FROM: Tim Dennesen 24 Marion Ave Beverly, MA 01915
978

- 473

- 1771 tim@timdennesen.com

TO: Federal	Aviation	Administration	US	Department	of	Transpor tation	Docket	Management	System 1200	New	Jersey Ave.	S.E	Washingto n,	DC	.	20590

October 14,	2015

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation Regulations	from:	14	CFR	21	subpart	H;	14	CFR	45.23(b);	14	CFR	61.113(a)	and	(b);	14	CFR	91.7(a);	14	CFR	91.9(b)(2);

14 CFR	91.103;	14	CFR	91.109;	14	CFR	91.119(c);	14	CFR	91.121;	14	CFR	91.151(a);	14	CFR	91.203	(a)	and	(b);	14	CFR 91.405	(a);	14	CFR	91.407	(a)	(1)	14	CFR	91.409	(a)(1)	and	(2);	14	CFR	91.417(a)	and	(b)

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FA A	Modernization	and	Reform	Act	of	2012	(the	“Reform	Act”)	and	14	CFR	Part	11,

Tim	Dennesen ,	operator	of	an	Unmanned	Aircraft	System	(UAS),	hereby	applies	for	an	exemption	from	the	listed Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	o f	its	UAS,	so	long	as	such	operations	are conducted	within	and	under	the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by

Section	333.

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	camera(s)	and sensors,	would	operate in	the	following	manner:

• Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate,	architecture,	and other	related	professional	activities.

• Aerial	video	and/or	photography	for	public	and/or	private	use	including	television,	public	events,

cinemat ography	and	news	gathering.

• The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	private	and/or	public organizations	that	have	interests	in	the	use	and	application	of	a	UAS	for	the	purpose	of	the	safe	operation
of	a	UAS	to	enha nce	the	safety	of	the	National	Airspace	System	(NAS)	as	well	as	for	the	protection	of	the persons	and	property.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	UAS	under	controlled	conditions in	the	NAS	that	would	be	a)	l imited	b)	controlled	c)	predetermined	and	d)	will	provide	safety	enhancements	to	the already	safe	operations	in	the	industry	presently	using	conventional	aircraft.	Approval	of	this	exemption	would thereby	enhance	safety	and	fulfill	the	Secretary	of	Transpo rtation’s	(the	FAA	Administrator’s)	responsibilities	to “....establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.”

The	name	and	address	of	the	applicant	is:

Tim	Dennesen Email: tim@timdennesen.com Addres s: 24	Marion	Ave.	Beverly,	MA	01915

Regulations	from	which	the	exemption	is	requested:

14	CFR	Part	21	subpart	H	14	CFR	45.23	(b)	14	CFR	61.113	(a)	&	(b)	14	CFR	91.7	(a)

14	CFR	91.9	(b)	(2)	14	CFR	91.103	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)	(1)	14	CFR	91.409	(a)	(2)	14	CFR	91.417 (a)	&	(b)Tim	Dennesen ,	will	operate	the	DJI	Phantom	3	Professional,	with	a	total	weight	of	1280g	or	2lbs	13	oz.	The
dimensions	are	40.36cm x	40.36cm	x	19.05cm	or	16inch	x	16inch	x	7.5inch.	Under	still	air	the	maximum	speed	is	no more	than	16m/s	or	35mph	with	a	cruising	speed	of	11m/s	or	25mph.	The	DJI	Phantom	3	Professional	has	four motors,	Motor	Model	DJI	3510,	powered	by	a	4480mAh	4s	LiPo Lithium	Polymer	battery.	There	are	four	propellers, Propeller	Model	DJI	1345,	in	use.	The	DJI	Phantom	3	Professional	will	be	controlled	with	the	C3	remote	controller with	an	operating	frequency	of	2.400GHz

– 2.483GHz.	The	live	video	feed	will	have	an	opera ting	frequency	of	2.4GHz ISM	with	maximum	range	of	1.2	miles.	The	applicant	will	operate	the	UAS	in	line	of	sight	within	a	closed	off	and predetermined	area	owned	and/operated	by	the	property	representative.

DJI Phantom 3 Professional GENERAL FEATURES

• Ready	to	fly

• 3

- axis	camera	stabilization

• Precision	flight	and	stable	hovering

• GPS/GLONASS	positioning	&	auto	return	home

• Onscreen	real

- time	flight	parameters

• High	Definition	4k	Camera

• Camera	tilt	control

• Film	stra ight	down

• Supports	Adobe	DNG	RAW

• Adobe	lens	profile	support

• Camera	parameter	settings

• Album	synchronization

• FAA	no

- fly	zones	locked	out	via	installed	software TRANSMITTER

• Operating	Frequency:2.400	GHz

– 2.483	GHz

• Communication	Distance ( open	area ) :	CE:	2000m;	FCC:	2000m

• Receiver	Sensitivity ( 1%PER ) :

- 101dBm	+/

- 2dBm

• Transmitter	Power:	CE:	16dBm;	FCC:	20dBm

• Working	Voltage:	1.2A	@	7.4V

• Battery:	6000	mAh	LiPo	2s CAMERA

• HD	Recording:	4k	p	24/ 25fps	/	720p	60fps DJI VISION APP

• System	Requirement	of	Mobile	Device:	iOS	version	6.0	or	above/	Android	system	version	4.0	or	above

• Mobile	Device	Support:	Recommended:	iPhone4s,	iPhone5,	iPhone5s,	iPod	Touch4,	iPod	Touch5;• Operating	Env ironment	Temperature : 0 °C

- 40 °C

• Max	Resolution:	4096	x	2162p	@	24/25fps

• FOV:	94°/	85°

• Sensor	size:	1/2.3"

Given	the	small	size	of	the	UAS	and	the	controlled	environment	provided	the	proposed	operations	will	adhere	to	the
Reform	Act’s	saf ety	requirements.	The	approval	of	this	application	presents	no	national	security	issues.	Regarding	the level	of	safety	surrounding	the	proposed	operations	and	the	public	benefit,	reduction	in	environmental	impacts, including	but	not	limited	to	reduced	emis sions	and	noise,	the	grant	of	the	requested	exemption	is	in	the	public interest.	Accordingly	the	applicant	requests	that	the	FAA	grant	the	requested	exemption	with	minimum	delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The	operation	limitations	proposed for	an	equivalent	or	higher	level	of	safety	because	operations	will	further	enhance the	safety	of	the	persons	and/or	property	using	conventional	aircraft.

These	limitations	and	conditions	to	which	the	applicant	agrees	to	adhere	to	when	conducting	commerci al	operations under	the	FAA	issued	exemption	as	set	forth	in	the	Flight	Operations	Manual	(FOM)	include:

• The	UAS	will	weigh	less	than	55	lbs. (DJI Phantom 3 Professional weighs 1280G or 2lbs 13oz)

• The	UAS	will	have	a	maximum	operating	speed	of	no	more	than	35mph.

• Flights	will	be	operated	within	line	of	sight	of	the	Pilot	in	Command	(PIC)	and/or Visual	Observer	(VO).

• Maximum	flight	time	for	each	operational	flight	will	be	20	minutes.	Flights	will	be	terminated	at	25% battery	power	reserve	or	20	minutes	of	flight	time	whichever	occurs	first.

• Flights	will	be	operated	at	an	altitude	of	no more	than	400	feet	Above	Ground	Level	(AGL)	and	not	more than	200	feet	above	an	elevated	platform	from	which	filming	is	planned.

• Minimum	crew	for	each	operation	will	consist	of	the	UAS	Pilot,	the	Visual	Observer	(VO)	and	may	include
but	not	limited to	a	Camera	Operator.

• The	UAS	pilot	will	be	a	designated	Pilot	in	Command	(PIC)	and	will	take	and	pass	all	necessary certifications	currently	being	approved	by	the	FAA	administration	for	commercial	use.

• A	briefing	will	be	performed	regarding	th e	planned	UAS	operations	prior	to	each	day’s	flight	consisting	of all	the	days’	production	activities.

• All	flights	will	occur	under	Visual	Flight	Rules	Meteorological	Conditions	(VMC)	only.

• The	flights	will	occur	no	closer	than	a	5	mile	radius of	the	geographic	center/Airport	Reference	Point	(ARP) of	a	tower	controlled	or	uncontrolled	airport.	The	DJI	Phantom	3	Professional	has	built	in	software	for	all FAA	regulated	‘No	Fly	Zones’	and	was	uploaded	by	DJI	(February	2015)	for	all	DJI	drones	to	do wnload	and prevent	any	possible	flights	occurring	within	no

- fly	zones.	DJI	Phantom	3	Professional	has	installed	software (code)	that	denies	flights	within	the	FAA	no

- fly	zones.

• If	operations	will	be	within	a	5	mile	radius	of	the	geographic	center/Airport	Reference	Point	(ARP)	of	a tower	controlled	or	uncontrolled	airport	the	respective	airports	will	be	contacted	advising	them	o f the estimated	flight	time,	flight	durati on,	elevation	of	flight	and	other	pertinent	information.• The	operator	will	file	FAA	Form	7711

- 1,	or	its	equivalent,	as	modified	in	light	of	the	requested	exemption, with	the	appropriate	local	Flight	Standards	District	Office	(FSDO)	no	more	than	72	hou rs	but	no	less	than	48 hours	from	planned	operation.

• The	operator	will	obtain	verbal/written	consent	of	all	persons	involved	with	the	planned	operation	and ensure	that	only	consenting	persons	will	be	allowed	within	100	feet	of	the	flight	operation,	a nd	the	radius may	be	reduced	to	30	feet	based	upon	an	equivalent	level	of	safety	determination,	as	required	under	the FOM.	With	the	advanced	permission	of	the	FSDO,	operations	at	closer	range	may	be	approved.

• The	PIC	and	VO	will	have	been	trained	in operation	of	UAS	and	receive	up

- to

- date	information	for	the particular	UAS	to	be	operated.

• The	PIC	and	VO	will	be	able	to	communicate	by	voice,	radio,	and/or	text	at	all	times.

• Written	and/or	verbal	permission	and	permits	will	be	obtained	from territorial,	state,	county	or city jurisdictions,	including	law	enforcement,	fire	or	other	appropriate	governmental	agencies.

• If	the	UAS	loses	communications	with	the	remote	controller	or	loses	GPS	signal,	the	UAS	will	have	the capability	to	return to	a	pre

- determined	location	within	a	designated	location	and	land	autonomously.

• The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles,	weather,	or emergencies. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 1 4 C.F.R. §91.203 (a) (1) Subpart	H, entitled	Airworthiness	Certificates,	establishes	the	procedural	requirements	for	the	issuance	of airworthiness	certificates	as	required	by	FAR	§91.203	(a)	(1).	Given	the	size	and	limited	operating	area
associated	with	t he	aircraft	to	be	utilized	by	the	Applicant,	an	exemption	from	Part	21	Subpart	H	meets	the requirements	of	an	equivalent	level	of	safety	under	Part	11	and	Section	333	of	the	Reform	Act.	The	Federal Aviation	Act	(49	U.S.C.§44701	(f))	and	Section	333	of	the Reform	Act	both	authorize	the	FAA	to	exempt aircraft	from	the	requirement	for	an	airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed, operational	capability,	and	proximity	to	airports	and	populated	areas	of	the	particular	UAS.	In	all	c ases,	an analysis	of	these	criteria	demonstrates	that	the	UAS	operated	without	an	airworthiness	certificate,	in	the restricted	environment	and	under	the	conditions	proposed	will	be	at	least	as	safe,	or	safer,	than	a conventional	aircraft	(fixed	wing	or	rot orcraft)	operating	with	an	airworthiness	certificate	without	the restrictions	and	conditions	proposed. The	UAS	to	be	operated	hereunder	is	less	than	55	lbs.	(3	lbs.)	fully loaded,	carries	neither	a	pilot	nor	passenger,	carries	no	explosive	materials	or	flammable	liquid	fuels,	and operates	exclusively	within	a	secured	and	designated	area.	Unlike	other	civil aircraft,	operations	under	this exemption	will	be	tightly	controlled	and	monitored	by	both	the	operator	and	under	the	requirements	and	in compliance	with	local	public	safety requirements.	The	FAA	will	have	advance	notice	of	all	operations.	These safety	e nhancements	provide	a	greater	degree	of	safety	to	the	public	and	property	owners	than conventional	operations	conducted	with	airworthiness	certificates	issued	under	14	C.F.R.	Part	21,	Subpart H.	Lastly,	application	of	these	same	criteria	demonstrates	that there	is	no	credible	threat	to	national security	posed	by	the	UAS,	due	to	its	size,	speed	of	operation,	location	of	operation,	lack	of	explosive materials	or	flammable	liquid	fuels,	and	inability	to	carry	a	substantial	external	load.

14 C.F.R. § 45.23 (b) . Marking of the Aircraft

The	regulation	requires:	When	marks	include	only	the	Roman	capital	letter	"N"	and	the	registration	number	is displayed	on	limited,	restricted	or	light

- sport	category	aircraft	or	experimental	or	provisionally	certificated	aircraft

, the	operator	must	also	display	on	that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	letters	not less	than	2	inches	nor	more	than	6	inches	high,	the	words	"limited,"	"restricted,"	"light

- sport,"	"experimental,"	or "provisional," as	applicable.

Even	though	the	UAS	will	have	no	airworthiness	certificate,	an	exemption	will	be	needed	as	the	UAS	will	have	no entrance	to	the	cabin,	cockpit	or	pilot	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	provided	by	having	the	UAS	marked	on	its	fuselage	as	required	by	§45.29	(f) where	the	pilot,	o bserver	and	others	working	with	the	UAS	will	see	the	identification	of	the	UAS	as	“Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant	to	14	CFR	61.113	(a)	&	(b),	no	person	who	holds	a	priva te	pilot	certificate	may	act	as	a	pilot	in	command	of an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	hire.	An	equivalent	level	of	safety	can	be achieved	by	current	Regulations	because	the	applicant’s	UAS	do	not	carry	any	pilots	or passengers	nor	property.	The risks	attendant	to	the	operation	of	UAS	is	far	less	than	the	risk	levels	inherent	in	the	commercial	activities	outlined	in 14	CFR	61.	The	operation	and	limitations	set	forth	in	the	FOM	will	equate	to	the	safe	operation	of	the	U AS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The	regulation	requires	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	airworthy	condition.	As	there	will	be no	airworthiness	certificate	issued	for	the	aircraft,	should	this	exemption	be granted,	no	FAA	regulatory	standard	will exist	for	determining	airworthiness.

Given	the	size	of	the	aircraft	for	maintenance	and	use	of	safety	check	lists	prior	to	each	flight	an	equivalent	level	of safety	will	be	provided.

14 C.F.R. § 91.9 (b) (2): Civ il Aircraft Flight Manual in the Aircraft.

Section	91.9	(b)	(2)	provides:	No	person	may	operate	a	U.S.

- registered	civil	aircraft	...	(2)	For	which	an	Airplane	or Rotorcraft	Flight	Manual	is	not	required	by	§21.5	of	this	chapter,	unless	there	is	available in	the	aircraft	a	current approved	airplane	or	Rotorcraft	Flight	Manual,	approved	manual	material,	markings,	and	placards,	or	any combination	thereof.	The	UAS,	given	its	size	and	configuration	has	no	ability	or	place	to	carry	such	a	flight	manual	on
the	ai rcraft,	not	only	because	there	is	no	pilot	on	board,	but	because	there	is	no	room	or	capacity	to	carry	such	an item	on	the	aircraft.	The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the	ground control	point	where	the	pilot flying	the	UAS	will	have	immediate	access	to	it.

14 C.F.R. § 91.103: Preflight Action.

This	regulation	requires	each	pilot	in	command	to	take	certain	actions	before	flight	to	insure	the	safety	of	flight.	As FAA	approved	rotorcraft	flight	manuals	will	not be	provided	for	the	aircraft	an	exemption	will	be	needed.	The	PIC	will take	all	actions	as	stated	in	the	manufacturer	FOM	in	the	pre

- flight	inspection	section,	including	but	not	limited	to reviewing	weather,	flight	battery	requirements,	landing	and	takeof f	distances	and	aircraft	performance	data	before initiation	of	flight.

14 C.F.R. §91.109: Flight Instruction.

Section	91.103	provides	that	no	person	may	operate	a	civil	aircraft	(except	a	manned	free	balloon)	that	is	being	used for	flight	instruction	unl ess	that	aircraft	has	fully	functioning	dual	controls.	UAS	and	remotely	piloted	aircraft,	by	their design	do	not	have	fully	functional	dual	controls.	Flight	control	is	accomplished	through	the	use	of	a	control	box	that
communicates	with	the	aircraft	via	ra dio	communications.	The	FAA	has	approved	exemptions	for	flight	training without	fully	functional	dual	controls	for	a	number	of	aircraft	and	for	flight	instruction	in	experimental	aircraft.	The equivalent	level	of	safety	provided	by	the	fact	that	neither	a pilot	nor	passengers	will	be	carried	in	the	aircraft	and	by the	size	and	speed	of	the	aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	Section	91.119	(d)	allows	helicopters	to be operated	at	less	than	the	minimums	prescribed,	provided	the	person	operating	the	helicopter	complies	with	any route	or	altitudes	prescribed	for	helicopters	by	the	FAA.	As	thi s	exemption	is	for	a	UAS	that	is	a	helicopter	and	the exemption	requests	authority	to	operate	at	altitudes	up	to	400	AGL,	or	not	more	than	200	above	an	elevated platform	from	which	filming	is	planned,	an	exemption	may	be	needed	to	allow	such	operations.	As set	forth	herein, the	UAS	will	never	operate	at	higher	than	400	AGL	with	the	exception	that	in	circumstances	where	the	UAS	is	used	to survey	or	photograph	a	structure	whose	height	exceeds	400	feet	AGL,	the	UAS	will	not	be	operated	more	than	200
feet	above the	highest	point	on	the	structure.	It	will	however	be	operated	in	a	restricted	area	with	security	perimeter,where	buildings	and	people	will	not	be	exposed	to	operations	without	their	pre

- obtained	consent.

The	equivalent	level	of	safety	will	be	achieved given	the	size,	weight,	speed	of	the	UAS	as	well	as	the	location	where	it is	operated.	No	flight	will	be	taken	without	the	permission	of	the	property	owner	or	local	officials.	Because	of	the advance	notice	to	the	property	owner	and	participants	in	the	fil ming	activity,	all	affected	individuals	will	be	aware	of the	planned	flight	operations.	Compared	to	flight	operations	with	aircraft	or	rotorcraft	weighting	far	more	than	the maximum	55lbs.	proposed	herein	and	the	lack	of	flammable	fuel,	any	risk	associated with	these	operations	is	far	less than	those	presently	presented	with	conventional	aircraft	operating	at	or	below	500	AGL.	In	addition,	the	low

- altitude operations	of	the	UAS	will	ensure	separation between	these	UAS	operations	and	the	operations	of	conve ntional aircraft	that	must	comply	with	Section	91.119.

14 C.F.R. §91.121 Altimeter Settings.

This	regulation	requires	each	person	operating	an	aircraft	to	maintain	cruising	altitude	by	reference	to	an	altimeter that	is	set	“...to	the	elevation	of	the	dep arture	airport	or	an	appropriate	altimeter	setting	available	before	departure.” As	the	UAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	exemption	may	be	needed. An	equivalent	level	of	safety	will	be	achieved	by	the	operator, pursuant	to	the	safety	check	list	and	live	flight	data monitoring,	confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	indicator	before	flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section	91.151	(a)	pro hibits	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.”

The	battery	powering	the	UAS	provides	approximately	25	minutes	of	powered	flight.	To	meet	the	30	minute	reserve requirement	in	14	CFR	§91.151 ,	UAS	flights	would	be	limited	to	approximately	10	minutes	in	length.	Given	the limitations	on	the	UAS’s	proposed	flight	area	and	the	location	of	its	proposed	operations	within	a	predetermined area,	a	longer	time	frame	for	flight	in	daylight	or	twilight	VF R	conditions	is	reasonable.

Applicant	believes	that	an	exemption	from	14	CFR	§91.151(a)	falls	within	the	scope	of	prior	exemptions.	Operating the	UAS,	in	a	tightly	controlled	area	where	only	people	and	property	owners	or	official	representatives	who	have signed	waivers	will	be	allowed,	with	less	than	30	minutes	of	reserve	fuel,	does	not	engender	the	type	of	risks	that Section	91.151(a)	was	intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.	Additionally,	limiting	UAS flights	to	10	minutes	woul d	greatly	reduce	the	utility	for	which	the	exemption	will	be	granted.	Applicant	believes	that an	equivalent	level	of	safety	can	be	achieved	by	limiting	flights	to	20	minutes	or	25%	of	battery	power

— whichever happens	first.	This	restriction	would	be	more	t han	adequate	to	return	the	UAS	to	its	planned	landing	zone	from anywhere	in	its	limited	operating	area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The	regulation	provides	in	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	certifica te	required	by	paragraph	(a)	of	this	section	or	a	special	flight authorization	issued	under	§91.715	is	displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to	passengers	or

crew.

The	UAS	fully	loaded	weighs	no	more	than	55	lbs.	and	is	operated without	an	onboard	pilot.	As	such,	there	is	no ability	or	place	to	carry	certification	and	registration	documents	or	to	display	them	on	the	UAS.

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	control	point	where	t he	pilot flying	the	UAS	will	have	immediate	access	to	them;	to	the	extent	they	are	applicable	to	the	UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These	regulations	require	that	an	aircraft	operator	or	owner “shall	have	that	aircraft	inspected	as	prescribed	insubpart	E	of	this	part	and	shall	between	required	inspections,	except	as	provided	in	paragraph	(c)	of	this	section,	have discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	others	s hall	inspect	or	maintain	the	aircraft	in compliance	with	Part	43.

Given	that	these	section	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	certificate,	these	sections	will	not apply	to	the	applicant.	Maintenance	will	be	accomplished	by	the	operat or	pursuant	to	the	flight	manual	and operating	handbook.	An	equivalent	level	of	safety	will	be	achieved	because	the	UAS	is	very	limited	in	size	and	will carry	a	small	payload	and	operate	only	in	restricted	areas	for	a	limited	period	of	time.	If	mechanical issues	arise	the UAS	can	land	immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.	The	operator	will	ensure	that	the UAS	is	in	working	order	prior	to	initiating	flight,	perform	required	maintenance,	and	keep	a	log	of	any	maintenance performe d.	Moreover,	the	operator	is	the	person	most	familiar	with	the	aircraft	and	best	suited	to	maintain	the aircraft	in	an	airworthy	condition	to	provide	the	equivalent	level	of	safety.

An	equivalent	level	of	safety	will	be	achieved	because	maintenance	and	in spections	will	be	performed	in	accordance with	the	UAS	Manufacturer's	User	Manual.	As	provided	in	the	FOM,	the	operator	will	ensure	that	the	UAS	is	in working	order	prior	to	initiating	flight	and	perform	required	maintenance	needed.

Additional Information

The	applicant, Tim	Dennesen ,	is owner	of	Tim	Dennesen	LLC,	a	Boston	based	video	production	company,	and has	an

in

- depth	understanding	of	the	capabilities	and	safety	concerns	involved	in	using	this	technology	as	an	asset	to	the community.	Satisfaction	of	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012	provide	more	than	adequate justification	for	th e	grant	of	the	requested	exemptions	allowing	the	commercial	operation	of	the	applicant’s	UAS.

Sincerely,

Tim	Dennesen