.

Eric	K Carpenter Flights	By	Design 5319	Rimwood	Dr. San	Jose,	CA,	95118 eric@flightsbydesign.com ,	302

- 670

- 1131

Dear	Sir	or	Madam:

This	petition	is	being	submitted	on	my	behalf	without	legal	counsel	or	consulting	services.

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act),	and	14 C. F.R.	Part	11,	Eric	K.	Carpenter,	a	freelance	multimedia	produce r,	hereby	applies	for	an	exemption from	the	Federal	Aviation	Regulations	(FARs)	listed	below	to	allow	operation	of	our	Small	Unmanned Aircraft	System	(sUAS)	commercially	in	airspace	regulated	by	the	Federal	Aviation	Administration (FAA)	so	long	as	such	ope rations	are	conducted	with	and	under	the	conditions	outlined	herein	or	as may	be	established	by	the	FAA	as	required	by	Section	333. The	requested	exemption would	permit	Eric	K.	Carpenter to	pursue	his	commercial	interests	in providing	services	to	clients using	a	small	advanced	sUAVs in	the	following	areas:	Real	Estate, Marketing,	Land	Management/Surveying,	and Special	Events.	Eric	K.	Carpenter states	that	all	sUAS flights	will	occur	over	private	or	controlled	access	property	and	will	do	so	with	the	property	owner's consent	and	knowledge	and	that	only	people	who	have	consented	or	otherwise	have	agreed	to	be within	the	UAS’	radius	during	filming	and	photography	applications. Eric	K.	Carpenter has	demonstrated	the	ability	to	safely	and	effectively	fly	the	sUA S	DJI	Phantom	3 and	DJI	Inspire	1 which	will	be	used	for	all	commercia l	and	private	purposes.	Eric	K.	Carpenter complies	with	local	ordinances	and	laws	regarding	the	operation	of	sUAS s ,	and	adheres	to	all weather	and	environmental	restrictions	or	limitatio ns	in	refe rence	to	the	operations	of	sUASs. All	flights	will	occur	in	ordinance	with	any	state	or	local	laws	regarding	privacy. I,	Eric	K.	Carpenter,	am	seeking	the	exemption	because	I	am	committed	to	complying	with	all	of	the rules,	guidelines,	limitati ons,	and	future	legislation	set	forth	by	the	FAA.	I	agree	to	operate	the	sUAS s in	the	manner	that	I	have	described,	and	for	the	purposes	that	I	have	described.	Without	the exemption	request	granted,	I	would	be	unable	to	safely	and	effectively	run	my	busine ss,	and	it	is	my intention	to	comply	with	the	FAA	and	obtain	an	exemption	of	the	following	regulations. The	following	contains	my	list	of	regulations	from	which	I	am	seeking	exemption,	and	a	complete	list of	responsibilities	I	assume	as	operator;	it	also contains	information	regarding	the	aircraft,	public benefit	and	safety	features,	and	similar	petitions	requests	granted.

**Regulations	from	which	exemption	is	requested:**

14	C.F.R.	Part	21 14	C.F.R.	45.23(b) 14	C.F.R.	61.113(a)	&	(b) 14	C.F.R.	91.7(a) 14	C.F.R.	91.9(b)	(2) 14	C.F.R.	91.109 14	C.F.R.	91.119 14	C.F.R.	91.121 14	C.F.R.	91.151(a) 14	C.F.R.	91.203(a)	&	(b) 14	C.F.R.	91.205(b)14	C.F.R.	91.215

14	C.F.R.	91.401

- 91.417

**I,	THE	OPERATOR,	ASSUME	THE	FOLLOWING	RESPONSIBILITIES** 1.	Operations	authorized	by	this	grant	of	exemption	are	limited	to	the	DJI	Phantom	3 and	DJI	Inspire 1	both weighing	less	than	55	pounds	including	payload.	Proposed	operations	of	any	other	aircraft will	require	a	new	petition	or	a	petition	to	amend	this	ex emption. 2.	Operations	for	the	purpose	of closed

- set	motion	picture	and	television	filming	are	not	permitted. 3.	The	UA	may	not	be	operated	at	a	speed	exceeding	87	knots	(100	miles	per	hour).	The	exemption holder	may	use	either	groundspeed	or	calibrated	a irspeed	to	determine	compliance	with	the	87	knot speed	restriction.	In	no	case	will	the	UA	be	operated	at	airspeeds	greater	than	the	maximum	UA operating	airspeed	recommended	by	the	aircraft	manufacturer. 4.	The	UA	must	be	operated	at	an	altitude	of	no	mo re	than	400	feet	above	ground	level	(AGL). Altitude	must	be	reported	in	feet	AGL. 5.	The	UA	must	be	operated	within	visual	line	of	sight	(VLOS) of	the	PIC	at	all	times.	This	requires	the	PIC	to	be	able	to	use	human	vision	unaided	by	any	device other	than	c orrective	lenses,	as	specified	on	the	PIC’s	FAA

- issued	airman	medical	certificate	or	U.S. driver’s	license. 6.	All	operations	must	utilize	a	visual	observer	(VO).	The	UA	must	be	operated	within	the	visual	line of	sight	(VLOS)	of	the	PIC	and	VO	at	all	time s.	The	VO	may	be	used	to	satisfy	the	VLOS	requirement	as long	as	the	PIC	always	maintains	VLOS	capability.	The	VO	and	PIC	must	be	able	to	communicate verbally	at	all	times;	electronic	messaging	or	texting	is	not	permitted	during	flight	operations.	The PIC must	be	designated	before	the	flight	and	cannot	transfer	his	or	her	designation	for	the	duration of	the	flight.	The	PIC	must	ensure	that	the	VO	can	perform	the	duties	required	of	the	VO. 7.	This exemption	and	all	documents	needed	to	operate	the	UAS	and	con duct	its	operations	in	accordance with	the	conditions	and	limitations	stated	in	this	grant	of	exemption,	are	hereinafter	referred	to	as the	operating	documents.	The	operating	documents	must	be	accessible	during	UAS	operations	and made	available	to	the	Admi nistrator	upon	request.	If	a	discrepancy	exists	between	the	conditions	and 4	limitations	in	this	exemption	and	the	procedures	outlined	in	the	operating	documents,	the conditions	and	limitations	herein	take	precedence	and	must	be	followed.	Otherwise,	the	op erator must	follow	the	procedures	as	outlined	in	its	operating	documents.	The	operator	may	update	or revise	its	operating	documents.	It	is	the	operator’s	responsibility	to	track	such	revisions	and	present updated	and	revised	documents	to	the	Administrator or	any	law	enforcement	official	upon	request. The	operator	must	also	present	updated	and	revised	documents	if	it	petitions	for	extension	or amendment	to	this	grant	of	exemption.	If	the	operator	determines	that	any	update	or	revision	would affect	the	basis upon	which	the	FAA	granted	this	exemption,	then	the	operator	must	petition	for	an amendment	to	its	grant	of	exemption.	The	FAA’s	UAS	Integration	Office	(AFS −80)	may	be	contacted	if questions	arise	regarding	updates	or	revisions	to	the	operating	documents. 8.	Any	UAS	that	has undergone	maintenance	or	alterations	that	affect	the	UAS	operation	or	flight	characteristics,	e.g., replacement	of	a	flight	critical	component,	must	undergo	a	functional	test	flight	prior	to	conducting further	operations	under	this	exem ption.	Functional	test	flights	may	only	be	conducted	by	a	PIC	with a	VO	and	must	remain	at	least	500	feet	from	other	people.	The	functional	test	flight	must	be conducted	in	such	a	manner	so	as	to	not	pose	an	undue	hazard	to	persons	and	property. 9.	The
ope rator	is	responsible	for	maintaining	and	inspecting	the	UAS	to	ensure	that	it	is	in	a	condition	for safe	operation. 10.	Prior	to	each	flight,	the	PIC	must	conduct	a	pre

- flight	inspection	and	determine	the	UAS	is	in	a condition	for	safe	flight.	The	pre

- fli ght	inspection	must	account	for	all	potential	discrepancies,	e.g., inoperable	components,	items,	or	equipment.	If	the	inspection	reveals	a	condition	that	affects	the safe	operation	of	the	UAS,	the	aircraft	is	prohibited	from	operating	until	the	necessary	m aintenance has	been	performed	and	the	UAS	is	found	to	be	in	a	condition	for	safe	flight. 11.	The	operator	must follow	the	UAS	manufacturer’s	maintenance,	overhaul,	replacement,	inspection,	and	life	limit requirements	for	the	aircraft	and	aircraft	components. 12.	Each	UAS	operated	under	this	exemption must	comply	with	all	manufacturer	safety	bulletins. 13.	Under	this	grant	of	exemption,	a	PIC	must hold	either	an	airline	transport,	commercial,	private,	recreational,	or	sport	pilot	certificate.	The	PIC must	al so	hold	a	current	FAA	airman	medical	certificate	or	a	valid	U.S.	driver’s	license	issued	by	a state,	the	District	of	Columbia,	Puerto	Rico,	a	territory,	a	possession,	or	the	Federal	government.	ThePIC	must	also	meet	the	flight	review	requirements	specifie d	in	14	CFR	§	61.56	in	an	aircraft	in	which

the	PIC	is	rated	on	his	or	her	pilot	certificate.	5 14.	The	operator	may	not	permit	any	PIC	to	operate unless	the	PIC	demonstrates	the	ability	to	safely	operate	the	UAS	in	a	manner	consistent	with	how the	UAS	wil l	be	operated	under	this	exemption,	including	evasive	and	emergency	maneuvers	and maintaining	appropriate	distances	from	persons,	vessels,	vehicles	and	structures.	PIC	qualification flight	hours	and	currency	must	be	logged	in	a	manner	consistent	with	14	CF R	§	61.51(b).	Flights	for the	purposes	of	training	the	operator’s	PICs	and	VOs	(training,	proficiency,	and	experience

- building) and	determining	the	PIC’s	ability	to	safely	operate	the	UAS	in	a	manner	consistent	with	how	the	UAS will	be	operated	under	this exemption	are	permitted	under	the	terms	of	this	exemption.	However, training	operations	may	only	be	conducted	during	dedicated	training	sessions.	During	training, proficiency,	and	experience

- building	flights,	all	persons	not	essential	for	flight	operations are considered	nonparticipants,	and	the	PIC	must	operate	the	UA	with	appropriate	distance	from nonparticipants	in	accordance	with	14	CFR	§	91.119. 15.	UAS	operations	may	not	be	conducted during	night,	as	defined	in	14	CFR	§	1.1.	All	operations	must	be	con ducted	under	visual meteorological	conditions	(VMC).	Flights	under	special	visual	flight	rules	(SVFR)	are	not authorized. 16.	The	UA	may	not	operate	within	5	nautical	miles	of	an	airport	reference	point	(ARP) as	denoted	in	the	current	FAA	Airport/Facility Directory	(AFD)	or	for	airports	not	denoted	with	an ARP,	the	center	of	the	airport	symbol	as	denoted	on	the	current	FAA

- published	aeronautical	chart, unless	a	letter	of	agreement	with	that	airport’s	management	is	obtained	or	otherwise	permitted	by	a COA	is sued	to	the	exemption	holder.	The	letter	of	agreement	with	the	airport	management	must	be made	available	to	the	Administrator	or	any	law	enforcement	official	upon	request. 17.	The	UA	may not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	hori zontally	from	a	cloud	or	when visibility	is	less	than	3	statute	miles	from	the	PIC. 18.	If	the	UAS	loses	communications	or	loses	its GPS	signal,	the	UA	must	return	to	a	pre

- determined	location	within	the	private	or	controlled

- access property. 19.	The	PIC	m ust	abort	the	flight	in	the	event	of	unpredicted	obstacles	or emergencies. 20.	The	PIC	is	prohibited	from	beginning	a	flight	unless	(considering	wind	and	forecast weather	conditions)	there	is	enough	available	power	for	the	UA	to	conduct	the	intended	operation and	to	operate	after	that	for	at	least	five	minutes	or	with	the	reserve	power	recommended	by	the manufacturer	if	greater. 21.	Air	Traffic	Organization	(ATO)	Certificate	of	Waiver	or	Authorization (COA).	All	operations	shall	be	conducted	in	accordance	with	an	ATO

- issued	COA.	The	exemption holder	may	apply	for	a	new	or	amended	COA	if	it	intends	to	conduct	operations	that	cannot	be conducted	under	the	terms	of	the	attached	COA.	6 22.	All	aircraft	operated	in	accordance	with	this exemption	must	be	identifie d	by	serial	number,	registered	in	accordance	with	14	CFR	part	47,	and have	identification	(N −Number)	markings	in	accordance	with	14	CFR	part	45,	Subpart	C.	Markings must	be	as	large	as	practicable. 23.	Documents	used	by	the	operator	to	ensure	the	safe	operation and	flight	of	the	UAS	and	any	documents	required	under	14	CFR	§§	91.9	and	91.203	must	be available	to	the	PIC	at	the	Ground	Control	Station	of	the	UAS	any	time	the	aircraft	is	operating.	These documents	must	be	made	available	to	the	Administrator	or any	law	enforcement	official	upon request. 24.	The	UA	must	remain	clear	and	give	way	to	all	manned	aviation	operations	and	activities at	all	times. 25.	The	UAS	may	not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle. 26.	All	Flight	operations	mus t	be	conducted	at	least	500	feet	from	all	nonparticipating	persons, vessels,	vehicles,	and	structures	unless:	a.	Barriers	or	structures	are	present	that	sufficiently	protect nonparticipating	persons	from	the	UA	and/or	debris	in	the	event	of	an	accident.	Th e	operator	must ensure	that	nonparticipating	persons	remain	under	such	protection.	If	a	situation	arises	where nonparticipating	persons	leave	such	protection	and	are	within	500	feet	of	the	UA,	flight	operations must	cease	immediately	in	a	manner	ensuring	the	safety	of	nonparticipating	persons;	and	b.	The owner/controller	of	any	vessels,	vehicles	or	structures	has	granted	permission	for	operating	closer to	those	objects	and	the	PIC	has	made	a	safety	assessment	of	the	risk	of	operating	closer	to	those objects and	determined	that	it	does	not	present	an	undue	hazard.	The	PIC,	VO,	operator	trainees	or essential	persons	are	not	considered	nonparticipating	persons	under	this	exemption. 27.	All	operations	shall	be	conducted	over	private	or	controlled

- access	property	with	permission from	the	property	owner/controller	or	authorized	representative.	Permission	from	property owner/controller	or	authorized	representative	will	be	obtained	for	each	flight	to	be	conducted. 28. Any	incident,	accident,	or	flight	operation	that transgresses	the	lateral	or	vertical	boundaries	of	the operational	area	as	defined	by	the	applicable	COA	must	be	reported	to	the	FAA's	UAS	IntegrationOffice	(AFS −80)	within	24	hours.	Accidents	must	be	reported	to	the	National	Transportation	Safety

Board (NTSB)	per	instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov. SIMILAR	EXEMPTIONS They	are	similar	in	all/or	many	material	respects	to	relief	previously	requested	in	Grant	of Exemption	Nos.	11062,	11109,	11112,	and	11213 Public	Benefit	and	Safety Unmanned	Aircraft	System	sUAVs	are	often	seen	as	superior	to	helicopters	as	an	aerial	video gathering	platform	due	to	the	smaller	devices	cheaper	equipment	and	personnel	cost,	reduced	noise and	as	such,	a	much	smaller	environmental	impact	which	promote s public	safety. Eric	K	Carpenter is	petitioning	for	an	exemption	to	operate	a	DJI	Phantom	3 and	DJI	Inspire	1,	both equiped with	a built

- in	stabilized	HD	camera	and	GPS	safety	features	which	limit	its	ability	to	limit	the	height	it	flies above	ground	level (AGL),	to	limit	the	radius	of	the	distance	it	flies	from	the	operator	and	to	exclude it	from	operations	within	designated	Class	B,	C	and	D	airspace	including	a	no

- fly	zone	feature. The	D JI	sUAVs	also	have a	failsafe	function	that	is	triggered	in	the	event	communication	is	lost between	the	sUAS s and	the	main	controller	transmitter.	At	that	time,	the	sUAS	will	return	to	its	point of	takeoff	and	land	safety.	If	the	connection	is	restored,	the	PIC	can	regain	control	of	flight	and	land manually. These	specifi cations	meet	with	the	Model	Aircraft	Operating	Standards	as	set	below:

 The	petitioner	will	only	operate	its	sUAS	in	line

- of

- sight	of	a	pilot	and/or	observer	and	will	operate at	sites	that	are	`sufficient	distance'	from	populated	areas	within	the	sterile area	described	in	the FOPM.	Such	operations	will	ensure	that	the	sUAS	will	"not	create	a	hazard	to	users	of	the	national airspace	system	or	the	public."

 When	flying	the	sUAS s within	three	(3)	miles	of	an	airport,	airport	operators	will	be	notified	and the	operator	will	give	the	right

- of

- way	to	avoid	flying	in	the	proximity	of	full

- scale	aircraft.	Maximum flight	time	for	each	operation	will	be	30	minutes.

 Flights	will	be	terminated	when	battery	levels	reach	25%,	allowing	sufficient	reserve	flight	time to safely	land	the	sUAS s

.  The	sUAS	will	be	programmed	so	it	will	not	be	operated	at	an	altitude	that	exceeds	400	feet	AGL, and	not	more	than	200	feet	above	an	elevated	platform	from	which	videography	is planned.  Minimum	crew	for	each	operation	shall consist	of:	sUAS	pilot,	a	visual	sUAS	observer,	and the	camera	operator.  The	sUAS	PIC	will	be	an	FAA	licensed	airman	holding	a	minimum	of	a	Private Pilot	certificate	and	a	current	FAA	medical	certificate.

 The	sUAS s operated	by	the	petitioner	weighs	le ss	than	25	pounds,	including	all	payload	(i.e. camera,	lens,	and	stabilized	gimbal).  The	sUAS	will	operate	at	speeds	of	no	more	than	50	knots, can	hover,	and	can	simultaneously	move	vertically	and	horizontally.  Given	the	small	size	of	the sUAS ’s and	th e	restricted	sterile	environment	within	whi ch	it	will	operate,	Flights	By	Design operations	adhere	to all	of the	Reform	Act's	safety	requirements.