Complete Revised Application For Section 333 Exemption Request No. FAA 2015-1041

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1 August 12, 2015

2 U.S. Department of Transportation

3 Airmen and Aerospace Rules Division 

4 800 Independence Avenue, SW

5 Washington, DC 20591

6

7 Attention: Brittany Newton, Program Analyst Department 

8

9 RE: Section 333 Exemption Request No. FAA 2015-1041

10

11 Dear Ms. Newton:

12 Thank you for your patience and letter requesting this new application. Note that I have

13 reduced the number of aircraft down to one DJI Phantom as detailed in this updated Peti14 tion For Exemption:

15

16 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the ReformAct),

17 and 14 C.F.R. Part 11, Petitioner Dennis Taetsch seeks an exemption from the Federal Avia18 tion Regulations (FAR) requirements of 14 C.F.R. Sections 61.113 (a) & (b), 91.7 (a), 91.121,

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

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

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

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

23 Section 333.

24 Introduction and Interests

25

26 The requested exemption would permit Petitioner to continue maintaining viable aerial 

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

28 Real Estate, Marketing, Surveying, Inspections. 

29

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

31 aerial photography services to past and future clients with faster, cheaper, more safely ac32 quired, high quality imaging for a variety of commercial, residential and public uses. The 

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

34 non-profit 503(c) organizations.

35

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

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

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

39 place.
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40 Background Unmanned Aircraft Systems (UAS)

41

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

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

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

45 Dennis Taetsch is petitioning for an exemption to operate a UAS with built-in stabilized HD 

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

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

48 within designated Class B, C, D and other protected airspace (e.g. NOTAMS, TFR, etc). 

49

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

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

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

53 while having a diameter of 24 inches and a maximum speed of approximately 20 knots and is 

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

55

56 The UAS described in this petition has a failsafe function which is triggered in the event com57 munication is lost between the UAS and the GCS. At that time,the UAS will return to its point 

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

59 and land.

60

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

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

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

64 accordance.

65

66 Basis For Petition

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

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

69 Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially op70 erate the UAS in the National Airspace System (NAS), and for an exemption from the re71 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), 

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

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

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

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

76 C.F.R. Part 21, Subpart H.
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77 Accordingly, Dennis Taetsch requests relief from Sections 91.405(a), 91.407(a) (1), 91.409(a) 

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

79 that only apply to aircraft with an airworthiness certificate.

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

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

82 operator (N8DMV) and model aircraft hobbyist will oversee and be responsible for the expe83 rienced personnel or technicians who perform the maintenance, alterations, or preventive 

84 maintenance on the UAS using the methods, techniques, and practices prescribed in the op85 erating documents (i.e., Monthly Maintenance Log, and appropriate to the DJI Phantom 3 

86 Operations or User Manual). Furthermore, Dennis Taetsch will be responsible for the docu87 mentation and safe-keeping of all maintenance records for the UAS.

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

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

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

91 airman medical certificate or U. S. driver’s license who has demonstrated, by meeting mini92 mum flight- hour and currency requirements, that the PIC is able to safely operate the UAS in 

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

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

95

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

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

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

99 condition, prior to every flight, by determining that the UAS is in compliance with the oper100 ating documents.

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

102 Altimeter Settings, as the UAS will not have a typical barometric altimeter onboard. Howev103 er, altitude information of the UAS willbe provided to the PIC via Global Positioning System 

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

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

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

107 AGL, will ensure a levelofsafety equivalent to Section 91.121.

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

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

110 safety will not be affected by operation of the UAS during daylight hoursin visual meteoro111 logical conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for 

112 a total duration of approximately 18 minutes (for safety, 20% less than the 23 minute max113 imum flight time advertised by the DJI Phantom 3 Professional manufacturer) to the first 

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

115 4.5minutes.
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116 In accordance with 14 C.F.R. §11.81, Dennis Taetsch provides the following information in 

117 support of this petition for exemption:

118

119 Name, Address, Contact Info of Petitioner:

120

121 Dennis Taetsch

122 8345 Bent Pine Drive

123 Lake Ann, Michigan 49650

124 Phone: (231) 640-2139

125 Email: airsho3d@gmail.com

126

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

128

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

130

131 Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsec132 tions and (b) prescribe the following, in relevant part:

133

134 No person who holds a private pilot certificate may act as a pilot in command (PIC) of an air135 craft that is carrying passengers or property for compensation or hire; nor may that person, 

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

137 hire, act as PIC of an aircraft in connection with any business or employment if - the flight is 

138 only incidental to that business or employment; and the aircraft does not carry passengers 

139 or property for compensation or hire.

140

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

142

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

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

145

146 Petitioner Seeks Exemption from the Requirements of Section 91.121.

147

148 Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:
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149 Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

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

151

152 Below 18,000 feet MSL, to

153

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

155 miles of the aircraft;

156

157 If there is no station within the area prescribed in paragraph (a)(1) of this section, the cur158 rent reported altimeter setting of an appropriate available station; or In the case of an air159 craft not equipped with a radio, the elevation of the departure airport or an appropriate al160 timeter setting available before departure.

161

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

163

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

165 the following:

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

167 wind and forecast weather conditions) there is enough fuel to fly to the first point of in168 tended landing and, assuming normal cruising speed, to fly after that for at least 20 

169 minutes.

170

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

172 |

173 Section 91.405, entitled Maintenance Required, subsection (a), states the following: Each

174 owner or operator of an aircraft—

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

176 required inspections, except as provided in paragraph (c) of this section, have discrepan177 cies repaired as prescribed in part 43 of this chapter.

178

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

180

181 Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuild182 ing, or alteration, subsection (a) (1), states the following:
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183 No person may operate any aircraft that has undergone maintenance, preventive 

184 maintenance, rebuilding, or alteration unless -

185

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

187 of this chapter.

188

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

190 91.409(a) (2)

191

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

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

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

195

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

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

198

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

200 of this chapter.

201

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

203 91.417(b).

204

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

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

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

208 section:

209

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

211 100-hour, annual, progressive, and other required or approved inspections, as appro212 priate, for each aircraft (including the airframe) and each engine, propeller, rotor, and 

213 appliance of an aircraft.

214 The records must include:

215 (i) A description (or reference to data acceptable to the Administrator)of the work per216 formed; and

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

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

219
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220 Records containing the following information:

221

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

223

224 The current status of life-limited parts of each airframe, engine, propeller, rotor, and

225 appliance.

226

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

228 overhauled on a specified time basis.

229

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

231 required by the inspection program under which the aircraft and its appliances are main232 tained.

233

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

235 for each, the method of compliance, the ADorsafety directive number and revision date. If 

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

237 is required.

238

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

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

241

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

243

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

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

246

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

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

249

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

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

252 service.

253

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

255

256 Petitioner Seeks Relief From Section 61.113(a)and (b) Private Pilot Privileges and Limita257 tions,

258 Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UAS will 

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

260 safety of current operations by requiring the PIC operating the aircraft to have a “sport pilot 
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261 license” (which has been the case with the most recent Section 333 exemption approvals) ra262 ther than a commercial pilot’s license to operate small UAS. Unlike a conventional aircraft that 

263 carries the pilot and passengers, the UAS is remotely controlled with no living thing on board.

264

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

266

267 Section 91.119 establishes safe altitudes for operation of civil aircraft. 

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

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

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

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

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

273 vehicle, or structure.”

274 Petitioner seeks the requested relief because of the lack of flammable fuel, any risk associ275 ated with UAS operations is far less than those presently presented with conventional air276 craft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will 

277 ensure separation between UAS operations and the operations of conventional aircraft that 

278 must comply with Section 91.119

279

280

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

282

283 Civil Aircraft Airworthiness

284

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

286 will exist for determining airworthiness of the UAS, the requirements contained in the manu287 facturer’s manuals and the restrictions already agreed to will provide an equivalent level of 

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

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

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

291 determinations.

292

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

294 Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight opera295 tions of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

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

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

298 concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 
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299 (AGL), Dennis Taetsch seeks the requested relief because the UAS altimeter may be set on 

300 the ground to zero feet AGL, rather than the local barometric pressure or field altitude, be301 fore each flight.

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

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

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

305 since the UAS is equipped with a barometric pressure sensor and GPS equipment, which au306 tomatically ensures that a ground level pressure setting will be established prior to each 

307 flight, and provides the PIC with altitude information of the UAS on the heads-up displayof

308 the GCS.

309

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

311

312 Fuel Requirements for Flight in VFR Conditions Section 

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

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

315 first point of intended landing, and, assuming normal cruising speed - (1) During the day, to fly 

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

317 Dennis Taetsch believes that an equivalent level of safety can be achieved by restricting oper318 ations to “the intended operation and to operate after that for at least five minutes or with 

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

320 page 5.

321

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

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

324

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

326 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certif327 icate, Dennis Taetsch requests relief from these Sections because UAS does not require air328 worthiness certificates. As setforth more fully below, the UAS meets the conditions of FMRA 

329 Section 333 for operation without an airworthiness certificate. Accordingly, Petitioner will 

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

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

332 documents (i.e., DJI Phantom 3 Professional User Manual, Monthly Maintenance Log). Fur333 thermore, Dennis Taetsch will document and maintain all maintenance records for the UAS.

334
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335 The Reasons Why Granting Dennis Taetsch’s Request Would Be In The Public In336 terest; That Is, How It Would Benefit The Public As AWhole.

337

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

339 safely, efficiently, and economically perform aerial video and photography over certain are340 as of the United States, providing high quality imaging for a variety of commercial, public,

341 residential and public service uses.

342 Additionally, use of the UAS will decrease congestion of theNAS, reduce pollution, and pro343 vide significant benefits to the economy. Notably, the benefits of Dennis Taetsch‘s proposed 

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

345 Experienced pilots understand the complexities of the problems surrounding the introduc346 tion of UAS into the NAS and believe we can help promote the idea by setting better exam347 ples than what the public has been witnessing with increasing regularity on the web, TV, 

348 magazines, newspapers.

349

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

351

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

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

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

355 UAS would reduce the amount of manned aircraft in the NAS, reducing noise and air pollu356 tion, as well as increase the safety of life and property in the air and on the ground.

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

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

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

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

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

362 landing phases of flight operations.

363

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

365

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

367 greatly benefit the public by drastically reducing the levels of air and noise pollution gener368 ated during traditional (manned) aerial imaging and data gathering flight operations. By us369 ing battery power and relatively tiny electric motors, UAS produce no air pollution, and is

370 the most viable environmentally conscious alternative to internal combustion engine air371 craft that are typically utilized for aerial video and photography,while burning approxi-
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372 mately 10-20 gallons per hour of leaded aviation fuel. The UAS, while reducing the carbon 

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

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

375

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

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

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

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

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

381 gross weight with a diameter of 24 inches, and with no fuel on board), has less physical po382 tential for collateral damage to life and property on the ground, and in the air, compared 

383 to the manned aircraft that typically conduct similar operations.

384

385 Performing Aerial Video and Photography Operations with the UAS will benefit the

386 Economy.

387

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

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

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

391 to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Envi392 ronmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 

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

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

395 only allows companies greater operational flexibility compared to manned aircraft, but pro396 vides such flexibility without the high operational cost of a traditional manned aircraft.

397 By operating the UAS, individuals such as Dennis Taetsch, can remain competitive and prof398 itable, and therefore, provide greater job stability to employees and contractors, which will 

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

400 U.S. companies, through commercial use of the UAS, provides a stable workforce that in401 creases consumer spending; improves local, state, and federal tax revenues; and allows 

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

403 the United States and abroad.

404 There Are No Privacy Issues.

405

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

407 decades, Dennis Taetsch’s proposed operation of the UAS will not implicate any privacy is408 sues. Specifically, the UAS will be operated only in compliance with advance approval, which 

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

410 accordance with the Federal Aviation Regulations, including the minimum altitude require411 ments of 14 C.F.R. § 91.119.
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412 Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or HowThe 

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

414 From Which Dennis Taetsch Seeks Exemption.

415

416

417 Reason Why the DJI Phantom 3 Professional Meets the Conditions of the FAA Mod418 ernization and Reform Act of 2012 (FMRA) Section 333.

419

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

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

422 UAS listed in this Petition meet the conditions of FMRA Section 333, and will not re423 quire anairworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

424 Section 333 provides authority for a UAS to operate without airworthiness certifica425 tion and sets forth requirements for considering whether a UAS will create a hazard to 

426 users of the NAS or the public, or otherwise pose a threat to nationalsecurity. Specifi427 cally, FMRA Section 333 states the following, in part:

428

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

430 days after the date of enactment of this Act, the Secretary of Transportation shall deter431 mine if certain unmanned aircraft systems may operate safely in the national airspace sys432 tem before completion of the plan and rulemaking required by section 332 of this Act or

433 the guidance required by section 334 of this Act.

434

435 Assessment of Unmanned Aircraft Systems.

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

437 at a minimum:

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

439 operational capability, proximity to airports and populated areas, and operation within visu440 al line of sight do not create a hazard to users of the national airspace system or the public 

441 or pose a threat to national security; and whether a certificate of waiver, certificate of au442 thorization, or airworthiness certification under section 44704 of title 49, United States 

443 Code, is required for the operation of unmanned aircraft systems identified under para444 graph (1).

445

446 Requirements for Safe Operation.

447

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

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

450 the safe operation of such aircraft systems in the national airspace system.
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451 In seeking this exemption, Dennis Taetsch submits that the UAS can operate safely in the 

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

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

454

455 The Specifications Of The UAS Demonstrate Its Safe Characteristics.

456

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

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

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

460

461 Technical Specifications of the UAS.

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

463 Professional) are set forth by theUser Manual attached to this document.

464

465 The UAS autonomous flight and navigation modes enable the UAS to remain within a de466 fined operationalarea.

467

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

469 description of the flight and navigational modes of the UAS is provided in the User Manu470 al.

471

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

473 the Control Link or Navigation.

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

475 If, after 3 seconds, the UAS does notreacquire control link data from the GCS, the UAS will 

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

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

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

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

480

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

482 software is provided in the DJI Phantom 3 Professional User Manual. 

483
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484 Flight Operations of UAS Are Limited to the Line Of Sight of a Certificated Pilot in Com485 mand with a VisualObserver.

486

487 There will at all times be a minimally licensed “Sport Pilot” PIC (pilot-in-command) of the 

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

489

490 Flights Of UAS Will Be Conducted Pursuant ToSpecific Operating Limitations.

491

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

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

494 States, pursuant to the following specific operating limitations:

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

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

497 a petition to amend this grant.

498

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

500 purpose of aerial video and photography.

501

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

503 The UAS to be operated at an altitude of no more than 400 feet above ground level

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

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

506 feet AGL.

507 The UAS to be operated within visual line of sight (VLOS) of the PIC at all times. This re508 quires the PIC to be able to use human vision unaided by any device other than correc509 tive lenses, as specified on the PIC’s airman medical certificate or driver’s license.

510

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

512

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

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

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

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

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

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

519 duties required of the VO.

520

521 The operating documents and the grant of exemption must be accessible during UAS opera522 tions and made available to the Administrator upon request. If a discrepancy exists between 

523 the conditions and limitations contained in the grant of exemption and the procedures out-
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524 lined in the operating documents, the conditions and limitations contained in the grant of

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

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

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

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

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

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

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

532 amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

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

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

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

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

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

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

539 documented in the aircraft records. Any UAS that has undergone maintenance or altera540 tions that affect the UAS operation or flight characteristics, e.g. replacement of a flight 

541 critical component, must undergo a functional test flight. The PIC who conducts the func542 tional test flight must make an entry in the aircraft records (logs).

543 The pre-flight inspection must account for all potential discrepancies, e.g. inoperable com544 ponents, items, or equipment, not already covered in the relevant sections of the operating 

545 documents.

546

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

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

549

550 Prior to each flight, the PIC must conduct a pre-flight (check list) inspection and de551 termine the UAS is in a condition for safe flight. The pre-flight inspection must ac552 count for all potential discrepancies, e.g., inoperable components, items, or equip553 ment. If the inspection reveals a condition that affects the safe operation of the UAS, 

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

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

556

557 The operator must follow the UAS manufacturer’s maintenance, overhaul, replace558 ment, inspection, and life limit requirements for the aircraft and aircraft components.

559

560 The authorized person must make an entry in the aircraft record of the corrective ac561 tion taken against discrepancies discovered between inspections.

562

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

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

565 airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 
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566 Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC 

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

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

569

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

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

572 the UAS will be operated under this exemption, including evasive and emergency ma573 neuvers and maintaining appropriate distances from persons, vessels, vehicles and 

574 structures. PIC qualification flight hours and currency must be logged in a manner con575 sistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs 

576 and VOs (training, proficiency, and experience-building) and determining the PIC’s abil577 ity to safely operate the UAS in a manner consistent with how the UAS will be operated 

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

579 training operations may only be conducted during dedicated training sessions. During 

580 training, proficiency, and experience-building flights, all persons not essential for flight 

581 operations are considered nonparticipants, and the PIC must operate the UA with ap582 propriate distance from nonparticipants in accordance with 14 CFR § 91.119.

583

584 UAS operations may not be conducted at night, as defined in 14 C.F.R. § 61.110. All oper585 ations must be conducted under visual meteorological conditions (VMC). If flight at night is 

586 required, a special request will be made at the FAA office closest to proposed area of oper587 ations. Flights under special visual flight rules (SVFR) are not authorized.

588

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

590 ona current FAA-published aeronautical chart unless a letter of agreement with that air591 port’s management is obtained, and the operation is conducted in accordance with a NO592 TAM as required by the operator’s COA. The letter of agreement with the airport manage593 ment must be made available to the Administrator upon request.

594

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

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

597

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

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

600 operating documents.

601

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

603 accordance with the operating documents.

604

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

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

607 point and land the UAS with 25% battery powerremaining.

608
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609 The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

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

611 when a ‘blanket’ 200-foot COA is issued under new FAA policy. This COA will also require the 

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

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

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

615 and potentialtransponder requirements.

616

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

618 registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) mark619 ings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practica620 ble.

621

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

623 of the UA must comply with the Federal Communications Commission (FCC) or other ap624 propriate government oversight agency requirements.

625

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

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

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

629

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

631 and activities at all times.

632

633 The UAS may not be operated by the PIC from any moving device or vehicle.

634 All operations shall be conducted over private or controlled-access property with permis635 sion from the land owner/controller or authorized representative. Permission from land

636 owner/ controller or authorized representative will be obtained for each flight to be con637 ducted.

638

639 Any incident, accident, or flight operation that transgresses the lateral or vertical bounda640 ries of the operational area as defined by the applicable COA must be reported to the FAA’s

641 UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

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

643 www.ntsb.gov

644

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

646 Would Not Adversely Affect Safety.

647

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

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

650 has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC 
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651 is able to safely operate the UAS in amanner consistent with the exemption, including evasive 

652 and emergency maneuvers and maintaining appropriate distances from people, vessels, vehi653 cles and structures. 

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

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

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

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

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

659 12372, 12374, 12377, 12378, 12379

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

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

662 ofthose hours as a UAS pilot operating the same make and model of UAS to be used for op663 erations under the exemption). In addition to the hour requirements, the PIC must accom664 plish 3 takeoffs and landings in the preceding 90 days for currency purposes.

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

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

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

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

669 safe operations, stating as follows:

670

671 In Exemption No. 11062, the FAA required that prior to conducting operations for the pur672 pose of motion picture filming (or similar operations), the PIC must have accumulated and 

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

674 craft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to

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

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

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

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

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

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

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

682 The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are 

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

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

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

686 thisrequirement. Training, proficiency, and experience-building flights can also be con687 ducted under the grantof exemption to accomplish the required flight time. During training, 

688 proficiency, andexperience- building flights the PIC is required to operate the UA with ap689 propriate distances inaccordance with 14 C.F.R 91.119.
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690 Accordingly, Dennis Taetsch will ensure safe operations by not allowing any PIC to operate 

691 the UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

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

693 exemption, including evasive and emergency maneuvers and maintaining appropriate dis694 tances from people, vessels, vehicles and structures.

695

696 Reasons Why an Exemption from the Requirements of Section 91.119 WouldNot Ad697 versely Affect Safety.

698

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

700 the surface, except over open water or sparsely populated areas. In those cases, the air701 craft may not be operated closer than 500 feet to any person, vessel, vehicle, or struc702 ture. Flight operations must be conducted at least 500 feet from all nonparticipating per703 sons (persons other than the PIC, SO, operator trainees or essential persons), vessels, ve704 hicles, and structures unless:

705

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

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

708 non-participating persons remain under such protection. If a situation arises where 

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

710 operations must cease immediately and/or;

711

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

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

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

715 does not present an undue hazard, and;

716

717 Operations nearer to the PIC, VO, operator trainees or essential persons do not pre718 sent an undue hazard to those persons per § 91.119(a). 

719

720 Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Ad721 versely Affect Safety.

722

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

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

725 based upon the UAS’s compliance with its operating documents and as stated in the condi726 tions and limitations herein.

727

728 Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS,in cir729 cumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos.
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730 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

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

732

733 Reasons Why an Exemption from the Requirements of Section 91.121 WouldNot Ad734 versely Affect Safety.

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

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

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

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

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

740 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude infor741 mation will be generated by GPS equipment installed onboard the aircraft. Prior to each 

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

743 level.

744 The FAA has previously granted relief from Section 91.121 specific to UAS, in circum745 stances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

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

747 11153, 11156, 11157, 11158, 11159, 11160, 11161).

748

749 Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not Ad750 versely Affect Safety.

751

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

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

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

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

756 during daylight hours in VFR conditions, with enough battery power to fly for a total dura757 tion of 18 minutes to the first point of intended landing and, assuming normal cruising 

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

759 Here, as in Exemption No. 11481, the technical specifications of the UAS; the limitations on 

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

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

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

763 UAS experiences low battery voltage, the first warning occurring at approximately 33% re764 maining battery power, and again at approximately 10% remaining battery power. At the

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

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

767 that safety is not adversely affected when the technical characteristics and operating limita768 tions of the UAS are considered. Relief has been granted for manned aircraft to operate at 
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769 lessthan the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, 

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

771 UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Ex772 emption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

773 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

774

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

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

777

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

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

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

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

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

783 operating documents (i.e., DJI Phantom 3 User Manual, Monthly Maintenance Log). Fur784 thermore, Petitioner will document and maintain all maintenance records for the UAS.

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

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

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

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

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

790 the UAS using the methods, techniques, and practices prescribed by the operating docu791 ments.

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

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

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

795 the monthly maintenance log.

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

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

798 affected when the technical characteristics and operating limitations of the UAS are consid799 ered.

800 In consideration of Dennis Taetsch’s proposed operating limitations, the operating docu801 ments, and the technical aspects of the UAS, this Petitioner submits that safety will not be 

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

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

804 UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemp805 tion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

806 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

807
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808 The FAA May Prescribe Any Other Conditions For SafeOperation.

809

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

811 C.F.R. 21.116 entitled Special Conditions, Dennis Taetsch requests that the FAAprescribe 

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

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

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

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

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

817 conducting aerial video and photography over certain areas of the United States for com818 pensation or hire. FMRA Section 333 sets forth the requirements for considering whether

819 a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threatto 

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

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

822 forthe safe operation of the UAS in the NAS.

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

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

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

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

827

828 If the FAA finds that the airworthiness regulations of this subchapter do not contain ade829 quate or appropriate safety standards for an aircraft, aircraft engine, or propeller because 

830 of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he pre831 scribesspecial conditions and amendments thereto for the product. The special condi832 tions are issued in accordance with Part 11 of this chapter and contain such safety stand833 ards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a 

834 level of safety equivalentto that established in the regulations. Likewise, the Administra835 tor may prescribe special conditions pursuant to 14 C.F.R. Part 21 operation of the UAS, 

836 since the airworthinessregulations of 14 C.F.R. Part 21 do not contain adequate or appro837 priate safety standards, due to the novel or unusual design features of the aircraft. Sec838 tion 21.16, entitled Special Conditions, states the following:

839 If the FAA finds that the airworthiness regulations of this subchapter do not contain ade840 quate or appropriate safety standards for an aircraft, aircraft engine, or propeller because 

841 of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he pre842 scribesspecial conditions and amendments thereto for the product. The special condi843 tions are issued in accordance with Part 11 of this chapter and contain such safety stand844 ards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a 

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

846

847 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. Part 21, the FAA may pre848 scribe special conditions for Dennis Taetsch’s intended operation of the UAS, which con849 tain such safety standards that the Administrator finds necessary to establish a level of 
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850 safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

851 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),

852 and 91.417(a) & (b).

853

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

855 Which Dennis Taetsch Seeks Exemption:

856

857 The Rules from Which Dennis Taetsch Seeks Exemption

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

859 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) &

860 (b).

861 A Brief Description Of The Nature Of The Exemption Dennis Taetsch Seeks: 

862

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

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

865 areas of the United States.

866

867 Additional Information, Views, Or Arguments Available to Support Dennis Taetsch’s Re868 quest.

869 Petitioner is an instrument rated/commercial pilot, professional aerial photographer, ra870 dio/TV broadcaster/traffic reporter pilot/newscaster/writer aviation advocate who has 

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

872 safety which is better achieved by employing others (commercial pilots) to act as PIC dur873 ing those operations where I must focus on shooting the pictures or report a highway 

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

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

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

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

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

879 owners), digital social and traditional (broadcast) media, and written articles on the im880 portance of aviation and integration of UAS operations into the NAS without interference 

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

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

883 audio editor and AOPA member since 1976. 

884

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

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

887 may operate safely in the NAS. As such, Petitioner’s request for exemption may be grant-
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888 ed pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth 

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

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

891 security; and further, provides the authority for such UAS to operate without airworthi892 ness certification. As discussed in detail above, Dennis Taetsch is a US military veteran 

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

894 public, or otherwise pose a threat to nationalsecurity.

895 CONCLUSION:

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

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

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

899 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) & 

900 (b), and permit Dennis Taetsch to operate UAS commercially for the purpose of conduct901 ing aerial video and photography. Considering the small size of the aircraft listed in this 

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

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

904 safely in the national air space (NAS) with an equivalent or greater level of safety com905 pared to manned aircraft. Petitioner is prepared to modify or amend any part of this re906 quest as deemed necessary by the FAA to satisfy the need for an equivalent level of safe907 ty. 

908

909 Respectfully, 

910

911 Dennis Taetsch

912

913

914 Appendices: 

915

916 DJI Phantom 3 User Manual

917

918

919

920

921

922

923