September 22, 2015

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

Petition of Drone 1 Aerial Photography for exemption pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Lance H. Hughes., owner of Drone 1 Aerial Photography, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are

conducted within and under the conditions outlined herein or as established by the FAA required by Section 333, for all operators of small Unmanned Aerial Systems (UAS) (Phantom 3, Inspire 1) working for Drone 1 Aerial Photography.

Commercial operation small UAS, as described herein, w hich are equipped with cameras and sensors, the Phantom 3 or Inspire 1 would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related p rofessional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, and film/cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local g overnment authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

As d escribed fully below, the requested exemption would permit the operation of small UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in t he industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... establish requirements for the safe operation of s uch aircraft systems in the national airspace system."Applicant Information:

COMPANY : Drone 1 Aerial Photography OWNER: Lance H. Hughes

PHONE: 541

- 521

- 7818

EMAIL: drone1aerialphotography@gmail.co m ADDRESS: 1069 Throne Dr. Eugene, OR. 97402

Regulations from which exemption is requested: 14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113(a); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 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) (2); 14 CFR 91.417 (a) & (b).

The small UAS's I will be using are multi

- roto r craft (Phantom 3 / Inspire 1) weighing no more than 10 lbs. including payl oad. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted persons only obeyin g all other local and federal laws.

Given the small size of the UAV (Phantom 3 and Inspire 1) and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in th e public interest. Accordingly I request that the FAA grant my requested exemption with minimal delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed offer an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property versus using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flig ht Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum flight time for each operational flight will be 20 minutes. Flights will be termina ted at 15% battery power remaining. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator.6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight

consisting of all the days' production activities. 7. The PIC will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be r educed to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission or direction of the FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operation o f small UAS and receive up

- to

- date information for the particular small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or Camera. 9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed.

11. If the small UA S loses communications or loses GPS signal, the small UAS will have the capability to

return to a pre

- determined location within a designated location and land autonomously. 12. The small UAS will have the capability to abort a flight in case of unpredict ed obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificat es 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 Sec tion 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, upon consideration of the size, weight, speed, ope rational capability, and proximity to airports and populated areas of the particular small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and und er 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. The small UAS to be op erated

hereunder is l ess than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than

conventional o perations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the small UAS, due to its size, speed of o peration, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, coc kpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the small UAS, two

- inch lettering will be impossible. The word "Experimental" will be pl aced on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identi fication of the small UAS as "Experimental."

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in

command of an aircraft th at is carrying passengers or property for compensation or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control pil oting skills. The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation of the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exem ption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2 }: Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is avai lable in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The small UAS, given its size and configuration has no ability or place to carry such a flight manu al on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point wher e the pilot flying the small UAS will have immediate access to it.14 C.F.R. § 91.103: Preflight Action.

This regulation r equires the p ilot in command to take actions before a flight to insure the safety of the flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 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. Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box (transmitter) that communicates with the aircraft via radio communications. The FAA has approved exempti ons for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the airc raft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribe d, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to

400 AGL , or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances wher e the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perime ter, 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 small UAS as well as the location where it is operated. No flight wil l be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to f light operations with aircraft or rotorcraft weighti ng far more than the maximum 55l bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operatin g at or below 500 AGL. In addition, the

low

- altitude operations of the small UA V (Phantom 3 / Inspire 1) will ensure separation between these

uav operations and the operations of conventional aircraft complying with Section 91.119.14 C.F.R. §91.121 Alti meter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departur e." As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, co nfirming 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

Applicant requests exemption from § 91.515(a) Fuel requirements for flight in VFR condition s: the DJI Phantom 3 and Inspire 1 are 100% electric and have low battery alerts that sound per the operating documents the UAV will be landed when low battery alert sounds. The PIC will not begin a flight if weather conditions could jeopardize the safety of the flight. The UAV (Phantom 3 / Inspire 1) will be landed at the low battery alarm (15%) battery power remaining.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

Applicant requests exemption of these regulations as the small UAV (Phantom 3 / Inspire 1) fully loaded weighs no more than 10 lbs. and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the small UAS. An

equ ivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS.

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

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in

pa ragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airwo rthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UAV s are very li mited in size and will carry a small payload and operate only in restricted areas for limited periods of

time. If mechanical issues arise the small UA V can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure th at the small UAS is in working order prior to initiating 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.An equivalent level of safety will be achieved because maintenance and inspections will be performed in

accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Opera tions Manual (AOM}. T he operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance needed.

Small UAS Information

1. DJI Phantom 3 (Professional)

The Phantom 3 is a quadcopter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric motors powered by a battery. The quadcopter has a maximum airspeed of 16 m/s. Flight times will be limited to approximately 15 minu tes with landings at or before 15% battery power remaining.

2. DJI Inspire 1

The Inspire 1 is a quadcopter with a gross weight of 6.5 pounds. It is equipped with four rotors that are driven by electric motors powered by a battery. The quadcopter has a maximu m airspeed of 22 m/s. Flight times will be limited to approximately 15 minutes with landings at or before 15% battery power remaining.

If you have any questions or need additional information please contact me at

541

- 521

- 7818

Thank you,

Lance H. Hughes

Owner Drone 1 Aerial Photography