Request for Section 333 Exemption Videograph y and Photograph y

03/01/16 by /for Terry Fravel

This document constitutes an exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography & Videography by /for Terry Fravel. The main use of this UAS would be creating training vide os for driving school and taking golf course photos and videos. The UAS sy stem that I plan to use is a DJ I PHANTOM 3 STANDARD.

1. The safe operation to the UAS and/or persons and/or propert y will be kept to a minimum by alway s fl yi ng the UAS within visua l ey e contact, less than 400 ft above ground and never directly above persons or public places. The orientation of flights will be such that the pilot in command (PI C) alway s has a visual on the rear mounted L ED flight Indicator. Additional safet y features on the DJ I PHANTOM 3 STANDARD include return to home, low voltage, enhanced fail

- safe. All operations will include a visual observer (VO) aiding the PIC.

2. Preflight inspection would consist of checking battery condition/level in both the transmitter

and UAS. The binding/link feature will not let the UAS start if communication is not established. A check for power

- lines, antennas and other overhead objects would be performed. Wind conditions would be monitored and be a factor for flying.

3. The radio frequency

of the DJ I PHANTOM STANDARD 3 is in 2.400GHz

- 2.483GHz range. Maximum take

- off weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s. Maximum flight speed 16 m/s (ATTI mode, no wind).

4. The PI C will be onl y my self and I have a minimum of 5 0 plus flights with the DJI PHANTOM 3 STANDARD in a hobbyist manner. Iam currently in the process of obtaining a Sport Pilot Certificate (SPC) and will only fly the drone commerciall y when the SPC is obtained. Until the SPC is ob tained commercial flight of the DJIPHANTOM 3 STANDARD will be flown by a licensed pilot. Testing, updating, and programming the DJ I PHANTOM 3 STANDARD firmware would be done on a monthly schedule.

5. Iam in good medical health and sound mental health.

6. The intended use of this DJIPHANTOM 3 STANDARD is to provide aerial images and vid eo to driving schools and golf courses

- an option that had not been viable for these businesses until the recent boom in drone popularity

. 7. All photo flights for h ire would have the date, time, GPS coordinates along with the camera metadata recorded on a hard drive. This data would be kept readily available for a period of 1
ye ar after each aerial flight for hire.8. In use flight time for UAS operation during dri ving school and golf course projects would be

no more than 60 minutes. Each battery lasts approximately

15 minutes of uninterrupted flight and I own four batteries.

9. Proximity

of local airports: there is one airport in my area of operation. Canton/Akro n Airport (CAK) . The UAS will not be o perated within 5 miles of this airport. Note: The latest fi rmware for the DJ I PHANTOM 3 STANDARD Will not allow the drone to operate within a no fly zone (airports, etc) in compliance to FAA rules and regulations.

**Req uest for an exemption/relief from Title 14, Code of Federal Regulations Part 21**  Along with Sections: 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R . 91.119 (a) (b) & (c) 14 C.F.R. 91.121 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) & (b) **The petitioner requests relief from the following regulations** : Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changin g design approvals, production approvals, airworthiness certificates, and airworthiness approvals.

**Section 45.23** (b) prescribes, in pertinent part, that when marks include only the Roman capital letter “N” and the registration number is display ed on limi ted, restricted or light

- sport category aircraft or 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 nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable. **Reason for relief:** The body of the DJ I Phantom is too small to support this size of markings. **Action:** The UAS will be marked with the bu siness name, contact information and word “Provisional” made as large as possible. In addition the serial number is listed with the manufacture and searchable on the internet.

**Section 61.113** (a) & (b) prescribes that

— (a) no person who holds a private pi lot certificate may act as a 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 an y business or emplo ym ent if: **Reason for relief:** (A) & (B) The flights are onl y i ncidental to the business of photograph y. This UAS is too small to carry a pilot or passenger and will not carry or deliver any personal propert y for hire. In addition obtaining a private pilot certificate would be an unnecessary requirement and/or hardship for the purpose of unmanned aerial photograph y.**Action:** The onl y pa yl oad for this exemption is a fixed camera. No other payload/payloads will

be allowed.

**Section 91.7** (a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworth y condition. **Reason for Relief:** Airworthy condition is not defined in the Phantom 3 Standard manual. **Action:** An airworthy

preflight inspection would be checking battery condition/level in both the transmitter and UAS. The binding/link feature will not let the Phantom Standard 3 start up if communication is not established. Check for power

- lines, antennas, and other overhead objects would be performed. Wind conditions would be monitored and be a factor for fl yi ng.

**Section 91.9** (b)(2) prohibits operation of U.S.

- registered civi l aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. **Reason for relief:** The manufacture does not have an approved Airpla ne or Rotorcraft Flight Manual. **Action:** There is a “Checklist before every flight” instruction tag attached to the body of the Phantom 3 Standard that will be followed and on page 44 of the user manual.

**Section 91.119** (a) (b) & (c) prescribes that, exce pt when necessary for takeoff or landing, no
person may

operate an aircraft below the following altitudes: (a) Any where. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or propert y on the surface. (b) Over congested areas. Over an y congested area of a cit y, town, or settlement, or over an y open air assembl y of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsel y populated

areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. **Reason for relief:** This UAS Phantom 3 Standard at most times would be operated at less than the minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, veh icle, or structure. Since the t ypical photo assignment would be photograph y driving instructors illustrating driving techniques and of golf courses it would occasionally be necessary to operate closer than 500 feet. **Action:** Operations will only be flown over property

where permission has been obtained and careful pre

- planned has been performed. If/when the low battery L ED flashes the UAS will be landed in a safe manner. Due to the small size and weight of the Phantom Profess ional 3, the hazard to persons, vehicles and structures is minimal compared to manned aircraft.

**Section 91.121** requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “to the e levation of the departure airport or an appropriate altimeter setting available before departure. **Reason for relief:** The Phantom 3 Standard is not equipped with an altimeter and can hover within a 10 foot radius in all directions. There is no minimum crui sing speed and it will not be launched from an airport.**Action:** The above ground level height will be less than 400 feet programmed into the firmware

and never flown out of visual ey e contact or at night.

**Section 91.405** (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected. **Reason for relief:** There is no certified inspection facility and the Phantom 3 Standard will not power on if it fails the POST (power on self test). **Action:** In the event that the Phantom 3 Standard needed inspection for any major or intermittent problems it would be safer to replace the entire UAS.

**Section 91.407** (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive mai ntenance, rebuilding, or alteration unless it has been approved for return to service b y a person authorized under section 43.7 of the same chapter. **Reason for relief:** Replacement of props, motors, and batteries should be allowed by the operator. In additi on updating firmware when required should be allowed. **Action:** Parts will be genuine factory replacement. Only

manufacture approved firmware will be uploaded.

**Section 91.409** (a) (2) prescribes, in pertinent part, that no person may operate an aircraft un less, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **Reason for relief:** There is no certified inspection facility or process for the Phantom 3 Standard . Estimated flight times for photo shoots would be less than 40 minutes possibly 2 times a week which would be approximately 80 minutes of flight time per week. **Action:** When an y flight or intermittent problem become apparent and is not remedied b y a simple repair the entire UAS would be replaced b y the same model or as close to the DJ I Phantom Professional 3.

**Section 91.417** (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep the following records for the period s specified in paragraph (b) of this section: **Reason for relief:** Due to the popularity , simplicity , size and limitation of the Phantom 3 Standard this could become an overburden for the owner/operator and any regulating agency

. **Action:** All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata recorded on a hard drive and also backed up to a DVD. This data would be kept readil y available for a period of 1 year after each aerial flight for hire.

**Public Interest:** Granting m y request would be in the public interest b y giving an opportunity for driving schools and golf course photographers to offer safer and more competitively priced aerial photograph y and videograph y to the general public.

**Adver sely affect safety:**  This exemption would not adversel y affect the safety of the general public due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photograph y from a manned aircraft, low altitude photograph y from a UAS wou ld be safer and have less of an environmental impact.**Additional view/comment:** As a competent photographer
, the need to offer photography from a UAS is something that will help my business and clients. Iam in hopes that th is exemption is granted so I can assist in the ground floor education and lead by good example for the good of the people. The DJ I PHANTOM 3 STANDARD will not be flown at night and never in the flight path of manned aircraft. The first condition listed to alway s keep visual ey e contact on the 22mm LED flight indicator is probably the most important. My

main objective is to offer aerial driving school training and golf course photograph y/videography at a competitive rate for the general public in the safest way

possible.

Respectfully
, Terry Fravel 1174 South Main Street NE North Canton, OH 44720 CELL: 330.933.7339