Cody Oswald Section 333 Petition February 2, 2016

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

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations and certain parts of the FARs.

Dear Sir or Madam:

This petition is being submitted on my behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Cody Oswald, the Pe titioner, applies for an exemption from the Federal Aviation Regulations (FARs) listed below in order to legally operate an Unman ned Aircraft System (UAS) in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted wit h and under conditions outlined herein or as may be established by the FAA as required by Section 333

.

Cody Oswald has demonstrated the ability to safely and effectively fly the UAS DJI Phantom 3

Advanced which will be used for all commercial and private purposes . Cody Oswald complies with local ordinances and laws regarding the operation of UAS, and adheres to all weather and environmental restrictions or limitations in reference to the operations of UAS.

All flights will occur in ordinance with any state or loc al laws regarding privacy.

I, Cody Oswald, am seeking the exemption because I am committed to complying with all of the rules, guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the

UAS in the manner that I have desc ribed both above and below. Without the exemption request granted, I would be unable to safely and effectively operate my UAS, and it is my intention to comply with the FAA and obtain an exemption of the following regulations.

The following contains my l ist of regulations from which I am seeking exemption, and a complete list of responsibilities I assume as operator; it also contains information regarding the aircraft, public benefit, safety features, and similar petition requests granted.

 14 C.F.R. Par t 21

 14 C.F.R. 45.23 (b)

 14 C.F.R. 61.113 (a) and (b)

 14 C.F.R. 91.7 (a)

 14 C.F.R. 91.9 (b)(2)

 14 C.F.R. 91.119 (c)

 14 C.F.R. 91.121

 14 C.F.R. 91.151 (a)Cody Oswald Section 333 Petition

 14 C.F.R. 91.203 (a) and (b)

 14 C.F.R. 91.405 (a )

 14 C.F.R. 91.407 (a)(1)

 14 C.F.R. 91.409 (a)(1) and (2)

 14 C.F.R. 91. 417 (a) and (b)

I am requesting these exemptions so that I may safely operate the DJI Phantom 3 Advanced UAS commercially along with the guidelines of the accompanying operator’s manual as well as FAA guidelines for UAS flight and safety guidelines set by the Academy of Model Aeronautics (AMA).

Proposed UAS and Operations

The DJI Phantom 3 Advanced weighs less than three pounds, will always be flown under 400 feet limited via software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAA guidelines). The aforementioned exemptions would allow me to operate the DJI Phantom 3 Adv anced UAS for commercial purposes of aerial crop scouting, field mapping, aerial photography , and aerial videography . Crop scouting and field mapping with a UAS has been reported to potentially reduce input costs for farmers while decreasing environmental damage from excess fertilizer, irrigation and pesticide applications. I recently graduated from South Dakota State University with my Master’s Degree in Agronomy, so I believe I could use the UAS technology to its utmost potential in an agricultural settin g. I

would also like to use the UAS for aerial photography and videography of farmsteads. This photography

/videography would allow farmstead owners to have a record of the structures present on their property for insurance purposes and would also be a keep sake for the owner.

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar

use of the DJI Phantom 3 UAS. These particular UAS have been proven reliable and safe flying machines managed by gyroscopically

- stabilized flight, ground detection, GPS

- aided navigation,

a built

- in compass, blinking LED lights, a manual and automatic failsafe “Return to Home” mode for returning to the point of takeoff, and propeller guards in order to protect both the UAS

and the environment . This particular model combines state

- of

- the

- art, proven technology with high quality manufacturing and user

- friendly control to ensure safe operation and easy

maintenance and care.

Specifc sections of 14 CFR which I seek relief and the reason(s) I see k relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045, “in all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions propose d will be at least as safe, or safer, thanCody Oswald Section 333 Petition

conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed.”

14 C.F.R. 45.23 Display of marks: general

The above regulation provides that each aircraft must d isplay “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. The DJI Phanto m 3 does not have a space to mark large words, numbers, or phrases. Howeve r I, Cody Oswald will register the DJI Phantom 3 in accordance with 14 CFR part 47, and have identification (N

- Number) marking s. Markings will be as large as practicable.

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Under §61.113 (a) and (b), certified private p ilots are limited to noncommercial operations. However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS operation and AMA safety guidelines (outlined in the summary of this document) without

such a certification be cause of the above mentioned safety features of the DJI Phantom 3. According to Exemption No. 12045 in which the DJI Phantom 3 was authorized for similar operation, “The FAA has previously declared that additional manned airship experience of a commercially certified pilot would no correlate to the airmanship skills necessary for similarly proposed operations in previously issue d exemptions to this regulation through Exemption Nos. 11062 and 11138.” Therefore, bearing any pilot certification or license will not ensure remote piloting skills of a UAS: the risks of operating this UAS are far less than the risk levels inherent

in co mmercial activities with traditional aircraft given the DJI Phantom’s safety features and the limited range and speed of the UAS. The FAA has approved a similar exemption to the above rule as evidenced in Exemption No. 12058.

14 C.F.R. 91.7: Civil aircra ft airworthiness

Currently, there is no certificate applicable to this UAS, and therefore it will be up to myself, Cody Oswald, to determine the airworthiness of the DJI Phantom 3 in accordance with its official operating manual. Written and signed pre an d post

- flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured GPS locks as indicated by the DJI Phantom’s display of “Safe to Fly” message will be pe rform ed before and after each flight, accurate records of which will be kept with the UAS’s storage and transportation system at all times. These records will be dated and will include total flight time of each flight.

14 C.F.R. 91.9 (b)(2): Civil aircra ft flight manual, marking, and placard requirements

As evidenced in Exemption 12045, since there are “no pilots or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by ma intaining a safety/flight manual with the operator.” In addition to the official safety/flight manual provided by DJI upon purchase of the Phantom 3, following the AMA guidelines for safe flight operations and the FAA regulations for UAS operations will en sure a high level of safety.Cody Oswald Section 333 Petition

14 C.F.R. 91.119(c): Minimum safe altitudes

I, Cody Oswald, will ensure that the UAS does not operate any higher than 400 feet at ground level by setting the maximum altitude at 400 feet in DJI’s pilot application and ensuri ng this is set before each flight as part of the pre

- flight inspection. I will not fly over congested areas or directly above unprotected people or moving vehicles. I will plan operations beforehand for proper flight safety and proper height analysis as to avoid collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output of which will be fed to my tablet device in real time as I operate the UAS.

14 C.F.R. 91.121: Altimeter settings

The DJI P hantom 3 utilizes the latest GPS/GLONASS technologies as well as a barometric sensor with live data output to the tablet device attached to the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achieved by using this.

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions

The DJI Phantom 3 is electrically

- powered by lithium ion batteries which are made by DJI specifically for this particular UAS. They are rated as providing no longer than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is c urrently impossible to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, Cody Oswald, however will always fly safely while having the manuals of the DJI Phantom 3 and abiding by FA A regulations for UAS operation and AMA safety guidelines.

14 C.F.R. 91.405(a): Maintenance Required 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventative maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they apply to aircraft with

an airworthiness certificate. Howeve r I, Cody Oswald, will perform both preflight and post

- flight inspections of the UAS before and after each flight as outlined in the op erating documents. I, Cody Oswald , will also follow manufacturer recommendations from said operating documents and keep a written record of any maintenance done to the UAS.Cody Oswald Section 333 Petition

Public Interest and Public Safety:

Aerial crop scouting, mapping, and photography provided to the public allows for a more cost

effective, safe, and environmentally

- friendly method to capture imagery than its alternative: manned aircraft and helicopters. The latter are expensive to operate, create a high level of noise,

and are much more hazardous due to size and combustible fuel

– especially if flown at low altitudes required for some operations. Because of this, an increase of commercial activity and a gaining of more detailed understanding of private and/or farm land would help local and area communities by: reducing pollution caused by excess fertilizer and pesticide, risk involved with large a ircrafts, and operating costs by alternative aerial video and photography services such manned airplanes and helicopters, and reducing carbon emissions and traffic congestion by vehicles looking to view properties such as real

- estate or farm land. I, Cody Oswald, in addition to using my UAS for commercial endeavors, will also gladly offer my services free of charge upon request and with proper coordination to any official search and rescue or emergency services organization to benefit the public.

Given th at there is no fuel and no crew on this UAS, that it weighs under three pounds and has propeller guards, as well as having a low maximum speed (less than 25 miles per hour), safe operation of this craft does not pose any immediate danger to the environment , wildlife, infrastructure or people. DJI has a built in “No Fly Zone” for major cities and points of interest that have registered as a “do not fly zone”. Operation of the DJI Phantom 3 cannot happen in these locations, as any flight capabilities becomes blocked by the UAS itself if within ran ge and the operator is notified. Given its GPS and ground

- sensing capabilities, a failsafe “Return to Home” mode will safely return the craft to the operator at the push of a single button or automatically when the cr aft is either low on power or operating outside of its transmitter’s range. This ensures that the craft will not remain airborne in unsafe conditions and pose and public danger.

Summary

I, Cody Oswald, am seeking exemption from the following rules: 14 C .F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the mentioned rules I, Cody Oswald, will be seeking to make my UAS crop scouting/field mapping/aerial photography and videography services available to public and

commercial interests. The FAA h as authorized similar operations under Exemption Nos. 12045 and 12053. Alternatively, public and commercial interests had previously sought the use of manned aircraft to achieve what I can offer in a safer, more cost

- efficient and environmentally friendly manner by not using combustible fuel, flying at safe heights and strictly following the usage recommendations from DJI and safety procedures by the Academy of Model Aeronautics.

These include but are not limited to:

 Flying the DJI Phantom 3 safely in acco rdance with its operator’s manual.

 Always flying below 400 feet using the DJI Phantom’s altitude limiter to ensure this.Cody Oswald Section 333 Petition

 Completing thorough inspection of UAS before and after flights and keeping inspection

records with the craft at all times

 Keeping the UAS in visual sight at all times when in operation

 Not flying directly over unprotected persons or moving vehicles

 Not operating within 5 nautical miles of an airport reference point, unless a letter of agreement with that airport ’ s management is obtained or otherwise permitted by a Certificate of Waiver or Authorization (COA) issued to the exemption holder.

 Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

 Not flying under the influence of alcohol or drugs

 Ensuring the operating environment is safe

 Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc.

 No conducting surveillance or photographing persons in areas where there is an expectation of privacy without the individual’s permission.

In addition to the usage recommendations, I, Cody Oswald, will contact customers 24 hours

in adva nce of any crop scouting, field mapping, aerial photography/videography activity to

ensure there is no other planned aerial activity by aircraft of any kind within the area in which the DJI Phantom 3 will be present.

I, Cody Oswald, will also follow and abide by the following AMA safety guidelines:

A. [DEFINITION]: A “model aircraft” is a non

- human

- carrying aircraft capable of sustained flight in the atmosphere. [This includes UAS such as the DJI Phantom 3].

1. Model aircraft will not be flown:

(a) In a careles s or reckless manner. (b) At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will:

(a) Yield the right of way to all human

- carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA

Document #540

- D.) (c) Not fly higher than approximately 400 feet above ground level or within five miles of an airport. (d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane base. (e) Not exceed a takeoff weight, including fuel, of 55 po unds. (AMA Document

520

- A.) (f) Ensure the aircraft is identified with the name and address or AMA number of

the owner on the inside or affixed to the outside of the model aircraft. (g) Not operate aircraft with metal

- blade propellers or with gaseous boosts (AMA

D ocument #555) (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversely affect the pilot’s ability to safely control the

model.Cody Oswald Section 333 Petition (i) Not operate model aircraft carrying pyrotechnic devices that explode or burn

, or any device which propels a projectile or drops any object that creates a hazard to persons or property. (j) Not operate a turbine

- powered aircraft, unless in compliance with the AMA turbine regulations. (AMA Document #510

- A).

3. Model ai

rcraft will not be f

lown in AMA sanctioned events, air shows or model

demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot is assisted by a n experienced pilot.

4. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable

standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.

2. A successful radio equipment ground

- range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired model

aircraft.

3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (AMA Document #706.) (a) Only personnel associated with flying the model aircraft are allowed at or in front of the safety li ne. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio

- control f requencies currently allowed by the Federal Communications Commission (FCC).

5. RC model aircraft will not knowingly operate within three (3) miles of any pre

- existing flying site without a frequency

- management agreement. (AMA Documents #922 and #923.)

6. With the exception of events flown under official AMA Competition Regulations, excluding takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot’s helper(s) located at the flightline

.Cody Oswald Section 333 Petition

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it is still under power, except to divert it from striking an individual.

8. The pilot of an RC model aircraft shall:

(a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot. (b) Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlin ed in AMA Document #560.

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model

aircraft is launched.

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers.

3. An effective device will be used to extinguish any [fire] on the model aircraft.

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to any aboveground electric utility lines.

5. The flying area must be clear of all nonessential participants and spectators before the engine is started.

I thank you for your time and effort in processing this request and look forward to cooperating with the FAA in its continued commitment for the safe operation of UAS. The petitioner hopes for a timely consideration.

Sincerely,

Cody Oswald

908 South 10 th Street Apt. A Norfolk, NE 68701 codyo@alliedgenetics.com

605

- 760

- 3755

Appendices:

A

- Link to DJI Phantom 3 Manual: Follow the link below http://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.pdf