November 24, 2015

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Filed with www.regulations.gov Re: Petitions for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Avi ation Regulations Dear Madam or Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act"), P .L. 112

- 95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, Jeremy J. Skarr providing real e state , sporting e vent, wedding, and nature photography and videography services, seeks an exemption from the F ederal Aviation Regulations ("FARs") and listed below: 14 C.F.R. Part 21 14 C.F.R. 45.23 14 C.F.R. 45.29 14 C.F.R. 61.3 14 C.F.R .61.23 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 61.133(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9 14 C.F.R. 91.109(a) 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 14 CFR Subpart E (91.401

- 91.417) Summarized for purposes of Federal Regist er publication: Applicant seeks an exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.3, 14 C.F.R . 61.23, 14 C.F.R. , 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 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, 14 CFR Subpart E (91.401

- 91.417) to operate commercially a small unmanned vehicle (55lbs or less) augmenting its real estate , wedding, nature, and sporting event photo graphy and videography operations.Contact for the Applicant is:

Jeremy J. Skarr 9041 Secret Valley St

. Las Vegas, NV 89139 Phone: 702

-418

-4331 Email: jeremyskarr@gmail.com The requested exemption would authorize commercial operations using the UAV for real estate , wedding, natural, and sporting event photography and videography. These operations will be subject to strict operating conditions defined by the UAV manufacturer’s stand ards and procedures in order to ensure at least an equivalent leve l of safety to currently authorized operations using manned aircrafts. Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS. Proposed Use The main use of this UAS would be taking photos and videos for live sporting events , wedding, natural, and real estate photography . The UAS systems tha t I plan to use is a DJI Phantom 3 Professional and will be re ferenced in this document and also in the attached user manual. 1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always flying the UAS within visual eye contact, less than 400 ft above ground and never directly above persons or public places. The orientation of flights will be such that the pilot in command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional sa fety features on the DJI Phantom 3 Professional include, return to home, low voltage, enhanced failsafe along with operating in the less populated 2.4

- 2.483 GHZ frequency range.
2. Pre

-flight inspection would be checking battery condition/level in both the transmitter and UAS. The binding/link feature will not let the UAS start if communication is not established. A check for power lines, antennas and other overhead objects would be performed. Wind conditions would be monitored and be a factor for flying. 3. The ra dio frequency of the DJI Phantom 3 Professional is in the 2.4

- 2.483 GHZ range. The maximum take

-off weight less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 m/s. The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s. 4. The PIC will be only Jeremy J. Skarr who has a minimum of 1 10 hours flying time with the previous version of the Phantom 3 Professional mode l, the DJI Phantom 2 Vision Plus model , as well as the Cheerson CX

- 20, Parrot Bebop Drone , and various radio controlled helicopters . Testing, updating and programming the DJI Phantom 3 Professional firmware would be done on a monthly schedule 5. I am in good medical health and sound mental health. I h old a Nevada Class CM driver’s license (Cars/Vans/Pickups, Motorcycle). I do not need corrective lenses for vision. 6. The in tended use of this DJI Phantom 3 Professional is to expand my independent contracting business in addition to my flying as a hobby by offering aerial photography to realtors, real estateprofessionals, weddings and sports organizations. I also intend to co ntinue recreational hobbyist flying

to capture nature. The intention to offer these services is motivated by me need to pay for my Master’s of Healthcare Administration college education from Grand Canyon University . UAS aerial photography is a relatively new industry, and my early entry into the market would provide a competitive edge as a side career or even potentially a full

-time career in the future

. 7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metada ta recorded on a hard drive and backed up to cloud storage services. This data would be kept readily available for a period of 1 year after each aerial flight for hire. 8. The proposed flight time will be the lesser of 30 minutes or the time

- duration of the UAV battery. I will also file for a Certificate of Waiver or Authorization (COA). In the event that a COA request is not granted the petitioner would ask that this request for exemption still be granted with a conditional use. The DJI Phantom 3 Profe ssional will never be flown in the flight path of manned aircraft. The first condition listed to always keep visual eye contact on the 22mm LED flight indicator is probably the most important. My main objective is to offer aerial real estate , wedding, natu ral, and sporting event photography at a competitive rate for the general public in the safest way possible. Public Interest : Granting my request would be in public interest by giving an opportunity for real estate photographers and sporting event phot ographers to offer safer and more competitively priced aerial photography to the general public. Additionally, I would be able to showcase nature’s beauty along with wedding beauty from a whole new vantage point. This exemption would not adversely affect the safety of the general public due to the size, weight, and keeping of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further protections when the PIC is no longer in control of the UAS. In comparisons to aerial photog raphy from manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental impact. Thank you for your attention to this matter. Respectfully submitted, Jeremy J. SkarrANNEX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Jeremy J. Skarr requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom 3 Professional ("UAV”): 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural req uirements for the issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the size of the UAV, its very light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airw orthiness process under Part 21 Subpart H in order to achieve o r exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the UAV operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. 14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs, this requirement is impossible to match. 14. CFR §61.23: Medical certificates: Requirement and duration
Re gulations provide that a person: (1) Must hold a first

- class medical certificate: • When exercising the pilot

- in

- command privileges of an airline transport pilot certificate; • When exercising the second

- in

- command privileges of an airline transport p ilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or • When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising: • Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or • Privileges of a commercial pilot certificate

. Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the autopilot (among others a flight termination system), Jeremy J. Skar r believes that an Equivalent Level of Safety can be reached if the operator has a valid driver's license.14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated withi n a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a priva te pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; (3) The aircraft does not carry passengers or property for compensation or hire.
Gi ven the safety features of the UAV, Jeremy J. Skarr proposes that operators of the UAV should not be required to hold a commercial or private pilot certification. The equivalent level of safety will be achieved by having an operator trained UAV manufacture r, and using the integrated features of the aircraft to maintain a high level of safety during the different missions. 14 C.F.R. § 91.7(a): Civil aircraft airworthiness Subpart H, entitled Airworthiness Certificates, establishes the procedural requireme nts for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, up on consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, i n the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
14 C. F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements The equivalent level of safety will be achieved by keeping a ha rd copy of the user manual in close proximity to the operator. The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemption s Nos. 10700, 8738, 10167 and 10167A.14 C.F.R. § 91.109(a): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety during the in

-flight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's training program and through the use of experienced and qualified instructors familiar with the UAV. 14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of flammable fuel, any risk associated with these operations i s far less than those presently presented with conventional aircraft. 14 CFR 91.121: Altimeter settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set" ... to the elevatio n of the departure airport or an appropriate altimeter setting available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane un der day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the UAVs are electric

- powered, this requirement is inapplicable. In any event, given the contemplated operati ons, Jeremy J. Skarr believes that an equivalent level of safety is already achieved with the specific procedure preventing the UAVs accepting a take

- off order if the battery level is below a given value. Moreover, the manufacturers have integrated low and critical battery level warnings and implemented a "return to home" action in these situations. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:• No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAV will have immediate access to th em, to the extent they are applicable to such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 CFR Subpart E (91 .401

- 91.417): Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 a nd 91 .409 require the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Jeremy J. Skarr proposes that the maintenance of the UAVs will be accomplished by the owner or the operator according to the manufacturer’s user manual. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to th e applicant Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced herein. An equivalent level of safety will be achieved because these small UAVs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to ini tiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.