February 9, 2016 U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 RE: With Regard to Request for Exemption ofSection 333 oftheFAAModernization and Reform Act and Part 11 ofthe Federal Aviation Regulations from Title 14 ofthe Code ofFederal Regulations Part 21; 14 CPR45.23(b); 14 CPR 61.113 (a) & (b); 14 CPR 91.7(a); 14 CPR 91.203 (a) & (b); 14 CPR 91.215 (a) & (b); 14 CPR 91.131 (d); 14 CPR 91.405 (a); 14 CPR407 (a) (1); 14 CPR 409 (a)(2); 14 CPR 417 (a) & (b) To Whom ItMayConcern: Pursuantto Section 333 oftheFAA Modernization and Reform Act of2012 and the 14CFRPart 11, Thomas N. Fraserbeingthe operator ofa DJI Phantom 3 Advanced, Model NumberW322, Small Unmanned Aircraft System (sUAS) equipped to perform aerial photography and videography services hereby applies, onbehalfofFraser Investigative Engineering Services, PC, for an exemption from the listed Federal Aviation Regulations (PARs) to allow commercial operations ofits sUAS so long as such operations are conducted within and underthe conditions outlined herein or as maybe established bythe FAA as requiredby Section 333. This submission for exemption would permit the operation ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions inthe NAS that isbothlimited and predetermined. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (FAA Administrator's) responsibilities to "

..establishrequirements for the safe operations ofsuch aircraft systems to the national airspace system." Section 333 (c) ofthe Reform Act.

·Applicant and Owner ofsUAS:

Thomas N. Fraser, PE, NAFI, CFEI Fraser Investigative Engineering Services, PC 7670 Chase Road Lima, New York 14485 (585) 582-2533 business (585) 704-5525 cellular tom.fraser@fraseries.com Regulations included within therequested exemption include: 14 CPRPart 21 14 CPR45.23(b) 14 CPR 61.113 (a) & (b) 14 CRF 91.7(a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b)14 CFR 91.215 (a) & (b) 14 CFR 91.131 (d) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CRF 409 (a) (2) 14 CFR 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333 (a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofsUASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following:

• The sUAS's size, weight, speed, and operational capacity; • Operation ofthe sUAS in close proximityto airports and populated areas; • Operation ofthe sUAS within visual line ofsite (VLOS) ofthe Pilot/Operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system. Id. §333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authorityby its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes sUASs, from the requirement that all civil aircraft musthave a current airworthiness certificate. The Administrator may grant an exemption from the requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(±) See also 49 USC §447.44(a); 49 USC §447041 14CFR §91.203 (a) (1). Thomas Fraser and the Fraser Investigative Engineering Services, PC sUAS is a DJI Phantom 3 Advanced quadcopter, Model W322 gross weight of2.8 pounds includes a 2.7Kvideo/12 megapixel camerathat operates under normal conditions at a speed ofno more than 10 meters per second and has a capability to hover and move in the vertical and horizontal plane simultaneously. It will operate only in line ofsight of the Pilot/Operator and will operate with the permission ofthe property owner or designated representative. sUAS's will notbe flown over active sports stadiums, near emergency response sites, near other aircraft or airports orwhile under the influence. Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system orthe public" as perthe Reform Act Section 333 (b). This proposed exemption would allow the operation ofunmanned aircraft system (sUAS) for the purpose ofaerial videography and photographs for forensic property damage evaluation engineering insurance investigations and general aerial photography. Applicant submits the Fraser Investigative Engineering Services SafetyPolicy and Operations Checklist as confidential documents under 14CFR 11.35(b) as these documents containproprietaryinformation that the application has not and will not share with others. The safetypolicy contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et. Seq.

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Given the small size ofthe sUAS involved and the limited environment within which that will operate, the applicant falls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofsUASs to commence immediately. Also, due to the size ofthe sUAS and the limited areas inwhich the relevant sUAS will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significantpublicbenefit, including enhanced safety with allowing sUASs for commercial aerial videography and photographyoperations, the grant ofthe required exemptions is inthe public interest. Accordingly, the applicant respectfullyrequests thatthe FAA grant the requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicantproposes that the exemption requested herein applyto civil aircraftthat have the characteristics and they operate with the limitations listed herein. These limitations provide for at least and equivalent orevenhigh level ofsafetyofoperations underthe current regulatory structure because the proposed operations are conducted under thepermission ofthe property owner orpropertyrepresentative. These limitations and conditions to which Fraser Investigative Engineering Services agrees to bebound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within visual line ofsight (VLOS) ofa Pilot/Operator and/or observer. 3. Maximum total flight time for each operational flight will beless than 30 minutes. Flights will be terminated at 20%batterypowerreserve should that occurpriorto the 30 minute limit. 4. Flights will be operated at an altitude ofno more than 400 feet AGL, or, when photographing a structure taller than 400 feet, the sUAS will not be operated more than 100 feet above the highest point ofthe structure. 5. Minimum crew for each operation will consist ofthe sUAS Pilot/Operator and the Visual Observer. 6. sUAS Pilot/Operator will be Pilot in Command (PIC). Ifthe Pilot/Operator deems another Pilot/Operator to be qualified withthe necessary skills to bethe Pilot/Operator, that person can also be designated as Pilot/Operator provided theyhave a minimum of20 hours offlight time with the sUAS. 7. Flights will be operated at a lateral distance ofat least 20 feet from anyinhabited structures, buildings, vehicles, vessels, orpeople not associated with the operation. 8. A briefingwill be conducted inregard to the planned sUAS operations priorto each flight activity. It will bemandatory that all personnel involved with the operational duties ofthe flight bepresent for this briefing. 9. Pilot/Operator and Observer will have been trained in operation ofsUAS generally and received upto-date information onthe particular sUAS to beoperated. 10. Observer and Pilot/Operator will at all times be able to communicatebyvoice, radio, and/or text. 11. Written and/or oral permission from the relevant property holders orpropertyrepresentatives will be obtained. 12. Ifthe sUAS loses communications orloses its GPS signal, the sUAS will have the capabilityto return to a pre-determined location and land autonomously. 13. The sUAS will have the capabilityto abort a flight in case ofunpredicted obstacles, weather, or emergencies.

314 CFR §91.109 Flight Instruction No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communication. The FAA has approved exemptions for flight training without full functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level ofsafety is provided bythe fact that neither a pilot norpassengers will be · carried on the aircraft and bythe size and speed ofthe aircraft. 14 CFR §91.119 Minimum Safe Altitudes Section 91.119 established safe altitudes for operation ofcivil aircraft. Section 91.119(d) allows that helicoptermaybe operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specificallyprescribed for helicopters bythe FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 feet AGL, an exemption maybeneeded to allow such operations. As set forth herein, the sUAS will never operate higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey orphotograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or representative. Because ofthe advance notice to the property owner and otherparticipants in the activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotocraft weighing far more than the maximum 55 pounds proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presentlypresented with conventional aircraft operating at orbelow 400 feet AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between the sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 CFR §91.121 Altimeter Settings This regulation requires eachperson operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS maynot have a barometric altimeter, but instead a GPS altitude readout, an exemption maybe needed. An equivalent level ofsafetywill be achieved bythe Pilot/Operatorpursuant to the safety checklist and live flight data monitoring, confirming the altitude ofthe launch side shown on the GPS altitude indicator before flight. 14 CFR §91.151 (a) Fuel Requirements for Flight in VFR Conditions Sections 91.151(a) prohibits an individual from beginning "a flight in an airplane 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- (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.

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The batterypowering the sUAS provides less than 30 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations ofthe sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer timefrarne for flight in daylight ortwilight CFR conditions is reasonable. The applicantbelieves that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the sUAS, in a limited area where onlypeople and property owners orrepresentatives with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.151(a) was intended to alleviate given the size and speed ofthe sUAS. Additionally, limiting the sUAS flight to 10 minutes would greatly reduce the utility for which the exemption will be granted. The applicant believes that an equivalent level ofsafety can be achieved by limited flights to 30 minutes or 20 percent ofbatterypower- whichever happens first. This restriction would bemore than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 and 10808. 14 CFR §91.203(a) and (b) Carrying Civil Aircraft Certification and Registration The regulation provides in the pertinent part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (a) of this section or a special flight authorization issuedunder §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs less than 55 pounds and is operated without an onboard pilot. As such, there is no ability to place the carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafety will be achieved bykeeping these documents at the ground control point where the Pilot/Operator flying the sUAS will have immediate access to the documents to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A and 10700. 14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d) ATC Transponder and Altitude Reporting Equipment and Use The pertinent section of91.215 (a) and (b) requires the "(a) All airspace: U.S. registered civil aircraft. For operations not conducted underpart 121 or 135 ofthis chapter, ATC transponder equipment installed

... (b) All airspace. Unless otherwise authorized or directed byATC, no person may operate an aircraft in the airspace described in paragraphs (b)(l) through (b)(5) ofthis section, unless that aircraft is equipped with an operable coded radar beacon transponder"

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5This requirement applies (1) All aircraft. In Class A, Class B and Class C airspace areas; (2) All aircraft. In all airspace within 30nautical miles ofan airport listed inAppendix D, Section 1 of this part from the surface upward to 10,000 feet MSL; Likewise, the pertinent section of911131(d); Operating Rule in Class B Airspace. (d) Other equipmentrequirements; "Noperson mayoperate an aircraft in a Class B airspace area unless the aircraft is equipped with: (1) The applicable operating transponder and automatic altitude reporting equipment specified in §91.215(a)

...and (2) AfterJanuary 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in §91.225." Because ofthe small size and limited lifting capacity ofthe sUAS, the sUAS cannotbe fitted with and operate a transponder and automatic altitude reporting equipment specified inparagraph of91.215(a) and (b) and 91.131(d). An exemption from theserequirements isrequested. The equivalent level ofsafety can be assured usingtheprocedures defined for each class ofairspace. 

### Within the surface areas of Class "B", Class "C", 

### Class "D" airspace Withinthe lateral boundaries ofthe airspace, the Pilot/Operatorwill establish 2 way communications with the ATC facility havingjurisdiction for that area. The Pilot/Operatorwill provide the location (heading and distance) relative to the center ofthe airspace and request clearance to "Maneuver" above that location at or below 400 feet AGL. The Pilot/Operator will beresponsible for "see and avoid" traffic conflicts. The Pilot/Operatorwill at all times yield right ofwayto ANY and ALLmanned flight operations. All operations within 2 miles oftheprimary airport will bepre-arranged with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all manned operations canbe conducted without negativelyimpactingthe flight safety. 14 CFR §91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b) Maintenance Inspections Theseregulations require that an aircraft operator orowner "shall havethat aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart43 ofthis chapter

..."and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part43 applyonlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe Pilot/Operatorpursuantto the flight manual and operating and handbook. An equivalent level ofsafetywill be achieved becausethese small sUASs are verylimited in size and will carry small payload and operate onlyinlimited areas for shortperiods oftime. Ifmechanical issues arise, the sUAS will land immediately and will be operating from no higherthan 400 feet AGL. The Pilot/Operatorwill ensure that the sUAS is inworking orderprior to initiating flight, performrequired maintenance, and keep a log ofanymaintenanceperformed. Moreover, the Pilot/Operatoris theperson most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety 6will be achieved because maintenance and inspections will beperformed in accordance with the sUAS manufacturer's manual, as referenced in the Aircraft Operations Manual. As provided inthe Operations Manual, the Pilot/Operatorwill ensure that the sUAS is in working orderpriorto initiating flight and perform required maintenance as needed. Additional Information The applicant, Thomas N. Fraserhas completed Private Pilot Ground School Training and Successfully Completed the Ground School Written Examination with an over 90 percent score. Heholds a Professional Engineer's License inNewYork State, Pennsylvania, Ohio, New Hampshire, Virginia and Maine. United States Army Military Experience with Corps ofEngineers including coordinating flight operations for tactical maneuvers, Dates ofService May 1973 to May of 1993. This Pilot in Charge will operate the sUAS and have accumulated and logged, in a manner consistent with 14 CPR 61.51(b), at least 25 hours oftotal time as a sUAS quadcopterpilot. The PIC will accomplish three take offs and landings in the preceding 90 days priorto any flight. SUMMARY Pursuant to 14 CPR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed. Application seeks an exemption from the following rules: 14 CPR Part 21 subpart H; 14 CPR45.23(b); 14 CPR 61.113 (a) & (b); 14 CRF 91.7 (a); 14 CPR 91.9 (b) (2); 14 CPR 91.103; 14 CPR 91.109; 14 CPR 91.119; 14 CPR 91.121; 14 CPR 91.151 (a); 14 CPR 91.203 (a) & (b); 14 CPR 91.215 (a) & (b); 14 CPR 91.131 (d); 14 CPR 91.405 (a); 14 CPR 407 (a) (1); 14 CRF 409 (a) (2); 14 CPR 417 (a) & (b) to commercially operate a small unmanned vehicle (55 pounds orless) equipped to conduct aerial photography and videography services. Approval ofexemptions allowing commercial operations ofsUASs to conduct aerial photography and videography services will enhance safetybyreducing risk. Conventional photography operations, usingjet orpiston powered aircraft, at extremelylow altitudes, often very close to the subject/structurebeing filmed and in close proximityto people and structures; and present the risks associated with vehicles that exceed 3,000 pounds, carrying large amounts of jetA orother fuel. In contrast, a sUAS weighing fewer than 55 pounds and poweredbybatteries eliminates virtually all ofthe risk given the reduced mass and lack of combustible fuel carried onboard. The sUAS is carried to the location. The sUAS will carryno passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall sUASs, weighing less than 55 pounds, conducted in the conditions outlined within, will provide an equivalent level ofsafety supporting the granting ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground butunder400 feet AGL and within the limited area and, as a result, are far saferthan conventional flight operations conducted with turbine helicopters operating in closeproximityto the ground and people.

7Privacy All flights will occur over private or controlled access property with the property representative or owner's prior consent and knowledge. Filming will be ofstructures with owner consent to being filmed or otherwise have agreed to be in the area where filming will take place. All flights will occur in accordance with any state orlocal laws regarding privacy. Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports and populated areas and operations within visual line ofsight (VLOS) and national security- provide more than adequatejustification for the granting ofthe requested exemptions allowing commercial operation ofapplicants SUAS in the aerial photography and videography ofthe forensic engineering services industry. Sincerely,

Thomas N. Fraser, PE, NAFI, CFEI Fraser Engineering and Design Services

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