U.S. Department of Transportation, Docket Operations

West Building, Ground Floor, Room w12

- 140 1200 New Jersey Avenue, S.E. Washington, DC, 20590 **Application Petition for Section 333 Exemption**  February 2 7 , 201 6

Petitioner: Steven S. Schuehle Private Pilot ASEL 4091 Monroe Road Allegan, MI 49010 Good Afternoon, I am submitting this petition for exemption pursuant to Section 333: FAA Modernization and Reform Act of 2012, Public Law 112

- 95 Feb 14, 2012, Section 333. I request this exemption in order t o operate my UAS, a DJI Phantom 3 Advanced Quadcopter Aircraft, and provide services for compensation to include aerial photography and/or videography for real estate , construction firms, agricultural monitoring, aerial mapping, business advertising, promotional events, geological surveying, environmental studies and special events to include but not limited to, weddings, private or public parties/events

. The ability to provide these services to local businesses and individuals in my community will benefit them by opening up opportunities they did not have before. Traditional methods of aerial photography/videography are simply not viable options for the average consumer as they are costly and involve gre ater risks to everyone involved, i.e. utilization of humans, flammable fuel, etc. By utilizing the UAS, the same or superior results can be achieved more economically under much safer conditions. Commercial o perations will be performed only at the request of, and with the authorization and permission of cl ients or their authorized agents. The specific sections of 14 CFR that I am seeking exemptions for are as follows: 61.113(a) & (b), 61.113(b), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) , 91.409(a)(2), 91.417(a) & (b) This petit ioner seeks exemption from the above mentioned FARs for the following reasons: **61.113(a) & (b)**

– The petitioner requests relief in order to facilitate the utilization of pilots, who hold a private pilot, or greater, certificate. Any pilots operating und er this exemption would be required to comply with any conditions as set forth and in a similar fashion to the previously granted exemptions. **91.119(c )** 

– As discussed in Exemption # 11138 (Douglas Trudeau), operations conducted closer than 500 feet to the ground may require that the small UAS be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the te rms “congested areas” and “densely populated”. The petitioner requests waiver for this condition to allow reasonable and responsible operations in a reas of subdivisions and neighborhoods if required.**91.121**

– As discussed in Exemption 11138 (DOUGLAS TRUDEAU) , unit is incapable since the small UAS

does not have an altimeter and instead utilize s electronic GPS for altitude, and if GPS signal is lost, altitude can be monitored/maintained via an onboard barometr ic sensor

. **91.151(a)**

– As discussed in Exemptions 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, simi lar UAS

- specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The small UAS batteries provide approximately 23 minutes of powered flight. In formation provided in the operating document discusses procedures regarding remaining battery life and power management. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified leve l. Beyond that, the petitioner’s small UAS initiates a “Go Home” (to the flight’s origination point) when battery level drops to the “Low Battery” level. Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable. **91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) & (b)**

– As discussed in Exemptions 11138 (DOUGLAS TRUDEAU), t he petitioner proposes to inspect a nd ensure that the small UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner’s operating documents and the conditions and limitations specified, describing the requirements for m aintenance, inspection, and reco rd keeping were sufficient to ensure that safety would not be adversely affected. In addition, the petitioner’s own experience as a certificated private pilot qualifies him to determine his air craft’s airworthiness.
**The Pet itioner’s**  **Small UAS** The DJI Phantom 3 Advanced is a highly successful consumer grade small rotocraft in the quadcopter configuration with a weight of 2.8 pounds (12 80 g) designed primarily to carry aloft a high definition camera. It has an advertised maxi mum speed of 31 knots (1 6 m/s) and a maximum climb rate of 984 ft/min ( 5 m/s). It is powered by four electric motors with a distance between motors of less than 14 inches (350mm). It utilizes an internal inertial measuring unit (IMU) with integrated barom etric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL ), distance from PIC, camera imagery, and control camera angle. **Risk mitigation** The petitioner’s small UAS has failsafe modes of operati on for either loss of radio control, GPS signal, or low battery level. Altitude can be limited by the onboard flight controller and maximum altitude can be programmed by the PIC. Battery life limits flight times to approximately 23 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined state. It is anticipated that fl ights will usually last less than 1 5 minutes.

**Safety**The petitioner will conduct a pre

-flight inspection of the UAS prior to each flight. A thorough

assessment of humans/animals, buildings, powerlines, distance to nearest airport, weather, etc. will be made before each flight. In addition to the PIC, an observer will be present for each flight. Visual line of site will be maintained at all times. Flights will only be conducted during daylight hours.
**Public Interest** Use of the UAS in lieu of a manne d 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. Additionally, use of the small UAS in order to facilitate comm erce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities and benefits of their desired photographic subjects that cannot be d isplayed through ground level videography/photography. Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photography. Crop surveying applications could lead to decreased use of pesticides and fertili zer and conservation of water as wel l as increased crop yields and decreased costs. Aerial surveying and inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. Liability insurance will be obtained commensurate with the granting of this request for exemption. Flight data including UAS flight time, Control Unit operation time, inc ident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting d ata regarding the use of UAS as part of this application. This data may be submitted to FAA via traditional mean, e.g. COA Monthl y Reports, or other means as required.
**Conclusion** The petitioner is requesting this exemption for the purposes of surveying, real estate and general aerial photography/videography . The petitioner’s market research shows that significant demand for these services exist . The petitioner understands that along with a 333 exemption, there is great deal of responsibility associated with it, and the petitioner is committed to adhering to all specified conditions/limitations and ensuring that each and every flig ht is conducted safely.