April 28, 2015

Khan Funk 15261 Cartagena Ct. Corpus Christi, TX 78418 Cell ( 734 ) 301 9895

Email: khanfunk@hotmail.com

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

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 1) Phantom 2 Vision+ User Manual V1. 8 20 15 ­1­ 30

2) Phantom 2 Vision Plus (Quick Start Guide)   2014­11­18 3) Phantom pilot training guide V1.1    2014­04­07

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA­2014­0481 in

the matter of the petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket No. FAA­2014­0355 in the matter of the petition of FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012 , I Khan Funk

, referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for th e purposes of aerial photography, cinematography, videography, mapping, crop surveying, inspections and other flight operations that could be performed safely and more cost effectively with theuse of small UAS at low altitude within the U.S. national airsp ace system as compared

to a manned aircraft. Operations will be performed only at the request of and with the authorization and permission of clients or their authorized age nts in order to facilitate commerce and raise awareness of the beneficial uses of small un manned air systems. So long as such operations are conducted within and under the c onditions outlined herein or as may be established by the FAA as required by Secti on 333. The conditions identified and proposed by the petitioner are drawn from refere nces 1­3.

The FARs

The petitioner seeks exemption from the above mentioned FARs fo r the following

reasons;

61.113(a) & (b) ;  The petitioner requests relief in order to facilitate the utilization of pilots, who hold a PRIVATE PILOT (or greater) ce rtificate. Any pilots operating under this exemption would be required to comply with any conditions as set forth and in a similar fashion to the previously granted exempt ions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may req uire that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification , waiver or exemption and clarification concerning the terms “congested areas” and  “dens ely populated”. The petitioner requests waiver for this condition to allow reasonab le and responsible operations in areas of subdivisions and neighborhoods if requir ed.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeter and inste ad utilizes electronic GPS with a barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraf t to operate at less than the prescribed minimums, including Exemption Nos. 2689, 57 45, and 10650. In addition, similar UAS­specific relief has been granted in Exemp tion Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25 m inutes of powered flight. Information provided in the operating documents discuss es procedures regarding remaining battery power management. Those documents contain a c ondition in which the PIC will initiate a landing procedure when battery remainin g reaches a specifiedlevel. Given the limitations on proposed operations and the loc ation of those proposed

operations, The FAA found that a reduced minimum power reserve for flight in daytime
VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to i nspect and ensure that the UAS is in a condition for safe flight in accord ance with the operating documents. The FAA found that adherence to the petitioner’s ope rating documents and the conditions and limitations specified, describing the requir ements for maintenance, inspection, and recordkeeping, were sufficient to ensure that s afety would not be adversely affected.

The UAS

The DJI Phantom 2 vision plus is a highly successful consumer g rade small rotorcraft in the quadcopter configuration with an advertised w eight of less than 44 Ounces (1242g)  designed primarily to carry aloft a high defini tion camera. It has an advertised maximum speed of less than 30 knots (15m/s) and a ma ximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by four e lectric motors with a distance between motors of less than 14 inches (350mm) It utili zes an internal inertial measuring unit (IMU) with integrated barometric sensor augmente d with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC ) unit. Real time video and telemetry information is transmitted back to a ground contr ol station allowing the operator and/or PIC to monitor battery level, GPS signal streng th, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The onboard fl ight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated w hen the battery reaches a predetermined low state. It is anticipated that flights will us ually last less than 10 minutes. More information is available in attachment 1 or http://www.dji.com/product/phantom­2­vision­plus

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 1­3 Conditions and
Limitations section and believes that the procedures specified therein are reasonableand will be utilized in order to manage and mitigate risk and e nsure public safety. A

preflight checklist will be developed and employed to ensure th at the UA airworthiness will be verified before launch. Airworthiness will be maintaine d by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure­prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to operate within 5 miles of an airport provided that;

“ The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a nontowered airport as denot ed on a current FAA­published aeronautical chart unless a letter of agr eement with that airport’s management is obtained, and the operation is con ducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request .”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the need arise. Operations within class B airspace are not requested due to the lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safet y and reduce the environmental impact as compared to similar operations conducte d with manned aircraft of greater proportions, carrying a crew and flammable fuel. Add itionally, use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their desig nees seeking an enhanced perspective for characteristics, amenities, and benefits of the ir desired photographic subjects that cannot be displayed through ground level videogra phy/photography. Aerial photography is a valuable marketing tool that can lead to incre ased commerce and enhance personal photography. Crop surveying applications could lead to decreased use of pesticides and fertilizer and conservation of water as w ell as increased crop yields and decreased costs. Aerial surveying and inspections ca n increase work site efficiency, improve volumetric estimations and reduce risks. Th e petitioner will provide clients with photographic data for these purposes on a ‘for hir e’ basis acting as an independent contractor. A visual observer will be utilized. Lia bility insurance will beobtained commensurate with the granting of this request for exemption. Flight data

including UA flight time, Control Unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application.  This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, videography, mapping, crop surveying, inspections and other flight operations”. The reason for such a general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. The petitioner's business model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby. The petitioner’s own
market research shows pent up demand for these services currently exists in the real estate market and other markets are just beginning to emerge. Although videography and photography are included in the request, the primary objective will be aerial survey of farm crops for precision agriculture.  The petitioner has identified universities and other agencies that could benefit from the operation requested in this application. A quick internet search will show that many are currently operating similar UAS in exactly this fashion without, it is assumed, FAA authorization. The petitioner has refrained from engaging in commercial use of the UAS. The primary purpose of seeking this exemption is to obtain the capability to offer those services while remaining in compliance. The petitioner has 31 years of experience in the radio control model aircraft hobby , building, teaching and flying.

Respectfully submitted,

Khan Funk