Peter Harmon 7 Captain Parker Drive Lee, NH 03861

603-565-0589 boxav8r@gmail.com

U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

December 7, 2015
Re: Request for Exemption per Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Peter Harmon, the petitioner, requests exemption from the following Federal Aviation Regulations in order to commercially operate an Unmanned Aircraft System (UAS) in the National Airspace System, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The petitioner hereby requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UAS's.

✦ 14 CFR 21 subpart H- Airworthiness Certificates

Reason for Exception: It has been determined that similar UAS's do not require an airworthiness certificate as granted in Exemption Nos. 11623, 11650, 11664 and 11734.

✦ 14 CFR 45.23(b)Display of Marks: General; and 45.29 (f) “EXPERIMENTAL”;
Reason for Exception: 45.23(b)Even though the UAS will 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 would be impossible. 45.29(f): The word "EXPERIMENTAL" will be placed on the fuselage in compliance with 14 CFR 45.29 (f). The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.Additionally, anticipating that required UAS registration is coming in the near future, the petitioner will comply with such requirements prior to operating once the requirement becomes effective.

✦ 14 CFR 91.7 (a) Airworthiness;

Reason for Exception: It has been determined that similar UAS's do not require an airworthiness certificate, however the petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual and preflight checks.

✦ 14 CFR 91.9 (b)2 Flight Manual...;

Reason for Exception: 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 following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

✦ 14 CFR 91.119(c) Minimum Safe Altitudes: General;

Reason for Exception: By regulation the UAS will be flown no higher than 400 feet AGL in Line of Sight (LOS) over developed and developing residential areas that may be considered congested areas. That will not always be the case when providing a 'Property Survey' flight because they could be conducted over empty lots or acreage with no structures. In the case of flying over or near existing private property while providing aerial imagery, property inspections, and property assessments, landowners will be notified in person by the petitioner. The petitioner will review with the landowners of associated risks to people and property. Due to the small size of the UAS the associated risk to persons, vessels, vehicles and structures is not comparable to manned aircraft and should be taken into consideration.

✦ 14 CFR 91.121 Altimeter Settings, General ;
Reason for Exception: The UAS being used by the petitioner does not have a barometric altimeter. It does have a GPS that will calculate altitude. The petitioner will limit flights to a maximum altitude of 400 feet AGL

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✦ 14 CFR 91.151(b) Fuel requirements for flight in VFR conditions;Reason for Exception: Due to the extremely ‘localized’ nature of UAS flights, as well as the speed and aircraft size, flights can be conducted safely in marginal VMC and IMC. The petitioner will consider wind and forecast weather conditions prior to initiating any flight. The UAS will be set to alert of 30% power remaining and automatically return and land at a designated spot with 25% power if the pilot takes no action.

✦ 14 CFR 91.203 (a) and (b) Civil aircraft: Certifications required;
Reason for Exception: Similar to the requested exemption of 14 CFR 21 subpart H, it has been determined that similar UAS’s do not require Airworthiness certificates. Additionally, no crew or passengers are on board to inspect same.

✦ 14 CFR 91.405(a) Maintenance Required;

Reason for Exception: The petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the manufacturer's recommended preflight checklist and make any repair necessary before flights occur. The Petitioner will also maintain a log of any maintenance or repairs performed.

✦ 14 CFR 91.407(a)(1) and (2) Operation after maintenance, preventive maintenance, rebuilding, or alteration;

Reason for Exception: The petitioner, who has the responsibility for the operation and safety of the UAS, will follow the manufacturer’s suggested procedures and use of replacement parts.

✦ 14 CFR 91.409 (a)(1) and (2) Inspections;

Reason for Exception: The petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe flight at all times.

✦ 14 CFR 91.417(a) & (b)Maintenance records

Reason for Exception: The petitioner will keep a record of all repairs and modifications. The petitioner also proclaims to use approved manufactured parts for all repairs and modifications.

Using a UAS equipped with a camera, GPS the petitioner seeks to provide professional photography and videography services in the following areas:1. Aerial photography and/or video for public and/or private use including real estate, inspection, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and photography for public and private use including television, public events, cinematography and news gathering

. 3. Aerial inspection photography of residential and commercial structures under contract with the owners or local government authority. 4. Aerial inspection photography of residential and commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation

. 6. Aerial photography or providing live video feed to assist in location of aquatic life and submerged objects. 7. Aerial agricultural uses such as planting and harvest monitoring, forestry inventory and topography. 8. Training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS.

As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this document under controlled conditions in the NAS that would be : 1. limited 2. controlled 3. predetermined and 4. safe
Approval of this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Additionally, the public as a whole would be served well by the versatility, size and relatively low cost of a quad-copter UAS compared to conventional rotorcraft carrying crew on board makes them ideally suited for: 1. Closer proximity operations with 2. Less risk to persons and property, and 3. Faster response times, and 4. The ability to show real-time video to those needing it. 5. Offering perspectives which would be prohibitively expensive to obtain via conventional means.The petitioner proposes operating a battery-powered, electric motor, quad-copter “DJI Phantom 3 Professional” weighing approximately 3 pounds with a top speed of approximately 31 knots using a portable remote ground station using Line of Sight (LOS) signal. Additionally, the Phantom 3 will be operated with the safety feature which would automatically return to its takeoff spot and land in the event of lost signal coverage.

Given the small size of the UAS involved and the restricted controlled environment within which it will operate, the applicant fits within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS’s to commence immediately.

The petitioner currently holds the following airman certificates: Airline Transport Pilot (ATP), MultiEngine Land, Commercial Pilot, Single Engine Land, Flight Engineer (FE), Turbojet. The petitioner is currently employed at a major airline, thus a 10 year criminal history background check has been accomplished and The petitioner is entrusted with the safe operation of a heavy commercial jet domestically and internationally. Also, due to the size of the UAS and the controlled areas in which it will operate, approval of the application presents no national security issue.

Given the following, the grant of the requested exemptions is clearly in the public interest:

The 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 an exceptional level of safety to operations. These limitations and conditions to which The petitioner agrees to be bound when conducting commercial operations under an FAA issued exemption including : 1. The UAS will weigh less than 5 lbs. 2. Flights will be operated within line of sight of the operator. 3. Maximum total flight time for each operational flight will be 30 minutes. 4. Flights will be terminated at 25% battery power reserve. 5. Flights will be operated at an altitude of no more than 400 feet AGL 6. The UAS will only operated within a controlled area as described herein. 7. The operator will post advisory notice around the controlled

area.8. The operator will have been trained in operation of UAS generally and receive up-to-date information on the particular UAS to be operated as required. 9. If the UAS loses communications, the UAS will have capability to return to a pre-determined location within the controlled area and land. 10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 11. In the event of any situation whereby persons or property could be in danger and sacrificing the UAS would prevent injury or damage to property, then such sacrifice will be made.
In summary, the petitioner seeks the waivers stated herein to operate a UAS commercially: ✦ To provide perspectives and information to those who would otherwise not seek it due to cost or safety concerns. ✦ To assist others in furthering their commercial endeavors through marketing tools previously unavailable. ✦ To assist in search and rescue operations when requested. ✦ To demonstrate that UAS operations can be conducted responsibly almost anywhere and in a wide range of weather conditions with proper coordination and planning involving all concerned.
Thank you for your consideration. Please do not hesitate to contact me if I can provide any clarification or additional information to facilitate a favorable decision. 

# Regards,

Peter Harmon