1 March 2, 2016 Jonathan Tassey 1815 Hunter’s Point Dr. Apt 22

Arlington, TX 76006 Jonathan.Tassey@faa.gov

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

As pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

, I
, Jonathan Tassey (Petitioner)

, request an exemption for the following sections of Title 14, code of Federal Air Regulations (FAR): 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a)(b).

The petitioner is requesting to conduct operation of small unmanned aircraft system (UAS) in a commercial capacity within federa l air space. Commercial operation would include:

• Aerial Filmmaking and Photography

• Aerial Survey

• Real Estate

• Utility System inspections

• Construction inspections

• Forestry inspections

• Agriculture

• Search and Rescue

• News gathering

I, the petitioner, am an FAA employee as an air traffic control spec ialist at Fort Worth ARTCC (ZFW). I also hold a private pilot certificate (#3677448) and a current valid FAA Class 2 medical certificate. I have well over 200 hours of flying UAS as a hobbyist and I plan to start a small business involving my UAS. I am we ll aware of the rules and regulations regarding UAS in the NAS and I will follow them very carefully. The type and model of UAS systems that I plan to use in my business are the DJI Phantom, DJI Phantom 2, DJI Phantom 3 , and DJI Phantom 4 . Al l four of whic h will be registered with the FAA database, and also fall under the minimum regulations regarding size, weight, and speed.2

Operational relief in the form of a section 333 exception is being requested for the following FAR s :

91. 119(c) As granted in Exempti on 11138. Establish safe altitudes for operations. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2, 000 feet of the aircraft. (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, vehic le, or structure. (d) Helicopters, powered parachutes, and weight

shiftcontrol aircraft. If the operation is conducted without hazard to persons or property on the surface

— (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 altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weightshift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section

91.121 A s granted in Exemption 11138. Mandates each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

(i) The current reported altimeter se tting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

91.151 (a) As granted in Exemption 11136

. Mandates fuel requirements for flight in VFR conditions. (a) 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 fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

91.405(a) As granted in Exemption 11138 . Requires the operator /owners shall have that aircraft inspected as prescribed in subpart E of this part and shall b etween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.

91.407(a)(1) As granted in Exemption 11138

. Prohibits operation after maintenance, preventive
mainten ance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone3

maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under§ 43.7 of this chap ter.

91.409(a)(2) As granted in Exemption 11138 . Requires (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (2) An inspection for the issuance of an air worthiness certificate in accordance with part 21 of this chapter.

91.417(a)(b) As granted in Exemption 11138 . Requires (a) Except for work performed in accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following

reco rds for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100hour, annual, progressive, and other required or approved inspections, as appropriate, for each

a ircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 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 wo rk performed; and

(iii) The signature, and certificate number of the person approving the aircraft 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 rot or.

(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 ins pection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directiv es including, for each, the method of compliance, the AD or safety directive number 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 paragraph (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.4

(2) The records specified in paragraph (a ) ( 2) of this section shall be retained and transferred with the aircraft at t he 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

UAS systems requested to operate under this exemption

– DJI Phantom 1, DJI Phantom 2, DJI Phantom 3, and DJI Phantom 4

.
Specifications:

WEIGHT: 13 80 g (Heaviest of the four requested models)

DIAGONAL SIZE : 590 mm (Largest of the four requested models)

MAX ASCENT SPEED: 6 m/s (Fastest of the four requested models)

MAX DESC ENT SPEED: 4 m/s (Fastest of the four requested models)

MAX SPEED: 20 m/s (Fastest of the four requested models)

Pre

- flight inspection

PIC will perform preflight inspection prior t o each flight. Inspection will follow Preflight check l ist as outlined in the DJI Phantom operator ’ s manual s . Preflight will include but not limited to:

1. Remote controller, intelligent flight batter, and mobile device are fully charged.
2. Propeller s are mounted correctly and firmly
3. Micro

- SD card has been inserted
4. Motors can start and are functioning normal ly
5. Compass is calibrated.

Maintenance

Standard operating procedures (SOP ) related to UAS maintenance will be developed for the aircraft. These procedures will include a complete inspection every 60 minutes of flight time. The inspection will include but not limited to:

1: Verifying Phantom’s screws are tight.
2: Inspe ction over the Phantom’s body.
3: Spin the motors to make sure they move freely, listen out for any abnormal noise. Also run the motors with the propellers off and listed for a sound difference.
4: Inspection of the landing gear and make sure there is no damage to the antennas or compass

.5

Inspection of pads on the bottom and replace if broken/damaged.
5: Inspection the rubber dampers for damage and that they are seated correctly. Verify that the
anti

- drop pins are fitted.
6: Check gimbal movement is OK. Listen for any unusual noise.
7 : Check the VPS (Vision Positioning System ) is clean as dirt could reduce its performance.
8: Check the propellers for cracks and chips as well as wear to the hub

Safety

UAS will be operated by holder of Private Pilot certificate, with current state d river’s license. UAS will be operated with in visual line of site and at altitudes less than 400 AGL. UAS will be operated at speeds less than 40 MPH. Operation of UAS will be at least 100 feet from any persons or property not involved with the operation. A visual observer will be present during operation. The PIC will ensure the VO can perform duties. The PIC and VO will verbally communi cate at all times. The Phantoms are equipped with fail safe m odes in with of low battery, or loss of GPS signal. In t hese situations, the UAS will return to the point of takeoff. The UAS will only fly in VMC conditions and under VFR flight rules

.
Radio Frequency

UAS and associated equipment complies with part 15 of FCC rules.

Public interest

UAS aircraft improve s s afety

, carbon impact and noise levels to the public and environment. Communities and entities will benef it in lower cost solutions to a erial filmmaking and p hotography, aerial survey, pipeline inspection, utility s ystem inspections, construction inspection, forestry inspections, a gri culture, Search and Rescue and n ews gathering s

.

Summary

Surveys and market demand show a significant demand for services that can be provided with a section 333 exemption.

Sincerely,

Jonathan Tassey

Jonathan.tassey@faa.gov