### Dec 19 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590 Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations and certain parts of the FARs. Dear Sir or Madam: **Request:** In order to provide safe and environmentally

- friendly aerial videography and Photography for public and business interests, I, Brandon Clair, would like to formally Submit for exemptions from the following Section 333 regulations: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409( a)(1) and (2), 14 C.F.R. 91.417(a) and (b), so that I may operate the DJI Phantom 3, DJI Inspire 1 UAS along the guidelines of the accompanying operator’s manual as well as FAA guidelines for UAS flight. This parti cular UAS weighs less than six pounds, wi ll always be flown under 380 feet, is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAA guidelines). These proposed exemptions would allow me to operate the DJI Phantom 3 Professional, DJI Inspire 1 UAS for commercial purposes of aerial videography and photography as a Service to public and business interests, including: real

- estate photography and Videography, wedding and private individual photography and videography, public and commercial photography and videography, and agricultural photography and videography. Pursuant to exemption No. 12045, the FAA recently approved similar use of the DJI Phantom 3, DJI Inspire 1 UAS. These UASs have been proven reliable and safe flying machines managed by gyroscopically

- stabilized flight, ground detection, GPS aided navigation, a built

- in compass, blinking LED lights, manual and automatic failsafe modes for returning to the controller, and p ropeller guards in order to protect both the UAS and the environment. This particular model combines state

- of

-the

- art, proven technology with high quality manufacturing and user

- friendly control to ensure safe operation and easy maintenance. **Specific sect ion or sections of 14 CFR which I seek relief and the reason I seek relief:**  14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the aircrafts to be utilized by I, Brandon Clair, an exemption from Part 2 1 meets the requirements of an equivalent level

### of safety under Part 11 and Section 333 of the Reform Act. Pursuant with Exemption No.

12045, “in all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certi ficate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed.” 14 C.F.R. 45.23: Display of marks: general Because the DJI Phantom 3 , DJI Inspire 1 The UAS will not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark words, numbers, or phrases, I request exemption from the above regulation. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command
Pursuant to Exemption 12045, “The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138.”
14 C.F.R 91.7: Civil aircraft airworthiness Currently there is no certificate applicable to UAS, and therefore it will be up to myse lf, Brandon Clair, to determine the airworthiness of the DJI Phantom 3 , DJI Inspire 1 in accordance with its official operating manual. Pre

-/ post

-flight inspections of the propellers, motors, frame, landing stands, camera and gimbal will be performed befo re and after each flight, accurate records of which will be kept with the UAS’s storage and transportation system at all times. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements
Pursuant to Exemption 12045, since ther e are “no pilots or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the operator.” 14 C.F.R. 91.119(c): Minimum safe altitude s I, Brandon Clair will ensure that the UAS does not operate any higher than 380 feet at ground level. I will not fly over congested areas. I will plan operations before hand for proper flight safety and proper height analysis as to avoid collisions.

14 C.F.R. 91.121: Altimeter settings The DJI Phantom 3 , DJI Inspire 1 utilizes electronic GPS with a barometric sensor with live data output to the mobile device attached to the transmitter. An equivalent level of safety will beachieved by using this.

14 C. F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions
The UAS that I will fly is electrically

- powered by lithium ion batteries which are made by DJI specifically for this particular UAS. They are rated at no longer than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 91.151. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required Currently, there are no procedures for providing airworthiness ce rtificates for the mentioned UAS. I, Brandon Clair, however will always fly safely while having the manuals of the DJI Phantom 3 , DJI Inspire 1
. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive mai ntenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certi ficate. However I, Brandon Clair, will perform both preflight and post flight inspections of the UAS before and after each flight as outlined in the opera ting documents. I, Brandon Clair, will also follow manufacturer recommendations from said operating do cuments.
**Public Interest:** Aerial photography and videography provided to the public allows for a more cost
- effective and environmentally

- friendly method to capturing imagery than its alternative: manned aircraft and helicopters. The latter are expensive, create lots of noise, and are much more hazardous due to size and co mbustible fuel. I, Brandon Clair, in addition to using my UAS for commercial endeavors, will also offer my services upon request and wi th proper coordination to any official search and rescue or emergency services organization to benefit the public. Given that there is no fuel and no crew on this UAS, that it weighs under six pounds and has propeller guards, as well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate danger to the environment, wildlife, or people. Given its GPS and ground sensing capabilities, a “return” mode will safely return th e craft to myself, Brandon Clair, at the push of a button or automatically when the craft is low on power. This ensures that the craft will not remain airborne in unsafe conditions.
The addition of UAS

- controlled aerial video and photography provides both public and commercial sectors wit h an environmentally

- friendly and cost

- effective means by which to obtain photography and videography services. Because of this, an increase of commercial activity and a gaining of more detailed understanding of private and/or farm land would help local an d area communities by: reducing pollution, risk, and operating costs by alternative aerial video and photography services such as manned airplanes and helicopters, reducing carbon emissions and traffic congestion by vehicles looking to viewproperties suc h as real

- estate or farm land, and increase visibility to local attractions

thereby bolstering local commerce and tourism.
**Summary** I, Brandon Clair, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b) With the exemptions of the mentioned rules I, Brandon Clair, will be seeking to make my UAS photography/videography services available to public and commercial interests. Alternatively, public and commercial interests had previously sough t the use of manned aircraft to achieve what I can offer in a safer, more cost
- efficient and environmentally

- friendly manner by not using combustible fuel, flying at safe heights and strictly following the usage recommendations from DJI. These include but are not limited to: ● Flying the DJI Phantom 3 , DJI Inspire 1 safely in accordance with its operator’s manual ● Always flying below 380 feet ● Thorough inspecon of UAS before and aer flights and keeping inspecon records with the craft at all times ● Keeping the UAS in visual sight at all mes when in operaon ● Using an observer to assist every time. ● Remain safely clear of and do not interfere with manned aircra operaons ● Not intenonally fly dangerously over unprotected persons or moving vehicles ● Contact an airport or cont rol tower before flying within 9 miles of their vicinity ● Not flying in adverse weather condions such as high winds, rain, or impaired visibility ● Not flying under the influence of alcohol or drugs ● Ensure the oper ating environment is safe ● Not flying over sensive infrastructure or property such as water treatment facilities, correctional facilities, etc. ● Check and follow all local laws and ordinances before flying over private property ● Do not conduct surveil lance or photograph persons in areas where there is an expectation of privacy without the individual's permission Sincerely, Brandon L. Clair 6983 Eisenhower Ave Portage IN 46368 T68224@aol.com {419}610

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