ThaiDoan ePianetConnect, LLC 3120 West Carefree Hwy Suite 1-201 Phoenix, AZ 85086 February 12, 2016 U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe 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); 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 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) 

### & (2); 14 CFR 91.417(a) 

### & (b)
DearSir.or Madam: Pursuant to Section 333 ofthe. FAAModernization and Reform Act of2012 (the "Reform Act''). and 14 CFR Part 11, Thai Doan dba ePianetConnect, LLC (EPC), operator of Small unmanned· · · aircraft .$ysterns (sUAS), hereby applies for an exemption from the listed Federal AviafiorrRegulations (FARs) to allow commercial operation of its sUAS, so long as such op.erations**ar~** conducted withinand underthe conditions outlined herein or as my be establ.ished by the FAAas required by Section 333. c;orTimercial operation.ofsUAS, as described herein, which are equipped with cameras 

# ancfsensors, would operate in the following manner: 

### 1

.**Aeri.~l** photography and/or**vi(j~o** for pub.lic and/or private use includingreal estate,**!ar~hit¢cture,** laJ1d surveying ,**engine~ring** andother related professional activities. 2

..·Aedalyideo and/or photography for public .and/or private use including television, pul;>lic events, Cinematography and news gathering. '. ·.,' 3. Aerial inspection/photography of residential/commercial structures under contract with the_qwners orJocal government authority.

. ... ',.,; .. · .. 4. Aerialvideo/photography or providing live v_ideo feed to assist with search and rescue :operations in cases ofan emergEmcy or natural disasteronly when the local authorities or government has requested itbycontract or donation.

. ' . . . . . . 5. The abilityto. offer training to persons individually orbelonging to both private and/ 

# o·r public·organizations that.haveinterests in the use and application ofsUASfor the.p.urp.o.se 

## of the safe operation ofsUAS to enhancethe safety ofthe National ·Airspace System (NAS) as well as for the protection ofthe persons and property. As described fully below, the requested exemption would permit the operation ofsUAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

....establish**r~quirements** for the safe operation of such aircraft systems in the national airspace system." CONTACT INFORMATION OF THE PETITIONER ePianetConnect, LLC 3120 West Carefree Hwy Suite 1-201 Phoenix, AZ 85086
Owner and Chief Pilot ThaiDoan 480-684-3304 tdoan@eplanetconnect.com RE:GULAT.IONS FROM WHICH THE EXEMPTION IS REQUESTED 14.CFR Part 21 subpart H 14 CFR45.23 (b) 14 CFR 61.113 (a)

. 14 CFR 91.7 (a) 14.CFR9.1 .9 (b) (2) 14CFR 91.103 14 CFR 91.109 14CFR 91.119 (c) 14CFR91 .121

. 14CFR91.15f(a)

. 14·c·FR 91:263 (a).& (b) 14 CFR 91.205 (b) 14 CFR 91 .215 ADD 14 GFR 91.405 (a) 14 GFR 91.407 (a) (1) .14.CFR 91A09 (a) (2) 14 CFR 91.417 (a) & (b).

,. .. . '
. . AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY EPC intends to operate multi-rotor sUAS weighing no more than 551 bs. including payload.**Und~r** normal conditions they operate at speeds of no more than 50kts and have the ability hover and move along a vertical and horizontal plane simultaneously.

.. . 

### ,

.....,

......, 211

### p
..EPC

### will operate in line ofsight and will operate within a closed offand predetermined area owned and/operated by the property representative. Given the small size ofthe sUAS and the controlled environment provided the proposed operations will adhere to the Reform Act 's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.
The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft.
These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the**~l.ight Opem~tions**  Manua.l (FOM) include: 

### 1'.The sUAS will weigh less than 55 lbs·including payload and will be the following makes and models:

. . 

# a.**DJLPh~ntorn3** Professional b

. DJI Phantom 3 Advanced
2 . Flights will be operated .Withir11ine ofsight ofa pilot and/or observer.
3. Maxim'um flight time foreach operational flight will be 30 minutes. Flights will be terminated at25% battery power reserve or30 minutes offlight time whichever occurs first.**4~** Flights will be operated at an altitude ofno more than400feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

. ' 

# s: Mini_i:num crew for each operationwill consistoftlle sUAS Pilot,

### th~ Visual Observer (VO) and may include but not limited to a Camera Operator and trainee. 6_.**Th~** sUAS pilOt will be 

## adesignated Pilot in Command (PIC) and hold a current Third or higher Ciass Medical Certificate, along with a valid state driver's license. If the PIC.feels another operatorto be qualified with the necessary skills to be PIC & possess a Third or higher Class Medical and a valid state driver's license, that

3110person may be designated PIC provided they have a minimum of20 hours offlight time with the sUAS.
7. A briefing will be performed regarding the planned sUAS operations prior to each day's flight consisting ofall the days' production activities.
8. The operator will file FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption ,with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.
9. The operatorwill obtain verbal /written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required under the FQM. With the advanced permission ofthe FSDO, operations at close r range may be approved.
10. The PIC .and VO will have been trained in operation ofsUAS and receive up-to-date

### .iof~rrhation·forthe particular sUAS to be operated. · 11

. The PIC and VO will be able to communicate by voice, radio, and/ortext at all times.
12

...Written and/orverbatpermission and permits will.be. obtained from territorial, state,

### 9~uhty C?r cityWrisdiction&, inciGding law enforcement, fire

### ~r**~therappropriate.** . .**go~ernmental.agencies.·** 13. Ifthe sUAS loses communications or loses GPS signal , the .sUAS will have the capability to return

# to a

### pre-det~rmined location within a designated location and lahd autonomously. · ' " 14.**~·4:** The sUASwill havethe capability to abort a flightin case of unpredicted**ob~t.acle~.** weather, or emergencies.
14

### C
..F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91 .203 (a) (1)

, ' r . Subpart H, entitledAirworthiness Certificates , establishes the procedural requirements for the issuance of.airworthines.s certificates as required. by FAR §91 .203 (a) (1 ). Given the size and lirnited operating area associated with the aircraftto be utilized by the Ap'plicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent levelofsafety under Part 11 and Section 333 ofthe Reform Act

.. The Federal AViation Act (49 u.s.C.§447(}1 (f)) and Section 333 ofthe Reform Act both authOrize the
4110FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and underthe 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively with in a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice ofall operations. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C 

### .F. R. Part 21 , Subpart 

### H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to**n~ticmaLsec;urity_pp§ied.** by the**sU~~ .d.yeto**  its size, speed 

### t.>f 9p,etation, location of.operatio'n ;·lack ot·ex;plpsive·material.s_Or flammable_.liqu id fuels, an.d.**in~biUty** to carry a**~ubsta:nti.al** external load. · ·

### 14c~fR. § 

### 45.23 (b).

### M~rking ofthe Aircraft

' ' . The

### regulatio~ requires: ·When marks include only the Roman capital letter "N,. and the registration numberis displayed on fimited, restricted orlight-sport Cc:ltegory aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraftneareach,entrance to the cabin, cockpit ,:or pilofstation, 'tn:letters notless.than 2 !nches 

### n9r rnorethan6inches high,.thewords ,.limited,-","restricted;""light'-sport," :·experimental/'.or "provision(31/' asapplic<!lble.i,
Even though the sUAS will have no airworthiness certificate, 

## an exemption may be neededas the sl)AS will he3ve_nq e!Jtnmce 

### tq the,**c~bin,** cqckpitorpilot station on which the word "Experimental"·can be placed ; Given.the size ofthe sUAS , two-inch lettering

### "Yill:b~**irnpos~ible.** Theword

### ,;Experime~tal"willbe_piaced onthe fuselage In • · · ·· ·**cpmplia~Jce** 'll(.ith §45.29 (f)

. The equivalent level ofsafetywHI be providedbyhaving the sUAS marked on its fuselage as required by §45

..29{f) where the pilot, observer and others working with the sUAS will see the identification ofthe sUAS

# as "Experimental."
14 C.F.R: 

### § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command

.. _. .

## p.u~s~antto 14 CFR61 ,113 (a);- no person who. holds

### a private pilotcertificate may actas a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do not carry any pilots or passengers nor property 1 therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills

. The risks attendant to the operation ofsUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61

. I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe sUAS.
14 C.F.R. §91.7(a): Civil Aircraft Airworthiness
The regulation requires that no person may operate a c ivil aircraft unless it is in airworthy condition

. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness

. Given the size ofthe aircraft for maintenance and use ofsafety check lists prior to each flight an equivalent level ofsafety will be provided. 14 C. F.R. 

### § 91.9 (b) (2) :Civil Aircraft Flight Manual in the Aircraft. Section 91 .9 (b) (2) provides: No person may operate aU .S.-registered civil aircraft

... (2) Forwhich an Airplane or Rot()rcraft Flight fv1anual isnot required by §21 .5 ofthis chapter, unless there i$ available· in the aircraft'

# a·current approved airplane or Rotorcraft FlightMahual, approve_d manual ·material, markings,and placards, or any combination thereof.Thef

## sUAS ,given its·size and configuration has nC> ability or place to carrysuch

### a::fii~hfmanual ori the airbraft; notonly becaus.e there is no pilot on board, butbecause

### th~teJs no robm

### br~apacitytO car·ry such a·n·item on the aircraft. The equivalent level of safety will be m·aintained by

### k~ep ing the flightmanual at the ground control point where the pilot flying the sUAS 

### will have immediate access to it.
14 C.ER

. 

### § 91.103: 'Preflight Action 

# This**:r~gulatidn ~e~uir~·s**  each piJot

## i~ tdmmand.\6

## t~ke certain' actions bef6 re flight to insur¢:the safetya(flight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft

# a.n exe.hlptiC>h W!ll be

### ne~ded ·,The PIC

### Will take all actions including ' reviewing weather, flightbatterY requirements, lahdihg ahd takeoffdistances and aircraft performance data before iti.itiation C>f flight.

.. . . 

### 14 C.'F.R.'§91.109.: Flight histruction

... ' . ': . ·. ·. -· .... · .. - . . . .. ., Section 91 .1 03 provides thatno person may operate a civil aircraft (except a manned free**b~llqon)** that is being used forflight instruction unless thataircraft has fullY functioning dual controls. 

## ·sLJAS cuid remotely piloted aircraft; by the.ir design do not··

...**h~ve** fullyfunctionaldual controls. Flight control is accomplished through the use of a
. control boxthat conimunicate swith the aircraftvia radio comrntmicatibns. TheFAA has app,roved

### e~emptions for flighttraining without fully functionaldual controls fora

### nulllb~r

. ·.... ' '·.... :.". ,· ' ,, . ·. . . ' . '
... 6110.,ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.
14 C.F.R. §91.119: Minimum Safe Altitudes
Section 91 .119 establishes safe altitudes for operation ofcivil 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 exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 

### 400 AGL, or not more than 

### 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations

.As set forth herein, the sUAS will never operate at higher than 

### 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 1 

### 00' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will**no~** be exposed to**oper~tions wit~out** **their,pre-obte~ined** consent. The e·quivalentlevel ofsafety Will be achieved given the size, weight, speed ofthe sUAS as Well

# as the locatioh Where it is operated. No flight will be taken without the**permi~sjon.of** the property owner or l.oc.al officials. Because ofthe advance notice to the property owner and participahts 'in the filming activity, all affected individuals will be aw(ire ()fthe.**pl~nnedfHght** operatior,1s. C()mpa,red to flight ()Perations with aircraft or iotorcraftweighting far more'tnahthe maximum 551 bs: proposed herein and the lack'of ··

### flatnmable,t~·el, any risk assotiatedwith these:operations is far less thah th-ose .: presentlypresented with**conven~i<>.hal** aircraftoperating at qr below 500 AGL In addition, .the low-altitude operations ofthe sUAS will ensure

### sep~ration between these small- UASoperations an·d the_o.perations of conventional aircraft that must comply with Section 91 .119.

. . . . . . . . .**!~.C~f=-'R~** §91.121 Altimeter Settings·

. .

### T~i~ ,regLJiation requires eachperson ·operating_

### ~n aircraft to maintain cruising altitude 

### by reference to an**~ltimeter** that is set_,

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric**~ltimeter,** but instead a GPS altitude read out, an exemption may be needed

.

### Arle~uivaiE:mt level ofsafety will be achieved by the operator, pursuant to the safety check iist.alld iive flight

### dat~ monitoring,cohfinningthe altitude ofthe launch site shown 

# Oh the-GPS altitude,

### ilidit~tor before flight.'_

. . . ,. . .

### -~- 14:c.F;R. § 91.151-(a):

## Fli~l Requirements for Flight in VFR Conditions

71.10Section 91.15 1 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wihd and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."
The battery powering the sUAS provides approximately 30 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS 's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight ortwilight VFR conditions is reasonable

. Applicant believes that an exemption from 14 CFR §91 .151 (a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with Jess than 30 minutes of reserve fuel, does not engender the type of risks that Section 91

. 151 (a) was intended to alleviate given the size and speed ofthe small UAS

.Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption willbe granted. Applicant believes that an equivalent level ofsafety canbeachievedby limiting fl.ights to 30 minutes·or 25% ofbattery**power~whichever** .·· happens first. This rest rictionwould be more than ·adequate to return the sUAS to its planned :landing zone from anywhere in its limited operating area. • · 

### 14 C.F.R/§91.203 (a) and

### (b); Carrying Civil Aircraft Certification and Registration The regulc;iticm provides in pertinent part:

.. . . .. . .. .. · (a) Except as provided in§ 91.715,· nb person mcw:operate_ a civil aircraftunless ithas

· "within itthe following : · · · · -· : .· · ·. ·. · ·· (b)'(1)An:appropriate·andcurrent airworthiness-certificate

..... (b) N.o. pers(>n may operate 

### a. civil aircraft u.nle$S the airworthiness certificate requ i red by paragraph (a}ofthis .section ora.$pec;ial flightauthorization i$sued under §91

. 715 is displayed atthe cabin o.r cockpit entrance so trat it is.legibleto passengers or crew. ThesUASfully loaded Vl(eighs.ho morethan.55.1bs. and is operated without anonboard pilot. As such , there isno ability or place to carry certification and registration i:Jocuments orto display:them on the sUAS. · ·

' .., '. ,., ' . . . . An.equivalentlevel.of safetywillbe achieved by keeping these documents atthe ground control.pointwhere the pilot flying the sUAS,will have immediate access to them, to the**ext~11t** they_are applicableto.the sUAS. 

### 14**C~F.R.** 

### §91.205 (b) Powered civil aircraftwith standard category U.S. airworthiness certificates: Instrumentand equipment requirements Several ofthe instrument and equipment requirements are not physically possible and/ <;>r rnec;hanically unnecessaryto includeon the sUAS that EPC intends to operate

. 

### 10Examples ofthese include but are·not limited, to"oil temperature gauge foreach aircooled engine" and "magnetic direction indicator." 14 C.F.R. §91 .215 (a) 

### & (b) ATC transponder and altitude reporting equipmentand Use The instrument and equipment requirements are not physically possible to include on the sUAS that EPC intends to operate. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate , these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An**~qqiv~lent lev~lofsafety**  will 

## pe**achi~ved Pfaqaus~**  these smaiiUASs**ar~very** limitedi.F1 size.andwill C()rry,a sm()l,l payload andoperate only in restricted areas for limited periods oftime. If mechanical issues arise the sUAS can land immediately and will be**op~ratipg** from.no higher than 400 feet AGL. The qperator will ensure thatthe sUAS is inworking·order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the:aircraftand best suited. to me1inta,in the (lircraft in ()n airworthy conditionto provide the. e.quivalent level ofsafety. An**e.qqiv~lent** .le\fel ofsafetywill·be.achievedbee()use maintenance and inspe.ctions.will be performed in accordance with the sUAS Manufacturer'sManual , as referenced in the Aircraft**Opera~i9.ns Man~Jal**  (AOM),Af> provided if') thefOM, the operatorwill ensure**t~J~t** th.e sUAS is in working order prior to initiatingflight and perform required**m~intenance** neecled. · Additional lnf()rmation· The chiefpilqt,and**Own~rof ePiar~et<;onnect,**  

### LU;, Thai Doanhas been .· ..

### invol.v~cl in, th,e buildillg cmd piloting ofremote

### controll~d.aircraftformore than 5 years. As a .Private RotorcraftPilot, he js dedicated tq impleme.nting the many safety and security features necessary to ensure that the sUAS industr,y develops withthe best public a,nd priy(ite interests.·· Each flightcpnduc;ted will.be performed in () similar mannerto mannedflights, which will include•preand pqst7 flight inspections, checkingNOTAMs, analyzing weathe.r, using gurrent sectionalandterminal charts, determining eme.rgency**p~ocedures,** ()nd utilizing any qther methods ancl materials pertinentto the planned area ofoperations. ' Satisfaction of criteria provided in Section 333 ofthe Reform Act of2012 provide more

.........................................., .....:................................................................... ' ....•.•............. . :.............• ............................................v ..................................**~**. . . . than adequate justification for the grant ofthe requested exemptions allowing the commercial operation ofthe applicant's sUAS.

ThaiDoan Owner and Chief Pilot ePianetConnect LLC

10 110