25 August 2015

David G. Iadevaia DBA Airborne Precision Imaging (API)

5700 N Avenida Silencioso

Tucson, AZ 85750

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Petition for Exemption Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR

9 1.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1) and

(2); 14 CFR 91.417(a) and (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act ) and 14 CFR

Part 11, Airborne Precision Imaging (Petitioner) ( API ) hereby applies for an exemption from the listed

Federal Aviation Regulations (FAR) to allow commercial operation of a designated unmanned aerial

system (UAS), provided such operations are conducted within the condition s outlined herein or as may be

established by the FAA as required by Section 333.

API seeks the requested exemptions to permit it to offer aerial data collection services in the fields of

remote sensing, aerial imaging, aerial mapping and scientific survey

.

As d escribed in the following pages, the requested exemption would permit the operation of a designated

UAS as set forth in this document under controlled conditions in the National Airspace System (NAS)

that would be operated safely. Approval of this exempt ion would provide services that would reduce the

risk associated with manned solutions, in both flight and other methods of completion of the proposed

services.

The name and address of the Petitioner is as follows:

David G. Iadevaia

Airbourne Precisio n Imaging (API)

5700 N Avenida Silencioso

Tucson, AZ 85750

520

- 577

- 3783

Pilot Cert #2868117

E

- mail: apiaz123@yahoo.com

P a g e

## Unmanned Aerial System Description

Airborne Precision Imaging will employ the DJI Innov ations Phantom 3 Pro fessional (P3Pro) for data

collection operations. This system is manufactured by DJI Innovations (DJI), has bee n extensively tested and

has a proven safe flight history. The system includes a frame with 4 motors, a DJI flight controller, a DJI

OSD (onscreen telemetry display). A variety of small cameras, radio telemetry receivers, and other

sensors can be attached to the platform to accomplish the desired objectives. The P3Pro is flown by the

pilot

- in

- command (PIC) using a radio control syst em. The platform has a sophisticated flight control

system that enables the PIC to locate the unmanned aircraft (UA) on a moving map as a part of a ground

control system in addition to being continually in visual line

- of

- sight and has safety systems to w arn and

manage low batter y

- voltage situations. The P3Pro can be flown manually by the PIC or fly a pre

- planned

route using the gr ound control system. The P3Pro will be flown under a comprehensive set of

operational standard procedures focused on the s afe operation of the platform to minimize risk. The

P3Pro has a LED lighting system to communicate key elements of operational status at all times, in

addition to the on

- screen display showing flight parameters relevant to the safe operation of the UA.

This UA has a maximum take

- off weight of 2.8pounds. The UA flight speed will not exceed 30 knots,

and it will not be flown in controlled airspace or at an altitude that exceeds 400 feet AGL. All flights will

be flown in such a way that they can be safely terminated with a reserve battery power of 30% maximum

charge.

The P3Pro does not carry any flammable propellant or fuel.

Command, control, and telemetr y communications for the P3Pro occur on the 2.4 gHz frequency band. The

communications link is frequency hopping, spread spectrum which greatly reduces the potential for

interference. The specific radio frequency devices used by the P3Pro have been tested and found to comply

with the limits for a Class B digital device, pursuant to Part 15 of the Federal Communications Commission.

The P3Pro programming is such that, if a lost communication link occurs the UA will return to i ts starting

point and automatically land with no user interaction necessary.



## Granting an Exemption Would Serve the Public Interest

In the absence of a UAS, many of the proposed activities would have to be carrie d out by a helicopter, fixed

wing aircraft, a bucket truck, or a lineman climbing a tower. All of these conventional methods involve a

risk to human lives and property that is clearly higher than risks to human lives and property posed by the

utilization o f UAS.

UAS utilization in accordance with the typical terms of an exemption grant does not require the

interaction of Air Traffic Control (ATC). Where such use replaces manned aircraft, a net reduction in ATC

burden is realized.

P a g eThe DJI P3Pro is battery powered and therefore creates no noxious emissions hazardous to the

environment. Further, as a battery po wered vehicle the noise levels are substantially lower than any

internal combustion engine driven aircraft.

Survey

, mapping, and aerial data collection techniques utilizing UAS technology is

substantia lly more cost effective than the conventional methods to accomplish these tasks. Cost savings

by UAS utilization have the potential to find their way to ratepayers thereby reducing energy costs to the

consumer.



## OPER ATIONAL LIMITATIONS TO ACHIEVE AN EQU IVALENT LEVEL OF

SAFETY

API proposes the following operational limitations to achieve an equivalent or higher level of safety than

under the current regulatory structure, particularly in comparison to the use of manned aircraft.

1. All operations will b e carried out with strict adherence to the operating procedures outlined in the

Pilot s Operating Handbook (POH) contained in the manufacturer s user manual (Attachment A )

The POH includes the follow ing :

a. General description, specifications, and warnings

b. Limitations

c. Emergency Procedures

d. Normal Procedures

e. Performance

f. Weight and Balance/Equipment List

g. Air Vehicle and Systems Description

h. Handling, Service, and Maintenance

i. Supplements

2. The UA will weigh less than 2.8lbs.

3. The UA, will operate at a true airspeed maximum (V NE ) of 15 m/s (approximately 30 knots)

which is within manufacturer specifications.

4. Minimum crew for each operation will consist of the UA Designated Pilot in Command (PIC)

and at least one Visual Observer (VO). The PIC and VO will be able to communicate verbally at

all times during the flight and will not exchange roles during the flight. Electronic messaging or

texting is not permitted during flight oper ations. The PIC will ensure that the VO can perform the

required duties of the VO.

P a g e5. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot

certificate and a current FAA airman medical certificate or a valid U.S. driver s license issued by

a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

Government. The PIC will also meet the flight review requireme nts specified in 14 CFR ß61.56

in an aircraft in which the PIC is rated on his or her pilot certificate.

6. Flights will be operated within visual line of sight (VLOS) of the PIC and VO at all times. API

understands that definition of VLOS is human visi on unaided by any device other than corrective

lenses.

7. The primary responsibility of the VO will be to enhance the safety of flight operations by verbally

communicating potentially unsafe observations to the PIC. Such conditions may include, but are

not limited to, conflicting aircraft, hazardous terrain, features, or weather, UA approaching VLOS

limits or altitude limits, assisting the PIC in monitoring battery voltage, and advising the PIC if

non

- participating personnel move within a potential danger zone. VO s will be familiar with the

UAS normal and emergency procedures and aircraft limitations in sufficient detail as to provide

the PIC with recommended corrective actions.

8. Maximum flight time for each op erational flight will be approximately 20 minutes. The actual

flight time will depend on a variety of variables including wind conditions, sensor payload,

mission requirements, and the choice of battery capacity. All flights will be conducted under a

strict battery management regime that alerts the operator to end flight at a pre

- determined battery

capacity. If the PIC exceeds this limit, the P3Pro will autonomously return to the departure point

and land upon reaching the first critical battery l evel (first alert) and will land immediately upon

reading the second critical battery level (second alert).

9. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

10. All operating documents will be accessible to the PIC at the ground control station during UAS

operations. Operating documents will include the current POH and a copy of the FAA s

Exemption, if granted. If a discrepancy exists between the various operating documents, the

FAA s Exemption, the Ex emption will take precedence. The POH will be updated as necessary.

Such updates will be tracked.

11. A safety briefing will be performed prior to each day ’ s flig hts consisting of all the day ’ s flight

operations. All parties involved in the flight ope rations will participate in the safety briefing.

12. The PIC will conduct a pre

- flight inspection for the UAS. The pre

- flight inspection will account

for all systems to insure that the UAS is in a condition for a safe flight. As a minimum, the pre

fli ght inspection will follow the checklist procedures in the POH. If the pre

- flight inspection

reveals a condition that may affect the safe operation of the UAS, the aircraft will not be operated

until necessary maintenance has been completed.

13. In th e event of an emergency or other unpredicted obstacle to the completion of a flight, the PIC

will abort the flight in the safest manner possible.

14. API will not permit a PIC to operate the UAS unless the PIC demonstrates the ability to safely

operat e the UAS safely and competently within the framework of the measures outlined herein

and the POH. This will include normal and emergency procedures and maintaining appropriate

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and

currency will be logged in a manner consistent with 14 CFR ß61.51(b).

15. The PIC and VO will have been trained in operation of UAS and receive current information

regarding operation of the UA.

P a g e16. PIC and VO training and evaluation flights will only be conducted during dedicated training

sessions. During such sessions, the PIC will operate the UA a manner consistent with 14 CFR

ß91.119 by maintaining the prescribed distance from non

- participants.

17. All DJI P3Pro aircraft utilized as a part of this request will be registered and subsequently

assigned a serial number in accordance with 14 CFR part 47 and display identification markings

in accordance with 14 CFR part 45, subpart C. N

- number markings will be as large as practicable.

18. API will conduct routine inspections of the UA to ensure that it is in condition for safe operation.

As a minimum, inspections will be conducted as per the POH and as per manufacturer

recommendations. Additional inspections will be completed as deemed necessary. API will

comply with all safety bulletins issued by the manufacturer.

19. API will conduct maintenance on the UA as necessary. Maintenance procedures will follow

manufacturer s recommendations regarding replacement, overhaul, and life limited components.

20. After maintenance or alterations that affect the operational or flight characteristics of the UA, a

test flight will be conducted t o determine that the UA is properly functioning prior to resuming

commercial operations. Flight tests will be conducted by a PIC and a VO and will remain at least

500 feet from other non

- participants. Further, the flight test will be conducted in a man ner so as

not to pose an undue hazard to persons and property.

21. API will also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic

Organization (ATO) prior to conducting operations within the NAS.

22. No UA flights will b e conducted at night and all flights will occur under Visual Meteorological

Conditions (VMC). The UA will not be operated less than 2,000 feet horizontally from a cloud or

when the visibility is less than 3 statute miles from the PIC.

23. The PIC will ensure that the UA remains clear of and gives right

- of

- way to all manned aviation

operations.

24. The PIC will not operate the UA from a moving device or vehicle.

25. The UA will not be operated within 5 nautical miles of an airport reference point (ARP) unless a

letter of agreement with that airport s management is obtained or it is otherwise permitted by a

COA issued to API .

26. The UA will be operated in a manner that maintains at least a 500 foot clearance from all non

participating persons, vessels, vehicles and structures except in the case of the following

conditions:

a. Barriers are present to protect non

- participating persons in the event of an a ccident. API

will ensure that non

- participating persons utilize these protective barriers. If a non

participating person leaves a barrier and is within 500 feet of the UA, flight operations

will be terminated in a manner that ensures the safety of no n

- participating persons.

b. The owner or controller of any vessels, vehicles, or structures has granted permission to

operate closer than 500 feet to those obstacles and the PIC has completed a safety

assessment of the proposed operation and determin ed that the operation could be

completed safely.

27. Flight operations will only be conducted over property where the permission is granted by the

property owner or otherwise authorized representative.

28. The P3Pro UAS automatically determines its failsafe return

- to

- home position upon liftoff. If the

UAS loses communications with the remote controller, it will return to a liftoff location and land

autonomously.

P a g e29. API will report any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA to the FAA's UAS

Integration Office (AFS

− 80) within 24 hours. Accidents will b e reported to the National

Transportation Safety Board (NTSB).



## SPECIFIC EXEMPTIONS REQUESTED

In pursuit of this petition the following exemptions are requested:

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR ß91.203 (a) (1).

Given the size and limited operating area associated with the aircraft to be utilized by API , an exemption from

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act. The Federal Aviation Act (49 U.S.C.ß44701 (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 a nd populated areas of the

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 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 (fixed wing or rotorcraft) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passeng er,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by the operator. These saf ety enhancements provide a greater degree of safety to the public and

property owners than conventional operations conducted with airworthiness certificates issued under 14

C.F.R. Part 21, Subpart H.

Lastly, there is no credible threat to national secur ity posed by the UAS, due to its size, speed of

operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to

carry a substantial external load.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an

Airplane or Rotorcraft Flight Manual is required by ß21.5 of this chapter, unless there is available in the

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight ma nual 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 equivalent level of safety will be maintained by keeping the flight manual at the

ground control point wh ere the PIC will have immediate access to it.

P a g eThis regulation requires each pilot in command to take certain actions before flight to insure the safety of flight.

These actions include the following:

a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts,

fuel requirements, alternatives available if the planned flight cannot be completed, and any

known tr affic delays of which the pilot in command has been advised by ATC;

b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing

distance information:

1) For civil aircraft for which an approved Airplane or Rot orcraft Flight Manual containing

takeoff and landing distance data is required, the takeoff and landing distance data contained

therein; and

2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable

inform ation appropriate to the aircraft, relating to aircraft performance under expected values

of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be

needed. The PIC will take all actions a s stated in the POH under Normal Procedures including but not

limited to reviewing weather, flight batt ery requirements, and aircraft performance data before initiation of

flight.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is

being used for flight instructi on unless that aircraft has fully functioning dual controls.

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates with the aircraft via radio

signals. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be

carried in the UA and by the small size, weight, and generally slow speed of the UA.

Sectio n 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 prescribed for helicopters by the FAA.

As this request is for a UAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, the

UA will never operate at higher than 400 AGL It will only be operated in a controlled environment,

where structures, vessels, vehicles, and non

- participating people will not be exposed to operations.

The equivalent level of safety will be achieved given the small size, low weight, and slow speed of the

UAS as well as the controlled environment where it is operated. No flight will be initiated without the

permission of the property owner or authorized representative. Unlike conventional aircraft, the UA

requires no flammable fuel, a safety enhancement at low altitude. Further, since the UA will be operated

P a g eat 400 AGL or less, it will maintain separation from manned aircraft that are required to comply with

Section 91.119.

This regulation requires each person operating an aircraft below 18,000 feet MSL to maintain cruising

altitude by reference to an altimeter that is set to a particular barometric pressure (altimeter setting) or the

elevation of the departure airport.

Manned aircraft have an altimeter that displays altitude in MSL. The intent of this regulation is to ensur e

that all aircraft in an area are displaying the same altitude when they at the same true altitude MSL. In this

way aircraft can maintain vertical separation in cruise flight as per ß91.159 for VFR flights and as per

ß91.179 for IFR flights. Further it ensures that aircraft assigned a particular altitude by ATC or as per

published altitude requirements such as traffic pattern altitudes will have the ability to accurately

determine that altitude.

Conversely, the P3Pro automatically sets its zero alti tude based on the departure site. Thus, all altitude

readings displayed on the Ground Control Station are in AGL from the departure site. In order comply with

the limitations specified herein to maintain an altitude below 400 feet AGL, it is appropriate fo r the altimeter

to display in AGL instead of MSL thereby maintaining separation from manned aircraft and achieving an

equivalent level of safety.

Section 91.151 specifies fuel reserve minimums for airplanes and helicopters. Specifically, 91.51 (b)

states that no person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and

forecast weather conditions) there is enough fu el to fly to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 20 minutes.

Since the UA is battery powered and lacks a combustion engine, there is no conventional fuel

consumption. Further, the flight times fo r theP3Pro are considerably shorter (maximum of 20 minutes) than

combustion engine powered manned aircraft. An equivalent level of safety will be achieved by landing

the aircraft when the battery power, as monitored at the ground control station, reaches 30% of the capacity

of a fully charged battery. A further sa fety feature is that the P3Pro will automatically return to its departure

point with no PIC intera ction required if the battery voltage falls below 20% of the capacity of a fully

charged battery.

The regulation provides in pertinent part:

a. Except as provided in ß91.715, no person may operate a civil aircraft unless it has within

it the following:

1) An appropriate and current airworthiness certificate. . .

2) An effective U.S. registration certificate issued to its owner or, for operation

within the Unit ed States, the second duplicate copy (pink) of the Aircraft

Registration Application as provided for in ß47.31(b), or a registration

certificate issued under the laws of a foreign country.

P a g eb. No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under ß91.715 is

displayed at the cabin or cockpit entrance so that it is legible to pass engers or crew.

As previously discussed, an exemption is sought regarding the requirement to acquire an airworthiness

certificate. Further, the UAS fully loaded weighs 2.8 pounds and is operated without an onboard pilot. As

such, there is no ability or pl ace to carry a registration certificate or to display it on the UAS. An

equivalent level of safety will be achieved by keeping the registration certificate at the ground control point

where the PIC will have immediate access to it.

These regulations cover maintenance, preventative maintenance, and aircraft alterations. In summary for

VFR aircraft, and not including all exceptions, it requires the following:

1. Annual inspections or 100

- hour inspections (for commercial operations) with approval for return

to service by a person authorized by ß43.7.

2. A test flight by an appropriately rated pilot after repairs or alterations that may have appreciably

changed the aircraft s flight characteristics have been made

3. Logging of all maintenance performed according to particular standards

These sections, collectively part of Subpart E, and Part 43 only apply to aircraft with an airworthiness

certificate. As previously discussed, an exemption is sought regarding the requirement to acquire an

airworthiness certificate. However, an equivalent level of safety will be achieved by implementing the

concepts of these sections as follows:

1. Inspections will be p erformed at intervals recommended by the POH and the manufacturer.

2. A test flight will be performed after any maintenance or alteration is performed that may affect

the UA s flight characteristics. The test flight will be performed prior to return to commercial

service by an appropriately rated and experienced PIC.

3. All maintenance will be logged.



## CLOSING

Airborne Precision Imaging appreciates the opportunity to submit this petition for exemption to the

Federal Aviation Administration. I have endeavored to provide the appropriate information required based

on guidance from the FAA s website. If there are any questions or I can provide further information,

pl ease contact me.

David G. Iadevaia

Owner, Airborne Precision Imaging

P a g e

# Appendix A

Owner Manual

Contai ni ng Pilot Oper ating Handbook

f or

DJI Phantom 3 Professional UAS