December 4, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and

Part 11 of the Federal Aviation Regulations.

Name and Address of Petitioner:

Nicholas W. Hardy

213 Geneva Drive

Aliquippa, PA 15001

412-855-7219 (Cell)

724-203-0135 (Home)

Hardynw.nh@gmail.com

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14

C.F.R. Part 11, Nicholas Hardy, the Petitioner, request exemption from the following Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System.

Regulations from which the exemption is requested:

14CFR 21 H

14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103 (b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) & (b)

14 CFR 91.417 (a) & (b)

The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations list

below.

• Aerial sensor data collection

• Aerial survey, inspection, and photogrammetry

• Aerial photography and video services

• Aerial Photography- Real time

 Fire damage inspection

Applications and Operations:

The petitioner will comply with the same conditions and limitations as provided in numerous

Section 333 exemptions granted recently. Accordingly, I respectfully ask the FAA to grant

this petition in summary fashion, and obviate Federal Register publication and public comment.
The Petitioner will not be requesting exemptions to pilot certification requirements under 14 CFR 61.113 

(A) 7 (b), as the petitioner meets certification requirements as a Commercial certificated 

ASEL/MSEL/Helicopter – Instrument rated Airplane and Helicopter rating, with Current Class II medical. 

The PIC also meets the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the 

PIC is rated on his or her pilot certificate. Certificate #3097072

The Petitioner believes the use of the UAS's is more economical and safer to use for the aforementioned

purposes. Use of the UAS rather than a manned aircraft is more economical to the consumer, and

beneficial to the general public due to its small size, low noise and minimal potential for accident.

Characteristics of the Aircraft:

The UAS to be used is the DJI Phantom 3 Advanced, a highly reliable platform perfect for precision aerial 

mapping missions thanks to the on-board

GPS and the related video feed flight management that allows the operator to plan

safely and efficiently a mission in 3D, and then monitor it in real-time. The onboard camera takes and

collects high definition still images and video that are later used to generate digital images of the

surveyed area.

The four main characteristics of the Phantom are:

1. Very Light Weight (2.82 pounds)

Its low impact energy (in the case of a controlled emergency landing) also significantly reduces the risk of 

hazardous situations.

2. Electric-powered

The Phantom 3 is electric powered. A brushless engine technology makes it silent and reliable. The UAS

intended for use contains a power storage monitoring system and fail-safe modes

to force controlled landing before the power supply drops below operational levels. Should there

be a loss of power, the UAVs are designed to perform a vertical hard landing with propellers

providing stabilizing resistance during descent.

3. Semi-automatic flight

The artificial intelligence incorporated within the DJI autopilot system continuously analyzes data from

the onboard GPS and takes care of all aspects of the flight under the supervision of the operator.

4. Option for Manual control

Additionally, the DJI system provides an override capacity that allows the operator to take manual actions

during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspends automated

operations and take manual control of the aircraft should it become necessary to respond to emergent

circumstances, thanks to the remote controller provided with the system.

5. Flight control

The DJI flight controllers, the common control platforms in the listed devices, have a

number of technological capabilities to demonstrate their airworthiness. In the event of a loss of

GPS signal, the UAS will lock in its position and automatically go to ATTI mode and remain

stable. Loss of connection to the remote control transmitter (or software navigation controller)

causes the vehicle to immediately achieve a preset altitude, and then return to its home point and

land in a controlled way.

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations:

The Petitioner requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of UAS's.

14 CFR 21 H: Airworthiness Certificates

Certification Procedures for Products and Parts

Reason for Exception

It has been determined that similar UAS's do not require an airworthiness certificate as granted in

Exemption No. 11623, 11650, 11664 and 11734.
14 CFR 45.23 (b): Marking of the Aircraft

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.

Reason for Exception

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS

will have not entrance to the cabin, cockpit or pilot station on which the work "EXPERIMENTAL" can be

placed. Given the size of the UAS, two-inch lettering will be impossible. The word "EXPERIMENTAL" will

be placed on the fuselage in compliance with 45.29 (f).

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167A.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.

Reason for Exception

It has been determined that similar UAS's do not require an airworthiness certificate, however the

petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual

and preflight checks.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

This regulation provides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation; the documentation would

not be available to the crew.

Reason for Exception

The equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the UAS will have immediate access to it. The FSS has issued the following

exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

14 CFR 91.103 (b): Preflight Instruction

This regulation requires each pilot in commend to take certain actions before flight to insure the safety

of flight. AS FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption

will be needed. The petitioner will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109: 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."

Reason for Exception

UAS's and remotely piloted aircraft, by their design so not have fully functional dual controls. 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. See exemption Nos.

5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passenger

will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of

400 feet AGL, we cannot comply with this requirement.

Reason for Exception

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing

residential areas that may be considered congested areas. That will not always be the case when

providing a 'Property Survey' flight because they could be conducted over empty lots or acreages with
no structures. In the case of flying over or near existing private property while providing aerial imagery,

property inspections, and property assessments, landowners will be notified in person by the Petitioner,

or by a card left behind by the Petitioner if requested. The Petitioner will review with the landowners of

associated risks to people and property. Due to the small size of the UAS the associated risk to persons,

vessels, vehicles and structures is not comparable to manned aircraft and should be taken into

consideration.

14 CFR 91.121: Altimeter Settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below

18,000 feet MSL.

Reason for Exception

Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude. The

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623,

11664, and 11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions

Fuel requirements for flight in VFR conditions: (a) No person may begin 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.

Reason for Exception

The UAS provides a low battery warning to indicate when you should return the UAS to the launch point.

In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go

land") action in these situations. The Petitioner will not initiate a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to

others.

14 CFR 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 19.715

is displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew.

Reason for Exception

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at a

ground control point where the pilot is flying the UAS for immediate access to the extent they are

applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this

regulation.

14 CFR 91.405 (a): Maintenance Inspections

Each owner or operator of an aircraft- (a) shall have that 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.

Reason for Exception

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the

manufacturer's recommended preflight checklist and make any repair necessary before flights occur.

The Petitioner will also maintain a log of any maintenance or repairs performed.

14 CFR 91.407 {a) {1): Maintenance

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may

operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, or

alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of this
chapter.

Reason for Exception

The Petitioner who has the responsibility for the operation and safety of the UAS will follow the

Manufactures suggested replacement parts.

14 FR 91.409 (a){l) & (2): Inspections

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with

part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of

this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part

21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for

any inspection required by this paragraph unless it is performed by a person authorized to perform

annual inspections and is entered as an "annual" inspection in the required maintenance records.

Reason for Exception

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe

flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator

shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b)

of this section: ( 1) (2) (3)

Reason for Exception

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use

approved manufactured parts for all repairs and modifications.

In Conclusion:

I, Nicholas W. Hardy, the Petitioner request for exemption from the above mentioned Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System in order to perform the Applications and Operations pertaining to my Photogrammetry and survey

work in a safe and controlled environment. The Petitioner hopes for a timely consideration as I have 

made a considerable

investment in time and finances on this project.

Sincerely,

Nicholas W. Hardy

213 Geneva Drive

Aliquippa, PA 15001

412-855-7219 (Cell)

724-203-0135 (Home)

Hardynw.nh@gmail.com