U.S. Department of Transportation July 31, 2015

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
RE: Petition for Exemption under Section 333 of the Modernization and Reform Act of 2012 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Par 11 , Aerial Data Collection Drones LLC, a small Unmanned Aircraft System ( sUAS) imaging service provider hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of sUAS to conduct aerial data collection , so long as such operations are conducted within an d under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed in this document and the attached DJI Phantom 3 Advanced UAS Operators Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access and 4) would provide safety enhancements to the a lready safe operations in the film and television industry . Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirement for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act. Susanne Mininno owner of Aerial Data Collection Drones LLC is a licensed Real Estate agent living in the Philadelphia area

. I formed Aerial Data Collection Drones LLC to pr ovide a higher level of customer service to all aspects of the real estate market . I would like to use the DJI Phantom 3 with its high definition camera commercially for videography as well as photography for residential an d commercial property, inspection and survey in the National Airspace System (NAS) in certain areas of the United States . The pilot in command (PIC) will be my husband Joseph Mininno who is a licensed FAA P rivate P ilot , Certificate # 3811578. We are both RC airplane, helicopter and sUAS pilots with years of flying experience and a safe record. We would like to expand into the commercial market to help peopl e and businesses who cannot afford the high cost of manned flight. We would also like to help our community in a search and rescue capacity should the need arise and we are asked. Aerial Data Collection Drones, LLC Susanne Mininno 505 Spruce St. Glassboro , NJ 08028 856

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- 3600 Susanne_m@verizon.netRegulations from which the exemption is requested:

14 CFR Part 21 14 CFR 45.23(b) 14 CFR 45.27(a) 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 91.121 14 CFR 91.151(a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405(a) 14 CFR 407(a) ( 1) 14 CFR 409(a) ( 2) 14 CFR 417(a) & (b) The FAA has previously issued exemption to these regulations in Exemption No. 11062, 11109, 11112, 11213
**AUTHORITY FOR EXEMPTIONS** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft mus t have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections §44702

- 44716 of this title if the Administrator finds the exem ption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a ) ( 1). Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretar y must consider:

• The sUASs’ size, weight, speed and operational capability;

• Whether the sUAS operates within the visual line of sight of the operator;

• Whether the sUAS operates outside of highly populated areas and away from close proximity to airport s. Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. 333(c).The DJ I Phantom 3 Advanced (Craft Serial # P76DCE15043159) is a vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station utilizing an electronic tablet or smart phone systems

. The DJI Phantom 3 Advanced total flight time is 23 minutes has a maximum gross weight of approximately 2 pounds 11 ounces while having a length of 16 inches, width of 16 inches, height of 8 inches and a maximum speed of approximately 29 knots. The DJI Phantom 3 Advanced is equipped with 4 main rotors; drive n by Lithium Polymer battery powered electric motors. The sUAS will operate below 200 ft. (AGL) and only in the pilot’s or visual observer’s visual line of sight at all times. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” Reform Act Section 333(b). Given the small size of the sUAS involved and the restricted environment within which they will operate, our application falls squarely within the zone of safety (an equivalent lev el of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will operate, approval of the applicati on presents no national security issue.
**DESCRIPTION OF SPECIFIC REGULATIONS** 14 CFR Part 21, Subpart H: Airworthiness certificates Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a) ( 1). Given the size and limited operating area associated with the sUAS to be utilized by Aerial Data Collection Drones LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 3 33 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 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 sUAS. In all cases, an analysis of these criteria demonstrates that the 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 operating with an airworthiness certificate without the restriction and conditions proposed. 14 CFR 45.23(b) AND 45.27(A) : Aircraft Marking This regulation requires that certain experimental, provisionally certified aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited, “restricted”, “light

- sport”, “experimental”, or “provisional”, near each entrance to a cabin, c ockpit or pilot station. Even though the UAS will have no airworthiness certificate, and exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be plac ed. Given the size of the sUAS, 2

- inch lettering wi ll be impossible. Aerial Data Collection Drones LLC will mark the sUAS “Experimental ” on the fuselage as large as possible. The DJI Phantom 3 Advanced will be identified by serial number, registered in accordance with 14 C.F.R Part 47, and have identification (N

-Number) markings in accordance with 14 C.F.R Part 45, Subpart C. Markings will be as large as possible. 14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in commandSections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the sUAS will not

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current op erations by using a FAA licensed private pilot qualified on the DJI Phantom 3 Advanced with years of experience flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no l iving things or cargo on board. The area of operation is controlled and restricted, an d all flight are planned and coordinated in advance as set forth in the Operator Manual. The risks associated with the operation of the s UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafte d, that allowing operations of the sUAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 14 CFR 91.7(a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements c ontained in the Operator Manual for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided. 14 CFR 91.9(b ) ( 2): Civil aircraft flight manual, marking and placard requirements The sUAS, given its size and configuration has no ability or place to carry such as flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivale nt level of safety will be maintained by keeping the User Manual at the ground control point where the pilot flying the sUAS will have immediate access to it. 14 CFR 91.103: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Operator Manual and safety checklists. These actions will provide an equivalent level of safety. 14 CFR 91.109: Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless the aircraft has fully functioning dual controls. By design, sUASs and remotely piloted aircraft do not h ave fully functional dual controls. Flight control is accomplished through the use of a control box tha t communicates with the sUAS via radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft. 14 CFR 91.119: Minimum safe altitudesSection 91.119 establishes safe altitudes for operation of civil aircr aft. The sUAS will never ope rate at

altitude higher than 200 AGL and all operations will occur during daylight hours under Visua l Meteorological Conditions (VMC ) only. The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because advance notice to the property owner and any onsite personnel, as well as the precautions outlined below , all affected individuals will be aware of the planned flight operations. Flight operations will be conducted at least 500 feet from all non

-participating persons (persons other than the pilot in comman d (PIC) or visual observer (VO) , vessels, vehicles and structures, unless:
1. Barriers or structures are present that sufficiently protect non

-participating persons from debris in the event of an accident. The PIC will ensure that non

-participating persons remain under such protection. If a situation arises where non

-participating p ersons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or;
2. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and; 3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a). The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations with in 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices

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- airmen. Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between the se UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 CFR 91.121: Altimeter Settings This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an altime ter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent lev el of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 CFR 91.151(a): Fuel requirements for flight in VFR conditionsSection 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. The sUAS is

limited to operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a). The battery powering the sUAS provides approximately 23 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would be limited to approximately 20 minutes in length or 25% of battery power, whichever happens first . Given the limitations on the sUAS’s proposed flight area and the loca tion of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. An equivalent level of safety can be ach ieved by limiting flights to 20 minutes, or 25% battery reserve to ensure that the sUAS lands at the ground station (as determined by the onboard monitoring system and the PI C), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from any where in its limited operating area. 14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. 14 CFR 91.405(a); 407(a) ( 1); 409(a ) ( 2); 417(a) & (b): Maintenance inspections These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Unmanned Experts. Maintenance will be accomplished by the operator pursuant to the Operator Manual. An equivalent level of sa fety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be o perating from no high er than 200 feet AGL. As provided in the Operator Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
**PU BLIC INTEREST**  Approval of exemptions allowing commercial operations of sUASs for aerial data collection enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In cont rast, a sUAS weighing 2 pounds 11 ounces and powered by batteries eliminates virtually all of that risk given thereduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew

and, therefore, will not expose them to the risks associated with manned aircraft flights. Cond ucting aerial data collection with the DJI Phantom 3 Advanced UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial flight operations. By using battery power and an electric motor, the s UAS produces no air pollution and is a viable, environmentally alternative to aircraft that burn fuel . The DJI Phantom 3 Advanced UAS, while reducing th e carbon footprint of aerial data collection , also reduces noise pollution as the sUAS is propelled by battery powered electric motor rather than an internal combustion engine. **EQUIVALENT LEVEL OF SAFETY** Aerial Data Collection Drones LLC proposes that the exemption requeste d herein apply to sUAS that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations r epresent a safety enhancement to the already safe pro tocols followed by aerial data collection operations conducted with helicopters and other conventional aircraft. Aerial Data Collection Drones LLC will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will weigh less than 3 pounds. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for eac h operational flight will be 20 minutes. Flights will be terminated at 25 % battery power reserve sho uld that occur prior to the 20 minute limit. 4. Flights will be operated at an altitude of no more than 200 feet AGL. 5. Flight operations will be conducted 5 miles from an airport and at least 3 miles from any city or densely populated area, which are depicted in yellow on VFR sectional charts. 6. Flight operations within 5 miles of an airport require notification and approval from the local Flight Standards District Office and airport controller. 7. Flight operations will occur during daylight hours and under visual meteorological conditions only. 8. The FAA will have advance notice of all operations through the filing of notices

to

- airmen. 9. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 10. The sUAS pilot will be an FAA licensed airman with at least a private pilot’s certif icate qualified to operate the DJI Phantom 3 Advanced UAS. 11. UAS pilot and visual observer will hold a valid and current US driver’s license. 12. UAS pilot and visual observer will have been trained in the operation of the sUAS. 13. UAS pilot and visual observer will at all times be able to com municate by voice. 14. Written and/or oral permission from the rele vant property holders will be obtained. 15. Flight operations will be conducted at least 500 feet from all non

-participating persons, vessels, vehicles and structures unless: a. Barriers or structures are present that sufficiently protect non

-participating pe rsons from debris in the event of an accident. The pilot will ensure that non

-participatingpersons remain under such protection. If a situation arises where non

-participating persons leave

such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and; c. Oper ations near the pilot or visual observer do not present an undue hazard to the pilot or visual observer. 16. If the sUAS loses communication or loses its GPS signal, the sUAS will have the capability to return to a safe, pre

- determined location and land. 17. T he sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.
**PRIVACY** All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial pho tography will take place.
**FEDERAL REGISTER**  **SUMMARY** Aerial Data Collection Drones LLC seeks exemption from part 21 and §§ 45.23(b), 45.27(a), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The exemption would allow commercial ope ration of a DJI Phantom 3 Advanced small Unmanned Aircraft Sys tem (sUAS ) to conduct aerial data collection in cer tain areas of the United States. 

### This **petition for exemption**  **under Section 333 of the Modernization and Reform Act of 2012**  **was electronically submitted.** The DJI Phantom 3 Advanced manual was too large to upload. If the manual is needed please let me kno w and I will mail it in ASAP.

Respectfully submitted,

Susanne Mininno Aerial Data Collection Drones LLC 505 Spruce St. Glassboro, N.J. 08028 856

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