August 2 6 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 RE: Exemption Request under § 333 of the FAA Modernization and Reform Act of 2012 of the Federal Aviation Regulations from 14 CFR Part 21; 14 CFR §§ 45.23(b); 61.113 (a) & (b); 61.315(a) & (c); 91.7(a); 91.9(b); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203; 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & (b). Dear Sir or Madam, Pursuant to § 333 of the Federal Aviation Administration (“ **FAA**”) Modernization and Reform Act of 2012, Pub. L. No. 112

- 95 (2012), 126 Stat. 11 (the “ **Reform Act**”), the FAA’s general exemption authority under 49 USC § 44701(f), and 14 CFR Part 11, Jason Lauzer (hereinafter, the “ **Petitioner**”), an
ow ner and operator of small Unmanned Aircraft Systems (“UAS”), hereby petitions for exemptions from 14 CFR Part 21, Subpart H (Airworthiness Certificates), 14 CFR §§ 45.23(b), 61.113(a) & (b), 61.315(a) & (c), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.109(a), 91 .119(c), 91.121, 91.151, 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b). The proposed exemptions, if granted, would allow Petitioner to conduct commercial operations of small UAS for purposes to include: aerial photograph y, aerial videography (marketing), precision agriculture, real estate, exterior structure inspections, UAS training, and volunteer search and rescue missions under the conditions outlined herein and as may be established by the FAA in granting the above re quested exemptions. As described more fully below, based on the small size of Petitioner’s UAS, the qualifications and experience of Petitioner’s pilot, and the limited, controlled

- access environments within which Petitioner will operate, the requested ex emptions clearly fall within the safety parameters envisioned by Congress as set forth in § 333 of the Reform Act. Additionally, the enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS weighing less than 55 pounds under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabled by this petition are in the public interest. Thus, the requested exemptions should be granted.
THE NAME AND ADDRESS OF PETITIONER:
Jason Lauzer 720 Redfin Drive Atlantic Beach, FL 32233 904

- 599

- 5568 jlauzer@gmail.com**BACKGROUND OF PETITIONER**

Petitioner is a multifaceted digital media, video photographer and pilot with over fifteen years’ experience. Jason Lauzer is a FAA licensed commercial pilot and holds an instrument and multi

- engine ratings. Mr. Lauzer has extensive experience as a hobbyist UAS pilot. Mr. Lauzer’s background in aviation, film, video , and photography production, and his knowledge and experience with UAS and wireless communications provide a level of trust that will ensure the integrity and safety of all UAS operations conducted by Petitioner pursuant to the requested exemptions.
Petit ioner has a long standing reputation for excellence and safety and serves as an entryway for their clients to attain a dedicated and award winning team that serves much like an in

- house media department with unprecedented, world

- class production capabiliti es. Petitioner seeks to build on its years of safe and successful productions and leverage Mr. Lauzer’s aviation skills and knowledge to offer the widest possible range of UAS services in a manner consistent with the parameters set forth in § 333 of the Re form Act. Petitioner seeks the requested exemptions to permit Petitioner to offer commercial UAS services for a variety of industries and applications, including:

 Aerial surveying and mapping

 Precision Agriculture inspections

 Aerial photography

 Aer ial videography and video marketing

 Real estate marketing and inspections

 Exterior structure inspections

 Public entity support operations

 UAS training, and

 Volunte er search and rescue operations Petitioner plans to conduct operations under the requested exemptions using the DJI Phantom 3 small UAS. **REQUESTED EXEMPTIONS** Petitioner requests relief from the following regulations:

 14 CFR Part 21;

 14 CFR § 45.23(b);

 14 CFR § 61.113(a) & (b);

 1 4 CFR § 61.315(a) & (c);

 14 CFR § 91.7(a);

 14 CFR § 91.9(b)(2);

 14 CFR § 91.103(b)(1);

 14 CFR § 91.109(a);

 14 CFR § 91.119;

 14 CFR § 91.121;

 14 CFR § 91.151(a);

 14 CFR § 91.203;

 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1);

 14 CFR § 91.409(a)(2);

 14 CFR § 91.417(a) & (b)
**EXTENT OF RELIEF SOUGHT BY PETITIONER AND REASONS FOR SEEKING SUCH RELIEF** 14 CFR Part 21, Subpart H: Airworthiness Certificates This section establishes the procedural requirements for the issuance of airworthiness
ce rtificates and other airworthiness approvals. Given the size, weight, speed, and limited operating area associated with the UAS to be utilized by Petitioner, an exemption from 14 CFR Part 21, Subpart H (Airworthiness Certificates), subject to certain condi tions and limitations, is warranted, and meets the requirements for an equivalent level of safety under 14 CFR Part 11 and § 333 of the Reform Act. 49 USC § 44701(f) and § 333 of the Reform Act both authorize the FAA to exempt aircraft, including UAS, from the requirement for an airworthiness certificate upon consideration of the size, weight, speed, operational capabilities, proximity to airports and populated areas, and operati on within visual line of sight. The UAS operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed by Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with a n airworthiness certificate issued under 14 CFR Part 21, Subpart H, and not subject to the proposed limitations and conditions. The UAS to be operated by Petitioner (DJI Phantom 3 ) w eigh s much less than 55 lbs. fully loaded, will be operated at a speed of no more than 50 knots, will carry neither a pilot nor passengers, will carry no explosive or flammable materials or fuel, and will be operated exclusively in predetermined, controlled

- access environments. Petitioner’s UAS will use a radio frequency spectr um for operation and control that complies with Federal Communications Commission (“ **FCC**”) requirements, and will be operated only in accordance with the procedures proposed herein and as may be established by the FAA. Petitioner’s UAS will be equipped with redundant safety mechanisms allowing safe operation after experiencing certain in

-flight failures. If a lost

- link event occurs, including loss of ground communications or loss of GPS signal, Petitioner’s UAS will have the ability to perform a pre

coordina ted, predictable, automated flight maneuver and return to a predetermined location within a designated security perimeter for landing. Unlike operations of other civil aircraft, operations under the requested exemptions will be tightly controlled and monit ored by both the pilot in command (“ **PIC**”) and a Visual Observer (“**VO**”) in order to ensure the Petitioner’s UAS remains within operational limitations and to ensure the safety of operations. These enhancements to current safety practices and regulations provide a greater degree of safety to the public and property owners than conventional aircraft operations conducted by aircraft with an airworthiness certificate. Lastly, there is no intrinsic credible threat to national security posed by UAS due to the size , speed, restricted operational environments, lack of explosive materials and flammable fuels or other liquids, and inability to carry passengers or a substantial external lo ad.14 CFR § 45.23(b): Display of Marks

This section requires that “[w]hen 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 e ach 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 Petitioner’s UAS will h ave no airworthiness certificate, an exemption may be necessary as the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word “experimental,” etc., can be placed. Also, given the size of Petitioner’s UAS, two

- inch lettering wil l be impossible. Petitioner understands the need for markings and will mark its UAS in the largest possible lettering on the UAS fuselage so that anyone observing Petitioner’s UAS wi ll be able to see the markings. 14 CFR § 61.113(a) & (b): Private Pilot Pr ivileges and Limitati ons: Pilot in Command (PIC) and 14 CFR § 61.315(a) & (c): Sport Pilot Privileges and Limitation s These sections limit private pilots and sport pilots to non

- commercial operations. Because Petitioner’s UAS will not carry a pilot or pass engers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating Petitioner’s UAS to have a private pilot’s or sport pilot’s license rather than a commercial pilot’s license to operate Petition er’s small UAS. Unlike a conventional aircraft that carries the pilot and passengers, Petitioner’s UAS are remotely controlled with no persons onboard. The area of operation will be controlled and restricted, and all flights will be planned and coordinated in advance. The risks associated with the operation of Petitioner’s UAS are so diminished from the level of risk associated with commercial operations contemplated by 14 CFR Part 61 when drafted, that allowing operations of Petitioner’s UAS as requested
w ith a private pilot or sport pilot as the PIC exceeds the present level of safety achieved by 14 CFR §§ 61.113(a) & (b) and 61.315(a) & (c). 14 CFR § 91.7(a): Civil Aircraft Airworthiness This section prohibits any person from operating a civil aircraft u nless it is in an airworthy condition. As there will be no airworthiness certificate issued for Petitioner’s UAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the UAS manufacturer’s manuals and use of safety checklists prior to each flight, an equivalent level of safety will be provided. In accordance with the pertinent part of 14 CFR § 91.7(b), the PIC for all of Petitioner’s UAS opera tions shall be responsible for determining whether the aircraft is in a safe condition for flight, including the use of pre -flight safety checklists.14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual, Ma rking, and Placard Requirements

This sections p rovides in pertinent part that “[n]o person may operate a U.S.

- registered civil aircraft ... 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.” Petitioner’s UAS, given their size and configuration, have no ability to carry a physical flight manual on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the PIC operating Petitioner’s UAS wi ll have immediate access to it. 14 CFR § 91.103(b)(1): Preflight Action This regulation requires each PIC to take certain actions before flight to insure the safety of each flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. Petitioner will comply with the other applicable procedures and requirements stated in § 91.103(a) & (b). Specifically, the PIC will take all action including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiating a flight. The PIC will also account for all relevant site

- specific con ditions in their preflight procedures.7 Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return

-to

- home sequence if needed.
14 CFR § 91.109(a): Flight Instruction This section provides in pertinent part that “[n]o 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.” UAS, by their design, do not have functional dual controls. Fl ight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. Given the size and speed of Petitioner’s UAS, an equivalent level of safe training can be achieved without dual controls because no pilot or passengers are aboard the UAS and all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. 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. See E xemptions Nos. 5778K and 9862A. 14 CFR § 91.119: Minimum Safe Altitudes This section establishes minimum safe altitudes for operation of civil aircraft. § 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. Similarly, § 91.119(c) provides that, over other than congested areas, no person may operate an aircraft below an altitude of 500 AGL, except over open water or sparely populated areas. As this exemption is for a UAS that closely mimics the flight characteristics of a helicopter, and the exemption requests authority to opera te at altitudes no higher than 400 feet AGL, an exemption may be n eeded to allow such operations. As set forth herein, Petitioner’s UAS will never operate at higher than 400 feet AGL, nor beyond visual line of sight (“**VLOS**”) of the PIC and VO, whichever is closer. It will, however, be operated in a restricted area with individuals tasked with ensuring public safety, and where buildings and people will not be exposed to operations without their pre

- obtained consent and train ing.The equivalent level of safety will be achieved given the size, weight, and speed of Petitioner’s

UAS as well as the restricted environments within which they will be operated. No flight will be taken without the permission of the property owner. Bec ause of the advance notice to the property owner and the participants in the UAS operation, all affected individuals will be aware of the planned flight operations. Compared to flight operation with manned aircraft or rotorcraft weighing far more than Peti tioner’s UAS and the lack of flammable fuels onboard, any risk associated with Petitioner’s operations is far less than that presently presented by conventional aircraft operating at or below 500 feet AGL. In addition, the lowaltitude operations of Petitio ner’s UAS will ensure separation between Petitioner’s UAS operations and the operations of conventional aircraft that must comply with § 91.119. Furthermore, the manufacturer of Petitioner’s UAS, DJI, has implemented Firmware updates that limit UAS flights around airports, along with distance and elevation limits. 14 CFR § 91.121: Altimeter Settings In pertinent part, this section requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set to “...the elev ation of the departure airport or an appropriate altimeter setting available before departure.” As Petitioner’s UAS may not have a barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety will be a chieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator, and prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC. The PIC will also ensure effective pair ing with multiple GPS sources to guarantee accurate detection of altitude. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions This section prohibits a person from beginning “a flight in an airplane under VFR conditions unless (considering w ind 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 m inutes.” The battery powering Petitioner’s UAS provide approximately 12

- 15 minutes of powered flight in hover mode without payload. Thus, Petitioner’s UAS will not be able to meet the 30 minute reserve requirement contained in 14 CFR § 91.151(a). Operating Petitioner’s UAS in a tightly controlled area where only people or property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve power, does not engender the type of dangers that § 91.151(a) was intended to alleviate given the size and speed of Petitioner’s UAS. Petitioner believes that an equivalent level of safety can be achieved by prohibiting Petitioner’s PIC from beginning any flights unless, considering the wind and forecast weather conditio ns, there is enough available power for Petitioner’s UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer, whichever is greater. This restriction would be more t han adequate to return the Petitioner’s UAS to its planned landing zone from anywhere in its limited operating area. FAA has granted similar exemptions; see e.g. Exemption Nos. 2689F, 5745, 10673, and 10808.14 CFR § 91.203(a) & (b): Civil Ai rcraft: Cert ifications Required

This regulation provides in pertinent part that “(a)...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 unle ss the airworthiness certificate required by paragraph (a) of this section ... is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.” Petitioner’s UAS fully loaded weighs less than 55 pounds and is operated without a pilo t, passengers, or crew onboard. As such, there is no is ability or place to carry certification and registration documents or to display them on Petitioner’s UAS. An equivalent level of safety will be achieved by keeping these documents at the ground contr ol station where the PIC will have immediate access to them, to the extent they are applicable to Petitioner’s UAS. FAA has issued numerous exemptions to this section; see e.g. Exemption Nos. 9565, 9665 , 9789, 9789A, 9797, and 10700. 14 CFR §§ 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator 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...;” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to a ircraft with an airworthiness certificate, these sections will not apply to Petitioner. Petitioner will strictly adhere to the safety and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating manuals.8 To the exten t such information is not included in the guidelines as developed by the manufacturers, Petitioner will undertake to develop and document maintenance, overhaul, replacement, and inspection requirements, and procedures to document and maintain maintenance records with regards to Petitioner’s UAS.9 An equivalent level of safety will be achieved because Petitioner’s UAS are very limited in size and will carry small payloads and operate only in restricted areas for limited periods of time. If mechanical issues arise, Petitioner’s UAS can land immediately and will be operating from no higher than 400 AGL. The Petitioner will ensure that its UAS are in working order prior to initiating each flight, perform regular maintenance, and keep a log of any maintenance performed. Moreover, Petitioner is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition in o rder to ensure safe operations. **EQUIVALENT LEVEL OF SAFETY** Petitioner proposes that the exemptions requested herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein. Petitioner’s requested exemptions will not adversely affect safety, and Petitioner’s proposed operational limits will provide for at least an equivalent or even greater degree of safety than for similar operations conducted using conventional, manned aircraft, due to the size, speed, and limited oper ating area of Petitioner’s UAS. The UAS Petitioner plans to operate are small, multi

- rotor rotorcraft, each weighing much less than 55 pounds including their payload. They will operate, under normal conditions, at a speed of no more than 50 knots. Operations will be performed by a fully qualified and trained UAS PIC, as outlined below, to ensure that Petitioner’s UAS will “not create a hazard to users of the national airspace systemor the public.” Given the small size of Petitioner’s UAS and the pre

- planned, controlled

- access

environment within which they will operate, Petitioner believes that these operations fall squarely within that zone of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately. Also, operation in a secured, pre

- defined area will prevent the possibi lity of a national 8 See Appendix A, Appendix B, and Appendix C 9 See Appendix E, Appendix F, and Appendix G security issue. The operation of Petitioner’s UAS by knowledgeable aviation professionals with experience in the national airspace system (“ **NAS**”) w ill serve to enhance safety, add to the public benefit, and reduce environmental impacts related to current methods of aerial operations of t he kind proposed by Petitioner. The limitations and conditions to which Petitioner agrees to be bound when conducti ng commercial operations under this petition include but are not limited to the following, at a mini mum: 1. Safety will be the first and foremost consideration for all of Petitioner’s UAS operations. 2. Petitioner will conduct operations using only the DJI Phantom 3 UAS, of which weighs less than 55 pounds fully loaded. 3. Petitioner’s UAS PIC will be required to be an FAA licensed airman and hold at least an FAA Third Class Medical certificate or valid driver’s license. 4. Petitioner’s UAS PIC will be resp onsible at all times for the safe operation of each flight conducted pursuant to the requested exemptions. 5. All flights will be operated within VLOS of the PIC at all times. 6. All operations will utilize a visual observer (“**VO**”). The VO will be used to maintain VLOS with the UAS so long as the PIC also always maintains VLOS capability, and the PIC and VO will at all times remain close enough to be able to communicate verbally during flight operations. The PIC will be responsible for ensuring that the VO can perform the dutie s required by the VO. 7. The UAS will operate at no more than 50 knots, and in no case will UAS be operated at airspeeds greater than the maximum operating airspeed recom mended by the UAS manufacturer. 8. This exemption, if granted, an d all other documents needed to operate Petitioner’s UAS and conduct operations in accordance with the limitations and conditions as set forth herein and as established by the FAA will at all times be kept with the PIC at the ground control station and wil l be immediately available upon request. 9. Petitioner’s UAS will utilize GPS navigation, failsafe, return

-to

- home (“RTH”), and/o r flight abort safety features. 10. The PIC will be prohibited from beginning a flight unless, considering the wind and forecas t weather conditions, there is enough available power for Petitioner’s UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer, whichever is greater. 11. Flights wi ll be operated at an altitude at or below 200 feet above ground level (“AGL”) under normal conditions, and will never exceed 400 feet AGL. 1 2. Petitioner will not allow its PIC to operate unless the PIC demonstrates the ability to safely operate Petitioner’s UAS in a manner consistent with how the UAS will be operated as proposed herein, including evasive and emergency maneuvers and maintaining appropriate distances from persons and property, and including familiarization with applicable airspace restrictio ns and the UAS operat ions manuals.13. Operations will never be conducted at night. Daytime operations will only be conducted

under Visual Flight Rules (“**VFR**”) conditions. 14. Petitioner’s UAS will only be operated within a pre

- planned, controlled

- access f light perimeter sized so as to allow the PIC and VO to maintain VLOS with the UAS at all times during flight operations. 15. A briefing will be conducted in regard to each planned UAS operation, and the safety thereof, prior to operation at each new locati on. 16. All persons not directly involved with UAS flight operations will be prohibited from entering the flight perimeter unless there exists therein barriers or structures sufficiently robust to protect nonparticipating persons from the UAS and/or debris in the event of an accident. 17. All UAS operations will be conducted over private or controlled

- access property with permission from the property owner or property controller or their respective authorized representative. Permission from the property own er or controller or their authorized representative will be ob tained prior to each operation. 18. If the UAS loses communications or loses its GPS signal, it will have the capability to return to a pre - determined locati on within the flight perimeter. 19. T he PIC will have the power, and the duty, to abort all flight operations in the event of unpred icted obstacles or emergencies.

**The Requested Exempti ons Promote the Public Interest**  The enhanced safety achieved by replacing significantly larger manned airc raft carrying crew, passengers, and flammable fuel with small UAS carrying no passengers, crew, or flammable fuel under the specific guidelines and procedures proposed by Petitioner gives FAA good cause to find that the UAS operations enabled by this petit ion are in the public interest. Moreover, by replacing the manned aircraft traditionally used for the kinds of operations proposed by Petitioner with small UAS, Petitioner will be able to provide aerial operations services at a greatly reduced cost, making these kinds of services available to a greater range of businesses and consumers, thereby enhancing the utility of aerial operations and benefitting the economy as a whole. Similarly, the small, electric, battery

powered UAS utilized by Petitioner will be nefit the public as a whole by greatly reducing the pollution and ecological impact associated with traditional airc raft and rotorcraft operations. Congress and the FAA, through passage of the Reform Act and in numerous Exemptions (see e.g. Exemption No. 1 1 062), have already recognized that UAS provide a greater degree of flexibility and safety than traditional manned aircraft when used within certain operational limits and for the kinds of operations proposed herein by Petitioner. Granting Petitioner exem ption to operate its UAS commercially furthers economic growth and public safety while limiting the ecological impacts of aerial operations. Thus, FAA has good cause to grant this petition.**Conclusion** For the forgoing reasons, the exemptions requested by Petitioner herein should be granted and Petitioner should be permitted to conduct commercial UAS operations in accordance with the limitations and conditions proposed herein and as established by the FAA. Respectfully submitted,

Jason Lauzer