Exemption Request Pursuant To Section 333 of the FAA Modernization and Reform Act of 2012

Name and Address of Petitioner Benjamin Farren, Member Farren Photography, 904 Edna ct. Rohnert Park, CA 94928 benjaminfarren@yahoo.com

Introduction: As set forth herein, to commercially operate small Unmanned Aircraft Systems (UAS) safely and legally in the National Airspace System (NAS), Benjamin Farren seeks an exemption from Federal Aviation Regulations pursuant to 14 C.F.R. and Section 333 of the FAA Modernization and Reform Act of 2012.

Section 333 states that the FAA may issue a certificate of waiver upon a finding that a type of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security. The grant of such an exemption is consistent with Congress’ intent, reflected in Section 333, that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general use of these systems. Being “unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system,” Benjamin Farren ’s UAS meet the Section 331 definition of “small unmanned aircraft.” Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. I would like to operate mysmall UAS(s) prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft, thereby providing direct experience and valuable information for formal regulation. Benjamin Farren intends to use small UAS to provide aerial photography and videography services to businesses, organizations and community members. See the Pu blic Benefit section of this document for more details. More specifically, we intend to:

! enable businesses to improve marketing and outreach through the use of state-of-the-art aerial photography and videography

! provide economic stimulus and public benefit by providing an effective means by which companies or individuals can use up-to-date, high-quality photos and videos to learn about properties, neighborhoods and communities

! provide non-profit organizations as well as schools and universities and local municipalities ways to showcase facilities, document events, and educate the public

I understand that I am entitled to submit a Petition for Exemption if I believe that following a rule will burden me, I can provide a level of safety at least equal to that provided by the rule, and my request is in the public interest. Therefore I seek relief from the following sections of the current regulations:

14 CFR 21subpart H - Certification procedures; Airworthiness Certificates 14 CFR 45.23 - Display of Marks 14 CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations14 CFR 91.105 Flight crewmembers at stations 14 CFR 91.109 (a) Flight instruction 14 CFR 91.119 (c) Minimum safe altitudes 14 CFR 91.121 - Altimeter settings 14 CFR 91.151 (a) - Fuel Requirements for Flight in VFR Conditions 14 CFR 91.203 Carrying Civil Aircraft Certification and Registration 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2) Maintenance required; Operation after maintenance, preventive maintenance, rebuilding or alteration 14 CFR 91.417 (a) & (b) Maintenance Records 14 CFR 91.7 (a) - Civil Aircraft Airworthiness 14 CFR 91.9 (b) Civil aircraft flight manual, marking, and placard requirements.

This application is similar to many which have received FAA approval. As stated in Exemption #11639, the FAA has found that the enhanced safety achieved using an UAS with the specifications described by herein, and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that such exemption is in the public interest. Since I am applying at a time when the FAA is using a “summary grant process” be informed that while developing this request I reviewed, among others, exemptions #11636, #11639, #11595, #11596, #11564, #11569, and #11616.

Extent of Relief and Reason for Seeking Relief; Why the Exemption would not Adversely Affect Safety, or How the Exemption would Provide a Level of Safety Equal to Existing Rule Part 21 Airworthiness Certification; Subpart H Certification procedures for products and parts, Airworthiness Certificates

This section outlines requirements for the issue of design and production approvals, airworthiness certificates, and other airworthiness approvals. We seek relief from this rule because the size, weight and enclosed operational area of myUAS, as described elsewhere in this document, permit exemption from Part 21 because our UAS meet and exceed an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Therefore, relief from 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary. Instead of following this requirement, I (Benjamin Farren) will seek to uphold the same level or exceeded level of safety as described in Part 21 of 14 C.F.R. Therefore this exemption will not adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR45.23 Display of Marks This section outlines regulations requiring specific location(s) and size of aircraft marks. I seek relief from this rule because, given the size of my UAS, and the lack of cabin, cockpit or pilot station, two-inch lettering is difficult to place on such asmall aircraft. Instead of following this requirement, I will mark the UAS in lettering that is as large as practicable so that the PIC, VO, or other observers will see the markings. This exemption will therefore not adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR61.113 (a) & (b) Private Pilot Privileges and Limitations This section describes regulations concerning certification of pilots. I seek relief from this rule because the risks associated with the operation of a UAS are lesser than and often uncorrelatedwith the risks associated with the commercial and private aircraft operations contemplated by Part 61 when drafted. The skills required to fly large, manned aircraft are substantially different from the skills required to remotely operate a small UAS. Also, manned aerial vehicles weighing significantly more than small drones (such as ultralight vehicles) as well as small UAS legally operated by hobbyists, operate without the need for pilot certification. Requiring a private or commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose an undue burden of time and cost on me , most particularly in light of the FAA’s Small UAS Notice of Proposed Rulemaking which proposes that small UAS pilots be considered ‘operators’ required to meet certain requirements that do not include pilot’s license. Instead of following this requirement, to minimize risk and maximize safety, all UAS operations will be controlled and limited, and all flights will be planned and coordinated prior to operations: •prior to operations, Benjamin Farren’s PIC(s) will go through a documented process of dedicated ground school and flight lessons in accordance with manufacturer and industry guides. • all PIC’s will only operate the UAS as stated in this document, flying at altitudes well below the permissible limits for other civil aircraft, and within a geographical area under the control of Benjamin Farren’sclients. •the PIC will be designated before a flight and will not transfer control at any time during a flight. •Benjamin Farren’s PICs will comply with upcoming FAA Operator Certification and Responsibilities once they are finalized.

This exemption will therefore not adversely affect safety or will provide a level of safety equal to the existing rule. More information about pilot safety can be found in the Operation of the Unmanned Aircraft to Minimize Risk to the NAS, People and Property section of this document.

14 CFR91.105 Flight Crewmembers at S tations This section outlines regulations for flight crewmembers inside an aircraft. We seek relief from this rule because there is no flight crew onboard a small UAS. Instead of following this requirement, in keeping with the direction of the regulation, the PIC of the UAS and VO will be at their respective crewmember stations on the ground during takeoff and landing as well as the complete duration of the flight. By instituting this procedure this exemption will therefore not adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR91.109 (a) Flight Instruction This section provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. We seek relief from this rule because UAS do not have fully functioning dual controls. Instead, flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. This exemption will therefore not adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR91.119 (c) Minimum safe altitudes: General. This section establishes minimum altitudes for operation of civil aircraft. We seek relief from this rule because the services we intend to provide for the public good may require photo or video images captured from an altitude of less than 4 00 feet.Instead of following this requirement, all UAS flights will be conducted with within visual line of sight and with prior permission from the owner of the property or municipality. All persons, vessels, vehicles, not directly involved with the operation will be notified and cleared of the area where UAS operations will be conducted. Given my policies of advance notice and access restricted area, and given the size, weight, maneuverability and speed of my UAS, I will maintain an equivalent or higher level of safety of that described in this rule.

14 CFR91.121 Altimeter settings This section defines regulations for altimeter settings. I seek relief from this rule concerning altimeter settings because: myUAS has no altimeter settings. Instead, electronic GPS downlinks telemetry data in real time to the PIC’s ground-based on-screen display as to the altitude (AGL) of the UAS above the takeoff location. This exemption will not adversely affect safety, as my PIC will provide a level of safety equal to the existing rule by confirming the altitude of the launch site shown on the GPS altitude indicator prior to each flight.

14 CFR91.151 (a) Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” I seek relief from this rule because our UAS runs on battery instead of fuel, and most of my UAS flights last less than the 30 minute reserve requirement. Instead of following this requirement, an equivalent level of safety will be achieved by following the UAS manufacturer’s operating documents with regard to battery voltage. To ensure safety and maintain adequate communication between radio contol and the UAS, our PIC will not begin a flight with a battery holding less than 75% charge; and will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the intended landing point at normal cruising speed and land the UAS with no less than 15% of battery power. A landing sequence will be initiated at the 20 % warning and the UAS automatically initiates landing sequence at 15% charge while still under PIC control. Through implementation of these procedures, this exemption will not adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR91.203 Carrying Civil Aircraft Certification and Registration This regulation pertains to display of airworthiness certification within an aircraft. I seek relief from this rule because my small UAS weighs less than 10 pounds, and is operated without an onboard pilot. There are no passengers or crew; and no cabin or cockpit entrance upon which to display certificates. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the PIC will have immediate access to them, and be able to provide them upon request.

14 CFR91.405 (a) Maintenance required; 14 CFR91.407 (a) (1) Operation after maintenance, preventive maintenance, rebuilding, or alteration; 14 CFR91.409 (a) (2) Inspections; and 14 CFR91.417 (a) & (b) Maintenance records I seek relief from these 4 rules because these regulations only apply to aircraft with an airworthiness certificate, and will not, therefore, apply to Benjamin Farren’s UAS. I seek reliefalso because the FAA has not developed maintenance standards for UAS that would allow an UAS operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a UAS for return to service or to conduct the initial airworthiness and annual return to service inspections as required. Instead of following these requirements, I will: •perform preventative and required maintenance on each aircraft as per the owner’s manuals. •inspect my UAS before and after each flight to ensure that the UAS is in a condition for safe flight. •conduct a test flight on each aircraft following any major repairs. •properly note all discrepancies, maintenance, and alterations in a Maintenance Log. Therefore this exemption would not adversely affect safety or would provide a level of safety equal to the existing rule. More information about maintenance procedures can be found in the Operation of the Unmanned Aircraft to Minimize Risk to the NAS, People and Propertysection of this document.

14 CFR91.7 (a) Civil aircraft airworthiness This section states that “no person may operate a civil aircraft unless it is in an airworthy condition.” I seek relief from this rule based on the fact that Benjamin Farren ’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary. An equivalent level of safety will be achieved through the guidance from our pilot training, and operational risk management for each activity.

14 CFR91.9 (b) Civil aircraft flight manual, marking, and placard requirements This section requires an aircraft flight manual in the aircraft. I seek relief from this rule based on the small size of our UAS and the fact that my UAS carries no onboard pilots or passengers. Given its size and configuration there is no room or capacity in myUAS to carry such an item. This regulation is therefore inapplicable. An equivalent level of compliance will be achieved by keeping my versions of these documents at the ground control point where the PIC will have immediate access to them, and be able to provide them upon request.

——————————————————————————————————————————

Public Benefit: how our request would benefit the public as a whole Granting Benjamin Farren the ability to operate small UAS safely and legally in the National Airspace System will have the following positive economic and societal impacts on local communities, businesses, organizations and community members:

! benefit local business marketing by offering state-of-the-art aerial photography and videography

! provide economic stimulus and public benefit by providing an effective means by which companies or individuals looking to relocate to an area can use up-to-date, high-quality photos and videos of real estate properties to learn about properties, neighborhoods and communities! provide non-profit organizations as well as schools and universities and local municipalities ways to showcase facilities, document events, and educate the public

All of the above services:

! are otherwise unavailable to the public, given the UAS’s the ability to:

○ safely capture images from 0 to 400 feet.

○ create images that are more up-to-date and more closely defined than Google Earth-type satellite images.

○ create images at prices lower than that of traditional helicopter and airplane photography and videography.

! increase safety of and reduce risk to the public and the NAS by:

○ replacing large manned helicopter and airplane flights with small UAS flights, thereby reducing air and noise pollution as well as the dangers inherent in flying aircraft loaded with crewmembers and combusti ble fuel close to people and property.

! reduce environmental pollution and reliance on fossil fuels by replacing fueled aircraft flights

with battery-operated UAS flights.

Operation of the Unmanned Aircraft to Minimize Risk to the NAS, People and Property Concerning my commercial UAS flight operations, I take seriously myobligation to clearly define operational borders, and implement operational risk management procedures to ensure the public safety of persons and property both in the air and on the ground. While Benjmain Farren currently provides photography and videography services in northern California, I may at times contract with clients throughout the U.S. My area of intended operations include a range of population areas, from urban to rural, with some areas, especially coastal ones, experiencing seasonal increases and decreases in activity from both people and aircraft. My operations will take into account these variations in populations and activities.

Meeting or exceeding COA requirements to perform commercial operations in low-risk, controlled environments, our UAS will be operated:

during daytime Visual Flight Rules (VFR) conditions and visual meteorological conditions (VMC). within visual line of sight (VLOS) of the Pilot in Command (PIC) or the Visual Observer (VO), in accordance with the statutory Section 333(b)(1) mandate. in such a manner that the PIC and VO are able to communicate verbally at all times; and that the VO can assist the PIC with seeing and avoiding other air traffic and other ground-based obstacles/obstructions.

I will not operate my UAS:

at altitudes exceeding 400 feet AGL in winds exceeding 25 knots. at airspeeds greater than the maximum recommended by the manufacturer. less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.near areas where general public is within 200 feet; or directly over any person except authorized personnel and consenting inspection personnel, unless operations nearer to the PIC do not present an undue hazard to those persons; or unless 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. near power lines, wind turbines, or elevated lights; or within areas of airspace restrictions such as the one imposed by the National Park Service. near airports, heliports, or military bases; more specifically:

○ In accordance with the statutory Section 333 mandate regarding proximity to airports, I will stay certain distances away from airports or heliports: 5 NM from an airport having an operational control tower; or 3 NM from airport w/ a published instrument flight procedure, but not operational tower; or 2 NM from an airport w/out published instrument flight procedure or an operational tower; or 2 NM from a heliport with a published instrument flight procedure.

○ I will 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 issued to the exemption holder. The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request. If I intend to conduct operations in controlled airspaces which have existing requirements to notify Flight Standards District Offices (FSDOs) prior to operations – such as motion picture and television filming, or pipeline and powerline patrol – I will contact the local FSDO and comply with their procedures, such as filing a NOTAM as per their request.

MyFlight Operations and Procedures Manual, will include procedures for:

! conducting a preflight safety risk assessment to determine that the UAS is in a condition for safe flight, i.e. completing a preflight inspection checklist to ensure the UAS’s airworthiness. If the inspection reveals a condition that affects the safe operation of the UAS and/or the Ground Control Station, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

! maintaining a Flight Log (noting UAS flight time, Control Unit operation time, incident reports, etc.); and making said Log available to the FAA if requested.

! conducting initial and ongoing training of PICs and VOs. A ll persons not essential for flight operations will be considered nonparticipants, and the PIC will operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR 91.119.

! evaluating the operational abilities of PICs and VOs on a regular basis.

! maintaining and repairing the aircraft to ensure that it is in a condition for safe operation by:

○ following the UAS manufacturer’s maintenance, overhaul, replacement inspection, and life limit requirements and safety bulletins for the aircraft and its components.

○ installing firmware updates provided by the manufacturer.

○ keeping a Maintenance Log noting all maintenance, inspection, alterations, and status of replacement/overhaul component parts in the aircraft records, including total time in service, description of work, and signature of the authorized person returning the UAS to service; and making said Log available to the FAA if requested.

○ verifying condition of flight batteries and calibrating the Inertial Measurement Unit (IMU) using manufacturer software.

○ conducting a functional test flight on any UAS that has undergone maintenance or alterations that affect the UAS operation; said functional test flight will be conducted by a PIC with a VOand so as to not pose an undue hazard to persons and property; and recorded in the aircraft records.

! procedures that ensure that the planned operation can be completed safely, such as:

○ checking local sectional (air) charts, notam (notice to airmen), etc. prior to the flight.

○ conducting a pre-flight visual survey of the area to consider characteristics of the area of intended operation(s) and the associated potential hazards regarding proximity to populated areas.

○ remaining clear and giving way to all manned aviation operations and activities at all times.

○ aborting a flight and landing the UAS at the nearest and safest ground point in the event of safety breaches, potential danger, unpredicted obstacles or emergencies.

○ using a fresh, fully-charged battery with each flight as a safety precaution, to ensure safety

and maintain adequate communication between radio contol and the UAS; and not operating my UAS at or below manufacturer recommend minimum charge levels for operation.

Also:

! Flight operations will be performed only at the request of and with the authorization and permission of clients (property owner/controller) or their authorized representatives.

! Caution signs will be placed at the site of aerial operations to warn people that aircraft operations are in progress.

! Our Client Agreements will reserve us the right to decline a photo shoot if conditions of the location (e.g. proximity of power lines) may cause unacceptable risk; and to reschedule a photo shoot if weather conditions such as precipitation or wind speed become a factor.

! The operating documents for our UAS, and any revisions, will be accessible during UAS operations and made available to the Administrator or law enforcement official upon request.

Summary for Federal Register Benjamin Farren, of Rohnert Park, CA, seeks exemption from Federal Aviation Regulations pursuant to 14 C.F.R. and Section 333 of the FAA Modernization and Reform Act of 2012 for the purpose of commercially operating small Unmanned Aircraft Systems (UAS) safely and legally in the National Airspace System.

Specifically, Benjamin Farren seeks relief from the following sections of the current regulations: 14 CFR 21subpart H - Certification procedures; Airworthiness Certificates;14 CFR 45.23 - Display of Marks;14 CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations;14 CFR 91.105 Flight crewmembers at stations;14 CFR 91.109 (a) Flight instruction;14 CFR 91.119 (c) Minimum safe altitudes;14 CFR 91.121 - Altimeter settings;14 CFR 91.151 (a) - Fuel Requirements for Flight in VFR Conditions;14 CFR 91.203 Carrying Civil Aircraft Certification and Registration;14 CFR 91.405 (a) 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2)Maintenance required; Operation after maintenance, preventive maintenance, rebuilding or alteration;14 CFR 91.417 (a)&(b) Maintenance Records; 14 CFR 91.7 (a) - Civil Aircraft Airworthiness;14 CFR 91.9 (b) Civil aircraft flight manual, marking, and placard requirements.

Benjamin Farren intends to use small UAS to provide aerial photography and videography services to businesses, organizations and community members. More specifically, I intend to:

! enable businesses to benefit through the use of state-of-the-art visual marketing materials

! provide non-profit organizations as well as schools and universities and local municipalities ways to showcase facilities, document events, and educate the publicThe enhanced safety achieved using an UAS with the specifications described herein, and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, should give the FAA good cause to find that such exemption is in the public interest. By granting this request for exemption, the FAA will facilitate the smooth integration of UAS into the NAS.

Additional Information, Design Characteristics, Aircraft Performance and Performance Limitations, and Conditions of UAS to be Operated

UAS described below:

DJI Phantom 3 Professional

! utilize 4 counter-rotating propellers for balance, control and stability

! is equipped with GPS to maintain geospatial orientation and position

! use Return Home safety technology and Auto Landing feature if UAS loses transmitter signal

! is controlled primarily through FCC approved RF spectrum transmitter/controller/receivers; and FCC approved RF spectrum EIRP with transmitting power of 100 mW for dedicated wifi transmitter/receiver between UAS.

! send real time video and telemetry information is transmitted back to a ground control station, allowing PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle.

! has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC.

! has audible and visual sequential low battery warnings set at 30% charge and 15% charge

remaining. The UAS automatically initiates landing sequence at 15% charge while still under PIC control. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state.

! Gross weight of less than 3 pounds including camera and battery

! Cruising speed of 15 knots, with a maximum speed of 31 knots and maximum altitude of 6000m

! Maximum flight time of 23 minutes

! FCC compliant Radio Frequency (RF) spectrum 2.400 GHz2.483 GHz

! manual available at http://www.dji.com/product/phantom3/download