Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 1

August 12, 2015 1

U.S. Department of Transportation 2

Airmen and Aerospace Rules Division 3

800 Independence Avenue, SW 4

Washington, DC 20591 5

6

Attention: Brittany Newton, Program Analyst Department 7

8

R E: Section 333 Exemption Request No. FAA 2015

- 1041 9

10

Dear Ms. Newton: 11

T hank you for your patience and letter requesting this new application. N ote that I have 12

reduced the number of aircraft down to one DJI Phantom as detailed in this updated P eti13

tion For Exemption : 14

15

P ursuant to Se ction 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), 16

and 14 C.F.R. Part 11, Petitioner Dennis Taetsch seeks an exemption from the Federal Avia17

tion Regulations (FAR ) requirements of 14 C.F.R. Sections 61.113 (a) & (b), 91.7 (a), 91.121

, 18

91.151 (b), 91.405 (a), 91.407 (a) (1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b), to allow 19

operation of a Small Unmanned Aircraft System (UAS) commercially in ai rspace regulated by 20

the Federal Aviation Administration (FAA) so long as such operations are condu cted with 21

and under the conditions outlined herein or as may be established by the FAA as required by 22

Section 333. 23

Introduction and Interests 24

25

The req uested exemption would permit Petitioner to continue maintaining viable aerial 26

photography, video and data acquisition services using Unmanned Aerial Systems (UAS) in 27

Real Estate, Marketing, Surveying, Inspections

. 28

29

The objective of this Petition is to extend the scope and quality of my 25 year commercial 30

aerial photography services to past and future clients with faster, cheaper, more safely ac31

quired, high quality imaging for a variety of commercial, residential and public uses. The 32

lower operating costs of UAS will, in addition, allow me to pr ovide these services free to 33

n on

- profit 503(c) organizations. 34

35

All UAS flights will occur over private or controlled access property and will do so with the 36

property owner or property owner’s representative knowledge and that only people who 37

have consented or otherwise agreed in advance in the area where UAS operation will take 38

place. 39Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 2

Background Unmanned Aircraft Systems (UAS) 40

41

UAS are often considered superior to manned aircraft as aerial image gathering platform s 42

due to the aircraft equipment p hysical size and reduced costs , reduced noise and as such, a 43

much smaller and quieter environmental impact which promotes public safety. 44

Dennis Taetsch is petitioning for an exemption to operate a UAS with built

- in stabilized HD 45

cameras and GPS safety features which assist in limiting the height it flies above ground level 46

(AGL), to limit the radius of the distance it flies from the PIC and to exclude it from operations 47

w ithin designated Class B, C, D and other protected airspace (e.g. NO TAMS, TFR, etc). 48

49

UAS is a Vertical Takeoff and Landing (VTOL) Small Unmanned Aircraft System with a Ground 50

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 51

Professional UAS has a maximum gross weight, including payload, less than t h ree (3 ) pounds, 52

while having a diameter of 2 4 inches and a maximum speed of approximately 2 0 knots and is 53

equipped with multiple rotors, driven by Lithium Polymer battery powered electric motors. 54

55

The UAS described in this petition has a failsafe function which is triggered in the event com56

munication is lost between the UAS and the GCS. At that time, the UAS will return to its point 57

of takeoff and land safety. If the connection is restored, the PIC can regain control of flight 58

and land

. 59

60

The D JI Phantom3 operated by Dennis Taetsch will be registered in accordance with 49 U.S.C. 61

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked 62

in accordance with 14 C.F.R. Part 45, Identification and Registration Marking or NPRM FAA 63

accordance. 64

65

Basis For Petition 66

Petitioner, pursuant to the provisions of the Federal Aviation Regulations 14 C.F.R. 11.61 67

and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for 68

Certain U nmanned Aircraft Systems, her eby petitions the Administrator to commercially op69

erate the UAS in the National Airspace System (NAS), and for an exemption from the re70

quirements of 14 C.F.R . 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ), 71

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 72

In consideration of the speed, size and limited operating area associated with the unmanned 73

aircraft and its operation, Dennis Taetsch’s operation of UAS meets the conditio ns of FMRA 74

Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 75

C.F.R. Part 21, Subpart H. 76Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 3

Accordingly, Dennis Taetsch requests relief from Sections 91.405(a), 91.407(a) (1), 91.409(a) 77

(1) & (a) (2), and 91.417(a) & (b), as these sections set forth requirements for maintenance 78

that only apply to aircraft with an airworthiness certificate. 79

Dennis Taetsch submits that the requested relief is proper since an equivalent level of safety 80

will be ensured. Dennis Taetsch, a US Air Force electronics technician, lifelong “ ham ” radio 81

operator (N8DMV) and model aircraft hobb yist will oversee and be responsible for the expe82

rienc ed personnel or technicians who perform the maintenance, alterations, or preventive 83

maintenance on the UAS using the methods, techniques, and practices pre scribed in the op84

erating documents (i.e., Monthly Maintenance Log, and appr opriate to the DJI Phantom 3 85

Operations or User Manual ). Furthermore, Dennis Taetsch will be responsible for the docu86

mentation and safe

- keeping of all m aintenance records for the UAS. 87

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 88

and limitations: Pilot in command, is requested by Dennis Taetsch to the extent necessary to 89

allow a Pilot in Command (PIC) holding a sport pilot or higher level certific ate, as well as an 90

airman medical certificate or U. S. driver’s license who has demonstrated, by meeting mini91

mum flight

- hour and currency requirements, that the PIC is able to safely operate the UAS in 92

a manner consistent with this exemption, including evasive and emergency maneuvers and 93

maintaining appropriate distances from people, vessels, vehicles and structures. 94

95

Dennis Tae tsch seeks relief from Section 91.7(a), entitled civil aircraft airworthiness, because 96

the UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 97

Subpart H. As such, this Petitioner submits that he will ensure that the UAS is in an airworthy 98

condition, prior to every flight, by determining that the UAS is in complianc e with the oper99

ating documents. 100

Dennis Taetsch also seeks an exemption from the requirements of Section 91.121, entitled 101

Altimeter Settings, as the UAS will not have a typical barometric altimeter onboard. Howev102

er, altitude information of the UAS will be provided to the PIC via Global Positioning System 103

(GPS) equipment and radio communications telemetry data link, which downlinks from the 104

UA to the GCS for active monitoring of the flight path. This altitude information, combined 105

with Dennis Taetsch’s operation of the UAS within visual line of sight, at or below 400 feet 106

AGL, will ensure a level of safety equivalent to Section 91.121. 107

Additionally, Dennis Taetsch seeks an exemption from the requirements of Section 108

91.151(b), entitled Fuel requirements for flight in VFR conditions. Petitioner submits that 109

safety will not be affe cted by operation of the UAS during daylight hours in visual meteoro110

logical conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for 111

a tota l duration of approximately 18 minutes ( for safety, 20 % less than the 23 minute max112

imum flight time advertised by the DJI Phantom 3 Prof essional manufacturer ) to the first 113

point of intended landing and, a ssuming normal cruising speed, to fly after that for at least 114

4 .5 minutes. 115Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 4

In accordance with 14 C.F.R. § 11.81, Dennis Taetsch provides the following information in 116

support of this petition for exemption: 117

118

Name, Address, Contact Info of Petitioner : 119

120

Dennis Taetsch 121

8345 Bent Pine Drive 122

Lake Ann, Michigan 49650 123

Phone: (231) 640

- 2139 124

Email: airsho3d@gmail.com 125

126

Specific Sections of 14 C.F.R. From Which Petitioner Seeks Exemption. 127

128

Petitioner Seeks Exemption from the Requirements of Section 61.113(a) and (b). 129

130

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsec131

tions and (b) prescribe the following, in relevant part: 132

133

No person who holds a private pilot certificate may act as a pilot in command (PIC) of an air134

craft t hat is carrying passengers or property for compensation or hire; nor may that person, 135

for compensation or hire, act as PIC of an aircraft. A private pilot may, for compensation or 136

hire, act as PIC of an aircraft in connection with any business or employment if

- t he flight is 137

only incidental to that business or employment; and t he aircraft does not carry pa ssengers 138

or property for compensation or hire. 139

140

Petitioner Seeks Exemption from the Requirements of Section 91.7(a). 141

142

Section 91.7, entitled Civil Aircraft Airworthiness, subsection (a), states the following: (a) No 143

person may operate a civil aircraft unless it is in an airworthy condition. 144

145

Petitioner Seeks Exemption from the Requirements of Section 91.121. 146

147

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 148Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 5

Each person ope rating an aircraft shall maintain the cruising altitude or flight level of that 149

aircraft, as the case may be, by reference to an altimeter that is set, when operating: 150

151

Below 18,000 feet MSL, to 152

153

The current reported altimeter setting of a station along the route and within 100 nautical 154

miles of the aircraft; 155

156

If there is no station within the area prescribed in paragraph (a)(1) of this section, the cur157

rent reported altimeter setting of an appropri ate available station; or In the case of an air158

craft not equipped with a radio, the elevation of the departure airport or an appropriate al159

timeter setting available before departure. 160

161

Petitioner Seeks Exemption from the Requirements of Section 91.151(b). 162

163

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states 164

the following: 165

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 166

wind and forecast weather conditions) there is enough fuel to fly to the first point of in167

tended landing and, assuming normal cruising speed, to fly after that for at least 20 168

minutes. 169

170

Petitioner Seeks Exemption from the Requirement of Sectio n 91.405(a). 171

| 172

Sectio n 91.405, entitled Maintenance R equired, subsection (a), states the following: Each 173

owner or operator of an aircraft

— 174

Shall have that aircraft inspected as prescribed in subpart E of this part and shall between 175

required inspections, except as provided in paragraph (c) of this section, have discrepan176

cies repaired as prescribed in part 43 of this chapter. 177

178

Petitioner Seeks Exemption from the Requirements of Section 91.407(a) (1) 179

180

Section 91.407, entit led Operation after maintenance, preventive maintenance, rebuild181

ing, or alteration, subsection (a) (1), states the following: 182Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 6

No person may operate any aircraft that has undergone maintenance, preventive 183

maintenance, rebuilding, or alteration unless

- 184

185

It has been approved for return to service by a person authorized under § 43.7 186

of this chapter. 187

188

Petitioner Seeks Exemption from the Requirements of Sections 91.409(a) (1) and 189

91.409(a ) ( 2) 190

191

Section 91.409, entitled Inspections, subsection (a), states the f ollowing: 192

Except as provided in paragraph (c) of this section, no person may operate an aircraft 193

unless, within the preceding 12 calendar months, it has had

-- 194

195

An annual inspection in accordance with part 43 of this chapter and has been approved for 196

return to service by a person authorized by § 43.7 of this chapter; or 197

198

An inspection for the issuance of an airworthiness certificate in accordance with part 21 199

of this chapter. 200

201

Petitioner Seeks Exemption from the Requirements of Sections 91.417(a) and 202

91.417(b). 203

204

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 205

Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner 206

or operator shall keep the following records for the periods specified in paragraph (b) of this 207

section: 208

209

Records of the maintenance, preventive maintenance, and alteration and records of the 210

100

- hour, annual, progressive, and other requir ed or approved inspections, as appro211

priate, for each aircraft (including the airframe) and each engine, propeller, rotor, and 212

appliance of an aircraft. 213

The records must include: 214

(i) A description (or reference to data acceptable to the Administrator) of the work per215

formed; and 216

The date of completion of the work performed; and t he signature, and certificate number 217

of the person approving the aircraft for return to service. 218

219Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 7

Records containing the following information: 220

221

The total time in service of the airframe, each engine, each propeller, and each rotor. 222

223

The current status of life

- limited parts of each airframe, engine, propeller, rotor, and 224

appliance. 225

226

The time since last overhaul of all items installed on the aircraft which are required to be 227

overhauled on a specified time basis. 228

229

The current inspection status of the aircraft, including the time since the last inspection 230

required by the inspection progr am under which the aircraft and its appliances are main231

tained. 232

233

The current status of applicable airworthiness directives (AD) and safety directives including, 234

for each, the method of compliance, the AD or safety directive number and revision date. If 235

the AD or safety directive involves recurring action, the time and date when the next action 236

is required. 237

238

Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 239

airframe and currently installed engines, rotors, propellers, and appliances. 240

241

The owner or operator shall retain the following records for the periods prescribed: 242

243

The records specified in paragraph (a)(1) of this section shall be reta ined until the work is 244

repeated or superseded by other work or for 1 year after the work is performed. 245

246

The records specified in paragraph (a) (2) of this section shall be retained and transferred 247

with the aircraft at the time the aircraft is sold. 248

249

A list of defects furnished to a registered owner or operator under § 43.11 of this chapter 250

shall be retained until the defects are repaired and the aircraft is approved for return to 251

service. 252

253

The Extent of Relief and the Reason Petitioner Seeks the Relief. 254

255

Petitioner Seeks Relief From Section 61.113(a) and (b) Private Pilot Privileges and Limita256

tions

, 257

Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will 258

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 259

safety of current oper ations by requiring the PIC operating the aircraft to have a “ sport pilot 260Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 8

license ” (which has been the case with the most recent Section 333 exemption approvals ) ra261

ther than a commercial pilot’s license to operate small UAS. Unlike a conventional aircraft that 262

carries the pilot and passengers, the UAS is remotely controlled with n o living thing on board. 263

264

Petitioner Seeks Exemption from Requirements of Section 91.119 (c) and (d) 265

266

Section 91.119 establishes safe altitudes fo r operation of civil aircraft. 267

Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, 268

provided the person operating the helicopter complies with any route or altitudes prescribed 269

for helicopters by the FAA. Section 91.119 (c) allows “ Over other than congested areas. An 270

altitude of 500 feet above the surface, except over open w ater or sparsely populated areas. 271

In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, 272

vehicle, or structure.” 273

Petitioner seeks the requested relief because of the lack of flammable fuel, any risk associ274

ated with UAS operations is far less than those presently presented with conventional air275

craft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will 276

ensure separation b etween UAS operations and the operations of conventional aircraft that 277

must comply with Section 91.119 278

279

280

Extent of Relief and the Reason Petitioner Seeks Relief from Section 91.7(a). 281

282

Civil Aircraft Airworthiness 283

284

As there will be no airworthiness certificate issued for UAS, and no FAA regulatory standard 285

will exist for determining airworthiness of the UAS, the requirements contained in the manu286

facturer’s manuals and the restrictions already agreed to will provide a n equivalent level of 287

safety. Furthermore, the UAS listed in this ex emption request (DJI Phantom 3 Professional) 288

has previously been granted exemptions. Therefore, this Section 333 exemption petition 289

should not be required to have an airworthiness certific ate based upon the FAA’s previous 290

determinations. 291

292

Extent of Relief and the Reason Petitioner Seeks Relief from Section 91.121. 293

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight opera294

tions of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 295

communications telemetry data link to downlink altitude information from the UAS to the PIC 296

at the ground control station (GCS). Since the FAA requires that any a ltitude information 297

concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 298Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 9

(AGL), Dennis Taetsch seeks the requested relief because the UAS altimeter may be set on 299

the ground to zero feet AGL, rather than the local barometric pressure or field altitude, be300

fore each flight. 301

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 302

sought to the extent necessary to comply with the applicable conditions and limitations 303

stated below. As more fully set forth herein, an equivalent level of safety will be maintained 304

since the UAS is equipped with a barometric pressure sensor and GPS equipment, which au305

tomatically ensures that a ground level pressure setting will be established prior to ea ch 306

flight, and provides the PIC with altitude information of the UAS on the heads

- up display of 307

the GCS. 308

309

Extent of Relief and the Reason Petitioner Seeks Relief from Section 91.151(a) 310

311

Fuel Requirements for Fl ight in VFR Conditions Section 312

91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 313

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 314

first point of intended landing, and, assuming normal cruising spee d

- (1) During the day, to fly 315

after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 316

Dennis Taetsch believes that an equivalent level of safety can be achieved by restricting oper317

ations to “ the intended operation and to operate after that for at least five minutes or with 318

the reserve power recommended by the manufacturer if greater.” Exemption # 11284, at 319

page 5. 320

321

Extent of Relief and the Reason Petitioner Seeks Relief from Sections 91.405(a)

, 322

91.407(a) (1), 91.409(a) (1) & (a) (2), and 91.417(a) & (b). 323

324

Since Title 14 Code of Federal Regulations (CFR 14) Sections 91.405(a), 91.407(a)(1), 325

91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certif326

icate, Dennis Taetsch requests relief from these Sections because UAS does not require air327

worthiness certificates. As set forth more fully below, the UAS meets the conditions of FMRA 328

Section 333 for operation wi thout an airworthiness certificate. Accordingly, Petitioner will 329

use trained technicians to perform maintenance, alterations, or preventive maintenance on 330

the UAS using the methods, techniques, and practices prescribed in the UAS operating 331

documents ( i.e., DJI Phantom 3 Professional User Manual , Monthly Maintenance Log). Fur332

thermore, Dennis Taetsch will document and maintain all maintenance records for the UAS. 333

334Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 10

The Reasons Why Granting Dennis Taetsch ’ s Request Would Be In The Public In335

terest; That Is, How It Would B enefit The Public As A Whole

. 336

337

Granting the present Petition will further the public interest by allowing Dennis Taetsch to 338

safely, efficiently, and economically perform aerial video and photography over certain are339

as of the United States, providing high quality imaging for a variety of commercial, public, 340

residential and public service uses

. 341

Additionally, use of the UAS will decrease congestion of the NAS

, reduce pollution, and pro342

vide significant benefits to the economy. Notably, the benefits of Dennis Taetsch‘s proposed 343

operation of the UAS will be realized without implicating any privacy issues. 344

Experienced pilots u nderstand the complexities of the problem s surrounding the introduc345

tion of U AS into the NAS and believe we can help promote the idea by setting better exam346

ples than what the public has been w itnessing with increasing regularity on the web , TV, 347

maga z ines, newspapers

. 348

349

The Public Will Benefit from Decreased Congestion of the NAS. 350

351

The UAS is battery powered and serve s as a safe, efficient, and economical alternative to the 352

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of 353

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 354

UAS would reduce the amount of manned aircraft in the NAS, reducing noise and air pollu355

tion, as well as increase the safety of life and property in the air and on the ground. 356

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 357

around airports caused by arri ving and departing aircraft will be reduced. The UAS does not 358

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 359

aerial video and photography missions would result in fewer aircraft communications that 360

may now be handled by air traffic control during the ground, takeoff, departure, arrival, and 361

landing phases of flight operations. 362

363

The Public Will Benefit from the Safety and Efficiency of the UAS. 364

365

Conducting aerial imaging and data gathering with the UA S, instead of manned aircraft, will 366

greatly benefit the public by drastically reducing the levels of air and noise pollution gener367

ated during traditional (manned) aerial imaging and data gathering flight operations. By us368

ing battery power and relatively ti ny electric motors, UAS produce no air pollution, and is 369

the most viable environmentally conscious alternative to internal combustion engine air370

craft that are typically utilized for aerial video and photography, while burning approxi- 371Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 11

mately 10

- 20 gallons per hour of leaded aviation fuel. The UAS, while reducing the carbon 372

footprint of older traditional aerial acquisitions, also eliminates noise pollution, as the UAS 373

is propelled by battery powered electric motors, rather than a n internal combustion engine. 374

375

By using the UAS to perform aerial acquisitions, the substantial risk to life and property in 376

the air and on the ground, which is usually associated with traditional manned aircraft flight 377

operations, will be substantially re duced or completely eliminated. Aside from the lack of 378

flight crew members located onboard the aircraft, the relatively small size of th e UAS listed 379

in this exemption request (DJI Phantom 3 Professional), weighs 2.8 pounds at the maximum 380

gross weight with a diameter of 24 inches, and with no fuel on board), has less physical po381

tential for collateral damage to life and property on the ground, and in the air, compared 382

to the manned aircraft that typically conduct similar operations. 383

384

Performing Aerial Video and Photograph y Operations with the UAS will b enefit the 385

Economy. 386

387

In addition to being safe and efficient, the UAS is also an economical alternative to using 388

manned aircraft to conduct similar aerial operations. As such, operation of the UAS will allow 389

United States based individuals, like Dennis Taetsch, to remain competitive and contribute 390

to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Envi391

ronmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 392

U.S. owned and operated companies must adopt new and alternative technology in order to 393

remain competitive. Operating the battery powered UAS, is one such technology that not 394

only allows companies greater operat ional flexibility compared to manned aircraft, but pro395

vides such flexibility without the high operational cost of a traditional manned aircraft. 396

By operating the UAS, individuals such as Dennis Taetsch, can remain competitive and prof397

itable, and therefore, provide greater job stability to employees and contractors, which will 398

ultimately contribute to growth of the U.S. economy. Improved financial performance of 399

U.S. companies, through commercial use of th e UAS, provides a stable workforce that in400

creases consumer spending; improves local, state, and federal tax revenues; and allows 401

companies to invest in research and development in order to remain competitive both in 402

the United States and abroad. 403

There Are No Privacy Issues. 404

405

Similar to the manned aerial acquisition flight operations that have been conducted for 406

decades, Dennis Taetsch’s proposed operation of the UAS will not implicate any privacy is407

sues. Specifically, the UAS will be operated only in compliance wit h advance approval

, which 408

requires property owner involvement as well as local law enforcement notification, and in 409

accordance with the Federal Aviation Regulations, including the minimum altitude require410

ments of 14 C.F.R. § 91.119. 411Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 12

Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 412

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule 413

From Which Dennis Taetsch Seeks Exemption. 414

415

416

Reason Why the D JI Phantom 3 Professional Meet s the Conditions of the FAA Mod417

ernization and Reform Act of 2012 (FMRA) Section 333. 418

419

In consideration of the relatively small size, weight, speed, and limited operating area 420

associated with this Section 333 exemption request , Dennis Taetsch’s operation of the 421

UAS listed in this Petition meet the conditions of FMRA Section 333, and will not re422

quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 423

Section 33 3 provides authority for a UAS to operate without airworthiness certifica424

tion and sets forth requirements for considering whether a UAS will create a hazard to 425

users of the NAS or the public, or otherwise pose a threat to national security. Specifi426

cally, F MRA Section 333 states the following, in part: 427

428

In General

- Notwithstanding any other requirement of this subtitle, and not later than 180 429

days after the date of enactment of this Act, the Secretary of Transportation shall deter430

mine if certain unmanned aircraft systems may operate safely in the national airspace sys431

tem before completion of the plan and rulemaking required by section 332 o f this Act or 432

the guidance required by section 334 of this Act. 433

434

Assessment of Unmanned Aircraft Systems. 435

In making the determination under subsection (a), the Secr etary shall determine, 436

at a mi n i mum: 437

w hich types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 438

operationa l capability, proximity to airports and populated areas, and operation within visu439

al line of sight do not create a hazard to users of the national airspace system or the public 440

or pose a threat to national security; and whether a certificate of waiver, certificate of au441

thorization, or airworthiness certification under section 44704 of title 49, United States 442

Code, is required for the operation of unmanned air craft systems identified under para443

graph (1). 444

445

Requirements for Safe Operation. 446

447

If the Secretary determines under this section that certain unmanned aircraft systems may 448

operate safely in the national airspace system, the Secretary shall establish require ments for 449

the safe operation of such aircraft systems in the national airspace system. 450Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 13

In seeking this exemption, Dennis Taetsch submits that the UAS can operate safely in the 451

NAS pursuant to FMRA Section 333, as demonstrated by: (a) t he characteristics of the 452

UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. 453

454

The Specifications Of The UAS Demonstrate Its Safe Characteristics. 455

456

Operated properly by a trained, tested, licensed and responsible pilot UAS does not create a 457

hazard to users of the NAS or the public, or otherwise pose a threat to national security 458

considering its size, weight, speed, and operational capability. 459

460

Technic al Specifications of the UAS. 461

The technical specifications of the UAS aircraft in this exemption request (DJI Phantom 3 462

Professional ) are set forth by the User Manual attached to this document

. 463

464

T he UAS a utonomo us f light a nd n avigation m odes e nable t he UAS t o r emain w ithin a d e465

fined o perational a rea. 466

467

The UAS may be operated in both manual and fully autonomous flight modes. A complete 468

description of the flight and navigational modes o f the UAS is provided in the User Manu469

al

. 470

471

The UAS is designed for Automatic Return to Home Point or Hover In The event Of Loss of 472

the Control Link or Navigation. 473

When the Control Link is lost, the UAS will remain stationary, in flight, for 3 seconds or more. 474

If, after 3 seconds, the UAS does not reacquire control link data from the GCS, the UAS will 475

assume that the Control Link is lost and the UAS will return to the home position (i.e., failsafe 476

mode) via GPS, and will descend to the tak eoff position and shutdown. 477

A complete description of the Failsafe Functions of the UAS are set forth in the User Manual

. 478

The UAS GCS (Ground Control Station) and Its Operation. 479

480

A complete description of the operation and specifications of the UAS GCS and flight control 481

software is provided in the DJI Phantom 3 Professional User Manual

. 482

483Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 14

Flight Operations of UAS Are Limited to the Line Of Sight of a Certificated Pilot in Com484

mand with a Visual Observer. 485

486

There will at all times be a minimally licensed “Sport Pilot” PIC (pilot

- in

- command) of the 487

UAS. Additionally, a Visual Observer will assist the PIC during flight time. 488

489

Flights Of UAS Will Be Conducted Pursuant To Specific Operating Limitations. 490

491

In seeking this exemption, Dennis Taetsch proposes to commercially operate UAS for the 492

special purpose of conducting aerial video and photography over certain areas of United 493

States, pursuant to the following specific operating limitations: 494

Operations authorized by this grant of exemption will be limited to the D JI Phantom 3 495

Professional . Proposed operations of any other aircraft will require a new petition or 496

a petition to amend this grant. 497

498

UAS operations under this exemption to be limited to conducting operations for the 499

purpose of aerial video and photography. 500

501

The UAS will not be flown at an indicated airspeed exceeding 20 knots. 502

The UAS to b e operated at an altitude of no more than 400 fee t above ground level 503

(AGL), as indicated by the procedures specified in the operating documents unless a 504

special request is made and approved by ATC. All altitudes reported to ATC must be in 505

feet AGL. 506

The UAS to be operated within visual line of sight (VLOS) of the PIC at all times. This re507

quires the PIC to be able to use human vision unaided by any device other than correc508

tive lenses, as specified on the PIC’s airman medical c ertificate or driver’s lic ense. 509

510

The use of first person view (FPV) by the PIC or Visual Observer (VO) is not permitted. 511

512

All operations will utilize a Visual O bserver (VO). The UAS will be operated within the visual 513

line of sight (VLOS) of the PIC and VO at all times. The V O may be used to satisfy the VLOS 514

requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able 515

to communicate verbally at all times; electronic messaging or texting is not permitted during 516

flight operations. The PIC must be designated before the flight and cannot transfer his or her 517

designation for the duration of the flight. The PIC will ensure that the VO can perform the 518

duties required of the VO. 519

520

The operating documents and the grant of exemption must be acces sible during UAS opera521

tions and made available to the Administrator upon request. If a discrepancy exists between 522

the conditions and limitations contained in the grant of exemption and the procedures out- 523Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 15

lined in the operating documents, the conditions and limitations contained in the grant of 524

exemption take precedence and must be followed. Otherwise, the operator must follow the 525

procedures as outlined in its operating documents. The operator may update or revise the 526

operating documents. It is the operator’s responsibility to track such revisions and present 527

updated and revised documents to the Administrator upon request. The operator must also 528

present updated and revised documents if it petitions for extension or amendment to the 529

grant of exemption. If the operator determines that any update or revision would affect the 530

basis upon which the FAA granted the exemption, then the operator must petition for 531

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be 532

contacted if questions arise regarding updates or revisions to the operating documents. 533

Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe 534

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 535

aircraft is prohibited from operating until the necessary maintenance has been performed 536

and the UAS is found to be in a condition for safe flight. The Groun d Control Station must 537

be included in the preflight inspection. All maintenance and alterations must be properly 538

documented in the aircraft records. Any UAS that has undergone maintenance or altera539

tions that affect the UAS operation or flight characteristi cs, e.g. replacement of a flight 540

critical component, must undergo a functional test flight. The PIC who conducts the func541

tional test flight must make an entry in the aircraft records (logs). 542

The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable com543

ponents, items, or equipment, not already covered in the relevant sections of the operating 544

documents. 545

546

The operator must follow the UAS manufacturer’s aircraft/comp onent, maintenance, 547

overhaul, replacement, inspection, and life limit requirements. 548

549

Prior to each flight, the PIC must conduct a pre

- flight (check list) inspection and de550

termine the UAS is in a condition for safe flight. The pre

- flight inspection must ac551

co unt for all potential discrepancies, e.g., inoperable components, items, or equip552

ment. If the inspection reveals a condition that affects the safe operation of the UAS, 553

the aircraft is prohibited from operating until the necessary maintenance has been 554

perf ormed and the UAS is found to be in a condition for safe flight. 555

556

The operator must follow the UAS manufacturer’s maintenance, overhaul, replace557

ment, inspection, and life limit requirements for the aircraft and aircraft components. 558

559

The authorized person m ust make an entry in the aircraft record of the corrective ac560

tion taken against discrepancies discovered between inspections. 561

562

Under this grant of exemption, a PIC must hold either an airline transport, commercial, 563

private, recreational, or sport pilot cer tificate. The PIC must also hold a current FAA 564

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 565Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 16

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC 566

must also meet the flight rev iew requirements specified in 14 CFR § 61.56 in an aircraft 567

in which the PIC is rated on his or her pilot certificate. 568

569

The operator may not permit any PIC to operate UAS under this exemption unl ess the 570

PIC demonstrates the ability to safely operate the UAS in a manner consistent with how 571

the UAS will be operated under this exemption, including evasive and emergency ma572

neuvers and maintaining appropriate distances from persons, vessels, vehicles an d 573

structures. PIC qualification flight hours and currency must be logged in a manner con574

sistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs 575

and VOs (training, proficiency, and experience

- building) and determining the PI C’s abil576

ity to safely operate the UAS in a manner consistent with how the UAS will be operated 577

under this exemption are permitted under the terms of this exemption. However, 578

training operations may only be conducted during dedicated training sessions. Duri ng 579

training, proficiency, and experience

- building flights, all persons not essential for flight 580

operations are considered nonparticipants, and the PIC must operate the UA with ap581

propriate distance from nonparticipants in accordance with 14 CFR § 91.119. 582

583

U AS operations may not be conducted a t night, as defined in 14 C.F.R

. § 6 1.110

. All oper584

ations must be conducted under visual meteorological conditions (VMC). If flight at night is 585

required, a special request will be made at the FAA office closest to propo sed area of oper586

ations. Flights under special visual flight rules (SVFR) are not authorized. 587

588

The UAS may not operate within 5 nautical miles of an airport reference point as denoted 589

on a current FAA

- published aeronautical chart unless a letter of agreemen t with that air590

port’s management is obtained, and the operation is conducted in accordance with a NO591

TAM as required by the operator’s COA. The letter of agreement with the airport manage592

ment must be made available to the Administrator upon request. 593

594

The UA S may not be operated less than 500 feet below or less than 2,000 feet horizontally 595

from a cloud or when visibility is less than 3 statute miles from the PIC. 596

597

If the UAS loses communications or loses its GPS signal, it must return to a pre

- determined 598

location within the planned operating area and land or be recovered in accordance with the 599

operating documents. 600

601

The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 602

accordance with the operating documents. 603

604

The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 605

conditions) there is enough power to fly at normal cruising speed to the intended landing 606

point and land the UAS with 25% battery power remaining

. 607

608Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 17

The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 609

Authorization (COA) prior to conducting any operations under the grant of exemption

, (except 610

when a ‘blanket’ 200

- foot COA is issued under new FAA policy

. This COA will also require the 611

operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not 612

less than 48 hours prior to the operation. All operations shall be conducted in accordance 613

with airspace requirements in the ATO iss ued COA including class of airspace, altitude level 614

and potential transponder requirements. 615

616

All aircraft operated in accordance with the exemption must be identified by serial number, 617

registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) mark618

ings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practica619

ble. 620

621

Before conducting operations, the radio frequency spectrum used for operation and control 622

of the UA must comply with the Federal Communications Commission (FCC) or other ap623

propriate government oversight agency requirements. 624

625

The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 626

the Ground Control Station of the UAS any time the UAS is operating. These documents must 627

be made available to the Administrator or any law enforcement official upon request. 628

629

The UAS must remain clear and yield the right of way to all manned aviation operations 630

and activities at all times. 631

632

The UAS may n ot be operated by the PIC from any moving device or vehicle. 633

All operations shall be conducted over private or controlled

- access property with permis634

sion from the land owner/co ntroller or authorized representative. Permission from land 635

owner/ controller or authorized representative will be obtained for each flight to be con636

ducted. 637

638

Any incident, accident, or flight operation that transgresses the lateral or vertical bounda639

ries o f the operational area as defined by the applicable COA must be reported to the FAA’s 640

UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National 641

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 642

www.ntsb.gov 643

644

Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) 645

Would Not Adversely Affect Safety. 646

647

Dennis Taetsch submits that the equ ivalent level of safety established by Section 61.113(a) 648

and (b) will be maintained because no PIC will be allowed to operate the UAS unless that PIC 649

has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC 650Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 18

is able to safely operate the UAS in a manner consistent with the exemption, including evasive 651

and emergency maneuvers and maintaining appropriate distances from people, vessels, vehi652

cles and structures. 653

The D JI Phantom 3 in this request has been the subject of multiple Grants of Exemption from 654

Section 61.113( a) and (b) . Additionally, the FAA has recently granted relief from Section 655

61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those 656

presented herei n (e.g. Exemption Nos. 12386, 12382, 12388, 12389, 12391, 12398, 12403, 657

12392, 12393, 12394, 12395, 12346, 12347, 12350, 12352, 12354, 12355, 12366, 12364, 658

12372, 12374, 12377, 12378, 12379 659

Specifically, the PIC must have accumulated and logged, in a manne r consistent with 14 660

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours 661

of those hours as a UAS pilot operating the same make and model of UAS to be used for op662

erations under the exemption). In addition to the ho ur requirements, the PIC must accom663

plish 3 takeoffs and landings in the preceding 90 days for currency purposes. 664

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was i 665

n compliance with applicable regulations will ensure an equivalent level of safety during 666

Dennis Taetsch’s proposed operations. The Administrator has held that prior documented 667

flight experience that was obtained in compliance with applicable regulations would ensure 668

safe operations, stating as follows: 669

670

In Exemption No. 11062, the FAA required that prior to conducting operations for the pur671

pose of motion picture filming (or similar operations), the PIC must have accumulated and 672

logged, in a manner consist ent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotor 673

craft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to 674

operations under Exemption No. 11062, the PIC must also have accumulated and logged a 675

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used 676

for operations under the exemption. For clarification, the FAA considers these minimum 677

hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time 678

may b e included in the 10 hours of multi

- rotor time and the 10 hours may be included in the 679

total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 680

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purpo ses). 681

The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are 682

appropriate to practice and build proficiency in the skills necessary to safely conduct Dennis 683

Taetsch, the Petitioner, proposed operations. The FAA also finds that prior documented 684

flight experience that was obtained in compliance with applicable regulations would satisfy 685

this requirement. Training, proficiency, and experience

- building flights can also be con686

ducted under the grant of exemption to acco mplish the required flight time. During training, 687

proficiency, and experience

- building flights the PIC is required to operate the UA with ap688

propriate distances in accordance with 14 C.F.R 91.119. 689Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 19

Accordingly, Dennis Taetsch will ensure safe operations by not allowing any PIC to operate 690

the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency 691

requirements, that the PIC is able to safely operate the UAS in a manner consis tent with the 692

exemption, including evasive and emergency maneuvers and maintaining appropriate dis693

tances from people, vessels, vehicles and structures. 694

695

Reasons Why an Exemption from th e Requirements of Section 91.119 Would Not Ad696

versely Affect Safety. 697

698

CFR 14 91.119 (c) states Over other than congested areas. An altitude of 500 feet above 699

the surface, except over open water or sparsely popula ted areas. In those cases, the air700

craft may not be operated closer than 500 feet to any person, vessel, vehicle, or struc701

ture. Flight operations must be conducted at least 500 feet from all nonparticipating per702

sons (persons other than the PIC, SO, operator trainees or essential persons), vessels, ve703

hicles, and structures unless: 704

705

Barriers or structures are present that sufficiently protect nonparticipating persons from 706

the UA and/or debris in the event of an accident. The operator must ensure that 707

non

- partic ipating persons remain under such protection. If a situation arises where 708

non

- participating persons leave such protection and are within 500 feet of the UA, flight 709

operations must cease immediately and/or; 710

711

The aircraft is operated near vessels, vehicles o r structures where the owner/ controller 712

of such vessels, vehicles or structures has granted permission and the PIC has made a 713

safety assessment of the risk of operating closer to those objects and determined that it 714

does not present an undue hazard, and; 715

716

Operations nearer to the PIC, VO, operator trainees or essential persons do not pre717

sent an undue hazard to those persons per § 91.119(a). 718

719

Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Ad720

versely Affect Safety. 721

722

The equivalent level of safety established by Section 91.7(a) will be maintained because 723

prior to every flight, Dennis Taetsch will ensure that the UAS is in an airworthy condition 724

based upon the UAS’s compliance with its operating documents and as stated in the condi725

tions and limitations herein. 726

727

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in cir728

cumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 729Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 20

11062, 11063, 11064, 110 65, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 730

11153, 11156, 11157, 11158, 11159, 11160, 11161). 731

732

Reasons Why an Exemption from the Requirements of Section 91.121 Would Not Ad733

versely Affect Safety. 734

The equivalent level of safety established by Section 91.121 will be maintained because 735

the altitude information of the UAS will be provided to the PIC via GPS equipment and a 736

radio communications telemetry data link, which downlinks from the UA to the GCS for 737

active monitoring of the flight path and altitude. This altitude information, combined 738

with Dennis Taetsch’s operation of the UAS within visual line of sight, at or below 500 739

feet AGL, will ensure a level of safety equivalent to Section 91.121. The al titude infor740

mation will be generated by GPS equipment installed onboard the aircraft. Prior to each 741

flight, a zero altitude initiation point is automatically established by the UAS at ground 742

level. 743

The FAA has previously granted relief from Section 91.121 specific to UAS, in circum744

stances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 745

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 746

11153, 11156, 11157, 11158, 11159, 11160, 11161)

. 747

748

Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not Ad749

versely Affect Safety. 750

751

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 752

Section 91.151(b) as a result of (1) the technica l specifications of the UAS; (2) the limitations 753

on the proposed flight operations; and (3) the location of the proposed flight operations. 754

Accordingly, Dennis Taetsch will ensure that it will safely operate the battery powered UAS 755

during daylight hours in VFR conditions, with enough battery power to fly for a total dura756

tion of 18 minutes to the first point of intended landing and, assuming normal cruising 757

speed, to fly after that for at least 4.5 minutes. 758

Here, as in Exemption No. 11481

, the technical specifications of the UAS; the limitations on 759

the proposed flight operations; and the location of the proposed operations, will ensure an 760

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will 761

be ensur ed as the UAS provide audible and visual warnings to the PIC at the GCS when the 762

UAS experiences low battery voltage, the first warning occurring at approximately 33% re763

maining battery power, and again at approximately 10% remaining battery power. At the 764

critically low battery level, the DJI Phantom 3 will descend land automatically at set home. 765

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 766

that safety is not adversely affected when the techn ical characteristics and operating limita767

tions of the UAS are considered. Relief has been granted for manned aircraft to operate at 768Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 21

less than the minimums pre scribed in Section 91.151, including Exemption Nos. 2689, 5745, 769

and 10650. Moreover, the FAA as p reviously granted relief from Section 91.151 specific to 770

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Ex771

emption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 772

11109, 11110, 11136, 11138, 11150

, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 773

774

Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a) (1), 775

91.409(a) (1) & (a) (2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 776

777

In seeking this exemption, Dennis Taetsch submits that the equivalent level of safety with 778

regard to the regulatory maintenance and alteration requirements established by Sections 779

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because this 780

Petitioner will use trained technicians to perform maintenance, alterations, or preventive 781

maintenance on the UAS using the methods, techniques, and practices prescribed in the 782

operating d ocuments (i.e., DJI Phantom 3 User Manual , Monthly Mai ntenance Log). Fur783

thermore, Petitioner will document and maintain all maintenance records for the UAS. 784

Since the UAS will be inspected as outlined by the operating documents, Dennis Taetsch 785

will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), 786

a nd 91.409(a)(2). A copy of the DJI Phantom 3 User Manual is attached to this document

. 787

Likewise, the exemption sought will not adversely affect safety because Dennis Taetsch will 788

use trained technicians to perform maintenance, alterations or preventive maintenance on 789

the UAS using the methods, techniques, and practices prescribed by the operating docu790

ments. 791

Furthermore, the exemption sought would maintain an equivalent level of safety established 792

by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UAS will be 793

performed by trained technicians. Maintenance will be documented and maintained utilizing 794

the monthly maintenance log. 795

Significantly, previous exemptions granted by the FAA conce rning Sections 91.405(a), 796

91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 797

affected when the technical characteristics and operating limitations of the UAS are consid798

ered. 799

In consideration of Dennis Taetsch’ s proposed operating limitations, the operating docu800

ments, and the technical aspects of the UAS, this Petitioner submits that safety will not be 801

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and 802

(a)(2), 91.409(a)( 2), and 91.417(a) and (b). The FAA has previously granted relief specific to 803

UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemp804

tion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 805

11138, 11150, 11153, 111 56, 11157, 11158, 11159, 11160, 11161). 806

807Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 22

The FAA May Prescribe Any Other Conditions For Safe Operation. 808

809

I n accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 810

C.F.R. 21.116 entitled Special Conditio ns

, Dennis Taetsch requests that the FAA prescribe 811

special conditions for the intended operation of the UAS, which contain such safety 812

standards that the Administrator finds necessary to establish a level of safety equivalent 813

to th at established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 814

(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 815

Such special conditions will permit safe operation of the UAS for the limited purpose of 816

conducting aerial video and photography over certain areas of the United States for com817

pensation or hire. FMRA Section 333 sets forth the requirements for considering whether 818

a UAS will create a hazard to users of the NAS or the public, or othe rwise pose a threat to 819

national security; and further, provides the authority for such UAS to operate without 820

airworthiness certification in accordance with any requirements that must be established 821

for the safe operation of the UAS in the NAS. 822

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, 823

for operation of the UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 824

contain adequate or appropriate safety standards, due to the novel or unus ual design 825

features of the aircraft. Section 21.16, entitled Special Conditions states the following: 826

827

If the FAA finds that the airworthiness regulations of this subchapter do not contain ade828

quate or appropriate safety standards for an aircraft, aircraft engine, or propeller because 829

of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he pre830

scribes special conditions and amendments thereto for the product. The special condi831

tions are issued in accordance with Part 11 of this chapter and contain such safety stand832

ards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a 833

level of safety equivalent to that established in the regulations. Likewise, the Administra834

tor may prescribe special conditions pursuant to 14 C.F.R. Part 21 operation of the UAS, 835

since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appro836

priate safety standards, due to the novel or unusual design features of the aircraft. Sec837

tion 21.16, entitled Special Conditions, states the following: 838

If the FAA finds that the airworthiness regulations of this subchapter do not contain ade839

quate or appropriate safety standards for an aircra ft, aircraft engine, or propeller because 840

of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he pre841

scribes special conditions and amendments thereto for the product. The special condi842

tions are issued in accordance with Part 11 of this chapter and contain such safety stand843

ards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a 844

level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. 845

846

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. Part 21

, the FAA may pre847

scribe special conditions for Dennis Taetsc h ’s intended operation of the UAS, which con848

tain such safety standards that the Administrator finds necessary to establish a level of 849Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 23

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 850

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 851

and 91.417(a) & (b). 852

853

A Summary That Can Be Published in the Federal Register, stating: The Rules From 854

Which D ennis Taetsch Seeks Exemption: 855

856

The Rules from Which Dennis Taetsch Seeks Exemption 857

Dennis Taetsch seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 858

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 859

(b). 860

A Brief Description Of The Nature Of The Exemption D ennis Taetsch Seeks : 861

862

This exemption will permit Dennis Taetsch to commercially operate an Unmanned Aircraft 863

S ystem (UAS) for the purpose of conducting aerial video and photography over certain 864

areas of the United States. 865

866

Additional Information, Views, Or Arguments Available to Support Dennis Taetsch’s Re867

quest

. 868

Petitioner is an instrument rated/commercial pilot, professional aerial photographer, ra869

dio/TV broadcaster/traffic reporter pilot/newscaster/writer aviation advocate who has 870

long promo ted and practiced safe flying. Routinely, I have opted for the extra level of 871

safety which is b etter achieved by employing others (commercial pilots) to act as PIC dur872

ing those operations where I must focus on shooting the pictures or report a highway 873

traffic accident (or other noteworthy event occurring in the air or on the ground). A model 874

aircr aft enthusiast since a teenager, I have patiently anxiously waited for this Section 333 875

UAS exemption opportunity by setting good neighbor pilot examples: 1) by turning away 876

UAS jobs until I get my own FAA Section 333 exemption, and 2 ) educating others via face 877

to face, audience presentations (e.g. legislators, pilots, Realtors, property and business 878

owners), digital social and traditional (broadcast) media, and written articles on the im879

portance of aviation and integration of UAS oper ations into the NAS without interference 880

or hazard to manned aircraft. That is of the utmost importance to pilots as well as the 881

flying and non

- flying public today. I have been a proud AOPA Safety Foundation video / 882

audio editor and AOPA member since 1976

. 883

884

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 885

Section 333, which directs the Secretary of Transportation to determine if certain UAS 886

may operate safely in the NAS. As such, Petitioner’s request for exemption may be grant- 887Complete Revised Application For Section 333 Exemption Request No. FAA 2015

- 1041

Page | 24

ed pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth 888

above. FMRA Section 333 sets forth the requirements for considering whether a UAS will 889

create a hazard to users of the NAS or the public, or otherwise pose a threat to national 890

security; and further, provides the authority for such UAS to operate without airworthi891

ness certification. As discussed in detail above, Dennis Taetsch is a US military vete ran 892

who will operate the UAS in the NAS, without creating a hazard to users of the NAS, or the 893

public, or otherwise pose a threat to national security

. 894

C O NCLUSION: 895

This Petitioner requests that in accordance with the Federal Aviation Regulations and the 896

F AA Modernization and Reform Act of 2012, Section 333 the Administrator grant this 897

Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 898

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 899

(b), and permit Dennis Taet sch to operate UAS commercially for the purpose of conduct900

ing aerial video and photography. Considering the small size of the aircraft listed i n this 901

petition, along with the PIC training, certification requireme nts stipulated and the strict 902

operating guidelines proposed herein, it is demonstrated that the UAS will be operated 903

safely in the national air space (NAS) with an equivalent or greater level of safety com904

p ared to manned aircraft. P etitioner is prepa red to modify or am end any part of this re905

quest as deemed necessary by the FAA to satisfy the need for an equivalent level of safe906

ty. 907

908

Respectfully

, 909

910

D ennis Taetsch 911

912

913

Appendices : 914

915

DJI Phantom 3 User Manual 916

917

918

919

920

921

922

923