BRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION

May 18,2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 

### Brian D. Fiske III 32238 Renoir Road Winchester, CA 92596



### Re: Exemption Request Section 333 ofthe FAA Reform Act oftheFederalAviation Regulations Dear Sir orMadam, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Brian D. Fiske III hereby petitions the Secretary ofTransportation and Federal AviationAdministration for exemptionto the above referenced and below more fully described Federal Aviation Regulations ("FARs"), that currently may ormay not apply to the recreational/business operations ofmodel aircraft including small unmanned aerial systems ("UASs). Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, Petition that I, BrianD. Fiske III, an owner and operator ofsmall unmanned aircraft, beexemptedfrom the Federal Aviation Regulations ("FARs'') listed below so that I, BrianD. Fiske III, may operate small ultra-lightweight unmanned aircraft system ("UAS") commercially in airspace regulated bythe Federal AviationAdministration ("FAA"). 1

As described herein I, Brian D. Fiske III, am a licensed Commercial Pilot (Certificate# 3460856) and earned a Master ofAeronautical Science Degree from Embry-Riddle Aeronautical University specializing inAviation! Aerospace Management. I am an experiencedpilot and former Certified Flight Instructor in fixed wing aircraft and have flown small unmanned aerial systems for hobby andrecreational purposes. This exemption wouldpermit commercial operation by BrianD. Fiske III, who would utilize both the Dll Inspire 1 and a DJI Phantom 3 Professional to conduct sUAS flight training, agriculture, education, real estate and property insurance documentationphotography, and videography, film and movie production, and demonstration flights to enhance academic community awareness. I am currently a full-time faculty member for Embry-Riddle Aeronautical University (ERAU) teaching undergraduate and graduate courses inAeronautical Science for ten years. As an Eagle Scout, the exemption would allowthe opportunity to provide community awareness to young people involved with scouting as well as students, veterans and alumni of ERAU. As described more fully below, the requested exemption would permitthe operation of UAS under controlled conditions in airspace that is 1) limited; 2) predetermined inBRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION

areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner and commercial real estate listing/property insurance documentation videos/photos; and 3) controlled as to access. The exemption would also provide safety enhancements to the already safe operations withinthe aerial photography, film and television industry presently using conventional aircraft and small, unmanned and relatively inexpensive UASs. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists withno safety plan or controls inplace to prevent accidents. I will operate myUAS within all safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards or accidents. Obtainingthis request comports with the Secretary ofTransportation's (FAA Administrator's) responsibilities and authority to not only integrate UAS's into the national airspace system, but to "
...establish requirements for the safe operation of such aircraft systems [UAS's] inthe national airspace system" under Section 333(c) of the Reform Act specific to the use ofUAS's for commercial purposes. Further I will conduct operations in compliance withthe protocols described herein or as otherwise establishedby the FAA. Forthe reasons stated below, I respectfully request the grant ofan exemption allowing 2

me to operate ultra-lightweight, remote controlled UAS's for the purpose ofproviding academic community awareness and education, to benefit and stimulate agriculture and tourism within California, general aerial photography, and to enhance real estate listing and property insurance videos for homeowners and business organizations who cannot afford expensive manned aircraft for the same purpose, all ofwhich willpromote local economic growth through increased employment and increased tax base. I. Contact Information: BrianD. Fiske III 32238 Renoir Road Winchester, CA 92596 Mobile: (949) 220-3019 Email: bfiske3@gmail.com II. The specific sections ofTitle 14 ofthe Code ofFederal Regulations from which Brian D. Fiske III requests exemption are:

1. 91.7(a) 2. 91.119(c) 3. 91.121 4. 91.151(a) 5. 91.405(a) 6. 91.407(a)(l) 7. 91.409(a)(l) and (2)BRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION
8. 91.417(a) and (b)


### Ill. TheExtent ofreliefBrian

### D. Fiske

### III seeks and the reason he seeks such relief: I, Brian D. Fiske III, submitthis application in accordance withthe Reform Act, 112 P.L. 95 

### § 331-334, seeking relieffrom any currently applicable FARs operating to prevent me, BrianD. Fiske III, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for suchintegration ofcivil unmanned aircraft systems into ournational airspace system as it is inthe public's interest to do so. Myultra-light weight UAS meets the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration ofmy ultra-lightweight UAS is expressly contemplated bythe Reform Act. I would like to operate myultra-lightweight UAS priorto the time period bywhichthe Reform Act requires the FAA to promulgate rules governing such craft, thereby providing direct experience and valuable information for formal regulationthat canbe administered uniformly to all UAS aerial video and photography. The Reform Act guides the Secretary in determining the types ofUASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS's; whether the UAS will be operated near airports orheavilypopulated areas; and, whether the UAS will be operated byline ofsight. 112 P.L. 95 

### § 333 (a). Each ofthese items reflect in 3

favor ofan exemption for me, BrianD FiskeIII. Boththe DJI Inspire 1 and Phantom 3 Professional UAS utilizes four (4) counterrotating propellers for balance, control and stability. BothUAS are equipped with GPS and auto return safetytechnology as well as weighing less than seven (7) pounds (far belowthe maximum 55 pound limit); including camerawithgimbal. 

### IV. Regulations Brian

### D. Fiske

### III is seeking relieffrom and reasons: 91.7(a)

- Itis my understanding that since no FAAregulatory standard exists for determining airworthiness ofthe UAS, the regulation is inapplicable. 91.119( c)

- Operations will need to occur at altitudes under 300 feet and closerthan 500 feet to persons or objects. 91.121 -The system have a barometric altimeter and GPS derived altitude capabilities while the FAArequires any altitude reported to ATC to be infeet AGL. 91.151(a)- The system does nothave the capabilities to adhere to this regulation. 91.405(a)- This section doesn't pertainto a UAS. 91.407(a)(1) -This section doesn't pertainto a UAS.BRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION 91.409(a)(l) and (2)-This section doesn't pertain to a UAS. 91.417(a) and (b)- This section doesn'tpertain to a UAS. I, Brian D. Fiske III ifgranted a Section 333 exemption would comply the following conditions: 4

1. Operations authorized by this grant ofexemption are limited to the following aircraft described inthe operating documents which are quad-rotor aircraft both weighing less than 7 pounds: Phantom 3 Professional & Inspire 1Unmanned Aircraft Systems (UAS). Proposed operations ofany other aircraft will require a newpetition or a petitionto amend this grant. 2. The UAS may not be flown at an indicated airspeed exceeding 30 knots. 3. The UAS must be operated at an altitude ofno more than 300 feet above ground level (AGL), as indicated bythe procedures specified inthe operating documents. All altitudes reported to ATC mustbe in feet AGL. 4. The UAS must be operated within visual line ofsight (VLOS) ofthe Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified onthe PIC's FAAissued airman medical certificate.
5. All operations must utilize a visual observer (VO). The UAmust be operated within the visual line ofsight (VLOS) ofthe VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC mustbe able to communicate verbally at all times. The PIC mustbe designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the VO canperform the functions prescribed inthe operating documents. 6. The operating documents and this grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations inthis exemption and the procedures outlined inthe operating documents, the conditions and limitations hereintake precedence and mustbe followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifhe petitions for extension or amendmentto this grant ofexemption. Ifthe operator determines that any update orrevision would affect the basis upon which the FAA granted this exemption, thenthe operator mustpetition for amendment to its grant ofexemption.BRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION

The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates orrevisions to the operating documents. 5

7. Prior to eachflight, the PIC must inspect the UAS to ensure it is 

### ina condition for safe flight. Ifthe inspection reveals a conditionthat affects the safe operation ofthe UAS, the UAS is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included inthe preflight inspection. All maintenance and alterations must be properly documented inthe aircraft records. 8. Any UAS maintenance or alterations that affect the UAS operation orflight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight. The PIC who conducts the functional test flight must make an entry inthe aircraft records. 9. The pre-flight inspection section inthe operating documents must account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered inthe relevant sections ofthe operating documents. 10. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
11. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance withthe operating documents. Maintenance, inspection, and alterations must be noted inthe aircraft records, including total flight hours, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service.
12. EachUAS operated underthis exemption must comply with all manufacturer Safety Bulletins. 13. The authorizedperson must make an entry inthe aircraft record ofthe corrective actiontaken against discrepancies discovered between inspections. 14. UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a currentthird-class medical certificate. The PIC must also meet the flight review requirements specified in L4 CFR 61 ".56 in an aircraft in which the PIC is rated on his or her pilot certificate. 15. Prior to operations conducted for the purpose ofsUAS flight training, agriculture, education, real estate and property insurance documentation photography, and videography, film and movie production (or similar operations) PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as aBRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION 6 UAS pilot with a multi-rotor UAS. Priordocumented flight experience that was obtained incompliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under this grant ofexemptionto accomplishthe required flight time, however, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights the PIC is required to operatethe UA with appropriate distances in accordance with 14 CFR 91.119. 16. Prior to operations conducted for the purpose ofsUAS flight training, agriculture, education, real estate and property insurance documentation photography, and videography, film andmovieproduction (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model ofthe UAS to be used in operations underthe exemption; 5 hours make and model time may be included inthe 10 hours ofmulti-rotortime prescribed above. The PIC must accomplish 3 take-offs and landings inthe preceding 90 days (for currency purposes). Training, proficiency, experience-building, andtake-offand landing currency flights canbe conducted underthis grant ofexemptionto accomplish the required flight time and 90 day currency. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 17. The operator maynotpermitthe PIC to operate the UAS for thepurpose ofsUAS flight training, agriculture, education, real estate andproperty insurance documentationphotography, and videography, film and movie production (or similar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with howthe UAS will be operated underthis exemption, including evasive and emergencymaneuvers andmaintaining appropriate distances from people, vessels, vehicles and structures. 18. UAS operations maynot be conducted during night, as defmed in 14 CFR 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). 19. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart. 20. The UA may not be operated less than 500 feet belowor less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 21. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location withinthe planned operating area and land orbe recovered in accordance withthe operating documents.BRIAN D. FISKE III

- SECTION 333 EXEMPTION PETITION 22. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance with the operating documents. 23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landingpoint and land the UA with 30% battery powerremaining. 

### 7

24. The operator must obtain anAir Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operatorto request a Notice to Airman (NOT AM) not more lhan72 hours in advance, but not less than 48 hours prior to the operation. 25. All aircraft operated in accordance withthis exemptionmustbe identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (NNumber) markings in accordance with 14 CFRpart45, Subpart C. Markings must be as large as practicable. 26. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UAS must comply withthe Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 27. The documents required under 14 CFR91.9 and 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS anytime the UAS is operating. These documents must bemade available to the Administrator or any lawenforcement official upon request. 28. The UAS must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 29. The UAS may notbe operated bythe PIC from any moving device orvehicle. 30. The UA may not be operated over congested or denselypopulated areas. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protectnonparticipating persons from the UAS and/or debris inthe event ofan accident. The operator must ensure that nonparticipating persons remain under suchprotection. Ifa situation arises where nonparticipatingpersons leave suchprotection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made aBRIAN D. FISKE III

**~** SECTION 333 EXEMPTION PETITION safety assessment ofthe risk ofoperatingcloser to those objects and determined that it does not present anundue hazard, and;
c. Operations nearer tothe PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per 91.119(a). 32. All operations shall be conducted overprivate or controlled-access property with permission from the land owner/controller orauthorizedrepresentative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 

### 8

33. Any incident, accident, orflight operationthattransgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA must bereported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site:

**-'-'--'-'-'-'-="'"'-'-~-!..!.** I have included the URL links belowfor the DJI Phantom 3 Professional & DJI Inspire 1 Quick Start Manuals, the Phantom 3 Professional and Inspire 1 User Manuals and the Phantom 3 Professional and Inspire 1 Safety Guideline that will be used for safe UAS operations to include preflight checklists. DJI Phantom 3 Professional Phantom 3 Professional QuickStart Guide

**http)/downlo~d.dji**

**innovati_ons.com/~lownloa~s/phantom 3/~n/Phantom**  3

**Professiom!L.Q.nir~:lllli**
**Gui.~le**...ffiJ2QJ Phantom 3 Professional User Manualhttp;j/dpwnlo;:td.djii®ovatipns_"com/ci_gwnloag§illhantom 3/en/Phantom,

.. 3 

## J 1r()fessional,JJser Manuai
..,.vl .0

**~_n.pdf** Phantom 3 ProfessionalSafety Guidelineshttp://downlo<!d.djiinnovatiOJ)s.com/downloads(nhantorn 3/en/Safety Guidelines Disclaimer en.pgf DJI Inspire 1 Inspire 1 QuickStart Guidehttp://download.djiinnovations.com/gownloads/inspire

.. llcn/Inspire LQuicJc Start Guide en&df Inspire 1 User Manual 

### lltiJl://dQwqioad.dji**innovations.com/downloads/inspire_jj~n/Inspire** 1 User Mf[nual vl.2 en.pdfBRIAN D. FISKE III- SECTION 333 EXEMPTION PETITION Inspire 1 Safety Guidelineshttp://download.dji**ilJHO\',flltio~_]l_t:J:,s:il!:!lll dovVI).lo1Jids/inspi(~_J** **/en/It15Pin:::~tfety** Guidelines en.pdf Inspire 1Maintenance Manualhttp://download.djiiimovations.com/downloads/inspire 1/enJinspire I 

### Maintel(;mnce Manu!!_lVl.Q.,.,en.pdf 9

Ifmore information or documentation is needed to approve this exemption, please contact me at 949.220.3019 and I 

### thank you for your consideration.

**-~:nlan** D. iske III 32238 Renoir Road Winchester, CA 92596