Patrick Madden

Mailing Address: 515 Loudon Road SPOB 2266 Loudonville, NY, 12211

October 5 , 2015

U.S. Department of Transportation Docket Operations, Room W12-140 West Building Ground Floor 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

RE: Petition of Annapolis Drone Operations, LLC for Exemption pursuant to Section 333 of the FAA Reform Act.

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), and 14 CFR Part 11, Patrick Madden (the “Applicant”), a nd operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct aerial photography and videography, hereby applies for an exemption from certain Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUASs under controlled airspace that is (1) limited; (2) predetermined; and (3) controlled as to access. Approval of this proposed exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the “FAA Administrator’s”) responsibilities to “establish requirements for the safe operations of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

SUMMARY

The Applicant is a media/technology professional and plans to operate a sUAS to provide commercial services including aerial surveying, event photography and videography, real estate photography and videography and site inspections.

The Applicant seeks an exemption to operate the DJI Phantom 2 Vision Plus system (the “Phantom 2 ”) for compensation or hire within the National Airspace (“NAS”). The Phantom 2 is a vertical takeoff and landing sUAS with a Ground Control Station utilizing electronic tablet or- 2 -

smart phone systems. The Phantom 2 has a maximum gross weight of approximately 2.8 pounds, with a diagonal dimension of 23.2 inches, and a maximum speed of 16.4 feet per second. The Phantom 3 is equipped with four main rotors and driven by Lithium Polymer battery powered electric motors.

Unmann ed Aircraft Systems ar e oftentimes seen as superior to helicopters du e to th e smaller devices, cheaper equipment and personnel costs, reduced noise, and much smaller environmental impact which promotes public safety. The Applicant is petitioning for an exemption to operate the Phantom 2 equipped with a three-axis camera gimbal and a camera. This sUAS has a built in capability to limit the height it flies above the ground, and to limit the radius of the distance it flies from the operator. The Phantom 2 also has the fail safe function of the autopilot system which means if the communication between the main controller and the transmitter is disconnected, the outputs of all command sticks from the controller will go to the center position, and the system will automatically trigger Return to Home and will land safely.

A copy of the Phantom 2 User Manual and Safety Guidelines (collectively, the “User Manual”) are attached to this Application an d shoul d b e referr ed to for all performanc e limitations and flight operations.

A pre-flight inspection will be performed by the Pilot-in-Charge (the “PIC”) in accordance with the User Manual. Propellers will be inspected pre-flight and any propeller with a nick or crack will be replaced with a manufacturers authorized propeller. The sUAS will be maintained in accordance with the User Manual and only manufacturer’s authorized replacement parts will be used.

The sUAS will operate only in line of sight and will operate in accordance with the User Manual. All flights will occur over private or controlled access property with the property owner’s or their duly appointed representative’s prior consent and knowledge.

The sUAS will be operated by Mr. Madden

. Mr. Madden has 5 years experience piloting small remote controlled aircraft. Mr. Madden has significant training and experience operating the Phantom 2 , including approximately 2 0 hours of supervised operations as the pilot in charge of the Phantom 2

. Mr. Madden's experience will ensure that the sUAS is safely operated at all times.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in National Airspace (“NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rule making required by Section 332(b)(1) of this Act or the guidance required by section 334 of the Act.” In Section 332(b)(1), Congress made it clear that Section provides a mechanism for “expedited operation authorization” if several factors are met. The Applicant meets all requirements to permit FAA approval of commercial UAS operations and such an exemption should be granted.- 3 - In accordance with 14 CFR § 11.81, the Applicant provides the following information in support

o f

its petition for exemption.

I. Contact Information

Patrick Madden 515 Loudon Road SPOB 2266 Loudonville, NY, 12211 516-376-5200 me@patrick-madden.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Annapolis Drone Operations, LLC Requests Exemption are:

14 CFR Part 21 Subpart H 14 CFR Part 27, Airworthiness Standards: Normal Category Rotorcraft 14 CFR § 45.23(b) 14 CFR § 61.113(a) & (b) 14 CFR § 91.7(a) 14 CFR § 91.9(b)(2) 14 CFR § 91.103 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 § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405(a) 14 CFR § 407(a)(1) 14 CFR § 409(a)(2) 14 CFR § 417(a) & (b) 14 CFR § 91.401-91.417

III. The extent of relief you seek, the reason you seek the relief, and the reasons why the exemption will not adversely affect safety.

14 CFR Part 21, Subpart H: Airworthiness Certificates & 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 CFR § 91.203(a)(1). Given the size and limited operating area associated with Phantom 3, an exemption from Part 21, Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act.- 4 - The Federal Aviation Act (49 USC § 44701(f)) and Section 333 of the Reform Act both
aut h orize the FAA to exempt aircrafts from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases an analysis of these criteria demonstrates that a sUAS operated without an airworthiness certificate, in the restricted environment and under 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.

Here an equivalent level of safety will be reached because the sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and carries no explosive materials or flammable liquid fuels. Based on the sUAS’s light weight and carbon fiber and plastic construction, the sUAS will be at least as safe, if not safer than a conventionally certificated aircraft performing the same mission.

These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR Part 27: Airworthiness Standard: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Applicant’s sUAS would otherwise require certification under Part 27, as a rotorcraft, the Applicant requests an exemption from Part 27’s airworthiness standard for the same reasons identified in the exemption request from 14 CFR Part 21, Subpart H.

14 CFR 45.23(b), 45.27(a) and 91.9(c) – Marking and Identification Requirements

The Application seeks an exemption from the aircraft marking and identification requirements in 14 CFR 45.23(b), 45.27(a), and 91.9(c). These regulations require that 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 certain terms near each entrance to the cabin, cockpit, or pilot station, in letters not less than two inches or more than six inches high. Here, the sUAS will not be issued an airworthiness certificate and there will be no cabin or cockpit upon which certain words may be displayed. An equivalent level of safety for these exemptions will be reached by having the sUAS marked on its fuselage where the pilot, observer, and others working with the sUAS will see the identification of the sUAS as “Experimental”. The Applicant will also comply with any further requests for sUAS markings by the FAA.- 5 - 14 CFR 91. 7 Civil Aircraft Airworthiness.

No such airworthiness certificat e will be issued for th e sUA S an d therefor e this regulation is inapplicable to the Applicant’s sUAS. Th e Applicant will ensure that th e sUAS is in airworthy conditions based upon compliance with th e operatin g documents prior to every flight, and determi ne that th e sUA S ar e in safe operational condition. Given th e size of the sUA S an d the requirements contained in the User Manual for maintenanc e an d use of safety checklists prior to each flight, an equivalent level of safety will b e provided.

14 CFR 91.9 Civil Aircraft flight manual, marking and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The applicant believes the intent of this regulation is to ensure that flight manual information is available to the aircrew while operating the aircraft. The Applicant requests an exemption because the aircraft to too small to carry the documentation, and the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of Section 91.9, the Applicant proposes that a User Manual be made available to the crew at the ground station anytime the aircraft is in or preparing for flight.

14 CFR 91.103 Preflight Action

The Application seeks an exemption from 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA approved Flight Manual on board the aircraft. An FAA approved Flight Manual will not be provided for the sUAS, and therefore an exemption is required. An equivalent level of safety will be provided by following the sUAS Manual’s comprehensive preflight checklist. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data, before initiation of flight.

14 CFR 91.119 Minimum Safe Altitudes.

The regulation establishes safe altitudes of civil aircraft and states that the minimum safe altitude requirements under which an aircraft may not operate, include 500 feet above the surface and away from any person, vessel, vehicle or structure in non-congested areas. Section 91.119(d)(1) allows for a helicopter to operate at less than those altitudes when it can be operated without haz ard to persons or property on th e surfa ce, provi ded th at each person operatin g th e helicopter complies with any routes or altitudes specifically prescrib ed for helicopter by th e FAA. To provi de th e intended photography an d inspections the sUAS will normally need t o be operated within a range of between 50 an d 200 feet from the property bei ng filme d or photographed, and therefor e an exemption is required. Th e Applicant submits that an equivalent level of safety may b e achieved becaus e operations will only b e flown over property or persons where permission has been obtained an d careful pre-plann ed flight path has been performed. Th e aircraft will be operat ed a

t a lo w altitude allowing, if th e po wer fails, for an emergency landin g witho ut undue haz ard to persons or property on th e surfa ce. Base d on th e small size of th e UAS, the hazar d to persons, vehicles an d structures is limite d when com pared to manne d aircraft, which shoul d be considered in grantin g the ex ception.- 6 - 14 CFR 91.121 Altimeter settings.

This regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet above ground level (“AGL”) and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An equivalent level of safety will be achieved by following the procedures set for in the User Manual, and the PIC will use the GPS altitude indicator to constantly monitor the sUAS height, thus ensuring operation at safe altitudes.

14 CFR 91.151 Fuel Requirements for flight in VFR Conditions.

The regulation provides that no person may begin a flight in an airplane under VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes, or if in a rotorcraft for at least 30 minutes. The Applicant believes that the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The battery powering the sUAS provides for approximately 23 minutes of powered flight. An equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of remaining battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere within its limited operating area. Operation of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that. Moreover, operation will be limited to controlled areas where only people and property owners or official representative who signed waivers will be allowed. Based on these considerations an equivalent level of safety will be ensured.

14 CFR 91.203(a) & (b) Civil Aircraft: Certifications Required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.” Here the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of Section 91.203, the Applicant proposes that documents deemed appropriate for the sUAS be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the

aircraft view placard containing the following information plus the word experimental to satisfy
t he requirement of 14 CFR 45.23.

aircraft view placard containing the following information plus the word experimental to satisfy the requirement of 14 CFR 45.23.- 7 - 14 C FR Subpart E, Sections 91.401-91.417 – Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be “approved for return to service by a person authorized under 43.7” after maintenance and inspection. It is the Applicant’s intention that the PIC perform maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. Due to the size, construction and simplicity of the aircraft, the PIC can ensure an equivalent level of safety is reached.

IV. Safety and Benefits of the UAS to the Public as a whol e
The Applicant will use the sUAS in a variety of applications that generally require expensive and full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer numerous benefits over the use of full-sized manned aircraft for real property inspections, and event film and still photography. The safe operation of sUAS will allow a wider range of individuals to obtain the benefits of aerial photograph, at a manageable and reasonable cost. The public as a whole will benefit from the safer and more cost-effective availability of aerial photography. Replacing larger manned aircraft carrying crew and flammable materials with small UAS carrying no passengers or crew provides increased safety for pilots and crew. By granting the Applicant’s requested exemptions, the FAA will assist with the development and safety of commercial sUAS operations. Therefore, the FAA has good cause to grant this application.

V. A Summary for Publishing in the Federal Register

Mr. Patrick Madden seeks an exemption from the following rules:

14 CFR Part 21; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 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)(2); 14 CFR 91.417(a) & (b).

Mr. Madden seeks this exemption for the purposes of conducting aerial photography, videography and inspections for commercial and residential real estate, legal, construction and insurance industries, and event photograph and videography.

Mr. Madden does not intend to operate the sUAS outside of the United States.- 8 - VI. Conclusion.

As set forth herein, Mr. Madden seeks an exemption pursuant to 14 CFR 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the DJI Phantom 2 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012 while also advancing the interest of the public, by allowing the safe, efficient and economical operation of the DJI Phantom 3 UAS commercially within the NAS.

Dated: October 5 2015

Patrick Madden

Patrick Madden 515 Loudon Road SPOB 2266 Loudonville, NY, 12211 516-376-5200 me@patrick-madden.com