January 26, 2016

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

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), and 14 C.F.R. Part 11, I, Ryan Daley, an operator of an Unmanned Aircraft System (“UAS”) seeks an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of a UAS, so long as such operations are conducted within the parameters and conditions described herein or as may be established by the FAA as required by Section

333.

The requested exemption would support an application for a “blanke t” commercial Certificate of Authorization (“COA”) permitting the commercial operation of a UAS, equipped wi th, but not limited to, camera(s), flight control, flight management systems, fail

- safes, various sensors, and GPS. The requested exemption would pe rmit the operation of a UAS under controlled conditions in the National Airspace System (“NAS”) that would be (1) Limited, (2) Predetermined, (3) Subject to controlled access, and (4) Provide greater safety in connection with aircraft operations. As establ ished by previously granted exceptions, approval for this exemption would enhance safety and fulfill the Secretary of Transportation’s responsibility to “...establish requirements for the safe operation of such aircraft systems in the national airspace syste m.”

- Section 333(c) of the aforementioned FAA

Modernization and Reform Act of 2012.

The requested exemption would permit the controlled commercial operation of a small UAS

. The commercial manners in which the UAS will be operated include, but are not lim ited to:

 The production of aerial multimedia for public and/or private use including; Real estate, architecture, commercial and private land mapping / surveying, and to provide visual aid to engineering projects and

tasks.

 The production of aerial multime dia for public and/or private use including inspections of residential, commercial, and privately owned structures under contract with the owner or applicable governmental agencies.

 The production of aerial multimedia for public and/or private use includ ing television, public events, cinema, marketing, and news gathering.

 The production of aerial multimedia for public and/or private use includin g special events and sporting

events.

Applicant : Ryan Daley

997 Johnnie Dodds Boulevard Mount Pleasant, SC 294 64 (828) 361

- 7913 ryan.eastcarolina@gmail.com

Attachments: (1) DJI Phantom 3 Professional User Manual, (2) DJI Phantom 3 Professional Intelligent Flight Battery Safety Guidelines, and (3) DJI Phantom 3 Professional Safety Guidelines DisclaimerThe regulations from which the exemption is requested are as follows:

 14 CFR P art 21
 14 CFR 45.23 (b)
 14 CFR 45.29
 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
 14 CFR 91.121
 14 CFR 91.151
 14 CFR 91.203 (a) & (b)
 14 CFR 91.405 (a)
 14 CFR 407 (a) (1)
 14 CFR 409 (a) (1) & (2)
 14 CFR 417 (a) & (b)

Extent of r elief and why :

14 CFR Part 21

- The UAS is unable to transport passengers and is unable to carry a pilot on board. Since the UAS is battery powered, the device does not carry, nor is intended to carry, explosive materials or flammable liquids. Considering the nature
and limitations of the device (size, weig ht, speed, and flight duration) an exemption is requested. The operation of a UAS considering the items discussed within this request effectively determine that the device in operation without

an airworthiness certificate is at lea st as safe, as or saf er than a conventional aircraft.

14 CFR 45.23 (b) & 14 CFR 45.29

- Considering the size of the UAS, the regulated lettering size of the N designation would be impossi ble. The request

f or the exemption is in regard to the size of the markings. The UAS will retain its N designation on

- board however the sizing will be proportionate to the size of the device and plainly visible.

14 CFR 61.113 (a) & (b)

- The UAS will not b e transporting human cargo, thus the proposed use of the UAS can achieve equivalent or greater safety by requiring the pilot in charge of the UAS to have a minimum of 50 hours of flight time with the UAS that

will be used in a c ommercial capacity. A UAS is unlike a standard aircraft in the sense that it operates with no operators in transport during operation.

14 CFR 91.7 (a)

- As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no FAA reg ulatory standard will exist for determining airworthiness. Given the nature of the UAS, namely size and functionality, the completion of a pre

- flight safety checklist will provide an equivalent level of safety.

14 CFR 91.9 (b) (2)

- Due to the size and cargo capacity of the UAS, it is not possible for the device to transport a flight manual. Additionally there is no pilo t on board to tr ansport a relevant flight manual. Considering these limitations, the flight

manual will be available for immediate access at the ground

- control poin t of the UAS under the management of the

PIC and relevant crew.

14 CFR 91.103

- Since an FAA approved flight manual will not be provided for the aircraft, an exemption will be needed. The PIC will take all actions including flight planning, weather and environment al review, flight time requirements, ingress and egress distances, as well as aircraft health and performance data before flight initiation

. A supplemental checklist that will be used by the PIC pre

- flight is included within this document.14 CFR 91.109

-

The UAS in question does not have fully functional dual

- operator controls. Flig ht control is acco mplished leveraging a remote control management system that communicates to the UAS vi a radio signal. An equivalent level of safety is provided based on the fact that the UAS does not transport human cargo; additionall y the danger is mitigated by the size and speed capabilities of the aircraft.

14 CFR 91.119

- Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9

- 1.119 (d) allows helicopters to be operated at less than minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the

exe mption 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 for such operations. As set forth herein, the UAS will never operate at hi gher than 400’ AGL with the exception that in circumstances where the UAS is used to survey or photography a structure whose height exceeds 400’ AGL, the UAS will not be operated more than 200’ above the highest point on the structure. It will however be o perated 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, and speed of the UAS as well as t he 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 filming activity, all affected individuals will be

a ware of the planned flight operations. Compared to flight operations with the aircraft or rotorcraft weight fare more than 55 pounds, proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500’ AGL. In addition, the low

altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that musty comply with Section 91.119.

14 CFR 91.121

- 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 the sUA S 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 Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151

- Section 91.151 (a) prohibits 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 po int 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 23 minutes of pow ered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights would be not be possible. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time f rame for flight in daylight or twilight VFR conditions is reasonable. I believe that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance wi th FAR 91.151 (a)). Operating the small 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 ri sks that Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS.

I believe that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 20 % battery power, whichever happens first. This restriction 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 Exemp tion Nos. 2689F, 5745, 10673, and

10808.14 CFR 91.203 (a) & (b)

-

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 certificate required by paragraph (a) of his 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 pounds and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration document 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 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) ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (1) & (2) ; 14 CFR 417 (a) & (b)

- These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall bet ween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 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 the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual , operating handbook, and pre

- flight checklist at a minimum.

An equivalent level of safety will be achieved because th ese small UASs are very limited in size and will carry a small payload and operate only in restricted 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 prov ided in the Manuals and pre

flight checklists 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 performed. Moreover, the operator is the person most familiar with

the aircraft and be st suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. If the aircraft is not deemed as airworthy afte r referencing the operating handbook, flight manuals, and pre

- flight checklists the UAS will be repaired and inspected thoroughly prior to the next flight

.

The applicant, Ryan Daley, is seeking relief and/or exemption from all aforementioned FARs that would otherwise prohibit the applicant from conducting safe and functional commercial UAS services for public an d private consumption.

Please ref erence the following section for d etails outlining the safety features and functionality of the primary UAS

.

UAS

The UAS in operation will be the DJI Innovations

– Phantom 3 Professional. The flight

- ready weight of the device is 1280 grams or 2.82lbs. This flight weight includes entire payload of flight s tructure and compo nents, camera

, gimbal, safety systems, sensors, and battery. The Phantom 3 Professional has a ( 1 ) max ascent speed of 11.2 mph or

9.7 knots (2) max decent speed of 6.7 mph or 5.8 knots , and a ( 3) max lateral speed of 35.8 mph or 31.1 knots. T he

device will not exceed approximately 30 mph or 26 knots due to footage quality limitations except in situations

where maximum speed is required to insure the safety and/or wellbeing of the public and/or the airspace. The intelligent 4 cell battery on

- board has a total capacity of 4480 mAH with a charged voltage measure of approximately 15.2 V. The intelligent battery allows the Phantom 3 Professional to operate under optimal c onditio ns for approximately 23 minutes. Under the operation of the applicant, the battery will not be operated under 20% its maximum capacity to insure an appropriate amount of flight time is left for a safe landing. In certain situations, distance will be measured in accordance with flight time to insure that an approp riate amount of bat tery remains forthe device to return to the landing area with a minimum of 20% battery life remaining to p romote safe landing

procedures.

The device contains on

- board safety measures such as the following; On

- board GPS flight tracking, automatic flight

- log creation, constant live altitude measurements taken by the onboard GPS and a number of other sensors, LED ligh ts representing the front and rear of the device. The device also has an automated “ Return to home ” function, additional details outlined within the attachments mentioned previously, that will safety fly and land the

device at the take

- off loc ation in th e event of signal degradation or loss. These safety measures are to insure that the operator is in constant communication with the status of the UAS as we ll as its precise location

, interrupted

, through out the entire duration of the fight . The applicant will use the on

- board altitude limit er to insure device operation remains under 399 ft.

Additional UAS details available within the attached documentation previously ment ioned.

Additional Safety Measures

In addition to safe operation, the applicant will abide by, at a minimum the following pre

- flight checks to insure th e flight

- readiness of the UAS as well as assess the overall safety of the flight. If safety measures are not met in completion, the flight will be terminated immediately until the pre

- flight checklist is able to be completed in its entirety insuring safe operation

. The pre

- flight checklist is subject to additions to insure safety in all operation

environments. The pre

- flight checklist will include, at a minimum , the following :

ENVIRONMENTAL: □ Check for people, animals, property in the fligh t vicinity. □ Notify any bystanders or nearby property owner of your intentions.

□ Discuss flight plan with your check

‐ pilot

□ i f flying in controlled airspace, notify airspace authority of your intentions. □ First Aid / Safety Kit on hand, stocked, readily accessible, and visible to anyone in the area

□ Check weather forecast and evaluate flight conditions

HARDWARE / EQUIPMENT : □ Cracks (especially in high stress areas like joints) □ Loose or damaged screws / fasteners / bands / straps / ties

□ Loose or damaged wiring

□ Loose or damaged connections □ Inspect prop mounts & screws & apply slight counter pressure on arms to check for loosened

construction □ Battery/batteries fully charged, properly seated & secured □ Props are smooth and free of damage/defect (check blade, surface, & hub) □ Tighten prop adapters (careful not to over tighten which may damage prop)

PRE

‐ FLIGHT: □ Batteries charged & secured

□ Position UAS in a level, safe location for takeoff

□ All transmitter controls move freely in all directions □ All transmitter trims in its neutral position □ All transmitter switches in correct position (typically away)

□ Radio transmitter on

□ Ensure led indicators & audible tones are all correct

□ Check video feed and device status indicators □ Scan for nearby people or animals

□ Stand clear

‐ audibly, loudly announce the word "CLEAR!" □ Arm flight controller □ Increase throttle slightly listening for any abnormalities

□ Short 20

‐ 30 second hover at 3

‐ 5 feetSummary

Pursuant to 14 CFT Part 11, the following summary is provided for publication in the Federal Register:

The applicant, Ryan Daley, seeks exemption from the following regulations:

14 CFR Part 21 ; 14 CFR 45.23 (b) ; 14 CFR 45.29 ; 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 ; 14 CFR 91.121 ; 14 CFR 91.151 ; 14 CFR 91.203 (a) & (b) ; 14 CFR 91.405 (a) ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (1) & (2) ; 14 CFR 417 (a) & (b) to operate a UAS in a commercial manner in regards to the following activities - The production of aerial multimedia for public and/or private use including; Real estate, architecture, commercial and private land mapping / surveying, and to provide visual aid to engineering projects and tasks ; The production of aerial multimedia for public and/or private use including inspections of residential, commercial, and privately owned structures under contract with the owner or applicable governmental agencies; The production of aerial multimedia for public and/or private use including television, public events, cinema, marketing, and news gathering; The production of aerial multimedia for public and/or private use including special events and sporting events.

Approval of the requested exemptions would provide aerial multimedia to the public in a much safer and less cost prohibitive manner. To accomplish an equivalent quality of Aerial footage, a typical aircraft would have to operate at extremely low altitudes. In addition to low altitude flying, traditional aircraft are often in excess of 4000lbs, carry human cargo and large amounts of flammable fuel, all while operating in close proximity to structures and humans. The alternative UAS weighs significantly less than 55lbs and is powered by batteries. Flight risk is minimized due to the fact that a typical UAS is able to be carried to the site of the operation, whereas the standard aircraft must be transported by manned flight. Safety is increased when compared to traditional aircraft due to the difference in size, weight, speed, manual and automated safety features, lack of on-board crew, and absence of fuel.

The applicant, Ryan Daley respectfully requests exemptions / relief from the regulations specified previously under

Se ction 333 to permit the commercial UAS operations for the uses mentioned above. Ryan Daley will respect, at all times, the airspace as well as the safety and privacy of the public. The applicant is familiar with all of the capabilities and safety concerns when operating a UAS in a commercial capacity. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of the applicant ’ s UAS for the purposes stated above.

This request is able to be amended to satisfy any additional considerations and safety measures. Please contact me at any time regarding this application if you require clarification or supplementary information.

Regards,

Ryan Daley

997 Johnnie Dodds Boulevard Mount Pleasant, SC 294 64 (828) 361- 7913 ryan.eastcarolina@gmail.com