve the aircraft for return to service."- The UAS will be maintained IAW DJI’s maintenance, overhaul, replacement, inspection, and life

limit requirements for both the system and related components. Maintenance perform ed by
the operator is limited to repairing small cracks, replacing a propeller, and updating software
and firmware. All other maintenance , alterations, or repair will be performed by the DJI directly

or DJI authorized/ certified personnel

.

- The operator w ill document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the operator can ensure an equivalent level of safety. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristic will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conducted by the operator with a VO and will remain 500 feet from other people.



### Additional Safety standards In addition to the safety standards mentioned above the petitioner, Kenneth Ballard Jr, will adhere to the following additional guidelines:

1. 1. The UAS will not operate within 5 miles of an airport unless prior contac t to Air Traffic
Control or th e Airport M anager has been made.

2. Preflight inspections and protocol will be followed prior to all operations.

3. The UAS will only be piloted within visual line of sight.

4. Flights will not exceed an airspeed of 30 mph

5. Flights will be operated at or below an al titude never exceeding 300 feet AGL. Normal operations will be at 200 feet AGL or below. PIC and VO will ensure UAS remain at least 500
feet horizontally from other people.

6. The PIC and VO will communicate verbally at all times.

7. All oper ations will be condu cted under Visual Meteorological C onditions.

8. UAS operations will only occur between sun rise and sun set. UAS operations will not be conducted during night.

9. All flights will occur over private or controlled areas with the owner’s/ custodian’s consent.

10. The UAS will land with a minimum 30 percent battery reserve remaining.

11. The UAS will utilize an internal flight safety feature that will return to a preprogrammed position and land if communication with the remote control is lost.

12. The UAS will abort flight in t he event of unpredictable obstacles or emergencies.

13. For proficiency, the operator will perform at least 3 take offs and landings within a 60

- day
time frame of the DJI Phantom 3 Advanced . All flights will be recorded in the pilot logbook.

14. All maintenance , repairs, or alterations will be documented in the maintenance logbook.



### Summery Approval of exemptions allowing commercial operations of the UAS by a responsible

, knowledgeable operator will enhance safety to the community and increase awareness of properly flown UAS

, eliminate the risk of collision with aircraft operating in the airspace andaround airports

, and provide jobs to the community. T o acquire footage of structural/ tower/

res idential property inspection

, real e state or construction areas

, at certain heights or via aerial photos by way of traditional methods, manual climbing or piloted aircraft are either:

1. Costly

, and restrictive by traditional piloted manned helicopters or planes

. 2. Of a s afety concern to populated ar eas due to noise, combustible fuels and size of
manned aircraft

3. Time consuming and safety hazard concerning, by requiring person nel to climb and scale structures with use of safety harnesses

4. Services unobtainable at angles and altitude s that a small UAS c an provide.

The services provided by small UASs will increase productivity, open new avenues of opportunity, and narrow risks. The footage collected will provide valuable information to professionals and engineers to enhance their decision making process

, reduce time consuming tasks, and serve as an affordable , efficient alternative that is less of a safety concern to the general public compared to Manned aircraft

.

Thank you,

Kenneth L. Ballard Jr.