### James John Peterson

2906 Masterson Drive Corpus Christi, Texas 78415 210

- 385

- 8916

Section 333 Exemption and Civil Certificate of W aiver or Authorization (COA) Request

References: FAA Modernization and Reform Act of 2012, Public Law 112

- 95 (P.L. 112

- 95) Section 333 of P.L. 112

- 95, Special Rules for Certain Unm anned Aircraft Systems.

Section 333 grants the Secretary of Transportation authority to determine: 1. If an unmanned aircraft system, as a result of its size, weight, speed, operational cap ability, proximity to airports and populated areas, and operation within visual line of sight does not create a hazard to users of the national airspace system or the public or pose a threat to national security; and 2. W hether a certificate of waiver, ce rtificate of authorization, or airworthiness certification under 49 USC § 44704, is required for the operation of unm anned aircraft system s identified under paragraph (1). Because UAS are aircraft, they are subject to the noise certification and testing

re quirem ents of part 36. However, if a determination is m ade under Section 333 that an airworthiness certificate is not required, noise certification and testing will also not be required for the subject aircraft for the term of the exem ption. W hen the findi ng required by Section 333 cannot be made, the requirem ents of part 36 continue to apply. Because Section 333 provides lim ited relief from certain certifications or authorizations, UAS operators m ust comply w ith all other applicable regulations concerning the operation of aircraft unless otherw ise exem pted by the FAA. UAS operations conducted for purposes other than hobby or recreation are subject to the regulations in 14 CFR. In addition to petitioning for the relief afforded under Section 333, UAS operators must petition for exemption from regulations applicable to the specific circumstances of their operations with which they

believe they

are unable to comply . If a petitioner has any questions with regard to the applicability of Federal Aviation Regulatio ns, s/he is encouraged to discuss with FAA officials prior to submitting an exemption request. Prior to commencing operations, the operator will need to obtain an exemption and a COA from the FAA. More information about the exemption process is available here. Additional guidance for preparing petitions for exemption under Section 333 authority and applying for COAs is provided below. The FAA w ill only grant exem ptions for UAS under the operational control of the petitioner (person or organization).

**Purpo se and Intent of Use**  : I am hereby requesting section 333 exem ptions and civil Certificate of W aiver or Authorization (COA) so that I may operate m y Unm anned Aircraft System (UAS) w ithin the (NAS) in accordance with Local, State and Federal laws. The purpos e and intent of operating m y (UAS) is to generate, for profit, revenue by providing aerial cinem atography, photography and video as allowed/permitted by law which may include, but not limited to, aerial photography/video recording(s) of real estate, huntin gleases, farm land, private property, special events, weddings, fishing charters, fishing

charter events and other applications as requested by custom er(s). Under no circum stance will I intentionally take, acquire, record, reproduce, provide, resale, rele ase and/or m ake public any photography and/or video recordings that violate any Privacy law(s) or any other applicable law(s).

**Description of Use** : The following are detailed descriptions of each intended use/purpose of said photography and video recording s but is not intended to lim it and/or exclude other operational functions/uses. **Aerial Photography/video of hunting leases** : Intent of this service is to offer the property owner an aerial outline of his/her property in order to optim ize the use of said land which m ay help im prove gam e management, habitat and other natural resources. **Aerial Photography/video of real estate** : Intent is to offer custom ers aerial photography/video of their property for the purpose of providing enhanced captions of said property which they may use in advertising/prom otion for the resale of their property. **Aerial Photography/video of Farmland:** The intent is to offer customers aerial photography/video of their land as requested, to assist with agricultural management, insurance c laims and other purposes suited to assist in the overall management/improvement of said land. **Aerial Photography/video of Special Events:** The intent is to offer customers aerial photography/video of their event(s). **Aerial Photography/video of Fishing Char ters:**  The intent is to offer businesses aerial photography/video of their charters so they may use it for advertisement and/or promotional purposes. **Aerial Photography/video of Private Property:** The intent is to offer customers aerial photography/video of their property for purposes such as insurance claims and other uses.

**Other uses:** There are many other opportunities and options pertaining to the use of my (UAS) that may not be outlined herein, in part or in detail, however I feel any and all activity as sociated with the operation, use and capabilities of said (UAS) can be done in a safe, secure, controlled and consistent manner.

**Comment** : I am a freelance photographer that wishes to start m y own business that can offer this considerably exclusive service of aerial cinematography, photography and videos. I understand that there will be lim itations set forth by applicable laws that will prevent me from providing certain services such as recording graduation ceremonies or operating in restricted zones/airspa ce but aside from those exceptions/exclusions and with the granting of my request I am certain I can operate m y (UAS) each and

every tim e in a safe manner that will not place risk to the safety and health of the general public or private property and/or an y aircraft(s), nor violate restricted airspace, and/or designated no

- fly zones. The current limitation(s) for recreational uses of (UAS)’s pertaining to permissible operating requirements is minimal and in general, are not regulated Such operations consid ered as recreational use **do not require**  the operator to hold either an airline transport, commercial, private, recreational, or sport pilot certificate or require the PIC to hold a current FAA airman medical certificate or a valid U.S. driver’s license is sued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. It is for this reason that I request a waiver/exemption of said requirements considering m y basic intent and general operation of my UAS will be p erformed in a safer manner (as outlined in attached documentation), I will perform pre and post flight inspections of m y UAS and any and all repairs will be done only by authorized repair facilities. Additionally, my UAS is one of the more modern versions of UAS’s and has safety features as well as safety applications that allow for safer operation which includes an automatic “return to base” built in contingency application that self activates under certain circumstances. My UAS also was built with improv ed software that provides a safer and more stable platform that far exceeds all it’s previous models.Another notable feature of my Phantom 3 UAS is that it is pre programmed not to enter restricted airspace..... See caption/quote from the DJI website listed below:

“ All unmanned aerial vehicle (UAV) operators must abide by all regulations from organizations such as
the ICAO (International Civil Aviation Organization) and any other applicable airspace regulations in their
area. In order to increase flight safe ty and prevent accidental flights in restricted areas, **DJI has**
**introduced a No Fly Zones feature** to help everyone use their DJI products safely and legally.

These zones include airports worldwide and other areas where flying might pose an unnecessary risk,
including national borders and sensitive institutions.”



### (U **AS ) sy** **stems details** : **UA S: Phantom 3** 

**- Ad**  **vanced Features & Specs**  

### : Included in attached documentation Manufacturer: DJI We bsite: DJI.com

**Noteable Safety Feature** 

### : If for any reason I lose conne ctivity with my UAS or if it exceeds the maximum distance that the signal from my controller can connect with the UAS the pre installed program will automatically return the UAS to the point of take

- off. Additionally, the UAS maintains its signal and physi cal location via GPS in the extremely rare event it needs to be recovered. The UAS also is pre programmed to return to the point of take

- off if the battery level reaches below the pre designed safety level.