January 27, 2016

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., Wa shington, DC 20590 RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
Dear Sir or Madam:
Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), I, James B righam Henderson
, operator of an Unmanned Aircraft Systems ("UAS") seek an exemption from the Federal Aviation Regulations ("FARs") to allow commercia l operation of an UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. I am a commercial airline pilot (Airline transport rating) with a major airline a s well as a photography enthusiast. I am well acquainted with airspace restrictions, airplane

- operating limitations, and following procedures in general. Commercial operation of the UAS, as described herein, equipped with camera(s) and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or p riva te use including television, public events, cinematography and newsgathering

.  Aerial inspection/photography of residential/commercial structures

.  Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. Instruction in the use o f UAS for Aerial photography

.

I intend to primarily operate in the area near where I live, Princeton NJ. The unique airspace issues are : 1. Princeton Airport located approximately 4 miles to the North of the center of town

. 2. Princeton University campu s which is in the center of town. I have lived in this area for the last 13 years and am well acquainted with the borders and geography. I have reviewed the aeronautical charts and visual landmarks associated with safe operating distances from the airport. As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Applicant: James Brigham Henderson, 212 Stuart Road East, Princeton NJ 08540. 609

-216

- 5343. jbrighenderson@yahoo.com Safe operation with minimal risk to person s and property will be obtained by following the Aircraft Flight manual. Preflight inspection, maintenance and repair will be performed in accordance with the Aircraft Flight Manual. The radio frequency used by this UAS and its sensors comply with the FCC requirements as stated in the Aircraft Flight Manual.
Attachments DJI Phantom 3 Professional User Manual http://www.dji.com/product/phantom

- 3/video

Regulations from which the exemption is requested: **14 CFRPart 21 subpart H 14 CFR45.23 (b)14 CFR91.7**  **(a )**  **14 CFR91.9 (b) (2) 14 CFR91.103 14 CFR91.109 14 CFR91.119 (c)**  **14 CFR91.12114 CFR91.203 (a) and (b)**

**14 CFR91.405 (al 14 CFR91.407 (a] (1) 14 CFR91.409 (a)**  **(2) 14 CFR91.417 (a) and (b)** 
Extent of Relief and W hy : **14 CFRPart 21 subpart H** The UAS to be op erated carries neither pilot nor passenger and carries no explosive materials or flammable liquids. Given the size, weight, speed and limited operating area associated with the aircraft to be utilized, I request exception. In the restricted environment and under the conditions proposed operation will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without said restrictions. **14 CFR45.23 (b)** Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on which to market certain words or phrases. Lettering would be very difficult to place on such a small aircraft and dimensions would need to be smaller than required minimums. **14 CFR91.7 (a)** As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check list prior to each flight an equivalent level of safety will be provided. **14 CFR91.9 (b) (2)** Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no room capacity, or pilot on board to adequately carry flight manual. An equivalent level of safety will be maintained by keeping the flight manual at ground control point where the pilot will have immediate access to it.**14 CFR91.103**

As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. Normal procedures including but not limited to; reviewing weather, flight battery requirement, landing and takeoff distances, along will all of those found in attachment " Pilot Training". An equivalent level of safety will be provided by preflight protocol to properly match the machine. **14 CFR91.109** UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use of a control box that communicates with the aircraft via rad io communications. The equivalent level of safety provided because neither a pilot nor passenger will be carried in the aircraft, and by the speed and size of the aircraft. **14 CFR91.113 (a) and (b)** I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry a pilot or passengers. W hile helpful, a pilots' license will not ensure remote control piloting skills. 

### 14 C.F.R. §91.119
Minimum safe altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescri bed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the

### UAS will never operate at higher than 400 AGL. It will however be

operated in a restricted area with security perimeter, where buildings a nd people will not be exposed to operations without their pre

- obtained consent.
**14 CFR91.121** The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. I believe an exemption may be needed. An equivalent level of safety is achieve by the operator receiving live flight data monitoring and confirming current altitude along with altitude of launch site shown on GPS altitude indicator. 

### 14 C.F.R. § 91.151(a) Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) Durin g the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the reserve requirement in 14 CFR §91.151, sUAS fl ights would be limited to no more than 20 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is not required. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAS in a tightly

### controlled area where only people and property owners or official

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to allevi ate given the size and speed of the sUAS. Additionally, limiting sUAS flights to no more than 20 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by lim iting flights to 20 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

**14 CFR91.203 (a) and (b)** Similar to, 14 CFR91.9 (b) (2), given the size and configuration, the UAS has no ability to carry certificate and registration documents on the aircraft. An eq uivalent level of safety will be achieved by keeping these documents, to the extent they are applicable to the UAS, at the ground control point where pilot has immediate access to them. **14 CFR91.405 (a), 14 CFR91.407 (a) (1), 14 CFR91.409 (a) (2), 14 CFR9**  **1.417 (a) and (b)** Given these sections only apply to aircraft with an airworthiness certificates, theses sections do not apply to this applicant. As a safety precaution, operator will perform preflight inspections and ensure UAS is in working condition before initiating each flight. James Brigham Henderson is seeking relief from all FARs above preventing applicant from conducting aerial photography andvideo with the DJI Phantom Professional 3 . The drone to be

used is less then 15 pounds. The weight of the UAS meets the definition of "small unmanned aircraft" found in section 331. In order to obtain high quality photography and video the UAS will be used at speeds much less than it's top speed of 33.5 mph. Due to the UAS being battery powered there are no combustible fuels onboard. Maximum flight time for this particular UAS is less then 30 minutes. Flights to be terminated with no less then 25% battery life remaining. Given the size, weight, s peed, and limited operating area associated with the aircraft to be utilized I find this exception to be reasonable with an equivalent or greater level of safety to be reached by the operator. **Safety :**  An equivalent level of safety will be achieved becaus e maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.
Pl ease see attachment “DJI Phantom 3 Professional User Manual" for safety precautions to be use for every flight.
**Ad ditionall**  **y:** 1) I will operate my UAS in accordance with the “blanket” COA for section 333. 2) I will land my UAS prior to manufacturer recommended minimum level of battery power. 4) I will pilot my UAS through remote control by line of sight. 3) My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed position and then slowly lands if communication with the remote control pilot is lost. 4) I actively analyze flight data and other sources of information to constantly update and enhance safety protocols.5) I conduct extensive pre

-flight inspections. 6) I always obtain

the necessary permissions prior to operation. 7) I have procedures in place to abort flights in the event of safety breaches or potential danger. The applicant, James Brigham Henderson has an understanding of the capabilities and safety concerns involved in using this technology as an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the a pplicant’s UAS. In addition it benefits the general public because it is much more efficient than traditional ways of using a plane or helicopter to achieve Aerial Photography and Aerial Videography. W e can now provide this level of service while being co nservative with fuel, time, emissions, noise, and other resources. Considering size, weight, speed, and absence of combustible fuels, my UAS poses much less of a safety concern for the general public when compared to manned aircraft. Thank you for your co nsideration, James Brigham Henderson