535 N. Highway 101, Ste A

Solana Beach, CA 92075

Phone: (858) 259-8212 x110

E-mail: msmith@plsaengineering.com

URL: http://www.plsaengineering.com/

June 30, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC, 20590

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of

2012 and 14 C.F.R. Part 11

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part

11, Pasco Laret Suiter & Associates ("PLSA") seeks an exemption from the Federal Aviation Regulations

detailed below for the DJI Phantom 3 Professional UAS. The maximum gross takeoff weight of this UAS is

2.8 lbs. The DJI Phantom 3 is a multi-rotor aircraft with electric propulsion. It is a commercial platforms

from DJI with a proven track record and has been approved for flights in the National Airspace under

several different FAA Section 333 Exemptions.

The requested exemption would allow PLSA to pursue commercial interests in aerial data collection

using small unmanned aircraft systems. The DJI Phantom 3 will be used for low level aerial photography of

both vacant and developed properties in support of civil engineering, planning and surveying services related

to site reconnaissance, view assessment, and surrounding development status/impact. The team at PLSA

will operate in accordance with FAA N 8900.227 and utilize both a Pilot in Command and a ground-based

visual observer. PLSA will also utilize emergency, lost link, and lost communication procedures that are

available upon request. All flights under these exemptions will be conducted with the following restrictions:

1. Flights will be in Class G airspace at no more than 200’ AGL.

2. The UAS will be operated over private property only with the permission of the owner.

3. The UAS will not be operated over populated areas.

4. The UAS will not be operated within 5 NM of an airport.

5. Operations will be limited to daytime operations under visual meteorological conditions.

6. The aircraft will remain within visual line of sight of the observer at no more than 1/2 NM range.

7. A NOTAM will be issued prior to flight operations.

8. The UAS will have a maximum GTOW of less than 55 lbs.
9. The aircraft will be U.S. registered and display the N-number.

10. The PIC and Observer will possess the certifications required under N 8900.227.

11. No operator or observer will engage in, nor may an operator or observer permit, any activity during a

critical phase of flight which could distract any operator or observer from the performance of his/her

duties or interfere in any way with the proper conduct of his/her duties.

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and

associated systems are in a condition for safe operation.

13. The PIC and observers will maintain two-way communications with each other during all operations;

if unable to maintain two-way communications, or if any condition occurs that may otherwise cause

the operation to be unsafe, the operator will immediately conclude the operation.

14. The aircraft will automatically return to a specific location if the communications link is lost.

15. All flights will be conducted below 70mph.

The regulations from which the exemption is requested are as follows. The Appendix contains details

of the PLSA operations related to showing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. §91.203(a) and (b)

• 14 C.F.R. §45.23(b)

• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b)

• 14 C.F.R. §61.133(a)

• 14 C.F.R. §91.7(a)

• 14 C.F.R. §91.9

• 14 C.F.R. §91.109(a)

• 14 C.F.R. §91.119

• 14 C.F.R. §91.121

• 14 C.F.R. §91.151(a)

• 14 C.F.R. Subpart E (§91.401 - §91.417)

UAS Overview

PLSA is submitting this request for exemption for the DJI Phantom 3 UAS. This commercial system from

DJI has been shown to be reliable and is a popular product utilized by hobbyists and professionals. PLSA

has expertise and knowledge in the operations of these systems. We will utilize training and operational

procedures that follow the guidelines presented in N 8900.227.

PLSA is planning on using the proposed UAS to pursue further commercial applications. The UAS

is multi-rotor aircraft with electric propulsion. Figure 1 below contains an image of the DJI Phantom 3

which has a GTOW of 2.8 lbs and measures 14" x 14" x 7". PLSA proposes that the small size and weight

of the UAS included in this request for exemption, flown under the guidelines of N 8900.227, will have an

equivalent level of safety to manned aircraft performing similar missions.

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Figure 1: The DJI Phantom 3 Professional UAS with 4K camera.

The name and contact information of the applicant are:

Pasco Laret Suiter & Associates

Attn: Michael Smith

Phone: (858) 259-8212 x110

E-mail: msmith@plsaengineering.com

PLSA requests exemption under Section 333 to enable safe commercial UAS operations for the

activities stated. By approving these exemptions the FAA will create benefits to the areas mentioned that is

ultimately in the public interest. Please contact us if you require additional information or clarification.

Sincerely,

Michael Smith

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APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required.

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates

as required by FAR §91.203(a). PLSA requests an exemption from these rules and will utilize an internal

airworthiness process based on MIL-HDBK 516B for an equivalent level of safety.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act 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 UAS involved.

14 C.F.R. §45.23(b) - Display of marks; general.

These regulations provide that each aircraft must display "N" and the aircraft’s registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the small size of the

UAS, this requirement is impossible to match. The equivalent level of safety will be achieved by having the

registered N-number in 1 inch lettering on the side of the fuselage.

14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration.

Regulations provide that a person must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAS in this petition and the limited flight area and the safety features integrated in

the autopilot PLSA believes that an Equivalent Level of Safety can be reached if the operator has a valid

drivers license.

14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in

Command; Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations,

and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial

pilot certificate.

PLSA requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that

above mentioned UAS may be operated by individuals who have a private pilot certificate. Based upon the

design features of the UAS, its autopilot system, and safety factors, the FAA should permit operation of

UAS by operators with a private pilot certificate when the conditions described above have been satisfied.

The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, Section 1 of FAA

Order 8900.1.

PLSA proposes to conduct operations in accordance with these restrictions. Given these conditions

and restrictions, an equivalent level of safety to manned operations will be achieved through operation with

a private pilot certificate. The risks associated with the operation of the DJI multi-rotor aircraft (given the

size, speed, operational capabilities, and lack of combustible fuel) are so much less than the level of risk

associated with fixed wing and rotorcraft operations, both private and commercial, as contemplated by Part

61, that allowing operations of these UAS, as set forth above, meets or exceeds the present level of safety

provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a).

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14 C.F.R. §91.7(a) - Civil aircraft flight manual, marking, and placard requirements

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. PLSA

requests that an exemption be granted allowing commercial operation without an airworthiness certificate.

Given the size of the aircraft self certification utilizing MIL-HDBK 516B will provide an equivalent level of

safety.

14 C.F.R. §91.9(b)- Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in

the aircraft. PLSA assumes that the intent of this requirement is to ensure that flight manual information is

available to the aircrew while operating the aircraft. PLSA requests an exemption to this requirement since

the aircraft is not only too small to carry documentation, but the documentation would not be available to

the crew. The equivalent level of safety will be achieved by keeping a hard copy of the DJI user manual

with the ground crew.

14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests

Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls. The UAS in this exemption are remotely piloted

aircraft, and, by design, not equipped with fully functional dual controls. Flight control is accomplished

through the use of a control box that communicates with the aircraft via radio communications. Utilizing a

pilot skilled in remote piloting will provide an equivalent level of safety.

14 C.F.R. §91.119 - Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption will be operating at a

maximum of 200 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety

PLSA will only fly over private property with the permission of the land owner. The land owner will be

briefed of the expected route of flight and the associated risks to persons and property on the ground. We

maintain that due to the small size of the UAS, the hazard to persons, vessels, vehicles, and structures is not

comparable to manned aircraft and should be considered in granting the exemption. Furthermore, PLSA

will not operate over congested areas nor over any open air assembly of persons.

14 C.F.R. §91.121 - Altimeter settings.

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 nautical miles of the aircraft. The UAS will fly below 200 feet AGL and will not need to

maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent

level of safety, the autopilot calculates the reference altitude (ground level) with the on-board GPS during

the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight.

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions.

The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

As the aircraft in this request are electric-powered, this requirement is inapplicable. An equivalent level of

safety is achieved through a low battery power warning. The DJI UAS are designed to automatically return

to base and land safely when the power is too low.

14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft

be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.

PLSA plans to have the PIC perform maintenance and inspection of the aircraft and "be authorized to

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition

prior to flight and conduct detailed inspections after every 10 flight hours. Additionally, checklists will be

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utilized with all of the necessary pre-flight procedures prior to every flight operation. The PIC will document

work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the

aircraft, the PIC can ensure an equivalent level of safety.

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