**Kenneth Dungey, Tucson Arizona**

**- Section 333 Exemption Petition** 

April 18th 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

**Re:** Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam,
I, Kenneth Dungey, amwriting pursuanttothe FAA Modernization and ReformActof 2012 and the procedures containedwithin 14 C.F.R. 11,to requestthat I, Kenneth Dungey, anowner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Kenneth Dungey, may operate my small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Kenneth Dungey, an Current FAA licensed Private Pilot, (Single Engine land); experienced in flying hobby helicopters for recreational purposes. I have added a hobby grade quad

-copter 1 UAS to my inventory equipped with a onboard camera with intent for aerial videography/cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the metro Tucson area, and augment real estate and special event photos/video;following exemption and approval by the FAA. Thereby enhancing their academic research experience for the metro Tucson area. I plan to add a second quad

-copter DJI Inspire to my inventory in the future with comparable safety capabilities.

I have flown small RC electric multirotors for over four (4) years, and have been flying RC aircraft for over twenty five (25) years
. I have also recently completed a 3 sUAS Multorotor Operator Course given by AUV Flight Services located in Tucson.Committed to safety with each flight. My, Kenneth Dungey’s, exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Conducting predetermined operation in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Kenneth Dungey,

1 Appendix A

– DJI Phantom quadcopter Operator Manualhave personally instilled safety protocols and controls to avoid and prevent public hazard, as

well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specificto real estatevideo and photography and private event usage as I, Kenneth Dungey, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.
Granting my, Kenneth Dungey’s, request comports with the Secretary ofTransportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further I, Kenneth Dungey, will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, Kenneth Dungey, respectfully request the grant of an
exemption allowing me to operate ultra light weight, remote controlled UAS’s for academic community awareness to benefit/stimulate attraction to the metro Tucson area and to enhance real estate photos/videos and special events who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

**I. Contact Information:** Kenneth Dungey P.O Box 65241 Tucson, AZ 85728 Telephone: (520)400

-4888 Email: kendungey@sbcglobal.net

**II**

. **The Specific**  **Sections of**  **Title 14**  **of the**  **Code of**  **Federal Regulations**  **From Which**  **Kenneth Dungey**  **Requests Exemption are:** 
14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

**III. The Extent of relief Kenneth Dungey** **seeks and the Reason He Seeks Such Relief:**
I, Kenneth Dungey, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

-334, seeking relief from any currently applicable FARs operating to prevent me, Kenneth Dungey, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civilunmanned aircraft systems into our national airspace system as it is in the public’s interest to

do so. My, Kenneth Dungey’s, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 andthereforethe integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS 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 informationforformal regulation that can be administered uniformly toall real estate/ special event related UAS aerial video and photography.The ReformActguidesthe Secretary in determiningthetypes of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each ofthese items reflect infavor of an exemptionfor me, Kenneth Dungey

. My UAS utilizes four (4) rotating propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.
I, Kenneth Dungey, consider safety asforemost with eachflight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place when radio controls
are released. With three modes to choose from, I utilize the GPS Mode 2 for aerial videography/photography. This is the safest, most reliable andstable mode to prevent accident and hazard. When pilot communication is lost this UAS is designed slowly descend to point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within twenty five to fifty (25

-50) yards depending
on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My UAS is capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between three (5) to
seven (10) minutes, with an altitude under one two hundred (200) feet. I, Kenneth Dungey, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is eighteen (18) to twenty (20) minutes as tested. I do not operate my UAS at or below manufacture recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked

2 GPS Mode includes, position hold, self

-leveling, altitude command, GPS, return home feature, and safety control to return home or land in the event of communication interruption between RC transmitter and UAS. See Appendix A

- Operator Manual.numerous practice flights in remote areas as a hobbyist simulating flights for future commercial

use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety.
I, Kenneth Dungey, am extremely cautious when operating of my UAS/ultra light weight unmanned aircraft andwill not “create a hazardto users ofthe national airspace system orthe public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspacesystem. Kenneth Dungey’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**I have**  **met the**  **current qualifications**  **and have** **far exceeded**  **the current**  **requirement :**  as determined by the FAA, 4 require "...25 hours oftotal time as a UAS rotorcraftpilot including at least 10 hours logged as a UAS pilot with a multi

-rotor UAS...a minimum of 5 hours as UAS pilot operating the make and model of UAS to be used..."

**IV. How Kenneth Dungey** **’s Request Will Benefit the Public As A Whole:** 

Aerialvideography forgeographical awarenessand for real estate marketing andspecial events has been aroundfor a longtimethrough mannedfixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash that theTucson community has experienced inthe pastwith military aircraft and medical helicopter crasheswithin the city of Tucson. Each resulting in loss of life. Eachwith combustible fuel that exploded and burned on impact. Police helicopters have made emergency hard landings within city limits. My, Kenneth Dungey's, UAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimedthat it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, Kenneth Dungey’s, exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around the metro Tucson area. My ultra light weight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.

4Appendix

- D Flight Log
The public’s interest isfurthered by minimizing ecological and crashthreat by permitting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting me, Kenneth Dungey, to immediately fly within national air space furthers economic growth.Granting my exemption request substantially furthers the economic impact for the metro

Tucson communityfor companies lookingto relocate or build intheTucson metro area as well
as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

**V. Reasons**  **Why Kenneth**  **Dungey ’s**  **Exemption Will**  **Not Adversely**  **Affect Safety**  **Or How**  **The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule** **:** My, Kenneth Dungey’s, exemption will not adversely affect safety. Quite the contrary, for the
reasons stated permitting me, Kenneth Dungey, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, for development in cooperation withthe FAA. In addition I, Kenneth Dungey, submit the following representations of enhancements to current aerial videography and photography for real estate:
My UAS weighs less than 5 pounds complete; I only operate my UAS below 200 feet (well withinthe400foot permissible ceiling set bythe FAA Modernization and ReformAct of 2012); my UAS only operate for 5

-10 minutes per flight; I land my UAS prior to manufacturer recommended minimum level of battery power;

 I pilot my UAS through remote control only by line of sight;

 My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

 I actively analyzeflight data and other sources of information to constantly update and enhance safety protocols;

 I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas;

 I conduct extensive pre-flight inspections and protocol, during which safety carries primary importance;

 I always obtains all necessary permissions prior to operation; and,

 I have procedures in place to abort flights in the event of safety breaches or potential danger.
My, Kenneth Dungey’s, safety protocols provide a level of safety equalto or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered ultra light weight UAS.
First,the potential loss of life is diminished because UAS's carry no people on board and I only operates my UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS andthusthe potentialforfire or explosions is greatly diminished.Third,the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoidhazards quickly and safely. Lastly, given its small size and weight, even when close enough to

capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom.
Accordingly, my UAS has been experimentally operatedforfamiliarization/competency andwill continue to operate at and above current safety levels.

**VI. A Summary The FAA May Publish in the Federal Register:**

A. 14 C.F.R. 21 and 14 C.F.R. 91:Airworthiness Certificates, Manuals andThe Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of
necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Kenneth Dungey’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) 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. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, Kenneth Dungey’s, current and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As
no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there
are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Kenneth Dungey

.
B. 14 C.F.R. § 45.23: Marking ofThe Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked accordingto certain specifications. My UAS are, by definition, unmanned.Theytherefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotterwiththe UAVwill seethe markings.The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a)&

(b), private pilots are limited to non-commercial operations. I, Kenneth Dungey, am a current FAA certified private (single engine land).Thus, allowing me, Kenneth Dungey,to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Kenneth Dungey, will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above

-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.

. . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Kenneth Dungey's, UAS. However, as a safety precaution I inspect my UAS before and aftereach flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, setsforth requirementsfor procurement of necessary airworthiness certificates in relationto FAR § 91.203(a)(1).The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Kenneth Dungey’s, UAS meets 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. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual inthe aircraft. Asthere are no pilots or passengers, and giventhe size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.
**In summary, Kenneth Dungey** **seeks an exemption from the following Regulations:** 

14 C.F.R. 21, subpart H; 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. § 91.103(b); 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) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. §

91.407 (a)(1); 14 C.F.R. §91.409 (a)(2); 14 C.F.R. §91.409 (a ) (2); and, 14 C.F.R. §§91.417 (a)& (b) to commercially operate my, Kenneth Dungey's, small unmanned vehicle/lightweight unmanned aircraftvehicle in community awareness and real estate operations, andto develop economic platforms for real estate to enhance the experience of those seeking to relocate to the metro Tucson area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risktothe public. Granting my, Kenneth Dungey’s, requestfor exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I, Kenneth Dungey, have been informally analyzingflight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There
are no personnel on board my, Kenneth Dungey’s, UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Kenneth Dungey’s, operation of my UAS, weighing lessthan 5 pounds andtravelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Kenneth Dungey, respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.
Respectfully submitted,

Kenneth Dungey P.O. Box 65241 Tucson, AZ 85728