Fred Harrison 720 SW 3 rd Ave Battle Ground, WA 98604 Fharri1161@msn.com (360) 342

-8915 March 7, 2016 Attention: U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC, 20590 To Whom It May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act) and 14 CFR Part 11, Fred Harrison applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned A ircraft Systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petition. Commercial operation of a Phantom 3 Professional (UAS), as described here in, which is equipped with camera and sensors would conduct the following operations:  Aerial Videography / Photography for public and / or private use including real estate, engineering, land surveying, agriculture or other related professional activities.  Aerial Videography / photography for public or private use including television, new events and broadcasts, public events and cinematography.  Aerial inspection / videography / photography of residential or commercial structures under contract with the owners or local authorities. Structures may include buildings, infrastructure, infrastructure components, construction sites and other facilities.  Aerial inspection / video / photography / live video feeds for assistance in search and rescue operations in cases of an emergency or natural disaster at the request of authorities of government agencies who have requested it by contract or donation.  Aerial videography/ photography to assist first responders who might require assistance, including fire fighters, the police, the sheriff, et al. , to include accident documentation and search and rescue while remaining subject to all limitations cited in this application. As described below, the re quested exemption would permit the operation of a UAS under controlled conditions wi thin the National Airspace System (NAS) that would be a) limited, b) controlled, c) predetermined, and d) will provide safety enhancements such as limited exposure to flight crew, climbing crews, weight of vehicles, speeds of usage, n on use of volatile fue ls, etc. Approval of this exemption would thereby enhance safety and fulfill the Secretary ofTransportation’s (FAA Administrator’s) responsibilities to “...establish requirements for the safe

operation of such aircraft systems in the National Airspace Syst em”. **REQUESTED REGULATORY EXEMPTIONS AND EQUIVLANT LEVEL OF SAFETY** 14 CFR 21 Part 21, subpart H 14 CFR § Part 61.113 (a) and (b) 14 CFR § 45.23 (b) 14 CFR § 91.7 (a) 14 CFR § 91.9 (b) 14 CFR § 91.103 14 CFR § 91.119 14 CFR § 91.121 14 CFR § 91.151 (a) 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) **14 CFR 21, Subpart H, and 14 CFR § 91.203 (a) (1) Airworthiness Certificate**  Su b part H, entitled ‘Airworthiness Certificates’ defines the requirements for issuance of airworthiness certificates as required by 14 CFR § 91.203 (a) (1). Given the small size, weight and limited operating area of UAS to be used 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 and Section 333 of the Reform Act authorize the FAA to exempt aircraft from the requirements for an airworthiness certifi cate upon consideration of the size, weight, sp eed, operation capability and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that a UAS operated without an airworthiness certificate in the restricted environment and under the con ditions proposed will be as safe, if not safer, than conventional aircraft operating with an airworthiness certificated without the restrictions and conditions proposed

. The applicant’s UAS weight is substant ially less than 55 pounds, carries no pilot or passenger, carries no flammable liquids fuels, or explosive materials, and operate s exclusively within secured and designated area. Flight operations under this exemption will be controlled and monitored by the PIC and VO, conducted in full compliance wit h the conditions of this document and local public safety requirements **14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges**  Section 61.113 (a) and (b) prescribes that
– (a) no person who holds a private pilot certificate may act as a pilot in comma nd of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in commandof an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an

airc raft in connection with any business or employment. Exemption requested due to flights are only incidental to the business of photography. The UAS is too small to carry a pilot or passenger and will not carry or deliver any personal property for hire. Th e only payload for this exemption is a fixed camera. No other payload(s) will be allowed. **14 CFR § 45.23 (b) Marking of the Aircraft**  Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small 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 small 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 small UAS marked on its fuselage as required by § 45.29 (f) where the pilot, observer, and other working with the small UAS will see the identification of the UAS as “Experimental.” **14 CFR § 91.7 (a) Civil Aircraft Airworthiness** The regulation requires that no person may operate a civil aircraft unless it is airworthy cond ition. 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 checklist prior to each flight an equivalent level of safety will be provided. **14 CFR § 91.9 (b) Civil Aircraft Flight Manual in the Aircraft**  This requires no person may operate an aircraft unless there is current approved flight manual for the aircraft on board. The UAS is to small and lightweight to carry a flight manual onboard. I request an exemption from the requirement to carry the aircraft flight manual onboard. To provide an equivalent level of safety, the UAS manufactures flight manual will be kept at the ground station and thus allowing the PIC immediate access. **14 CFR § 91.103 Preflight Action** This requires the PIC be familiar with specific information before each flight such as weather, forecast and fuel requirements to ensure the safety of the flight. It also requires the PIC to be familiar with the information of the approved flight manual relating to aircraft performance and take

-off and landing distances. I am requesting exemption based on the UAS does not have fuel or a FAA

-approved flight manual. To provide equivalent level of safety a pre

-flight action of checking weather conditions, checking flight battery requirements, checking takeoff and landing distances will be preformed. **14 CFR § 91.109 Flight Instruction**This regulation states “no person may operate a civil aircraft that is being used for flight

instruction unless the aircraft has fully function dual controls.” I am requesting exemption based on the UAS does not have fully functioning dual controls. Instead, flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptio n for flight training without fully functional dual controls for a number of aircraft for flight instruction in experimental aircraft. This exemption will therefore not adversely affect safety or will provide a level of safety equal to the existing rule.

**14 CFR § 91.119 Minimum Safe Altitudes** The regulation prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the fo llowing altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergen cy landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) over other than congested areas. An altitude of 500 feet above the surface, except over open waters or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The DJI Phantom 3 profession quad copter at most time would be operated at less than the minimum prescribed in paragraph (b) or (c) of this section
. To provide the intended operations of the UAS is normally opera ted below 400 feet AGL. Additionally, due to the nature of the proposed operations, the UAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operatio n. Compared to flight of normal aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition to low

-altitude operations of the small UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 CFR § 91.121 Altimeter Settings**  this requirement requires a person to maintain altitude by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required as the UAS does not have a barometric altimeter. Rather, the UAS utilizes GPS derived altitude. The applicant shall ensure the GPS system is operation al and active prior to each flightoperation and shall monitor the altitude displayed, not allowing the UAS to operate above 400

feet. **14 CFR § 91.151 (a) Fue l**  **Requirements for Flight in VFR Conditions**  This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering winds and forecast weather conditions) there is enough fuel to fly to the first point of i ntended landing, and assuming normal cruising speed
– (1) During the day, to t fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes.” I am requesting an exemption based on that the UAS runs on battery instead of fuel, and that most of the UAS flights have less than a 30

- minute capacity. Instead I propose a flight will not begin with less than a 75% charge and to operate the UAS until the battery reaches 30% (as determined by the onboard monitoring system). A landing sequence will be initiated at 30% warning and the UAS automa tically initiates landing sequence at 15% charge while still under PIC control. Through implementation of these procedures, this exemption will not adversely affect safety or will provide a level of safety equal to the exiting rule. **14 CFR § 91.405 (a); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance Inspections**  This refers to maintenance, preventive maintenance, and alterations to the UAS. The operator will provide inspection and minor maintenance and inspection to the UAS, document as outlined in th e operational and safety guidelines. Given the size and simplicity of the UAs combined with the operational and safety guidelines in this petition the operator can maintain or exceed the required level of safety. The UAS shall be inspected thoroughly prio r to flight. **PUBLIC INTEREST** Approval of the above exemptions and commercial operations of the UAS will benefit the public in many ways. 1. The commercial use of UAS for aerial photograph will reduce the need for manned aircraft. Less manned aircraft resu lts in: a. Less noise pollution b. Less air pollution form burning of fossil fuels 2. Operation of UAS reduces the risk of life and property due to the small size of the UAS. 3. The use of the UAS can be rapidly deployed in the event of natural disaster or a search an d rescue effort. **MAKE AND MODEL OF UAS** DJI Phantom 3 Professional  Weight (Including Battery and Propellers) 1280 g  Diagonal Size (Including Propellers) 590 mm  Max Ascent Speed 5 m/s  Max Descent Speed 3m/s Intelligent flight battery system 4480 maH. Provides 23 min of flight time.

 The Phantom 3 supports geofence technology that restricts flight areas, preventing flight within critical areas of the NAS.  Features an Auto Return Home feature, enabling the aircraft to automatically return to the point of departure upon command if communications with the remote controller is lost or if the battery power is running low. **APLICANTS SAFETY REQUIRMENTS** To assist the FAA in its safety assessment of the applicants proposed UAS operations, below is a summary of operational limitation and conditions which the applicant intends to follow to ensure the equivalent or higher level of safety.

 The aircraft will be registered and marked in accordance with Section 44711 and Part 47 and part 45, Subpart C.  The aircraft will comply with maintenance and inspection requirements of the manufacturer. All repair and maintenance work will be conducted or approved by qualified personnel such as those authorized by DJI (or equivalent), and will require a test flight after such work. Records of all maintenance and repair work will be kept in a maintenance log for each aircraft.  No operation of a UAS within 5 miles of an airport unless prior contact to Air Traffic Control or the airport manager has been made notified.  All flight operations will comply with the following: o The manufactures user manuals. o Conducted in VMC conditions during daylight hours o PIC will maintain VLOS at all times o Pre

-flight inspections (including ground control station, if any) and safety risk assessments wi ll be conducted prior to each flight.
 Remote Controller, aircraft battery, and mobile device are charged
 Propellers are mounted correctly and firmly.
 Micro

-SD card has been inserted if necessary
 Gimbal is functioning as normal
 Motors can start and are functioning as normal
 DJI Pilot App connected to the aircraft o Flight altitudes will remain below 400 feet above ground level. o Flight ground speeds will not exceed 50 knots o Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground without their prior permission. o Each flight will be logged in the aircraft logbook. o Not exceed 70% of the battery or fuel capacity of the aircraft or 30 minutes, whichever occurs first. o Any incidents will be reported within 24 hours of occurrence o A ll other applicable regulations concerned with the operation of the aircraft. Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well

defined and tested lost link procedures. Thank you for your time in reviewing and consi dering my section 333 exemption. Sincerely, Fred Harrison