December23, 2015
U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200NewJerseyAvenue, SE., Washington, DC 20590 SUBJECT: Section 333 Petition for Exemption 14 CFR § 11.81 Electronic Submittal- Via FDMS Website
Dear Staff: This letter serves as a petition for exemption from specific rules contained in Title 14 ofthe Code of Federal Regulations (14CFR), regarding the operation ofa small, unmanned aircraft system (small UAS) in the National Airspace System (NAS). This petition has been prepared and filed in accordance with 14 CFR § 11.81. 

### Operation ofthe Unmanned Aircraft The UAS will beused for civil operations bymyself, a professional environmental scientist, for the propose ofconducting site reconnaissance and mapping services for both public and private civil construction and engineering projects. The UAS will be used to gather aerial still photography, and videos for use in engineering. These operations will benefit the public as a whole by enabling enhanced acquisition ofexisting data for use in the preparation ofdetailed engineering studies. Aerial photographywould also serve as a historical record, which is commonly shared with federal, state, andlocal agencies. We intendto implement all ofthe Operational Limitations, outlined in Proposed Part 107 ofthe Notice of Proposed Rulemaking (NPRM), at a minimum. These limitations will ensure the same level ofsafety offeredbythe rules for which the exemption is sought. By adhering to the Operational Limitations, the proposed UAS operation will minimize risk to the NAS, and to persons andproperty on the ground. The UAS will be operated in Class G airspace only, and flights will not exceed400 feet in elevation above ground level, andin most cases will be flying at lower elevations. Operations will be limited to daylight only in Class G airspace, using visual line ofsight (VLOS), in sparselypopulatedareas. Operations will also remain: 5 nautical miles (NM) from an airport having an operational control tower; or

• 3NM from an airport with a published instrument flight procedure, but not an operational tower: or

• 2 NM from an airport without a published instrument flight procedure oran operational tower; or

• 2NM from a heliport with a published instrument flight procedure.
Prior to each flight, the Pilot In Command (PIC) will perform a preflight inspection ofthe UAS, and follow the manufacturer's preflight checklist. In addition, an UAS User Manual will also be available for each flight. The UAS specifications can be found in the DJI Phantom# Professional UserManual. The aircraft loads will include a video camera, and intelligent flight battery, and are included in the total weight ofthe aircraft, which is roughly 3 lbs. The UAS Safety Guidelines also provide recommendations for the safe operation ofthe UAS, andpotential hazards. Iregistered the UAS with FAA yesterday. The UAS certificate number is FA3K4ANNLA.

### Unmanned Aircraft Pilot in Command (PIC) The Pilot in Command (PIC) will be a suitably trained person capable ofsafely flying the UAS. The PIC will assume the final authority and responsibility for the operation and safety ofthe flight. They will also be responsible for staying abreast ofthe latest FAAregulations, through the "KnowBefore You Fly" program. 

### Unmanned Aircraft System The UAS will be DJI Phantom 3 Professional, which is manufactured by DJI. All manufacturers recommendations related to safety guidelines will be referenced to ensure the safe operation ofthe small UAS in the NAS. This includes all DJI instructional videos and written Safety Guidelines for the Phantom 3. Our PIC will implement the Operational Limitations outlined in Proposed Part 107 ofthe Notice of ProposedRulemaking (NPRM), Volume 80, No. 35 ofthe Federal Register, dated Monday, February 23, 2015. Maintenance andrepair will be performed as necessary, and a maintenance record will be recorded in a repair logbook. This will ensure that the UAS is in a safe condition for flight. The Maintenance Manual for the Phantom 3 will be used as a reference, and has been included in this submittal. The UAS has been registered with FAA as indicated above. Rules for which we eek exemption are summarized below, and include: 1) 14 CFR, Part 21, Subpart H- Airworthiness Certificates This sectionpertains to requirements for the issue ofairworthiness certificates. Proposed Part 107 ofthe NPRM concludedthat, requiring small UAS operators to conduct inspection and maintenance ofthe small UAS pursuantto the existing regulations of 14 CFR Part43, orto obtain a permitto operate (PTO), would not result in significant safety benefits. 2) 14 CFR, Part61 § 61.23(a) and (c)- Medical Certificates This regulation provides that a PIC must maintain and hold medical certificates. II believe that medical certificates are not necessary to protect the public safety with the proposed UAS. However, Ireceive annual first aid and CPRrefresher training once peryear with my employer. 3) 14 CFR,Part 61 § 61.101(e)(4) and (5)- Recreational Pilots This regulationprovides that no personthat holds Recreational Pilot certificate may act as pilot in Command ofan aircraft for compensation orhire. Myproposed sUAS operations require that the PIC (me) must be adequately trained in the use ofan UAS and since the aircraft cannot carrypassengers or property, I feel that it meets the intent of61.101 even though the intent ofthis application is to conduct a business. 4) 14 CFR, Part 61 § 61.113(a)- Private Pilot This regulation provides that no personthat holds Private Pilot certificate may act as pilot in Command of an aircraft for compensation orhire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with anybusiness oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers orproperty for compensation or hire. Myproposed sUAS operations require that the PIC must be adequately trained inthe use ofan UAS and since the aircraft cannot carry passengers orproperty, I feel that it meets the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.



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### 5) 14 CFR, Part 61 § 

### 61.315(a)
- Sports Pilot
This regulation provides that no person that holds a Sports Pilot certificate may act as pilot in Command ofan aircraft for compensation or hire. Myproposed sUAS operations require that the PIC must be adequatelytrained in the use ofan UAS and since the aircraft cannot carrypassengers orproperty, I feel that it meetsthe intent of61.101 even though the intent ofthis application is to conduct a business. 

### 6) 14 CFR, Part 91 § 

### 91.7(a)- Civil Aircraft Airworthiness This regulation prohibits the operation ofan aircraft without an airworthiness certificate. I seek an exemption from 14 CFR §91.7 which requires that a civil aircraft have an airworthiness certificate to operate. 

### 7) 14 CFR, Part 91 § 

### 91.9- Civil Aircraft Flight Manual The regulation provides that no personmay operate an aircraft unless a current, FAA-approved flight manual, approved manual material, markings andplacards or any combinationthereofis in the aircraft. I propose that a current, approved sUAS Flight Manual be available to the crew at the ground station anytime the aircraft is in, orpreparing for flight. In addition, I have already marked the Phantom 3 with the FAA-provided Small UAS Certificate number ofFA3K4ANNLA. 

### 8) 14 CFR, Part 91 § 

### 91.103 -PreflightAction This section pertains to preflight actions for IFR flights, and reviewing information related to runway lengths, and takeoffand landing distances. The small UAS will neverbe flown under IFRconditions, and takeoffand landing distances are not a factor on a rotorcraft. The small UAS will undergo a preflight assessment, which will include: (1) local weatherconditions; (2) local airspace and flight restrictions; (3) the location ofpersons andproperty on the ground; (4) any other ground hazards. 

### 9) 14 CFR, Part 91 § 91.109 - Flight Instruction This sectionpertains to aircraft beingused for flight instruction. The small UAS will notbe used for flight instruction. 

### 10) 14 CFR, Part 91 § 

### 91.119- Minimum Safe Altitudes This sectionpertains to minimum altitudes for flight, which are a minimum of500 feet above the surface, and greater. The small UAS will be flow at a maximum altitude of400 feet above the surface. Thisrule would not be applicable to Proposed Part 107 oftheNPRM. 

### 11) 14 CFR, Part 91 § 91.121 - Altimeter Settings This sectionpertains to cruising altitudes and flight levels as referenced by altimeter settings. In addition, the rule pertains to flights that are above a minimum altitude of500 feet. The small UAS does not contain an altimeter, andwill be flown at a maximum altitude of400 feet. This rule would notbe applicable to Proposed Part 107 ofthe NPRM. 

### 12) 14 CFR, Part 91 § 91.151 -Fuel Requirements for VFR Conditions This sectionpertains to fuel requirements in VFRconditions when flying an aircraft to the first point of intended landing. The small UAS will be flown on batterypower, andwill remain within a visual line of sight (VLOS) at all times. This rule would notbe applicable to Proposed Part 107 ofthe NPRM. 

### 13) 14 CFR, Part 91 § 

### 91.203(a)(1)- Civil Aircraft Certifications This section pertains to airworthiness certificates originally designed for manned aircraft. Itis not practically feasible for small UAS manufacturers to complete the certification process required ofmanned aircraft. ProposedPart 107 ofthe NPRM has accommodated non-recreational small UAS use through a certificate ofwaiver or authorization (COA). The UAS is registered with the FAA, and a COA would be

3requested subsequentto the Section 333 exemptionprocess. 14) 14 CFR, Part 91 § 91.405- Maintenance Required This sectionpertains to the maintenance ofmanned aircraft. ProposedPart 107 ofthe NPRMconcluded that, requiring small UAS operators to conduct inspection andmaintenance ofthe small UAS pursuant to the existing regulations of 14 CFR Part43, orto obtain a permitto operate (PTO), wouldnot result in significant safetybenefits. 15) 14 CFR, Part 91 § 91.407- Operation after Maintenance, Preventative Maintenance This sectionpertains to aircraft maintenance, preventative maintenance, and alterations for manned aircraft. The small UAS will not carrypersons, and will not be altered to change flight characteristics. 16) 14 CFR, Part 91 § 91.409- Inspections This sectionpertains to manned aircraft inspections. Proposed Part 107 ofthe NPRM concludedthat, requiring small UAS operators to conduct inspection andmaintenance ofthe small UAS pursuant to the existing regulations of 14 CFR Part43, orto obtain a permit to operate (PTO), would notresult in significant safetybenefits. 17) 14 CFR, Part 91 § 91.417- Maintenance Records This sectionpertains to maintenance records for manned aircraft for the 100 hour, annual, andprogressive periods. These rules are impractical for a small UAS, and would not result in significant safetybenefits. Maintenance records for the small UAS will be kept as required. 

### Summary ofRules for Exemption Sections of 14 C.F.R Sections 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.103, 91.119(c), 91.121, 91.151(a)(l) & (b), 91.203, 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

### Description ofReliefSought I am seeking an exemption to commercially operate a small unmanned aircraft system (sUAS), 15 pounds or less includingpayload, to performvarious operations which include, but are not limited to: aerial acquisition andresearch in support ofpublic andprivate engineeringprojects, aerial photography, local infrastructure, engineering studies, flood studies and floodplain modeling, mining, and surveying. 

### Conclusion Due to theirlight weight, small unmanned aircraft generallypose a significantly lowerriskto people and property on the ground, as comparedto manned aircraft. The size, weight, speed, and capability ofthe Phantom 3 UAS will not create a hazardto the users oftheNAS orthe general public, norwill it pose a threat to national security. Granting this request for exemption would not adversely affect safety, and wouldbe inthe public interest. The UAS is registered withthe FAA, anduponreceiving a grant ofexemption a "blanket"400 foot Certificate ofWaiver orAuthorization (COA) wouldbe requested.

88 RileyMountain Road Coventry, CT

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