**David A. Pace dba Pace Photography**

**- Section 333**  **Exemption Petition** 

U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave, SE Washington, DC 20590
January 19, 2016 **RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation Regulations** 

Dear Sir s ; In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, I, David A. Pace dba Pace Photograph y , hereb y request exemption from the Federal Aviation Regulations to allow for commercial operations of a DJ I Phantom 3 Advanced, Unmanned Aerial Sy stem (UAS) for purposes of aerial photography and videograph y; but only so long as such operations are conduct ed within and under the conditions outlined herein or as may be established by

the FAA as required by

Section 333 or Section 49 USC § 44701 **Applicant :**  David A. Pace dba Pace Photograph y P.O. Box 1076 Sequim, WA 98382 (360) 681

- 8705
**Qualifications:**

FAA Pilot Certificate No. 3222259 Airline Transport Pilot, Airplane Multiengine Land

- CE

- 560XL; CE

- 680 Commercial Privileges, Airplane Single Engine Land Private Privileges, Single Engine Sea First Class FAA Medical
**Experience:** Former Owner/Operator of Part 135 Charter operations Part 121 First Officer, Horizon Airlines Part 91k/Part 135 Captain Citation Sovereign Over 10,000 hours total flight time

**Attachments:**1. DJIPhantom 3 Advanced User Manual (file too large to attach to electronic submission)

2. DJIPhantom 3 Safet y Guidelines Disclaimer 3 . Intelligent Flight Battery Safet y Guidelines
**Specific Regul ations from which relief is req**  **uired:** 14 CFR 21, Subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 14 CFR 91.7 (a) 14 CF R 91.9 (b) (2) 14 CFR 91.103 (b) (2) 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) (l) 14 CFR 91.409 (a) (l) & (a) (2) 14 CFR 91.417 (a) & (b) **14 CFR 21, Subpart H**

**-** In consideration of the size, weight, speed, and limited operating area associated with this UAS and its operation, I, David A. Pace request relief from 14 CFR part 21, Subpart H, and an y associated noise certification and testing requirements of part 36. The UAS will carry neither pilot, passenger, explosive materials nor flammable liquids. **14 CFR 45.23 (b)**

**-** Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilo t station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provide d by having the UAS marked on its fuselage as required b y §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." **14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a)**

**-** Since the UAS will not carry a pilot or passengers I, David A. Pace request a relief from these regulations. Any pilot in command or (PI C) operating the UAS will hold a Sport Pilot (or greater) certificate. A visual observer or (VO) will be utilized and required to communicate ver ball y at all times. The UAS will be limited to operations within visual distance of both the PIC and VO. All UAS operations will take place in a controlled area. The risks associated with the use of a UAS are far less than similar commercial aircraft operations. **14 CFR 91.7 (a)**

**-** Since the UAS will not carry a pilot or passengers there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory

standard exists for determining airworthiness. Given the size of the aircraft, maintenance, and use of safet y checklist prior to each flight, an equivalent level of safety will be provided. All flights will be in accordance with the safety and maintenance recommendationsfound in the DJ I Phantom 3 attachments. This particular DJ I Phantom 3 Advanced is registered

with the FAA and has Registration Number **FA3PKN3HCW** affixed to the UAS. **14 CFR 91.9 (b) (2)**

**-** Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no roo m, capacit y, or pilot on board to adequately carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at the ground station where the UAS pilot will have immediate access to it. **14 CFR 91.103 (b) (2)**

**-** As no FAA approved flight manuals will be provided for the aircraft an exemption is needed. Alternate procedures including but not limited to reviewing weather conditions, checking flight battery requirements, checking takeoff and landing distances along with those found in the attached " DJ I Phantom 3 Advanced User Manual " and “DJ I Phantom 3 Advanced Safet y Guidelines Disclaimer” will be implemented. These actions will provide an equivalent or higher level of safet y. **14 CFR 91.109**

**-** UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use of a control box that communicates with the aircraft via radio communications. An equivalent level of safety will be achieved using the real time ground station data an d given the UAS will carry neither a pilot nor passengers. **14 CFR 91.119 (c)**

**-** The UAS will never be operated at an altitude higher than 400 feet AGL. The UAS will operate in safe areas away from public and traffic and onl y with permission of the propert y and structure owners. The UAS will also be restricted b y the flight controller to a maximum vertical height of 400 feet AGL, and 1500 feet horizontal. Given the size, weight, maneuverability

and speed of the UAS, an equivalent or higher level of safety wi ll be achieved. **14 CFR 91.121**

**-** As the UAS may not have a barometric altimeter, but instead a GPS barometric sensor for altitude information an exemption may be required. An equivalent level of safet y will be achieved using a ground station which links to a telemetry data link. This will provide the pilot with live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator prior to flight. **14 CFR 91.151 (a)**

**-** The UAS has a limited range and will be limited to operations in a controlled environment. The battery power the UAS provides approximately 23 minutes of flight time. The UAS is unable to meet the 30 minute reserve requirement and therefore requires an
exe mption. An equivalent level of safety will be achieved b y monitoring the battery through the ground station and landing with a minimum of 30 percent battery power remaining. **14 CFR 91.203 (a) & (b)**

**-** Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequatel y carry a flight manual. An equivalent level of safety will be maintained by

keeping the flight manual at the ground station where the UAS pilot will have immediate access to it. Given the following sections only appl y to aircraft with an airworthiness certificate; these sections do not apply

to this applicant. As a safet y precaution, the operator will perform preflight inspections and ensure UAS is in work ing condition before initiating each flight: 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (l) & (a) (2) 14 CFR 91.417 (a) & (b)**Ho w the Operator will Maintain an**  **equivalent level of safety:**

In addition to the safet y s tandards mentioned ab ove the UAS will adhere to the following additional guidelines: 1. The UAS will not be operated within 5 miles of an airport unless prior contact to Air Traffic Control has been established. 2. Flights will not exceed an airspeed of 36 mph (31.3 knots) 3. Flights will be operated at or below an altitude never exceeding 400 feet AGL. 4. The PI C and VO will communicate verbally at all times. 5. UAS operations will not be conducted during night. 6. All operations will be conducted under visual meteorological conditions. 7. The UAS will land with a minimum 25 percent battery reserve remaining. 8. The UAS will only

be piloted within visual line of sight. 9. The UAS will utilize an internal flight safet y feature that will return to a preprogrammed position and land if communication with the remote control is lost. 10. Preflight inspections and protocol will be followed prior to all operations. 11. The UAS will abort flight in the event of unpredi ctable obstacles or emergencies.

**How granting the exemption would be in the public interest:** I, David A. Pace, believe the use of a UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact compared to similar operations c onducted with a manned aircraft carrying a crew and flammable fuel. The use of a UAS in the real estate industry , and for other survey and assessment uses , provides a higher level of marketing and service. The UAS is able to provide a view which encompasses the entire propert y in a single photo or short video clip. When compared to similar operations, utilizing a UAS poses much less of a safet y concern for the general public with less fuel, time, noise , cost, and other resources. **Privacy** All flights will occur over private or controlled areas with the owner's consent. Capturing people in images will rarel y occur. If a person is captured in a collected image they will have consented prior to filming or otherwise have agreed to being in the area pri or to the filming taking place.

**The proposed operations:** Using the DJ I Phantom 3 Advanced for commercial photography and video in the following settings: • Real Estate: residential and commercial properties for sale • Inspections: low altitude photography and videograph y for the benefit of the pubic and the use of individuals and companies seeking cost effective solutions • Corporate Use: individual companies seeking to have their product or serviceviewed from an auxiliary angle

**Make and model of Aircraft for Proposed Operations:** 
DJIPhantom 3 Advanced

- FAA Registration Number FA3PKN3HCWE

Sincerel y,

David A. Pace Dba Pace Photograph y PO Box 1076 Sequim, WA 98382