U.S. Department of Transportation Stephen J Spartana

– Petition for Exemption

– FAA Section 333 Page 1

Stephen Spartana

6706 Selkirk Road Baltimore, MD 21239

410

- 458

- 5663 stephen@spartana.com

October 29

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

Re: Petition of Stephen J Spartana for Grant of Exemption Pursuant

to Section 333 of the FAA Modernization and Reform Act of 2012.

To Whom It M ay Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Stephen J Spartana(SJS) applies for an exemption form the Federal Aviation Regulations (FARs) listed below to allow operation of the Unmanned Aircraft S ystem(UAS) commercially in airspace regulated by the Federal Aviation Administration(FAA), so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requeste d exemption would permit SJS to pursue his commercial interests in providing services to clients using small advanced UAS in the following areas:

• Video & Photography Production

• Marketing

• Industrial Inspection

• Special Events

The petitioner has provided the following information to support his request for an exemption:

• Attachment 1 _ DJI Safety Guidelines • Available upon request: Phantom 3 Professional User Manual v1.0

• Available upon request: DJI Phantom 3 Professional Quick Start Guide

Title 14, Code of Regulations sections from which exemption is requested: 14 C.F.R. §§ 61.113(a) & (b); 61.133; 91.7(a); 91.9(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.407

– 91.417.Page 2

Summary

SJS seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit SJS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for marketing, industrial inspection and special events.

The objective of SJS and his aerial operations is to provide high quality imaging for a variety of commercial, public, and non

- profit clients.

The DJI Phantom 3 Professional UAV, powered by batteries, is smaller, lighter, requires no fuel, and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maxi mum flight time of only 25 minutes with maximum air speed of 30 knots, this offers little or no risk to national security.

Low

- level oblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and la rge trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to

afford . The benefits of reduced cost and improved qual ity of presentation from the UAV will be valuable to and benefit many clients for marketing, inspection and event purposes.

Unmanned Aircraft System

S J S seeks an exemption to operate a DJI Phantom 3 Profes sional system for compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing(VTOL) Unmanned Aircraft(UA) with a Ground Control Station(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gr oss weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 UA is equip ped with four main rotors; drive n by lithium polymer batter y powered elect ric motors.

Basis for Petition

Petitioner, SJS, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. §11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, he reby petitions the Administrator to commercially operate the DJI phantom 3 UAS in NAS, and for an exemption from the requirements of 14 C.F.R.§61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).Page 3

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, SJS’ operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airwor thiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, SJS requests relief form Sections 91.405(a), 91.407(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to

aircraft with an airworthiness certificate.

SJS submits that the requested relief is proper since an equivalent level of safety will be ensured. SJS will use experienced personnel or technicians to preform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operation documents (i

. e., Monthly Maintenance Log and DJI Phantom 3 instruction Manual). Furthermore, SJS will document and maintain all maintenance record for the DJI

Phantom 3 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by SJS to the extent necessary to allow

a Pilot in Command (PIC) holding a private pilot or higher level cert ificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

SJS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the

DJI Phantom 3 UAS does not require an airworthiness c ertificate in acc ordance with 14 C.F.R.
Part 21, Subpart H. As such, SJS submits that he will ensure that the DJI Phantom 3 UA is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i .e., Monthly Maintenance Log and the DJI Phantom 3 Instruction

Ma nual), and that the aircraft is in a condition for safe flight.

SJS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard.

However

, altitude information of the DJI Phantom 3 UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with SJS’ operation of the DJI Phantom 3 UAS is within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.Page 4

Additionally, SJS seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions. SJS submits that safety will not be affected by operation of the DJI Phantom 3 UA during daylight hours in v isual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at le ast 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, SJS provides the following information in support

of its petition for exemption:

A. Name and Address o f The Petitioner:

Stephen J Spartana

6706 Selkirk Rd. Baltimore, MD 21239

410

- 458

- 5663 stephen@spartana.com

B. The Specific Sections o f 14 C.F.R. From Which SJS Seeks Exemption.

1. SJS Seeks Exemption From The Requirements Of Section 61.113(a) and (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of

an aircraft that is carrying passengers or proper ty for compensation or hire; nor may that person,

for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if:Page 5

(1 ) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, SJS submits that an equival ent level of safety will be maintained

because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the operations specification s as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, SJS submits that all flights of the DJI Phantom 3 UAS conducted by the PIC pu rsuant to the grant of this Petition: (1) will be incidental to SJS’ business; and (2) will not carry passengers or property for compensation or hire.

2. SJS Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requ ested to the extent required to allow SJS to determine that the DJI Phantom 3 UAS is in airworthy condition prior to

every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log, and the DJI Phantom 3 Instruction Manual).

SJS seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, SJS will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its complian ce with the operating documents (i.e., Monthly Maintenance Log, and the DJI Phan tom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. SJS Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

th at aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route a nd within 100 nautical

miles of the aircraft;Page 6

(ii ) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the

current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the depa rture airport or

an appropriate altimeter setting available before departure.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS

equ ipment, and a radio communications telemetry data link to downlink altitude information

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic co ntrol (ATC) in feet above ground level (AGL), SJS seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be mainta ined since the DJI

Phantom 3 UA's altitude information will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path.

4. SJS Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditio ns unl ess (considering

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

Relief from Section 91.151(b) entitled Fuel requireme nts for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a

total duration of 20 minu tes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. SJS seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations

that SJS proposes to conduct pursuant to this Petition.Page 7

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS's operating documents, SJS’ proposed operating limitations, ensure that SJS will safely operate the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with en ough battery power to fly for a total

duration of 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. SJS Seeks Exemption From The Requirement Of Section 91.405(a).

Sectio n 91.405, entitled Maintenance required, subsection (a), states the following: Each owner

or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provide d in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. SJS Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. SJS Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided i n paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for

return to service by a person au thorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in a ccordance with part 21 of

this chapter.Page 8

8. SJS Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered

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 10 0

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each

aircraft (including the airframe) a nd each engine, propeller, rotor, and appliance of an aircraft.

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 performed; 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 st atus 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 statu s 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 airworthiness directives (AD) and safety directives includin g, for each, the method of compliance, the AD or safety directive number and revision date. If the 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 thi s 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 t ime 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.Page 9

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, SJS requests relief from these Sections because the DJI Phantom 3 UAS does not require an airworthiness certificate. As set forth more fully below, the

DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an

airworthiness certificate. Accordingly, SJS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs us ing the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and the DJI Phantom 3 Instruction Manual). Furthermore, SJS will document and maintain all maintenance

records for the DJI Phantom 3 UAS.

Public Interest and Safety

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. A dditionally, use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for clients seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photograph ic subjects that cannot be displayed through ground level videography/photography. Aerial videography is a valuable marketing tool that can

lead to increased commerce.

UAS Operating Parameters

The petitioner states that he will abide by the following additional operating conditions under

this exemption: • Operate his UAS below 4 00 feet and within a radius distance of 1000 feet from the controller to

both aid in direct line of sight visual observ ation

. • Operate the UAS for 20 minutes per fligh t.

• L and his UAS prior to the manufacturer's recommended minimum level of battery power;

• O perate his UAS only wit hin visual line of sight (VLOS).

• U se the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with t he remote control pilot is lost.

• C onduct all operations under his own personal and flight safety protocols (including posting a warning sign reading: "Attention Aerial Photogr aphy in Progress

- Remain Back 150 feet")

contained in the operating documents and will actively analyze flight data and other sources of information to constantly update a nd enhance his safety protocols.

• C ontact respective airports if operations will be w ithin 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information.

• A lways obtain all necessary per missions prior to operation.

• H ave procedures in place to abort flights in the event of safet y breaches or potential danger.Page 10

Conclusion

As set forth herein, SJS seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operatio n of

the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional manda te of the

FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing SJS to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

W herefore , in accordance with the Fed eral Aviation Regulations and the FAA Modernization

and Reform Act of 2012, Section 333, SJS respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61 .113(a) & (b), 91.7(a), 91.121, 91.1 51(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Stephen J Spartana to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dat ed: October 30 , 2015 Respectfully submitted, Stephen J SpartanaPage 11

APPENDIX A

- FLIGHT MANUAL

FLIGHT RESTRICTIONS

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed

of no more than 25 knots and no further than 3/4 NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate verbally at all times during a flight op eration; (d) Operations will be restricted to flights over private property with the permission of the

property owner; (e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA ro torcraft pilot and at

least ten hours logged as a UA pilot with a similar UA type; (f) All required permits will be obtained from state and local government prior to operation; (g) The UAV System will not be operated over densely p opulated areas; (h) The UAV System will not be operated at air shows; (i) The UAV System will not be operated over any open

- air assembly of people; G) The UAV System will not be operated over heavily trafficked roads; (k) The UAV System will not be operate d within 5 NM of an airport or heliport; (l ) Operations will be restricted to day only and weather conditions equivalent to VFR; (m ) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; (n ) No flight may be made without a successful Pre

- Flight Inspection by t he PIC before each operation to ascertain that the UAV is in a condition safe for flight.

PRE

- FLIGHT CHECKLIST

(1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected

premature descent; (2) Check all wiring connections are tight; (3) Check all propellers are undamaged and no cracks exist in any structural members of the UAV; (5) Turn on tablet or smart phone , set it to conn ect to the UA, move all c ontrol switches to forward or down position and throttle control stick full back position; (6) Connect UA main battery, check for contact with UAV's electronic tablet or smart phone

system ; (7) At a location different from previous flight, re

- set GPS and c ompass to current location; (8) Turn on transmitter, gimbal and camera.