1 

### October 2 , 2015

U.S. Department of Transportation
Docket Management 

### System 1200 New Jersey Ave., SE Washington, DC 20590

**Re: Exemption Request under**  **Section 333 of the FAA Reform Act and Part 11 of the**

**Federal** 

### Aviation Regulations

Respectfully, this exemption application will assist the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretar y of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 333 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated area s; and

• Operation of the UAS within visual line of sight of the operator



### .

Reform Act§ 333(a) (1). If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the sa fe operation of such aircraft in the national airspace system." /d. §333(c)

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is def ined under §401 01 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702

- 44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Thank you for your consideration in this matter.



### Name **and Address of Petitioner**

David D. Thomas

205 Katherine Lane Coatesville, PA 19320

Phone: 610

- 380

- 8024

Email: ddtlmt@verizon.net2 I , David D. Thomas, pursuant to the provisions contained within Federal Aviation Regulations (14 C.F.R. 11) and the FAA Modernization and Reform Act of 2012, Section 333, request exemption for the Federal Aviation Regulations (“FAR”) listed below, for the purpose of commercial operation of small unmanned aircraft systems (“UAS ”) in airspace regulated by the Federal Aviation Administration (“FAA”).

**FAR exemption requests:**

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b);

14 CFR 91.7 (a); 14 CFR 91.9 (b) (2) ; 14 CFR 91.103(b); 14 CFR 91.109 1 ; 14 CFR 91.113 (a) and (b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b);

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (a) (2); 14 CFR 417 (a) & (b).

I propose to utilize the DJI Phantom 2 UAS , DJI Phantom 3 Pro fessional UAS and DJI Inspire 1 UAS for commercial aerial photography and aerial videography, providing valuable services for a host of commercial interests, including architectural, archeological, and agricultural purposes, construction sites, real estate , inspection of buildings/properties, infrastructure and geographical research, and surveys, surveys for oil and gas as well as possible search and rescue operations
across the United States.

. Each aircraft noted is buil t in a quadcopter configuration , hav ing four rotors and four motors. Each UAS weighs less than 55 pounds, including payload, and under normal conditions do not exceed a speed of 30 knots. Each described UAS provides a vertical takeoff with the capability to hover and to move in the vertical and horizontal planes simultaneously. Equipped with auto return and GPS functions, each described UAS can return to a predetermined safe landing area and provide reading of magnetic interference that can cause loss of GPS signal. All UAS flights will be li ne of sight and include a pilot in control (PIC) and a visual observer, who are in audible communication with each other.

Use of the above described UASs reduces the need to operate conventional aircraft or deploy survey crews into dangerous areas for the same purpose. The DJI Phantom 2, DJI Phantom 3

Professional and DJI Inspire 1 provide professional photography and videography at a fraction of the cost, time and risk required by conventional aircraft or ground crews. This correlates to improved safety, efficiency, cost effectiveness, productivity, reduced emissions an d lessened environmental impact.

As the file size is too large for uploading with this petition, please see the following URL’s for manufacturer documentation on the DJI Phantom 2 UAS (User Manual, Quick Start Guide,

Release No tes, Safety Guidelines ), DJI Phantom 3 Professional UAS (User Manual, Quick Start Guide, Release Notes , Safety Guidelines) and DJI Inspire 1 UAS (User Manual, Quick Start Guide, Release Notes, Safety Guidelines)

Phant om 2 downloads URL: http://www.dji.com/product/phantom

- 2/download

Phantom 3 Professional downloads URL:3 http://www.dji.com/product/phantom

- 3/download

Inspire 1 downloads URL: http://www.dji.com/product/inspire

- 1/download

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authorit y in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial survey pho tography. Accordingly, the applicant respectfully requests that the FAA, grant the requested exemption without delay.

**Relief sought and why**

14 CFR Part 21 subpart H: The UASs to be operated carries neither pilot nor passenger and carries no explosive materials or flammable liquids. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I request exception. In the restricted environment and under the conditions proposed

, operation will be at least as safe, or safer than a conventional aircraft operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b): Due to the size of the respective UAS it does not have a cockpit, cabin, or pilot station on which to market certain words or phrases. Lettering would be very difficult to place on such a small aircraft and dimensions would need to be smaller than required minimum. I will mark my UASs with the largest possible letters by placing the word "Experimental" or assigned number or name, based on request/ruling of FAA, on UAS fuselage. The equivalent level of safety will be provided by having each UAS marked on its fuselage as required.

14 C.F.R. 61.113 (a) and (b): Private pilots are limited to non

- com mercial operations. I can achieve an equivalent level of safety as achieved by current Regulations as the UASs utilized do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my U AS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the PIC operation of the respective UASs, to operate in a manner that will meet and exceed current safety levels in relation to 14 C.F.R. 61.113 (a) & (b).

As set forth more fully below, an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS, DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain f light

- hour and currency requirements, demonstrating that the PIC is able to safely operate these UAS s in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures.

Further, flights of the UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will

be incidental to any business; and (2) will not carry passengers or proper ty for compensation or

hire.4 14 CFR 91.7 (a) : As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

14 CFR 91.9 (b) (2) : Given the size an d configuration, the UASs have no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry flight

manual. An equivalent level of safety will be maintained by keeping the flight manual at ground

con trol point, immediately available to the pilot.

14 CFR 91.103(b): As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. Normal procedures including but not limited to; reviewing weather, flight battery requirement, landing and takeoff distances, along w ith all of those found i n the Safety Guidelines. An equivalent level of safety will be provided by preflight protocol to properly

match the machine.

14 CFR 91.109: UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety is provided because neither a pilot nor passenger will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b): An equivalent level of safety i s achieved by current regulations because my UASs do not carry pilot nor passenger. While helpful, a pilot ’ s license will not ensure remote control piloting skills.

14 C.F.R. 91.119: Prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UASs will always operate

below the standard of 400 feet above ground level dictated. I will operate my UASs in safe areas away from publi c and traffic, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UASs, an equivalent or higher level of safety will be achieved.

14 CFR 91.121: The UASs may not have a barometric altimeter, but instead they do have a GPS altitude read out. I believe an exemption may be needed. An equivalent level of safety is

achieve d by the operator receiving live flight data

, monitoring and confirming current altitude

a long with altitude of launch site shown on GPS altitude indicator.

14 CFR Section 91.151 (a): 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) Dur ing the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45

minutes.” Since the UAS is not an “airplane”, I believe that an equivalent level of safety can be achieved by limiting flights to a maximum of 30 mi nutes or until the UAS battery power reaches 25%, whichever happens first. This restriction will provide the ability for the UAS to return to its prearranged landing position. Flying at night does not apply to the UAS machines.

14 CFR 91.203 (a) and (b) Similar to, 14 CFR 91.9 (b) (2 ) : G iven the size and configuration, the UAS has no ability to carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately carry or contain such documents. An equi valent5 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 P IC has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b) : Given these section s only apply to aircraft with an airworthiness certificate, theses sections do not apply to this applicant. As a safety precaution, operator will perform preflight inspections and ensure UAS is in working condition b efore initiating each flight.

Public interest

Use of the UAS would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft carrying flammable fuel. Smaller, lighter, and more economical, my UASs will provide both economic advantages and safer methods of operation than historic methods of attaining the same objective.

T he UAS will minimize the risk to persons attempting to climb/navigate structures to ascertain problems or verify structural integrity. UAS provided inspections will also be completed in a more timely fashion, expediting the inspection process thereby reducing cost

. Utilization of a

UAS to obtain photographs and videos as to provide additional safety to the general public in

reg ards to architectural, archeological, and agricultural purposes, construction sites, real estate, inspection of buildings/properties, infrastructure and geographical research, and surveys, surveys for oil and gas and other remotely located structures, ofte n difficult to reach by vehicle or foot, can be assessed more easily, quickly and safely than with traditional methods

.

Compromised geography from “acts of God” or man

- made incidents, often require the
assessment of land and/or facilities. A UAS, operate d by a PIC and a visual observer can provide public benefits where older “manpower” based methods cannot be effectively utilized.

Privacy Issues

There are no privacy issues. Similar to the manned aerial acquisition flight operations that have

been conduc ted for decades, the proposed operation of the UAS will not implicate any privacy issues. Specifically, the respective UAS will be operated only in compliance with operating documents (i.e., Aerial Operations Manual, and UAS Instruction Manuals) which require property owner i nvolvement, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

Reasons Why Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equ al To Existing Rule:

An exemption for this petitioner will not adversely affect safety. Exemptions have been granted for similar reasons. I hope to contribute to the innovation and implementation of new uses

, and safety protocols for architectural, arch eological, and agricultural purposes, construction sites, real estate, inspection of buildings/properties, infrastructure and geographical research, and surveys, surveys for oil and gas as well as possible search and rescue operations.6 • Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA S and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA S , flight operations must cease immediately

and/or;

b. The UAS is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it doe s not present an
undue hazard

and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

• All operations shall be conducted over private or controlled

- access property with permission from the landowner/controller or authorized repre sentative. Permission will be obtained for each flight to be conducted from land owner/controller or authorized representative.

• No PIC will be allowed to operate a UAS unless the PIC demon strates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption. I expect to be the sole operator of the UAS.

• UASs weigh under 3 pounds (for the first 2 listed) and 6.5 pounds, respectively, si gnificantly under the 55 pound maximum weight.

• The operation of UASs will always be below the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012, at speeds not to exceed the permissible 100 miles per

hour.

• The operation of UASs will always be done by line of sight, flown by a PIC and visual observer team that are in audible communication with each other. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the visual observer can perform the functions prescribed in the operating

documents.

• The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.7 • UASs must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

• UASs may not be operated by the PIC from any moving device or vehicle.

• UAS ’ s flights will be completed during day light hours.

• UAS’s flights will always be terminated prior to manufacturer recommended minimum level of battery power.

• UASs are GPS

- controlled and contain a “ return to home ” feature, a flight safety feature whereby the UAS can hover, circle and then land at the predetermined GPS takeoff point if communication with the remote control pilot is lost.

• UASs will only operate in reasonably safe environments that are strictly controlled, away from power lines, elevated lights, airports and actively populated areas.

• Each UAS operate d under this exemption must comply with all manufacturer Safety Bulletins.

• UA S may not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA

- published aeronautical chart unless a letter of agreement with that airport’ s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be

made available to the Administrator upon request.

• Preflight inspections, p er the manufacturer ’ s specifications and protocol, will be done on all operated UASs, assuring the integrity of the respective UAS. The Ground Control Station must be included in the preflight inspection. Any UAS that has undergone maintenance or alterati ons that affect the UAS operation or flight characteristics must undergo a functional test flight.

• The UAS operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request.

• Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be re ported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

**Conclusion**

The petitioner, David D. Thomas seeks an exemption pursuant to 14 C.F.R. § 11.61 and

S ection 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 UAS , DJI Phantom 3 Professional UAS and DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the purpose of conduc ting aerial photography and videography for architectural, archeological, and agricultural purposes, construction sites, real estate, inspection of buildings / properties , infrastructure and geographical8 research, and surveys , surveys for oil and gas as well as possible search and rescue operations
across the United States.

The petitioner, David D. Thomas requests that the Administrator grant this Petition for an exemption from the requirements:

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b);

14 CFR 91.7 (a); 14 CFR 91.9 (b) (2) ; 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.113 (a) and (b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b);

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (a) (2); 14 CFR 417 (a) & (b)

.

Respectfully,

David D. Thomas