1 John M. Sauler

1128 SW 132 nd Street Oklahoma City, Oklahoma 73170 (405) 820-9622 johnsauler@gmail.com

Date: January 12, 2016

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

RE: Petition of John M. Sauler fo r Exemption Pursuant to Sectio n 333 of the FAA Reform Act

Attn: To whom it may concern

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, John M. Saule r, operator of Small Unmann ed Aircraft Systems (“sUASs”) equipped to conduct aerial phot ography and videography, hereby applies for an exemption from the listed Federal Aviation Regul ations (“FARs”) to allow comme rcial operation of its sUASs, so long as such operations are conduc ted within and under the cond itions outlined herein or as may be established by the FAA as required by Section 333.1 as descr ibed more fully below, the requested exemption would permit the operation of small, unmann ed and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exempti on, if granted, would allow Joh n M. Sauler to conduct commercial operations of small unm anned aircraft systems (“UAS” ) meeting or exceeding all of the operational and safety require ments Congress has set forth in Section 333.

John M. Sauler plans to exploit th e capabilities of Unmanned Ae rial Systems to offer a multitude of services, including: - Aerial surveying - Event Photography/Videography - Real Estate Photography - Aerial filmmaking and photography - Construction site inspe ctions and monitoring

Statutory Authority Section 333, ti tled “Special Rules for Cert ain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states tha t the FAA “shall determine if certain unmanned aircraft systems may operate safely in th e national airspace system befo re completion of the (comprehensive) plan and rulem aking required by section 332(b)( 1) of this Act or the guidance required by section 334 of this Ac t.” In Section 332(b)(1), Con gress made it clear that Section 333 provides a mechanism for “expedited operation authorization ” if several factors are met. Petitioner meets all requirement s to permit FAA approval of com mercial UAS operations.2 The Petitioner Requests Relief From the Following:

14 C.F.R. 61.113 (a) and (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.121 14 C.F.R. 91.151 (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a) (1) 14 C.F.R. 91.409 (a)(1) & (a)(2) 14 C.F.R. 91.417 (a) &(b)

Small Unmanned Aircraft System s UASs are oftentimes seen as sup erior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduc ed noise and as such, a much smaller environmental impact which promotes public safety.

I am petitioning for exemption to enable John M. Sauler to oper ate a DJI Phantom 3 Professional equipped with a three-axis camer a gimbal and a 4K High-Def came ra. This sUAS has a built-in capability to limit the height it flies above the ground and to limit the radius of the distance it flies from the operator. When the Control Link is lost, the DJI Phantom 3 Professional UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA does not reacqui re control link data from the G CS, the UAs will assume that the Control Link is lost and the UA will return to the home positio n (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

The Aircraft weight includi ng battery and propellers is 2.82 po unds. Max operating speed is 16 meters per second or 35.8 miles pe r hour. Please refer to the included User’s Manual for full specifications.

A Pre-flight inspection will be performed by the PIC in accorda nce with the factory instruction manual. An added step will be t he inspection of the propellers. A propeller will be replaced if it has any nicks and cracks with a m anufacturers authorized propel ler. The sUAS will be

maintained in accordance with the manufacturer’s instruction ma nual and only manufacturer's authorized replacement parts will be used.

FCC Information

This transmitter used for controlling the sUAS complies with pa rt 15 of the FCC rules. Operation is subject to the fo llowing two conditions:

1. This device may not cause harmful interference, and

2. this device must accept any interference received, including in terference that may cause undesired operation. The radio transmitter used for controllin g the sUAS is wireless technology which has been tes ted and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.483 GHz freq uency range.3 Antenna Separation Distance:

When operating our transmitter, the PIC will maintain a separat ion distance of at least 5 cm between his body (excluding fingers , hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

John M. Sauler will only utilize certificated pilots who posses s a current and valid airman

medical certificate to act as a pilot in command (PIC) of the D JI Phantom 3 Professional. Additionally, a safet y observer will assi st all pilots during f light time.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, i n flight operation, post flight req uirements, all procedures including but

not limited to: Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability

The Observer must have the visu al acuity to observe the sUAV an d be able to communicate clearly with the PIC. The Observers duties are; a) warning the PIC of any impe nding obstacles in the flight pat h of the sUAS. b) warning the PIC of any deviati ons in the planned flight path of the sUAS. c) warning the PIC should any unaut horized personnel appear in the area of the planned flight. d) The Observer will have the a uthority to order the PIC to ter minate the flight should he feel the flight cannot be conducted safely.

General Operating Standards

• John M. Sauler will only operate its sUAS in line of sight of a pilot and observer and will operate at sites that are a 'su fficient distance' from populate d areas. Such operati ons will insure

that the sUAS will "not create a hazard to users of the nationa l airspace system or the public."

• Before an operation of a sUAV w ithin 5 Miles of an airport wi th a control tower, the control tower will be called to gain pe rmission to operate the sUAS. Th e PIC will give the position,

altitude and the times the s UAV will be operate d. The sUAS will not be operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000-foot ceiling.

• Before an operation of a sUAS within 4 Miles of a non-tower c ontrolled, airport operators will benotified and the PIC will give t he right of way to avoid flyi ng in the proximity of full-scale

aircraft. At no time will the s UAV be operated within the final approach course and the takeoff course of any runway. The sUAV wi ll not be operate d at an altit ude of over 150 feet AGL.

Weather minimums will be 3 miles visibility and a 1000-foot cei ling.

• Maximum flight time for eac h operational flight will be 20 mi nutes.4 • Flights will be terminated at 20% battery power reserve shoul d that occur prior to the 23 minute

limit.

• The sUAV will be programmed s o that it will not be operated a t an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated plat form from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilo t, and Visual Observer.

• The sUAV operated by the peti tioner weighs less than 55 pound s, including the payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at sp eeds of no more than 25 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the s UAV and the restricted sterile e nvironment within which they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The UAS, powered by batteries, is sm aller, lighter and more man euverable than larger aircraft running on combustible fuel, it opera tes at lower altitudes wit h no people on board and will thereby reduce current risk lev els and thereby enhance safety a nd diminish the likelihood of death or serious bodily injury. With a small payload and maximu m flight time of only 23 minutes, this is 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 chara cteristics of large, complex pr operties with several buildings and large trees. The applicants in t he past have chartered 2-seat f ull-sized helicopters for this purpose, which has proven more costly than many potential clien ts have been able to afford. The

benefits of reduced cost and i mproved quality of presentation f rom the UA will be valuable to and benefit many buyers and sel lers of real property.

Additionally, we request that we be allowed to use our system t o benefit first responders nearby who might require assistance, i ncluding fire fighters, the poli ce, the sheriff, et al., while remaining subject to all limitati ons cited in this application as we do so.

(a) No flight will be made with a Gross weight exceeding 55 pounds: (b) All operations must occur in F AA Class G airspace at no more th an 400 ft AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM fr om the PIC; (c) All operations must utilize a safety observer (SO). The SO and PIC must be able to communicate by voice at all times during a flight operation; (d) Operations will be restricted t o flights over private property with the permission of the

property owner; (e) All required permits will be obtained from state and local gove rnment prior to operation; (f) will not be operated over densely populated areas; (g) will not be operating over any ope n-air assembly of people;5 (h) will not be operating over h eavily trafficked roads; (i) will not be operating at night.

EXEMPTION REQUESTS AND EQU IVALENT LEVEL OF SAFETY

John M. Sauler requests an exemp tion from the following regulat ions as well as any additional regulations that may technical ly apply to the operation of the sUAV System:

1) John M. Sauler Seeks Exemption Fr om The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitatio ns: Pilot in command

, subsections (a) and (b) prescr ibe the following, in relevant pa rt:

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

aircraft that is car rying passengers or property for compensati on or hire; nor may that person, for compensation or hire , act as PIC of an aircraft.

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

1) The flight is only incidental t o that business or employment; a nd

2) The aircraft does not carry pa ssengers or property for compensa tion or hire.

2) John M. Sauler Seeks Exemption Fr om 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 air craft unless it is in an airwo rthy condition.

3) John M. Sauler Seeks Exemption Fr om The Requirements Of Section 91.121.

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

a) Each person operating an aircraft sh all maintain the cruising a ltitude or flight level of that aircraft, as the case may be, by ref erence 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 r oute and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported a ltimeter setting of an appropria te available station;

or (iii)In the case of an aircraf t not equipped with a radio, the elevation of the departure airport or an appropriate altim eter setting available before de parture.6 4) John M. Sauler Seeks Exemption Fr om The Requirements Of Section 91.151(b).

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

a) No person may begin a flight in a rotorc raft under VFR conditions unless (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 t hat for at least 20

minutes.

5) John M. Sauler Seeks Exemption Fr om The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), sta tes the following:

Each owner or operato r of an aircraft—

a) Shall have that aircraft insp ected as prescribed in subpart E o f this part and shall between required inspections, except as provided in paragraph (c) of th is section, have discrepancies repaired as pres cribed in part 43 of this chapter [.]

6) John M. Sauler Seeks Exemption Fr om 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 aircraf t that has undergone maintenan ce, preventive maintenance, rebuilding, or alteration unless—

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

7) John M. Sauler Seeks Exemption Fr om The Requirements Of Section s 91.409(a)(1) And 91.409(a)(2).

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

a) Except as provided in paragraph (c) of this se ction, no person may operate an aircraft unless, within the preceding 12 cal endar months, it has had –

1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to servi ce by a person authorized by § 43.7 of this chapter; or

2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.7 8) John M. Sauler Seeks Exemption Fr om The Requirements Of Section s 91.417(a) And 91.417(b).

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

a) Except for work performed in accordance with §§ 91.411 and 91.4 13, each registered owner or operator shall keep the following records for the peri ods specified in paragraph (b) of this section:

1) Records of the maintenance, prev entive maintenance, and alterat ion and records of the 100-hour, annual, progressive , and other required or approv ed inspections, as appropriate, for each aircraft (including the airframe) and eac h engine, propeller, rotor, and appliance of an aircr aft. The records must include--

(i) A description (or ref erence to data accepta ble to the Administr ator) of the work performed; and (ii) The date of completion of the work performed; and (iii)The signature and certifi cate number of the person approvi ng the aircraft for

return to service.

2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each pr opeller, and each

rotor. (ii) The current status of life-limited parts of each airframe, engi ne, propeller, rotor, and appliance. (iii)The time since last overh aul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the ti me since the last inspection required by the insp ection program under which the a ircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, t he method of compliance, the A D or safety

directive number and revision date . If the AD or safety directi ve involves recurring action, the time and da te when the next action is req uired. (vi) Copies of the forms prescribe d by § 43.9(d) of this chapter for each major

alteration to the airframe and cur rently installed engines, rot ors, propellers, and appliances.

b) The owner or operator shall reta in the following records for th e periods prescribed:

1) The records specified in paragra ph (a)(1) of this section shall be retained until the work is repeated or supersede d by other work or for 1 year afte r the work is performed.

2) The records specified in paragra ph (a)(2) of this section shall be retained and

transferred with the a ircraft at the time the aircraft is sold.8 3) A list of defects furnished to a registered owne r or operator u nder § 43.11 of this chapter shall be retained until the defects are repaired and th e aircraft is approved for

return to service.

Safety and Benefits of the UAS

John M. Sauler will be using the UAS in a variety of applicatio ns that generally require expensive full-size manned aircraf t to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of f ull-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and sti ll photography, just to name a few. Replacing significantly larger ma nned aircraft carrying crew an d flammable fuel with small UAS carrying no passengers or crew c reates a much greater margin of safety for the pilots and crew. By granting John M. Sauler‘s the requested Exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. John M. Sauler is committed to promoting the U AS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this applicati on, all the SUAs which we would use, under authorization by the US DOT-FAA, are small, light-w eight devices operated within the line of sight ofthe Pilot-inCommand (PIC), less than 400 f eet above the ground and outside 5 miles from any airport, heliport, seaplane base, spacepor t, or other location with avia tion activities, unle ss the air traffic

control authorities (ATC) have been notif ied and have authorize d each flight within a radius of

this distance. All our SUAs have proven capability for control led flight. They are devices offered for general sale on t he market around the world and hav e often been used as Model

Aircraft in the USA. We are cert ain that the studies conducted until now by the FAA, about Section 332, Public Law 112- 95, 2014, have already provided you with the assurances on the

airworthiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein should be granted and John M. Sauler should be permitted to con duct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. These sam e Exemption Requests have bee n previously granted in Exemption Nos. 11062, 11109, 11112, 11213, 12559, and 14072. T he submission of this application and its contents is the best demonstration that ind eed it is possible to pursue the authorization process so that some sUAS may be used for legitim ate commercial activities and under reasonably safe conditions.

Signed

John M. Sauler9 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control
CFR Code of Federal Regulations

FAA Federal Aviation Administration
FAR Federal Aviation Regulation

GCS Ground Control Station
GPS Global Positioning System
NAS National Airspace System

PIC Pilot In Command

Section 333 FAA Modernization a nd Reform Act of 2012 (FMRA)
SO Safety Observer
UAS Unmanned Aircraft System
sUAS Small Unmanned Aircraft System
VFR Visual Flight Rules