July 28, 2015 Douglas King 10754 Greenbriar Lane Spotsylvania, VA 22553 (540) 840 - 0600 dking@pcforthehome.com U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12 - 140 1200 New Jersey Ave, SE Washington, DC 20590 **RE: Exemption Request**
**– Section 333 of the FAA Modernization and Reform Act of 2012**  Attachments: 1) DJ I Phantom 2 Vision + User Manual V1.8 Dear Sir or Madam, The purpose of this letter to you today is to petition the Federal Aviation Administration for an exemption from certain Federal Aviation Regulations in order for Douglas King to operate a small Unmanned Aerial System (UAS) to perform aerial videography and aerial photography in the United States. Douglas King has already logged more than 50 hours of flight time as a hobbyist with the specific UAS that is the subject of this petition. In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012, I, Douglas King am submitting the following information with our request:
**Description of Operations** A. The UAS that is the subject of this Petition a. DJIPhantom 2 b. DJIPhanto m 3 Douglas King currently owns a DJI Phantom 2, including the DJI factory mounted camera, along with the associated remote control unit, and DJI Vision app for iPhone which provides a first person view of whatthe camera is seeing in real time. This unit is a quad- copter with an advertised weight of 1,242 grams

(including battery and propellers). Similar units have been the subject of prior exemptions by the FAA (examples include: Brian M. Walk / Unmanned Aeri al Solutions, Exemption No. 11445, Regulatory Docket No. FAA - 2015 - 0143; Daniel Achatz / Exemption No. 11434, Regulatory Docket No. FAA - 2015 - 0201). The DJI Phantom 3 is not currently owned by Douglas King, however, it will be purchased in the near future t o provide improve d and enhance d aerial video and photography. The associated remote control unit utilizes an operating frequency of 5.728 GHz

– 5.85 GHz and a Range Extender that utilizes an operating frequency of 2412 - 2462 MHz. The communication distance between the remote control unit and the Phantom is 800m. The UAS also is equipped with a fail - safe return tohome mode in the event that the link between the aircraft and the remote control ground station is lost. The UAS can operate for approximately 20 - 25 minutes on a fully charged battery. B. The UAS Pilot(s) in Command Douglas King has made numerous flights as a hobbyist with this aircraft, accumulating more than 50 hours of flight time with the Subject UAS. C. UAS Operating P arameters and Intended Flight Profile Douglas King is a technology professional with over 20 years of technology application, engineering and research experience. He has engineered and deployed numerous complex systems for large companies. Along those lin es, safety is always the first concern. **The following UAS Operating Procedures will be adopted and followed each time the UAS is flown:** 1. All flights will be flown below 300 feet and within a radius distance of 800 feet from the remote control ground unit. 2. The Pilot In Command will have direct line of sight visual observation of the UAS at all times, and will operate the UAS only within direct line of sight. 3. There will be times when the UAS is flown in close proximity, within 20 - 25 feet a structure whi ch is the subject of photography or videography . When this occurs, the UAS will be operated at less than 3 miles per hour. 4. Prior to the start of a flight, a pre - flight checklist will be thoroughly completed. This includes verifying a GPS lost - link pro cedure which will safely return the UAS in the event of a loss of communication between the aircraft and the remote control, as well as other standard safety checks and compass calibration as recommended by the manufacturer. Specific weather conditions are also addressed at this time, and the UAS will not be flown in adverse weather conditions, such as heavy wind, rain or snow. 5. If the need arises for a flight to be within 5 miles of an airport, the flight will only occur after permission has been grante d by the appropriate control tower.**Sections of 14 CFR From Which Petitioner is Seeking an Exemption**

14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates 14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness Certification 14 CFR § 45.23 Display of marks; general 14 CFR Part 61 Certification: Pilots, Flight Instructors and Ground Instructors 14 CFR § 91.7 Civil Aircraft Airworthiness 14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard Requirements 14 CFR § 91.103 Preflight Action 14 CFR § 91.105 Flight Crewmembers at Stations 14 CFR § 91.109 Flight Instruction 14 CFR § 91.119 Minimum Safe Altitudes: General 14 CFR § 91.121 Altimeter Settings 14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions 14 CFR § 91.203 Civil Aircraft: Certifications Required 14 CFR § 91.207 Emergency Locator Transmitters 14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations **Extent of Relief Sought and Reasons for Seeking the Exemption 14 CFR Part 21, Subpart H** 

– FAR Part 21 establishes the procedures for issuance of certificates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from the requirements of this part because the size, weight, speed, operational capability and proximity to airports in which the UAS will be flown pose significantly less of a risk than those risks posed by conventional aircraft. Manned aircraft pose risks to the life and safety of the crew; that is not a consideration with the subject UAS. Risks to third parties are also minimized given the lightweight and slow speed at which the Subject UAS would operate. Nor are there risks of fuel spill ing or fire in the event of an accident. Because of these factors, the petitioner requests that the FAA waive the requirement that the subject UAS require an airworthiness certificate. **14 CFR Part 36**

– FAR Part 36, Subparts A, F and O establish certain noise standards for certification of various aircraft types. Because the subject UAS would not have an airworthiness certificate, and given its small size and minimal noise impact, the petitioner requests an exemption from FAR Part 36. **14 CFR § 45.23**

– FAR 45.23 establishes marking requirements for aircraft; paragraph (b) mandates the registration number be displayed in letters not less than two inches in height. The subject UAS is too small to accommodate the type - size requirement. The petitioner reques t and exemption from this part. **14 CFR Part 61**

– FAR Part 61 sets forth the certification requirements for pilots. Because the subject UAS would not have an airworthiness certificate, and given its small size and minimal risk factor, the petitioner reque sts an exemption from FAR Part 61, that would allow him to operate the subject UAS for aerial video and photography projects. In lieu, p etitioner is currently , since 2014, a member of the FBIInfragard Richmond VA Alliance and ha s gone through the necessa ry background checks by the FBI in order to determine that Douglas King does not pose a threat to national security. **14 CFR § 91.7**

– FAR 91.7

– (a) No person may operate an aircraft unless it is in an airworthy condition. To the extent that “airworthy” i s defined as requiring an airworthiness certificate, the petitioner requests an exemption from this FAR for the same reasons ad identified in petitioner’s request for an exemption of 14 CFR Part 21, Subpart H. Petitioner will not, however, operate the sub ject UAS if it is not in a condition for safe flight, as required under FAR 91.7 (b). **14 CFR § 91.9**

– FAR 91.9

– requires that all aircraft have certain markings, placards and on -board flight manuals. Petitioner requests an exemption from this requirement for the same reasons as stated in in petitioner’s request for exemption under 14 CFR Part 21, Subpart H. **14 CFR § 91.103**

– FAR 91.103

– mandates certain pre - flight action. Petitioner will take all necessary pre - flight action, but requests an exemption from this requirement based on the interpretation of this requiring pre - flight actions that are appropriate to manned aircraft only. **14 CFR § 91.105** -- FAR 91.105

– requires that crewmembers be at designated stations, with safety belts fastened, etc. Petitioner requests an exemption to this due to the fact that the subject UAS is unmanned. **14 CFR § 91.109**

– FAR 91.109

– requires that persons operating an aircraft for flight instruction may not do so unless that aircraft has fully functioning dual control s. Petitioner requests an exemption due to the fact that the subject UAS does not have a second controller or dual control capability, which is consistent with other, similar UAS units. **14 CFR § 91.119**

– FAR 91.119

– indicates the minimum safe altitudes over various areas. Petitioner requests an exemption to this, due to the fact that the subject UAS is intended to be a low - flying device in order to capture aerial video and photography. **14 CFR § 91.121**

– FAR 91.121

– requires various altimeter settings in order to maintain a level flight. Petitioner requests an exemption from this FAR as the subject UAS will not have an altimeter that matches the requirements of this FAR. Altitude will be monitored through the DJI Vision app, and the unit will be kept below 300 feet as designated by the indications within that app. **14 CFR § 91.151**

– FAR 91.151

– sets forth requirements for amount of fuel on any given flight. Petitioner requests an exemption from this FAR because the subject UAS operates on battery power. The subject UAS will only be operated when there is a minimum of 5 minutes of battery power remaining. **14 CFR § 91.203**

– FAR 91.203

– requires that a civil aircraft have an airworthiness certificate and a registration certificate. Petitioner request s an exemption from this FAR because of the reasons stated in petitioner’s request for an exemption under 14 CFR Part 21, Subpart H. **14 CFR § 91.207**

– FAR 91.207

– prohibits operation of a US

– registered aircraft unless it is equipped with an emergency locator transmitter. Given the limited distance of flights with the subject UAS, and the fact that it will be flown with direct line of sight visibil ity, petitioner requests an exemption from this FAR. **14 CFR § Part 91, Subpart E**

– requires that owners or operators of aircraft have the aircraft inspected at certain intervals, and by certain mechanics. Petitioner requests an exemption from this Subpar tbecause the subject UAS has a maintenance and trouble - shooting program that is best executed by the

owner/operator and is different from that of manned aircraft. **How this request would benefit the public** Aerial photography and video normally require th e use of a manned aircraft, either a small airplane or helicopter, adding to already congested airspace. Use of a low - flying and slow moving UAS does not significantly impact the airspace as it is flown at a lower altitude and is more maneuverable and pre cise than larger, manned aircraft. This also enhances safety around the area being photographed, while also reducing environmental impacts caused by emissions from manned aircraft. Operations with this UAS will serve property owners a better perspective for progress, details and benefits of the subject being photographed which cannot be achieved by taking photographs from the ground or at higher altitudes in a manned aircraft. Low level aerial photography, as provided by a UAS is also a valuable marketing tool that can lead to increased business. This type of photography can also improve work site efficiency in the construction industry by providing a perspective that cannot be seen through other efforts. **Why this exemption will not adversely affect saf ety**  A pre - flight checklist will be performed prior to each flight to ensure the subject UAS is working properly before taking flight. Because the subject UAS is battery powered and does not carry any flammable fuels, there is little to no risk of fire in the event of an accident. The unit will also always be within a direct visual line of sight of the operator of the aircraft, in order to prevent the subject UAS from flying too close to any structure or people near the site being flown. The subject UA S is a very small aircraft, weighing less than 5 pounds, and the likelihood of damage to property or injury to an individual in the event of a mishap is extremely low. Aerial photography in general is still utilized very often, and the risk associated with using the subject UAS is significantly lower than the risk of traditional aerial photography using an airplane or helicopter. The subject UAS also has a lost - link fail safe function that is a part of the system, allowing the unit to return to its home b ase if the link between the remote controller and the unit is lost. **Summary for publishing in the Federal Register** Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012: **Petitioner is seeking an exemption from the following Federal Aviation Regulations:**  14 CFR Part 21, Subpart H ; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ; 14 CFR § 91.9 ; 14 CFR § 91.103 ; 14 CFR § 91.105 ; 14 CFR § 91.109 ; 14 CFR § 91.119 ; 14 CFR § 91.121 ; 14 CFR § 91 .151 ; 14 CFR § 91.203 ; 14 CFR § 91.207 ; 14 CFR Part 91, Subpart E **Description of the exemption being sought:** The petitioner seeks an exemption from the above -referenced Federal Aviation Regulations to conduct aerial photography using a small, light unmanned aircraft for the purpose of acquiring photo and video documentation of real estate development and construction progress and sites in order to provide these images and videos to the owners or representatives of these properties.**Conclusion**

I would like to th ank the FAA for considering my request. Plea se do not hesitate to contact me if there is a need for additional information. Respectfully Submitted, Douglas King Spotsylvania VA Petitioner