**Mr. Frederick Francis Scoville**  **- Section 333 Exemption Petition** 
**June 19, 2015**
**U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12**  **- 140**  **1200 New Jersey Ave., SE Washington, DC 20590 RE: Exemption Request Section 33 of**  **the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.109;119.121; 91.405(a); 91.407(a) (1); 91.409(a) (2)**  **91.417(a)&(b)** Dear Sir or Madam: I, Frederick F. Scoville, am writing pursuant to the FAA M odernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Frederick Francis Scoville as an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARS”) listed below so that I, Frederick Francis Scoville, may operate a small light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”) located in South Eastern Virginia (specifically in the Tidewater/Ham pton Roads area) in accordance with FAA UAS regulations & policies. This exemption request is made based on information outlined in this petition, as well as the accompanying DJI Phantom 3 Professional Operators Manual (exhibit 1) and Personal Protocols a nd Controls. The DJI Phantom 3 Professional was selected by me because it has a proven capability for controlled flight as well as a gyro stabilized flight mode, GPS aided navigation, a compass, blinking LED’s under the hull, a failsafe mode for returning home and prop guards. These devices are offered for general sale around the world and have often been used as Model Aircraft in the United States. In addition, I Frederick Francis Scoville, have previous experience flying as a Helicopter Fight Paramedic/ Aerial Observer in cooperation with the New York State Police Aviation Unit out of Stewart International Airport (SWF) for combined law enforcement, drug eradication, surveillance and search and rescue missions. I also have prior RC Aircraft experience. I n addition to these professional attributes and experiences, I am also a former Certified Law Enforcement Officer in New York. These professional qualifications have given me actual experience and certifications in protocols and controls to avoid public h azards and catastrophe in flight as well as on the ground. The former will act to further use safety protocols exclusive to lightweight UAS’s specific to photography and video usage as I, Frederick Scoville will be recording flight data and other informati on gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulations.1. Contact information Frederick Francis Scoville 412 Kendall Haven Smithfield, Virginia 23430 Mobil e: (757)951

- 3398 Email: fbuddy041@verizon.net
2. Information regarding the Phantom 3 Professional UAS **Specifically, the UAS is** : An ultra lightweight batter y operated 4 motor rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by DJI, Model Phantom 3 Professional with the following equipment :

 An on
- board flight computer with GPS navigation and location ability that receives and signals for flight controls from a ground based transmitter/controller;  An integrated on

- board camera capable of capturing imagery in the form of full color, high definition/Ultra High definition photos and video;  An on
- board telemetry system that delivers flight data from the on

- board flight computer to the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site;  A remote controller operating on 2.400 GHz

- 2.483Ghz  A 600mw, 5.8GHz on
- board radio transmitter that transmits live video form the on

- board camera plus all the flight data from the telemetry system described above; **The Ground Station Includes:**

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAS while in the air;  A 100mW, 2.4Ghz radio transmitter/controller operated by the PIC to control the UAS while in flight;  A radio receiver receiving liv e video and flight data from the on

- board camera and computer projects it all together onto a screen for the PIC to view during flight;  A Visual Observer (VO) is a person who provides a second pair of eyes to the visually track the UAS while in flight.**3. Proposed Operations** 

I, Frederick Scoville, intend to use the UAS in 3 areas. First, I seek an exemption to perform video Filming and photography by air for public and private use. Second, I will employ the UAS to Inspect land, residential, commercial and industrial structures and property. Third, I intend to volunteer my professional services for Search and Rescue and any other mission that is for the b enefit of the public such as post disaster/storm damage assessments. Specifically, I will use the UAS which is equipped with cameras and sensors, in order to engage in the following commercial activities in the Tidewater/Hampton Roads regions of Virginia :

a. Video filming by air and photography for public and private purposes, including: advertising or promotions. Filming and Photography will only be conducted with permission and under contract with registered owners or with any local government aut hority and only when safe to do so. b. Video filming by air and photography to support professional operations in engineering, land surveying and development, architecture, real estate and other related professional activities with permis sion from the owners or with any authority employed to authorize and only when safe to do so.

c. Inspection by air of infrastructure such as bridges, highways, power stations, piplines and other facilities with owners/operators permission and only when safe to do so. d. Inspection by air of land and residential, commercial and other industrial structures, only when safe to do so.

e. Support by air, providing search and rescue and reconnaissance in cases of need, emergency or natural disasters only when requested by a local government entity and only when safe to do so.
**4. Relevant Statutory Authority**  This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 (“Reform Act”). Congress has directed the the F AA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system. “Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National Air

- Space (NAS) where it is safe to do so based on the following considerations: The UAS’s size, weight, speed and operational capability;  Operation of the UAS in close proximity to airports and populated areas; and  Operation of the UAS w ithin the visual line of sight (VLOS) of the operator. Additionally, the FAA Administrato r has general authority to grant exemptions from the agency’s safety regulations and minimum standards when t he Administrator decides requested exemp tion is in the public interest (49 U.S.C. sub.sec. 106(f) (defining the authority of the Administrator); 49 U.S.C. sub. Sec. 44701(f) (permitting exemptions from sub. Sec. 44701(a), (b) and sub.sec. 44702

- 44716, et s eq.) A party requesting an exemption must explain the reason why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F. R. sub. Sec. 11.81 (petitions for exemption).
5. These Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act The proposed operations in this Petition for Exemption qualify for expedited approval Pursuant to Section 333 of the Reform Act as each of the statutory criteria and relative factors are satisfied.
6. Approval is Warranted Based on the UAS Size, Weight, Speed and Operational Capability I, Frederick Scoville, will employ the DJI Phantom 3 Professional quadcopter for the operations specified in this Petition for exemption.  The Phantom 3 Professional UAS has a maximum take

- off weight of less than 5 pounds.  Flight Speed will not exceed 15 miles per hou r, and it will not be flown in controlled airspace or at an altitude that exceeds 400 feet AGL.  All flights will be flown in such a manner that they can be safely terminated/aborted with a reserve b attery power of no less than 30% of the battery’s maximum charge.  The DJI Phantom 3 Professional does not carry flammable propellant or fuel.  The Phantom 3 Professional UAS has an integrated GPS system that calculates the UAS’s position and altitude and relays that information via a secure connection to the opera tor.  The Phantom 3 Professional UAS contains a failsafe mode if its connection to the remote control/operator is lost, and this system permits the UAS to ret urn to a predetermined location and land without injury or damage.  For additional safety, the UAV w ill be configured with prop guards **.** 7. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manual.DJI’s operators manual (exhibit 1) and the personal Protocols and Controls (exhibit 2) contain all the procedures and limi tations necessary to successfully perform the operations specified in this Petition for Exemption. 8. The public interest will be served by granting Frederick Francis Scoville a Petition for Exemption in the Tidewater/Hampton Roads areas of Virginia . Congress has established a national policy that favors early integration of UASs into the NAS in controlled, safe working environments such as those proposed in this Petition. In addition, the public also has an interest in reducing the hazards associate d with alternate methods of conducting similar operations. Currently, operations are conducted using teams that physically climb onto, underneath and around structures or use low flying aircraft that are not cost effective or are prohibitive in certain areas/environments or are not available to the end user. By using a UAS, many more hazards will be reduced and safety of the public will be increased. Additionally, the intended uses of the Phantom 3 Professional UAS as outlined in this document have iden tifiable safety benefits that include reducing the danger and emissions associated with full size aircraft. UASs have no fuel to ignite, no crew, add a greater degree of flexibility, supplement the current capabilities offered by manned aircraft
. **9. A Summar**  **y the FAA May Publish in the Federal Register:**
A. 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 91.7(a) I Frederick Francis Scoville, will ensure the UAS is in airworthy con

- dition based on compliance with the Phantom 3 Professional operating manual/doc

- uments prior to each flight. 14 C.F.R. sub.sect. 91.121 Relief is requested considering the limi ted altitude of Proposed operations.
**B. 14 C.F.R. sub. Sect. 61.113: Private Pilot Privileges and Limitations: PIC**  Pursuant to 14 C.F.R. sub sect. 61.113 (a), The FAA has previously declared that additional manned airship exper ience of a commercially certified pilot would not c orrelate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138. Pursuant to 14 C.F.R. sub sect. 61. 113(b), the stick and rudder controls of the typical aircraft one would be tra i ned on to achieve a private pilots license are completely different than that of a small UAS. Additionally, the FAA does not require manned ultralight vehicle PICs to meet any aeronautical knowledge, age, or experience requirements or to have airman or medical certificates (as outlined in 14 C.F.R. sub sect. 103). Ultra light vehicles can weigh more than 500 pounds than the Phantom 3 Professional, can carry up to 5 gallons of co mbustible fuel and fly at speeds close to double that capable by the Phantom 3 Professional.

**C. 14 C.F.R. 91.119(c): Minimum Safe Altitudes**  14 C.F.R. sub sect. 91.119(c) I, Frederick Francis Scoville, will ensure that all persons and objects not essential to flight operations must remain 500 feet away from operations. In addition to visual monitoring of the area, warning signs/cones will be posted alerting persons in the base of operations area. Propeller guards will be configured on each rotor mo unt. Flight operations/altitudes will not exceed 400 feet AGL and will be monitored by onboard flight systems as well as the PIC.
**d. 14 C.F.R. 91.151 (c): Fuel requirements for Flight in VFR Conditions** 14 C.F.R. 91.151 (c) I Frederick Francis Scoville will ensure that each individual flight will not begin unless there is enough power to fly to the first point of intended landing and land the UAS with 30% battery power remaining. In addition, each individual flight will last no longer than 20 minutes, which is approximately 5 minutes less than the manufacturers stated 25 minute flight t ime.

**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, airc raft owners and operators to “ have [ the ] aircraft inspected as prescribed in subpart E of this part a nd 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 Phantom 3 Professional UAS. However, as a safety precaution, I will inspect my UAS per operating documents before and after each flight. I will hold a hover to make sure compass and GPS are correctly configured into the controllers /systems.

**f. Conclusion** This petition for Exemption satisfies the criteria articulated inn Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight (VLOS) and national s ecurity. Additionally, the Petition provides more than adequate justification for the grant of the requested exemptions to permit Frederick Francis Scoville to operate a DJI Phantom 3 Professional UAS in the Tidewater/Hampton Roads areas of Virginia for th e operations specified herein. Granting the exemption will benefit the public interest as a whole in several ways, including significantly improving safety and reducing risk by alleviating human exposur e to danger and, improving the quality of services a nd decreasing operating costs associated with conventional flight operations for similar missions **.** Respectfully, Frederick Francis Scoville 412 Kendall Haven Smithfield, Virginia 23430 fbuddy041@verizon.net
E xhibit 1: Phantom 3 Professional Operations Manual Online Link: http://www.dji.com/product/phantom

- 3/download fs