April 24, 2015

U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue SE 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: **Request:** In order to provide safe and environmentally

- friendly aerial videography

and photograph y for public and business interests , I, Robert Calton, would like to formally submit for exemption s from the following Section 333 regul ations: 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), so that Imay operate the DJ I Phantom 3 UAS along the guidelines of the accompan yi ng operator’s manual as well as FAA guidelines for UAS flight. This particular UAS weighs less than three pounds, will al way s be flown under 400 feet, is electricall y 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) . These proposed exemption s would allow me to operate the DJI Phantom 3 Professional UAS for commercial purpose s of aerial videography and p hotography

as a service to public and business interests , including: real

- estate photograph y and videograph y, wedding and private individual ph otograph y and videograph y, public and commercial photograph y and videograph y, and agricultural photograph y and videograph y . Pursuant to exemption No. 12045 (Viglianti ), the FAA recently approved similar use of the DJ I Phantom 3 UAS. These UASs have been p roven reliable and safe flying machines managed by gy roscopicall y- stabil ized flight, ground detection , GPS

aided navigation, a built

- in compass, blinking LED lights , manual and automatic failsafe mode s for returning to the controller , and propeller guards in order to protect both the UAS and the environment

. This particular model combines state

- of

- the

- art, proven technology

wi th high quality

manufacturing and user - friendly control to ensure safe operation and easy

maintenance

. **Specific section or sections of 14 CFR which I seek relief and the reason I seek relief:**  14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the aircrafts to be utilized by I , Robert Calton , an exemption from Part 21 meets the requirements of an equivalent levelof safety under Part 11 and Section 333 of the Reform Act. Pursuant with Exemption No.

12045, “i n all cases, an analy sis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restri ctions and conditions proposed.”
14 C.F .R. 45.23: Display of marks: general Because the DJ I Phantom 3 The UAS will not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which t o mark words, numbers, or phrases, I request exemption from the above regulation. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command Pursuant to Exemption 12045, “ The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the air manship skills necessary

for similarly

proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138.” 14 C.F.R 91.7: Civil aircraft airworthiness Currently there is no ce rtificate applicable to UAS, and therefore it will be up to my self, Robert Calton, to determine the airworthiness of the DJ I Phantom 3 in accordance with its official operating manual

. Pre

- / post

- flight inspections of the propellers, motors, frame, landing stands, camera and gimbal will be performed before and after each flight, accurate records of which will be kept with the UAS’s storage and transportation sy stem at all times. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements Pursuant to Exemptio n 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 b y m aintaining a safety/ f light manual with the operator.” 14 C.F.R. 91.119(c): M

inimum safe altitudes I, Robert Calton will ensure that the UAS does not operate any higher than 400 feet at ground level. I will not fly over congested areas. I will plan operations before hand for proper flight safety

and proper height anal ys is as to av oid collisions. 14 C.F.R. 91.121: Altimeter settings The DJ I Phantom 3 utilizes electronic GPS with a barometric sensor with live data output to the mobile device attached to the transmitter . An equivalent level of safety will be achieved b y using this

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

The UAS that I will fly is electrically

- powered by lithium ion batteries which are made by DJ I specifically

for this particular UAS

. They are rated at no longer than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currently 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, Robert Calton, however will alway s fly safel y while having the manuals of the DJ I Phantom 3

. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive 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 only appl y to aircraft with an airworthiness certificate. However I , Robert Calton, will perform both preflight and postflight inspections of the UAS before and after each flight as o utlined in the operating documents. I , Robert Calton , will also follow manufacturer recommendations from said operating documents.
**Public Interest:** Aerial photograph y and videograph y provided to the public allows for a more cost

effective and environmentally

- friendl y method to capturin g imagery than its alternative: manned aircraft and helicopters. The latter are expensive, create lots of noise, and are much more hazardous due to size and combustible fuel. I, Robert Calton , in addition to using m y UAS f

or commercial endeavors, will also offer m y services upon request and with proper coordination to any official search and rescue or emergency services organization to benefit the public. Given that 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 25mph), safe operation of this craft does not pose any immediate danger to the environment, wildlife, or people. Given its GPS and ground

sensing capabilities, a “return” mode will safel y return the craft to my self, Robert Calton, at the push of a button or automatically when the craft is low on power. This ensures that the craft will not remain airborne in unsafe conditions. The addition of UAS

- controlled aeri al video and photography provides both public and commercial sectors wi th an environmentall y- friendly and cost

- effective means by which to obtain photograph y and videograph y services. Because of this, an increase of commercial activity

and a gaining of mo re detailed understanding of private and/or farm land would help local and area communities by : reducing pollution, risk, and operating costs by alternative aerial video and photography services such as manned airplanes and helicopters, reducing carbon emissions and traffic congestion by vehicles looking to viewproperties such as real

- estate or farm land, and increase visibility to local attractions thereb y bolstering local commerce and tourism. **Summary** I, Robert Calton , 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, Robert Calton , will be seeking to make m y UAS photograph y/videography se rvices available to public and commercial interests. Alternativel y , public and commercial interests had previously sought the use of manned aircraft to achieve what I can offer in a sa fer, more cost

efficient and environmentally

- friendl y manner b y not using combustible fuel, flying at safe heights and strictl y following the usage recommendations from DJ I. These include but are not limit ed to: ● Flying the DJ I Phantom 3 safel y in accordance with its operator’s manual ● Alway s f

lying below 400 feet ● Thorough i nspection 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 ● Using an observer to assist if needed ● Remain safely clear of and do not interfere with manned aircraft operations ● Not intentionally

fl y dangerously over unprotected persons or moving vehicles ● Contact an airport or control tower before fl yi ng within 5 miles of their vicinity ● Not flying in adverse weather conditions such as high winds , rain, or impared visibility ● Not flying under the influence of alcohol or drugs ● Ensure the operating environment i s safe ● Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc. ● Check and follow all local laws and ordinances before flying over private property ● Do not conduct surveil lance or photograph persons in areas where there is an expectation of privacy

without the individual's permission Sincerel y, Robert N. Calton 1061 E. Park St. #35 Carbondale, IL 62901 rcalton@siu.edu