January 31 , 2016

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 **Contact Information:** Scott Okun 6 Bassetts Island #3079 Pocasset MA 02559 Mailing Address: P.O. Box 3079 Pocasset MA 02559 508.737.3292 ScottOkun@Me.com RE: Petition of Scott Okun, for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. Subject: Exemption Request to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3)(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.121, 91.203, 91.151 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, I, Scott Okun, hereb y applies for an exemption from the Code of Federal Regulations (C.F.R), Federal Aviation Regulations (FARs) identified, to allow commercial operation of lightweight Unmanned Aircraft S ys tems (UAS) for aerial imaging and video. This exemption is made based on information outlined in this petition, to allow commercial operation of a DJ I Phantom 3 Professional multi

- rotor quadcopter equipped with a three

- axis gimbaled camera, so long as operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by Section 333 of the FAA Modernization and Reform Act of 2 012. The FAA can have confidence that these operations will be conducted at an equivalent level or greater level of safety than that of sUASs counterparts of larger manned aircraft. Approval of this exemption would therefore enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft sy stems in the national airspace sy stem.”**1. Types of Operations**  The requested exemption would permit the operati on of small, unmanned sUAS aircraft under controlled conditions to provide the following services to the community ;

 Real Estate photography  Aerial Survey  Aerial Photo/video  Promotional advertising material  Inspe ctions of real estate properties  Public entity

support operations  Precision agriculture aerial surveying  Communications infrastructure inspection/monitoring  Wildlife and forestry monitoring  Pipeline inspection and patrolling  Construction site inspection and monitoring
 News media coverage This exemption would permit operation of an ultra

- light weight, unmanned (piloted by remote control) sUAS in predetermined areas away from the general public, airports, heliports, and vehicular traffic. Operations would be conducted within federal guidelines, b y a FAA Licensed Pilot with the assistance of an Observer. Operations would be conducted after carefully reviewing, inspecting, and examining the area of aerial operation to ensure the safety of persons and property . **2. REQUESTED RELIEF**  I am requesting a grant of exemption of the following sections of Title 14 of the Code of Federal Regulations: □ 14 CFR 21; □ 14 CFR 91, et seq; □ 14 CFR 45.23 (b); □ 14 CFR 61.113 (a) & (b); □ 14 CFR 407 (a)(1); □ 14 CFR 409 (a)(2); □ 14 CFR 417 (a) & (b). I am also requesting an Exemption from Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations for the following:

□ 14 CFR 45.23 (b); □ 14 CFR Part 21; □ 14 CFR 61.113 (a) & (b); □ 91.7 (a);□ 91.9 (b) (2);

□ 91.103 (b); □ 91.119; □ 91.121; □ 91.151 (a); □ 91.203 (a) & (b); □ 91.405 (a); □ 91.407 (a) (1); □ 91409 (a) (2); □ 91.417 (a) & (b).
**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 91.7 (a)** 14 CFR § 91.203 Given the size, weight, speed, and limited operating area associated with the UAS aircraft to be utilized, I am asking exemption from 14 CFR Part 21,Subpart H (Airworthiness Certificates) and §91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under14 CFR Part 11 and Section 333 of the Reform Act. The Federal Aviation Act U.S.C. 44701 (f) and 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 cases, an anal ys is of these criteria demonstrated that the UAS operated without an airworthiness certificate, in the restricted environment and under conditions proposed, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. I request an exemption from 14 CFR 91.7 (a) Civil Aircraft Airworthiness. **14 C.F.R. 45.23(b): Marking of the Aircraft** I request an exemption from §45.23 Marking of the aircraft as my UAS does not have a cabin, cockpit o r pilot s tation on which to placard certain words or phrases. Additionally lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Even though the UAS will have no airworthiness certificate, an exemption may be needed. The word “Experimental” could be placed on the UAS to comply with 45.29 (f) in a size suitable for the available space. The UAS is equipped with LED lights to aid in visibility

.**14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in** 

**command** Under §61.113 (a) and (b) private pilots are limited to non

- commercial operations, however I can achieve an equivalent or higher level of safety as achieved by current regulations because my UAS does not carry any pilots or passengers. I hold an ATP pilot certificate with thousands of hours of experience in the national airspace sy stem thereby

giving these operations a very high level of safety

. **14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft** An exemp tion to the part is required as there is nowhere to place a copy of a flight manual on board the UAS. An equivalent level of safety will be maintained by keeping the flight manual available to the PI C during all operations. **14 C.F.R.**  **91.103 (b)(1),**  **(b)(2): Preflight**  **Action** This requires each PIC to take certain actions before flight to insure safety of flight. There is no approved flight manual, however the PI C will take actions prior to flight by reviewing the weather, flight battery requirements, and ensuring there is a safe location to land and depart so as not to cause undue hazard to p eople or property on the ground and to alway s follow manufactures manual recommendations regarding pre - flight procedures. **14 CFR 91.119: Minimum Safe Altitudes** Due t o the limitation that operations be conducted at or below 400 feet AGL, an exemption will be necessary t o meet 91.119. The ty pical UAS flight will be operated as follows:

 Operate the UAS for 10

- 15 minutes per flight, land my UAS according to the manufacturers recommended minimum level of battery power.  Alway s o perate my UAS only within visual line of sight (VLOS).  Alway s o btain all necessary permissions/permits prior to operation.  Procedures in place to abort flights in the event of safety breaches or potential danger

. **14 CFR 91.121: Altimeter Setting**  The UAS is not equipped with an altimeter setting device. GPS will be used on board the UAS to determine altitude by reference to the ground (AGL).**14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions** An exemption from 91.151 will be necessary as the normal flight time will only be 10

- 15 minutes. The UAS utilizes battery power so a long duration flight is not possible. Also since all flights will be conducted in Visual Line of Sight (V LOS), this requirement is not applicable. **14 CFR**  **91.405 (a);**  **407 (a)**  **(1); 409**  **(a) (2);**  **417 (a)**  **& (b):**  **Maintenance Inspections**  These regulations require the owner/operator to have the aircraft inspected as prescribed in subpart E of this part. An equivalent level of safety will be maintained because of the small size and limitations of this UAS. Maintenance will be accomplished b y the operator pursuant to the owners’ manual. The operator will ensure that the UAS is in proper working order prior to each flight, perform necessary maintenance, and keep a log of maintenance procedures . The PIC is the person most familiar with the UASs operation and is best suited to maintain in an airworthy condition to provide equivalent level of safety. **Commercial and Public Benefits** Granting this exemption will provide a safe (b y way of a unmanned s ys tem) and efficient means to meet technical problems solvable by elevated data collection instruments. The ty

pical potential customer is a small to medium size business and individuals who would be unable to acquire this service b y manned aircraft due to associated high cost s. By moving these functions to UAS based aircraft more people may benefit from this service and at the same time reduce s aircraft noise, pollution, and reduce s airport congestion. In addition, it will reduce the amount of people and property exposed to the hazards of a manned aircraft fl yi ng at low altitude with the potential for catastrophic results. There are no combustibles on

- board the UAS, thus eliminating the risk of explosion and fire due to a crash. The operation of this UAS will minimize ecologic al damage and promote economic growth by providing information to local companies that would otherwise be unavailable. Additionally, this system would eliminate a distraction to air traffic controllers who must monitor aircraft thus reducing ATC workload

. The use of UAS, would allow these services to be provided and thus benefit both the community

and aviation by : 1. Providing a lower cost to the individual needing these services. 2. Zero emissions from the UAS. 3. Reduced noise over an aircraft. 4. Reduced hazard to people or property on the ground.The use of a UAV will provide a level of safety at least equal to existing rules

and will only

be operated in a safe environment that is strictly controlled. Operations will only be conducted after a careful review of the area and weather conditions. Safety is the number one priority

. Additionally :

 I will not operate within 5 miles of an airport unles s prior permission from the appropriate Air Traffic Control facility has been received

 I will land my

UAS prior to manu facturer recommended minimum level of battery power
 I will alway s pi lot my UAS through visual line of sight (VLOS)

.  The DJ I Phantom 3 Professional s UAS uses GPS and a return to home (RTH) feature whereb y it returns to a preprogrammed position and then land s if communication with the remote control pilot is lost.

 I activel y analyze flight data and other sources of information to constantly update and enhance safety protocols.

 I conduct extensive pre

- flight inspections and protocol, during which safety is alway s of primary importance.

 I alway s obtain all necessary permissions /permits prior to operation.

 I have procedures in place to abort flights in the event of safety breaches or potential danger **4. SUMMARY**  Granting this exemption benefits the community by reduced air pollution and noise. The economy benefits by the creation jobs for small businesses. The consumer benefits from reducing the cost of this service. The FAA benefits by regulating the use of UASs so that safety and accountability can be maintained and monitored. Approval of exemptions allowing commercial operations of UASs in the media will enhance safety b y reducing risk associated with conventional aircraft operations. The operation of UASs weighting less than 55lbs by a certified pilot will enhance safety to the community

increase awareness of properly flown UASs, eliminate the risk of collision with aircraft operating in the airspace and around airports and provide jobs. Thank you for your con sideration, Scott Okun