U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., S E Washington , DC 20590 November 12, 2015

Petition of Grant Piering for Exemption Pursuant to section 333 of the FAA Reform Act of 2012 and 14 C

. F.R. Part 11, Grant Piering , an operator of the DJI Phantom 3 Professional Unmanned Aircraft System ("UAS") seeks exemption from the Federal Aviation Regulations (" FARs") as described below

.

The exemption request will permit Grant Piering to operate UASs commercially for the purpose of filming and photographing property, people , events , and geographical landmarks. Grant Piering will provide a service that is beneficial to an industry that is already using , and seeking to use , UASs for these purposes with a legal and safe option while providing re levant experience and information to the FAA and UAS community

. This will benefit the public with the controlled operation of UASs by Grant Piering and increased integration into the National Airspace System ("NAS")

.

All aerial operations conducted by G rant Piering will adhere to safety, applicable FARs , Operator's Handbook, applicable Airworthiness Directives , and all other guidelines from the FAA. All operations carried out by Grant Piering will maintain the same level of safety as current manned aircraft operations. As an experienced recreational drone pilot, Grant Piering will maintain the highest of standards in all UAS operations, both commercially and recreationally

.

Flights would be conducted using the DJI Phantom 3 Professional with a built-in camera. Max aircraft weight is 1280g (2.8 lbs .), max aircraft speed is 35mph (no wind) , and max descent speed is 6.7mph.

Grant Piering is a photographer and videographer that plans to unl eash the capabilities of UASs to offer various services, in cluding:

• Aerial photography and film making • Real estate photography • Aerial surveying • Educational and resea rch operations

## Unmanned Aircraft System UASs are often viewed as superior to helicopters for performing tasks such as aerial photography and videography due to their smaller footprint, reduced noise, ease of operation , cheaper equipment , and smaller environmental impact. Grant Piering is petitioning for exemption to enable him to operate a DJ I Phantom 3 Professional equipped with a 3-axis gimbal and 4K camera. This UAS has the capability to have its max height above ground limited, radius of the distance it flies from the operator limited, as well as excluding it from Class B, C, and D airspace including a no-fly zone feature. The Phantom 3 also has an autopilot system which allows it to safely return to the designated home point , should it lose communication with the transmitter at any time provided adequate GPS signal. 

## Safety and Benefits of the UAS Grant Piering will be using the UAS in a variety of applications that generally rely on expens ive full

-size manned aircraft to complete. Small, lightweight, unmanned aerial vehicles offer a plethora of benefits over the use of full -s ized manned aircraft for real estate photography, oil/gas pipeline inspection , as well as film and photography used to support community awareness , just to name a few

. Replacing these significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Grant Piering's requested exemptions, the FAA will help drive the development of safe and successfu l commercial UAS operations, and will advance the public knowledge base for such operations. Grant Piering is committed to promoting the UAS research efforts of policy makers by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations

. This, the FAA has good cause to grant this petition.


## The above specifications meet the Model Aircraft Operating Standards as set below:

• Grant Piering will only operate the UAS in line of sight of and/or in sight of an observer, and will operate at sites that are sufficient distance from populated areas within the sterile area described in th e Flight Operations Policy Manuals (FOPM). These operations will ensure that the UAS will " not create a hazard to users of the national airspace system or the public

." • When flying UAS within 5 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full-scale aircraft. • Maximum flight time for each operational flight will be 20 minutes. • Flights will be terminated at 30% battery power reserve should that occur prior to the 20 minute limit. • The UAS will be programmed via the included DJI GO app so that it will not be able to reach an altitude of more than 400 AGL , and not more than 200 feet above an elevated platform from which filming is planned

. • The UAS operated by the petitioner weighs far less than 55 pounds, including the payload (i.e. camera , flight battery, and gimbal). • The UAS will not operate at speeds of more than 50 knots, can hover, and can simultaneously move vertically and horizontally. • The UAS operations will strictly adhere to the Reform Act's safety requ irements.The UA, powered by rechargeable batteries , is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. It also operates at lower altitudes with no people on board and will therefore reduce current risk levels, enhance safety, and reduce the likelihood of death or injury

. With a small payload and a maximum flight time of 20 minutes, this presents no threat to national security

. Low altitude photos and video from different angles are far more effective than ground based imagery for displaying the characteristics of large properties, as well as geographical landmarks and features. This method of imag ing is far less expensive than using a full sized helicopter, as was necessary in the past. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buyers and sellers of real estate property. Additionally, a request is being made to allow this UAS to be used for surveying, as well as for educational and informational purposes, all while adhering to limitations cited in this application. (a) No flight will be made with a weight exceeding 55 pounds; (b) Operations will occur in FAA Class G airspace at no more than 400ft AGL , at an airspeed of no more than 30 knots and within visual line of sight from the PIC; (c) Operations occurring within Class B airspace will require coordination and approval from the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing (114 C.F.R. §91.21S(d}(3)). (d) All flights will utilize a visual observer (VO). The VO and PIC will be able to communicate by voice at all times during a flight; (e) Flights over private property will only be conducted with prior permission from the property owner; 

### (f) All permits will be obtained from state and local governments prior to operation; (g) No flights will be conducted directly over densely populated areas (h) No operations will be conducted directly over heavily trafficked roads (i) No operations will be conducted within 5NM of an airport or heliport without prior permission.

Grant Piering respectfully requests an exemption under Section 333 from the regulations stated below, as well as any additional regulati ons that may technically apply to the operation of the UAS system to enable operation of efficient, low-risk commercial UAS flights for the activities listed above, respecting at all times the space and privacy of citizens and property while keeping our skies safe.

Sincerely

G rant PieringThe regu lations from wh ich the exemption is requested are as fo ll ows: 

### 14 C.F.R. Part 21; 14 C.F.R. 45
.23 (b) 1 4 C.F.R

. 61.113 (a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.103 (b) 14 C.F.R. 91
.109 (a) 14 C.F.R. 9 1.119 14 C.F.R. 91.121 14 C.F.R. 91
.151 (a) 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) (2) 14 C.F.R. 91.417 (a) and (b)

Part 21 prescribes, in pertinence, the procedural requirements for issuing airworthiness certificates and airworthiness approvals
. While the FAA continues to work to develop airworthiness standards for UASs , Grant Piering requests and experimental certificate be issued for the DJI Phantom 

### # Professional under either or both of the following provisions: (a) Research and development

- Testing new aircraft design concepts , new aircraft equipment, new aircraft installations , new operating techniques, or new uses for aircraft

. (b) Showing Compliance with regulations- Conducting flight tests and other operations to show compliance with the airworthiness regu lations including fl ights to show compliance for issuance of type and supplemental type certificates , flights to substantiate ma j or design changes , and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations , and customer crew training , it is assumed that an experimental certificate would permit this commercial purpose as well. Due to the aircraft characteristics, flight capabilities , and operational requirements , it is proposed that the UAS will be at least as safe , if not safer, than aconventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, it shall be requ ested here for an exemption of 14 C.F.R. Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in this document.

Section 45.23 (b) prescribes that when marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft of experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit , or pilot station , in letters not less than 2 inches and no more than 6 inches high, the words "limited ," "restricted ," "light-sport," "experimental," or "provisional," as applicable. Because ofthe size ofthe aircraft_ wepropose to install the "N" on the fuselage butdo not think there is adequate space to also place any ofthe categories mentioned. Section 61
. 113 (a) and (b) prescribes that- (a) no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only indidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Since we will not be carrying any passengers orpropertyfor com pensation we feel a private pilot can carry out the responsibilities ofthe PIC. Section 91.7 (a) prescribes that No person may operate a civil aircraft unless it is in an airworthy condition. An exemption is requested to 91.7 (a) because the VAS does not have to receive an airworthy condition by the FAA Section 91.103 (b) prescribes that a pilot shall , for any flight, become familiar with runway lengths at airports of intended use, and takeoff and land ing distance information. The Phantom 3 Professional does not use any runway for takeoff and the Phantom 3 will remain clear of all ramps, taxiways, airspace and runways associated with any airport. Section 91
. 109 (a) prescribes, in pertinence, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls The Phantom 3 does nothave dual flight controls and all instruction is via the one controller. We therefore request an exemptionfrom this requirementSection 91.119 prescribes that , except when necessary for takeoff or landing , no person may operate an aircraft below the following altitudes (a) Anywhere. An altitude allowing, if a power unit fails , an emergency landing without undue hazard to persons or property on the surface. The Phantom 3 will notbe operated nearanypower lines, lightposts or anypowered obstacle. (b) Over congested areas

. Over any congested area of a city , town , or settle ment , or over any open air assembly of persons , an altitude of 1 ,000 feet above the highest obstacle within a horizontal radius of 2 ,000 feet of the aircraft The Phantom 3 will not be operated over any congested areas. (c) Overother than congested areas. An attitude of 500 feet above the surface, except over open water or sparsely populated areas

. In those cases , the aircraft may not be operated closer than 500 feet to any person , vessel, vehicle , or structure

. Because ofthe small size ofthe Phantom 3 and the fact that there is no fuel an board, we feel that itpresents no risk inflying less than 500 feet from anyperson, vessel, vehicle, or structure. It will be certain_ however_ that this UAS does notpresentany hazard topersons orproperty on the surface orin any area surrounding the UAS. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. Ifthe operation is conducted without hazard to persons or property on the surface- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section , provided each person operating the helicopter comp li es with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shift-control ai rcraft may be operated at less than the minimums prescribed in paragraph (c) ofthis section. Section 91.121 req uires , in pertinence , each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure" The Phantom 3 does not hove a barometric altimeter, but uses GPS signals to compute altitude. The altitude is automatically set to zero at the takeoff point, andaltitude above ground level will be monitorred at all times via the OJ/ GOApp. Section 91.151 (a) prescribes that no person may begin 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 cru ising speed , (1) During the day, to fly after that for at least 30 minutes. Since the Phantom 3 does notcorry fuel but uses batterypower, the following is requested. The batterypercentage can be monitored in real time duringflightfrom the OJ/ GO opp, and alarms will sound when the flight battery reaches 30% power. This will be used as the initial time to returnfor a safe landing. Most flights will not exceed 10 minutes inflight_ andsince the battery has a normal23 minute flight life, this 30% foetor willprovide adequate return time. Winds will alway s be afactor in determ ining adequate return time.Section 91.203 (a) prohibits , in pertinence , any person from operating a civil aircraft unless it has w ithin it ( 1 ) an appropriate and current airworthiness certificate ; and (2) An effective U.S

. reg istration certificate issued to its owner or, for operation within the United States , the second copy of the Aircraft registration Application as provided for in §47 .31 An exemption is requested for this requirement since the Phantom 3 does not require an airworthiness certificate. Section 91 .203 (b) prescribes, in pertinence , that no person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight autho ri zation issued under §9 1.715 is disp layed at the cabin or cockpit entrance so that it is legib le to passengers or crew

. Since there is no requirement for an airworthiness certificate, this would not be appropriate. In addition, there is no place to displ ay such a certificate due to the size ofthe aircraft. Section 91 .405 (a) requires , in pertinence , t hat each owner or operator of an a ircraft 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 th is chapter. There is no approved maintenanceprogramfor the Phantom 3, but we will ensure that it goes through thorough inspection in accordance to all OJ! paperworkprovided with the Phantom 3

. Section 91.407 {a) {1) proh ibits , in pertine n ce , any person may operate any aircraft that has undergone maintenance , preventive mai ntenance , rebuild ing , or alte ration unless it has been approved for return to service by a person authorized under §43

.7 of this chapter

. After any maintenance that r equires a change of motororpropell er, the aircraft wi ll undergo a test flight by the PIC in an unpopulated area to unsure the aircraft is operating safely. Section 91
.409 {a) {2) prescribes , in pertinence, that no person may operate an aircraft unless , with in the preceding 12 calendar months , it has had an inspection for the issuance of an airworthiness certifi cate in accordance with part 21 of th is chapter

. Afterany maintenance that requires a change of motororpropeller, the aircraft will undergo a test flight by the PIC in an unpopulated ar ea to unsure the aircraft is operating safely.
Section 91 .417 {a) and {b) prescribes , in pertinence , th at- (a) Each reg istered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance , preventive maintenance , and alteration and records of the 100- hour, annual , progressive, and other requ ired or approved inspections , as appropri ate , for each aircraft (i ncluding the airframe) and each eng ine, propeller, rotor, and appliance of an a ircraft

. The records must include- (i) A description (or reference to data acceptable to the Administrator) of the work performed ; and (ii) The date of completion of the work pe rformed ; and(iii) The signature , and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information : (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworth in ess directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines , rotors, propellers , and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a) (2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. An aircraft logbook shall be maintained that will reflect all flight time on the UAS, andany maintenanceperformed. There are no lifetime parts on the Phantom 3, and no system of AD. 

### Ifthe manufacturer {011} releases information that there is a discrepancy, the issue will be rectifiedprior to the next flight ifit relates to safety. § 43

. 11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service

Grant Piering provides the following supporting documentation including: 1) Supplemental Response for Petition, 2) PHANTOM Flyi ng Flowchart V1.0 (Simplified Version), Phantom 3 Professional Quick Start Guide V1.2, 3) Phantom 3 Professional User Manual