Caruso

– Petition Addendum

March 17, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

On August 12, 2015, Stephen W. Caruso filed a Petition (1jz

- 8kik

- z6wg) for a Section 333 exemption for
the operation of a commercial unmanned aircraft system (UAS).

On November 06, 2015, the FAA posted my petition on the P ublic D ocket, number 2015

- 5827

- 0001,
with the notation “ disposition pending ”.

In a letter dated February 19, 2016, the FAA sent Caruso a lett er stating that Caruso’s petition did not comply with the requirements of 11.81 and requested the following information:

 The reasons why the exemption would not adversely affect public safety or how the exemption would provide a level of safety at least eq ual to that provided by the rule which you seek an exemption.

 Any additional information, views or arguments available to support your request.

Writer believes writer’s petition fully complies with the requirements of 11.81. Writer bases his belief
on the fact that the FAA previously approved Docket Number FAA

- 2015

- 2074 which has the same material information as writer’s petition

.

Attached is an a ddendum to writer’s previously filed petition to address the public safety issue.

Stephen Wayne Caruso is request i ng an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Unmanned Aircraft Systems ("UAS") for Aerial data collection, to include but
not limited to aerial photography, videography, pipeline patrols, mapping, crop surveying, demonstration flights, inspections, film and movie production and other flight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft.

In light of the fact that it has been seven months since the FAA has received petitioner’s exemption petition, and that the FAA has previously approved a petition containing the same material information, petitioner respectfully requests the FAA expedites petitioner’s request.

Thank you for your time and consideration, and please let me know if you have any questions.

Very truly yours,

Stephen Wayne Caruso
Email: stevecaruso100@gmail.comCaruso

– Petition Addendum

The UAS

The DJI Phantom 3 Professional plus is a recently released successor to the DJI Phantom 2 series, a consumer grade small rotorcraft in the quadcopter configuration with an advertised weight of less than 46 Ounces (1280g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1000 feet per minute (5 m/s).

It is powered by four electric motors with a distance between motors of less than 12 inches (28 9.5mm) It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio con trol (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), and distance from PIC, camera imagery, and control cam era angle. It has failsafe modes of operation for either loss of RC or GPS signal. The onboard flight controller can limit altitude and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 23 minutes. The onbo ard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated t hat flights will usually
last less than 10 minutes.

http://www.dji.com/product/phantom3 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) &(b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Stephen Wayne Caruso

, hereinafter referred to as petitioner, hereby applies for an exemption from the listed Federal Aviation Regulations ("FA Rs") to allow commercial operation of its Unmanned Aircraft Systems ('' UAS ") Aerial data collection, to include but not limited to aerial photography, videography, pipeline patrols, mapping, crop surveying, demonstration flights, inspections, film and movi e production and other flight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace system

as c ompared to a manned aircraft , 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. Operation
of the UAS would fall under the supervision of FAA commercial pilot Stephen Wayne Caruso

. As detailed
in this document and the att ached Manual, the requested exemption would permit the operation of UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the Secretar y ofCaruso

– Petition Addendum

Transportation's (the FAA Administrator's) responsibilities to"...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act.

Regulations from which the exemption is reque sted: 14 C.F.R. Part21 14 C.F.R.45.23(b) 14C.F.R. 61.113 (a) &(b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9 (b)(2) 14 C.F.R.91.103 14 C.F.R. 91.109 14 C.F.R.91.119 14 C.F.R.91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a)(2) 14 C.F.R. 417 (a) & (b)

I.STATUTORYAUTHORITYFOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS , from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) o f this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §4471 l(a); 49 USC §44704; 14 CFR §91.203(a)(l). Section 333(b) of the Reform Act assists the Secr etary in determining whether UAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must
consider:

• The UAS's size, weight, sp eed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close proximity to airports Reform Act §333(a).

If the Secretary deter mines that a UAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. §333(c). Petitioner’s UAS are multirotor vehicles, weighting 55 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS will operate only in the pilot's visual line o f sight at all times and will operate only within a controlled area, free of manned aircraft. Such operations will insure that the UAS will "not create a hazard to users of the national airspace system or the public." Reform Act Section 333 (b). Given the small size of the UAS
involved and the restricted and controlled environment within which they will operate, our application
fall s squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exempti on, allow commercial operations of UAS to commence immediately.

Also due to the small size of the UASs and the low altitudes and control l ed areas in which our UAS will
operate, approval of the application presents no national security issue. Given the clea r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the gra nt of the requested exemptions is in the public interest.

Accordingly, petitioner respectfully requests that the FAA grant the requested exemption without delay.Caruso

– Petition Addendum

Public Safety

The reasons why the exemption would not adversely affect public safety or how the exemption wo uld provide a level of safety at least equal to that provided by the rule which petitioner seek s an exemption are set forth below:

II. PUBLIC INTEREST

The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and
flammabl e fuel with small UAS aircraft not carrying passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner give the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public intere st. Moreover, as the FAA has already recognized, “UAS provides an additional tool for the filmmaking industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft.” See Exemption No, 11062, Regula tory Docket No. FAA

- 2014

- 0352, at p. 22.

III. EQUIVALENTLEVEL OF SAFETY

Petitioner proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on aerial photogra phy and videograp hy operations conducted with helicopters and other
conventional aircraft.

1"Commonly Used Statistics", Occupational Safety & Health Administration. Available at: https://www.osha.gov/oshstats/commonstats.html

Petitioner will be bound by the following limit ations when conducting its UAS operations under an FAA
issued exemption:

1. The UAS will be less than 55pounds.

2. Flights will be operated within visual line of sight of a FAA certified pilot.

3. Maximum total flight time for each operational flight will be 2 0 minutes or less. The UAS calculates battery reserve in real time, and will return to its ground station with at least 15% battery power reserve should that occur prior to the 2 0 minute limit.

4. Flights will be operated at an altitude up to 40 0 feet AGL.

5. Crew for each operation will consist of the UAS pilot who will keep the UAS within his visual line of sight at all times.

6. The UAS pilot will be trained in flight, operations, and safety procedures as detailed in the aircraft
Manual.

7. The UAS will only operate away from heavily populated areas and not in the immediate vicinity of airports.Caruso

– Petition Addendum

8. A briefing will be conducted in regard to the planned UAS operations prior to each day's photography
activities.

9. The proposed flight area will be inspected and cleared of persons prior to the commencement of UAS operations.

10. Written and/or oral consent and/or notification will be given to the relevant property owners or applicable persons.

11. All required pe rmissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

12. If the UAS loses communications or loses its GPS signal, it will have capa bility to return to a pre

determined landing point.

13. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

IV. DESCRIPTION OF SPECIFICREGULATIONS

14 CFR Part 21, Sub part H: Airworthiness Certificates 14 C. F.R.§91.203(a)(l)

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 the airc raft to be utilized by the petitioner, 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 Refo rm 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. Our small UAS will be operated at low speed in a controlled environment. Petitioner will ensure that no persons are allowed within 500 feet of the operating area except those consenting to be
involved and necessary for the filming production, with the possibi lity of reducing this distance to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

towered airport unle ss the airport’s management is given prior notice and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”), where applicable. Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (including, but not limited to, ultra light vehicles, parachute activities, parasailing activities, and hang gliders.) An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted
environme nt and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunde r is less than 55lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, and un der the requirements and in compliance with local public safety requirements.

These safety enhancements, which already apply to civil aircraft, provide a greater degree of safety to the public and property owners than conventional operations condu cted with airworthinessCaruso

– Petition Addendum

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 ability to carry an external load no greater than two lbs.

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

This regulation requires certain experimental, provisionally certificated aircra ft, or l ightsport category
aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station.

Even though the UAS wil l have no airworthiness certificate, an exemption may 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, observer and others working with the UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Sec tions 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the a ircraft to have reviewed the operation manual for the specific aircraft and demonstrate necessary flight skills. Unlike a conventional aircraft that carries the pilot and passengers, the U AS is remotely controlled with no living thing or cargo on boar d. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested, exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civi l 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 a nd the requirements contained in the User Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The U AS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, 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. The FAA has issued the followingCaruso

– Petition Addendum

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299 A, 9565, 9565B, 10167, 10167A, 10602, 32827, and10700. 14 C.F.R. 91.103: Pre

- flight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the User Manual. These actions will

pr ovide an equivalent level of safety.

14C.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 unless that aircraft has fully functioning dual controls.

By design, UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has previously app roved exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS v ia radio signals from the controller, 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 le ss than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a quad

- rotor craft that flies similarly to a helicopter, with vertical take

- off and vertical landing, which will typically operate at altitudes up to 400 AGL, so an exemption may be needed to allow such operations. The equivalent level of safety will be achieved given the size, weight, speed of theUAS aswell

as the location where it i s operated. No flight will be taken without the consent and/or t he notification of/to the property owner and/or onsite persons where required. Because of the advance notice, 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 carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventio nal aircraft operating at or below 500AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional 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 departure airport or an appropriate altimeter setting available before departure." As th e 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 User Manual and Safety Check list, confirming the altitude of the la unch site shown on
the GPS altitude indicator before flight.

14CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to operations in controlled environments, and has a limited range and flight time which require anCaruso

– Petition Addendum

ex emption from 14CFR91.15 1(a). The battery poweri ng the UAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 1 5 minutes in length. Given the limitations on the UAS proposed flight area and
the location of its proposed operations within a predetermined area, a longer time frame for flight is
reasonable.

Eastman believes that an exemption from 14 CFR §91.15l(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Mart in Corporation to operate without compliance with FAR 91.151 (a)).Operating the small UAS, in a tightly controlled area where prior consent/notification has been received/given, 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 sm all UAS. Additionally, limiting UAS flights to 1 5 minutes would greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be ach ieved by limiting flights to 40minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 15% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restrictio n would be more than adequate to return the UAS 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. 14CFR 91.203 (a) &(b): Ca rrying civil aircraft certification and registration

The regulation provides in 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 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. Therefore there is no ability or place to carry certification and registration documents or to display them on the
UAS.

An equivalent level of sa fety will be achieved by keeping these documents at the ground flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS . The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 CFR 91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operato r or owner "shall have that aircraft inspected as prescribed in subpart 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 ...," a nd others shall 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 UAS . Maintenance will be accomplished by the operat or pursuant to theCaruso

– Petition Addendum

Manual. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in control l ed areas for limited periods of time. If
mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenan ce performed. 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.

*******

Pursuant to 14C.F.R. Part 11,the following summary is p rovided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:14 C.F.R. §21, subpart H;14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.10 3(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial photography. Approval of exemptions allowin g commercial operations of UAS for aerial photography/videography and inspection of buildings, towers etc enhances safety while reducing risk. Traditional aerial photography creates a greater risk because the craft are much larger, have combustible fuel, a nd carry an onboard human pilot. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible
fuel carried on board. The UAS will carry no passengers or crew an d, therefore, will not expose such to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in a controlled structure as outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled
environment and , as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy All flights will occur over controlled property with the appropriate party’s consent and/or knowledg e. Images taken will typically be of company owned assets and flown over company owned property or property of individuals who have consented to being overflown or otherwise have agreed to
allow petitioner to be in the area where aerial photography operati ons will take place. *******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012, i.e. size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight
and nationa l security, provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's UASs for airborne photography, videography,
and inspection pursuant to the Manual link attached in this document

.