Exemption Request for David Ho PursuantToSection 3 3 3ofthe FAA Reform Act of2012
1/14/15 UnitedStates Department ofTransportation Docket Operations 1200 New JerseyAve.SE West Building Ground Floor Room W12-BO WashingtonDC 20590 Re: Exemption Request Pursuant ToSection 3 3 3 ofthe FAA Reform Act of2012 Dear Siror Madam: I am writingpursuantto the FAA Modernization and Reform Act of2012 (the "ReformAct 11) Andtheprocedures containedin 14 C.F .R. 11, torequest thatDavid Ho, owners and operators ofa DJI Phantom 2Vision Plus Vs.o model no. PV331 (Serial # PH645472832) UNMANNED AIRCRAFT SYSTEMS (UAS), and a transportable ground station. ThePHANTOM is referred to as a quad-copter with themaximmn gross weight ofabout 3pounds. Itis equipped with four rotors that are driven by electric motors powered by batteries. The Phantom has a maximmn airspeed of30 knots and to be exemptedfi·om the Federal Aviation Regulations (FAR's) listedbelow. The exemption is needed in order to operate a small lightweight unmanned aircraft system (UNMANNED AIRCRAFT SYSTEMS (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will be conducted within and under the conditions outlined herein or as may be established By the FAA as required by Section 333.§1 1.8 I. Thefollowing aspects ofSection 333 ofthe FAA Modernization and ReformAct of2012 should be considered. Thefollowing information is submittedto meet the requirement ofthe above act. 1. Name and address: a. David Ho b. 8312 Callista, FrankfortII 60423 c. Office: 779-324-0788 d. Email: David@aerialphoto.pics 2. The SpecificSections ofTitle 14 ofthe Code ofFederalRegulationsfrom WhichDavidHo Requests Exemptionare: 14 CFR21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) &(b); 14 C.F.R. 91, etseq.; 14 CFR407 (a) (1); 14 CFR409 (a) (2); and, 14 FR417(a)&(b).

3. The extentofreliefyouseek, andthereasonyou seekrelief: David Ho, respectfully submits this request in harmony with the Refmm Act, 112 P.L. 95 

### §§ 331-334, pursuing r·eprieve from any currently applicable FARs operating to preclude me, David Ho intended use is saleable aerial cinematography in video or still format within the Greater Chicago region to provideinformation for intended parties that enhances real estate listings or any legal business that provide supplementary tool adding a greater degree offlexibility which supplements the presentabilities obtainableby manned aircraft inside thenational airspace system. The Reform Actin Section 332 provides for such incorporation ofcivil unmanned aircraft systems intoour national airspace system as it is in the public's interest to do so. David Ho's, DJI Phantom 2 Vision Plus V3.o model no. PV331 (Serial 

### # PH6454·72832) quad-copter small UNMANNED AIRCRAFT SYSTEMS (UAS), meets the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration of my ultra-light weight UNMANNED AIRCRAFT SYSTEMS (UAS) is expressly considered by the Reform Act. David Ho would like to operate my DJI Phantom 2 Vision Plus Vs.omodel no. PV331 (Serial# PH645472832) ultra-lightweight UNMANNEDAIRCRAFT SYSTEMS (UAS), prior to the time period, by which the Reform Act requires the FAA to broadcast rules governing such craft. The Reform Act guides the Secretary in defining the types of UNMANNED AIRCRAFT SYSTEMS (UAS)'s that may operate safely in

### 1Exemption Requestfor David Ho PursuantTo Section 3 3 3 ofthe FAA Reform Act of2012

our national airspace system. Considerations include:The weight, size, speed and overall capabilities ofthe UNMANNED AIRCRAFT SYSTEMS (UAS)'s; whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated near airports or heavily populated areas; and, Whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated by line of sight. My DJI Phantom 2 Vision Plus V3.o model no. PV3S 1 (Serial # PH645472832) UNMANNED AIRCRAFT SYSTEMS (UAS) operates four (4·) counter-rotating propellers for stability, control and steadiness. My UNMANNED AIRCRAFT SYSTEMS (UAS) is equipped with GPS and auto return safety technology. Weighing less than five (5) pounds farbelow the maximum 55 pound limit); includingcamera withgimbal. Operation ofthe UNMANNED AIRCRAFT SYSTEMS (UAS) preceding flight and post flight must be operated in a check list format and that safety is paramount with each flight. My DJI Phantom 2 Vision Plus V3.o model no. PV331 (Serial 

### # PH645472832) is designed to hover in place via GPS and operate in less than a 22 knots (25 mph) wind. David Ho operates this UNMANNED AIRCRAFT SYSTEMS (UAS) with 

### in mind that safety, stability and fear of detrimental financial loss, I will notfly inwinds exceeding 13 knots (15 mph). Built in safety systems include a GPS mode that allows my UNMANNED AIRCRAFT SYSTEMS (UAS) to hover in place when radio controls are released. This is the safest, most dependable and unwavering mode to prevent accident and hazard. When pilot communication is lost UNMANNED AIRCRAFT SYSTEMS (UAS) is designed to slowly descend to point of origination, the UNMANNED AIRCRAFT SYSTEMS (UAS) has afunction that instantaneously video records once communication is lost. I do not and will not operate my UNMANNED AIRCRAFT SYSTEMS (UAS) near airports, Hospitals or helipads, and do not operate near areas where generalpublic is one hundred (100) yards depending on location, conditions and weather. David Ho is constantly vigilant on alert for any manned aircraft and prepared either avoid and shall yield the right-of-way to all aircraft and operate in a manner to avoid any type ofcollision hazard with respect to persons on the ground or property and to land/terminate instantly to the nearby and safest ground point should a manned aircraft approach my location or suspect manned aircraft may approach near my location, My DJI Phantom 2 Vision Plus V3.o model no. PV331 (Serial 

### # PH645472832) UNMANNED AIRCRAFT SYSTEMS (UAS) is capable of vertical and horizontal operations, and are flown only within myline ofsight ofme. As 

### the Remote controlledpilot The UNMANNED AIRCRAFT SYSTEMS (UAS) is operation under the power ofa battery power rather than combustiblefuels, flights generallylastbetweenten (10) to 15 minutes, with an altitude under three hundred fifty (300) feet.

4. HowRequestWill Benefitthe Public As A Whole: In-flight videography for topographical awareness and real estate marketing or any legal business utilizing aerial photographs or video has been around for an extensive period oftime done with manned fixed wing aircraft and helicopters. For the small budget businessperson the expense ofsuch aerial Videography is enormously fee and cost prohibitive. Depriving, many others ofthe smaller businessperson from exploiting a valuable advertising tool. Manned aircraft exposes a superior hazard to the public through conceivable cataclysmic crash causing loss to property and or life. UNMANNED AIRCRAFT SYSTEMS (UAS) pose no such hazards due its size, speed and nonexistence offlammable fuel significantly reduces any potential threat to thepublic.

5. Reasons WhyExemptionWillNotAdverselyAffectSafetyorHowthe ExemptionWillProvide a Level ofSafetyAt LeastEqualToExistingRule: DavidHo's safety protocols will enhance safety; exemptionwill not adversely affect safety. In addition I, submit the following representations ofenhancements to current aerial videography and photography for real estate or any legal business requiringphotographicimages:

DJI Phantom2 Vision

### + SerialNumber:PH6454728S2 weighs less than 5pounds complete with DJI Factoryinstalled camera:

**~** The Phantom 2 Vision +,firmware programmed fOr maximum 300 feet Above ground level and 1000 feet radius distance are limited distancefor maintainingVisual sight line ofoperation. Most intended operation will only requires range of25- 125 above ground level and less than 200 feet lateral distancefrom Pilot in command.



### 2Exemption Request for David Ho PursuantTo SectionS 33 ofthe FAA Reform Act of20l2
Current firmware upgrades for:

**~** Main Controller

**~** GPS

**~** Receiver

**~·** Battery

**~** Zen IMU Current Physical upgrades: )I;> DJI factory Prop Guards
1. I for one always obtain all essential permissions prior to operation and postings a warningsign reading "Attention Use ofQuad RotorDrone for Aerial Photography in progress- Remain Back 125 feet"; 2. I for one will conduct operations under strict personal and flight safety protocols and constantly strive to update and enhance safety protocols; S. Ifor one conductextensivepre-flight inspections andprotocol, during which saf€tycarries principal importance; 4. No payloads other than gimbaled camera; 5. I for one onlyoperate in reasonably safe environmentthatare strictly controlled, are away from power lines, elevatedlights, airports and actively populated areas; 6. Ifor one, pilotmy UNMANNEDAIRCRAFTSYSTEMS(UAS) throughremote control only by line ofsight; 7. I for one, only operate my UNMANNED AIRCRAFT SYSTEMS (UAS) with a height limitation set for a maximum of 300 feet ABOVE GROUND L E VE L . ( Operating -25% inside the 4·00 foot permissible ceiling set by the FAA Modernization and Reform Act of20l2); 8. I for one, UNMANNED AIRCRAFT SYSTEMS (UAS) only operate for 3-7 minutes perflight, well with in tolerances issued by themanufacture; 9. I for one will land my UNMANNED AIRCRAFT SYSTEMS (UAS) prior to manufacturer recommended minimum level ofbatterypower; lO. I for one will employ the GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost and continues to record flight as per manufacture settings; 11. I for one will maintain records specific to retain until the work is repeated or superseded by other work for one year afterthe work is perfmmed; 12. I for one will maintainrecords shall retain and transferred with the aircraft atthetime the aircraft is sold; 13. I for one will list or denote in records a list ofdefects furnished to a registered owner or operator shall be retained until defects are repaired and the aircraftis approved for return service;
David Ho's operating procedures exceeding existing rules. First, the possible loss of life is lessened because UNMANNED AIRCRAFT SYSTEMS (UAS)'s carry nopilots orpassengers on board and I only operate my UNMANNED AIRCRAFTSYSTEMS (UAS) safely in the direct detailed areas ofoperation versus fixed wing or helicopter requires travel to the region of need. Second, there is no fuel on board an UNMANNED AIRCRAFT SYSTEMS (UAS) and thus theprobability for fire or explosions is significantly diminished. Lastley, the small size and extremely maneuverability ofmy UNMANNEDAIRCRAFT SYSTEMS (UAS) allow me toremotely pilot away from hazards quickly andsafely.



### 3Exemption Request for David Ho Pursuant To Section .'3 .'3 .'3 ofthe FAA Reform Act of2012

6. ASummaryTheFAAMayPublishintheFederalRegister:
14 C.F.R. 21 and 14· C.F.R. 91: Airworthiness Certificates, Manuals and theLike.

14· C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets fOrth requirements for procurement of necessary airworthiness certificates in relation to FAR 

### § 91.20.'3(a)(1). The size, weight and enclosed operational area ofmy, David Ho's, UNMANNED AIRCRAFTSYSTEMS (UAS) petmits exemption from Part 21 because my UNMANNED AIRCRAFT SYSTEMS (UAS) meets (and exceeds) an equivalent level of safety pursuant to Section .'3.'3.'3 of the Reform Act. TheFAA is authorized toexempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. 

### § 44·701 

### (f)) and Section 3.'3.'3 of the Reform Act. Both pieces oflegislation permit the FAA to exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s from the airworthiness certificate requirement in consideration oftheweight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, David Ho's, current and projected UNMANNED AIRCRAFT SYSTEMS (UAS)'s meet or exceed each of the details.

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 isinapplicable.

14 C.F.R. 

### §91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no on board pilots orpassengers, and given the size of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An equivalentlevel ofsafety will be achieved by maintaining safety/flight manual delineating areas of where safety can be defined.(See Enclosed) The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 87.'37, 8738,9299, 9299A, 9565, 9565B, 10167, l0167A, 10602, 10700 and32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UNMANNED AIRCRAFT SYSTEMS (UAS) utilizes electronicglobal positioning systems with abarometricsensor. 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 ofsafety will be achieved by maintaining any suchrequired certifications and registrations by me, David Ho. 14 C.F.R. 

### §45.2.'3: Marking ofthe Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UNMANNED AIRCRAFTSYSTEMS (UAS) are, by definition, unmanned. Theytherefore do not have acabin, 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 UNMANNED AIRCRAFT SYSTEMS (UAS)s 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 spotter with the UAV will see the markings. The FAA has previously issued exemptionstothis regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. 

### §61.ll3: 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, David Ho, can achieve an equivalent level of safety as achieved by current Regulations because my UNMANNED AIRCRAFT SYSTEMS (UAS) does not carry any pilots orpassengers. Further, while helpful, apilot license will not ensure remote control piloting skills. The risks attended to the operation of my UNMANNED AIRCRAFT SYSTEMS (UAS) is far less than the risk levels inherent in the commercial activities outlined

### 4Exemption Request for David Ho Pursuant To Section 3 3 3 ofthe FAA Reform Actof2012

in 14 C.F.R. § 61, et seq. Thus, allowing me, David Ho, to operate my UNMANNED AIRCRAFT SYSTEMS (UAS) meet and exceed current safety levels in relation to 14C.F.R. §61.113 (a) & (b).

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

H 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 UNMANNED AIRCRAFT SYSTEMS (UAS) will never operate at an altitude greater than 300 ABOVE GROUND LEVEL; safely below the standat-d of 4,00 ABOVE GROUND LEVEL. I, David Ho, will however operate my UNMANNED AIRCRAfT SYSTEMS (UAS) in safe areas away from public and traffic, providing a level ofsafety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UNMANNED AIRCRAFT SYSTEMS (UAS), an equivalentor higher level ofsafety will beachieved. 14 C.f.R. 91.405 (a); 407 (a) (I); 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 ofthis pa1i and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter. ..." These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, David Ho's, UNMANNED AIRCRAfT SYSTEMS (UAS). However, as a safeguard I inspect my UNMANNED AIRCRAfT SYSTEMS (UAS) beforehand and afterward each flight.

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, sets forth requirements for procurementofnecessary airworthiness certificates in relation to FAR§91.203(a)(1). The size, weight and enclosed operational area ofmy UNMANNED AIRCRAFT SYSTEMS (UAS) permit exemption from Part 21 because my, David Ho's, UNMANNEDAIRCRAFTSYSTEMS(UAS) meets an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement underboththe Act (4·9 U.S.C. 

### §44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAA to exempt UNMANNEDAIRCRAFTSYSTEMS (UAS)'s fi"'m the airworthinesscertificaterequirementin consideration of the weight, size, speed, maneuverability and proximitytoareas such as airports and dense populations. MyUNMANNED AIRCRAFT SYSTEMS (UAS) meets or exceeds each ofthe elements. 14· C.F.R. 91.7(a) prohibits the operation ofan 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 pilots or passengers, and given the size ofthe UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is inapplicable. An equivalent level ofsafety 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 anydamaged hardware. Therefore, an equivalent levelofsafety 

### will be achieved.
7. Thereisno request to exercisetheprivileges ofyour exemptionoutside theUnitedStates. Respec{u ly submitted,

David Ho



### 5