December 8, 2015

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

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Mr. Dustin Pedder hereby applies for an exemption

f rom the listed Federal Aviation Regulations ("FARs") to allow commercial operation of :

Designated UAS , 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.

Thank you

, in advance

, for your time, service, and consideration.

Commercial operation of this DJI Phantom 3 Professional UAS ( as described herein ) is equipped with a digital camera and ground s ensors and is intended by applicant to provide professional services in the following fields :

1 . Real e state

2 . Search & r escue / d isaster r elief assistance

3 . Crops / a griculture surveying

4. General landscape v ideo and still photography

5. Events

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 a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of U AS 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 th e national airspace system.”

Name and contact information of applicant requesting exemption is as follows:

Dustin Pedder

41657 W Anne Ln Maricopa, AZ 85138dpedder@hotmail.com

909

- 641

- 0013

Applicant is requesting exemption of:

14 CFR Part 21 s ubpart H 14 CFR 45.23 (b) 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 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a):

Dustin Pedder will operate the following model UAS : DJI Phantom 3 Professional

Aircraft Full payload weight, including battery and four propellers: 2.82 pounds or 1280 grams Diagonal s ize ( i ncluding p ropellers) : 590 mm

Max a scent s peed : 5 m/s

Max d escent s peed : 3 m/s

Hover a ccuracy : • Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m • Horizontal: +/

- 1.5 m

Max s peed : 16 m/s (ATTI mode, with no wind)

Max a ltitude a bove s ea l evel : 6000 m Operating t emperature : 0°C to 40°C

G PS Mode GPS/GLONASS

Camera Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20mm (35mm form at equivalent) f/2.8, infinite focus

I SO Range : 100

- 3200 (video) and 100

- 1600 (photo) Shutter Speed : 8s

- 1/8000s Image Max Size : 4000 x 3000 Video Recording Modes • UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 • FHD: 1920x1080p 24/25/30/48/50/60 • HD: 1280x720p 24/25/30/48/50/60Remote Controller

Operating f requen c y : 2.400 GHz

- 2.483 GHz

Max imum d istance range: 2000m (unobstructed outdoor setting )

Video o utput p ort : USB Operating t emperature : 0°C

- 40°C Battery : 6000 mAh LiPo 2S

Mobile d evice h older f or tablet or phone Receiver Sensitivity (1%Per)

- 101 dBm ±2 dBm Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm

Application appro val should not pose any threats to national security issues or public safety. In regards

to the level of safety surrounding the proposed operations and to the public benefit, reduction in environmental impacts, including but not limited to reduced emission s and noise, the grant of the requested exemption is still public interest in mind . Accordingly, applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which applicant agrees to adhere to when conducting commercial operation s under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. UA S will weigh significantly less than 55 lbs. This particular model , with battery and camera attached, weighs less than 3 pounds.

2. The UAS will have a maxim um operating speed of no more than 50 mph. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 4. Maximum flight time for each operational flight will be less than 25 minutes. Flights will be

terminat ed at 30 % battery power reserve

. 5. Flights will be operated at an altitude of no more than 3 00 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. Operation location will be stationary and no t in a moving vehicle. 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot will be a designated Pilot in Command (PIC). The PI C will have logged a minimum of 20 hours on the designated UAS. PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. 8. A safety and logistics briefing will be performed prior to each operation with al l personnel involved with each flight (PIC, VO, and CO). 9. All flight activities will be logged. 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 11. The flights will occur in Class G airspace no closer than a 5

- mile radius of the geographic c enter or Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

1 2. The operator will do a pre

- check of aircraft prior to each flight and will log each flight.

13 . The operator will obtain verbal and/or written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flightoperation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determinat ion, as U.S. Department of Transportation required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved. Documents and visible signage related to the planned flight will be available and visible at and around the location of operation of the

UAS. 15. The PIC and VO will have been trained in operation o f UAS and receive up to date in formation for the particular UAS to be operated. 16. The PIC and VO will be able to communicate by voice and/or radio at all times. 17. The PIC will abide by all rules

. 18. If the UAS loses communications with the remote control ler or loses GPS signal, the UAS will have the capability to return to a predetermined location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated “r eturn
h ome and l and" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery. All flights of UAS will give clea rance and way for any manned aviation within the vicinity of operation.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issu ance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with

the aircraft to be utilized by the a pplicant, 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 Reform 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 . In all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate in the restricted e nvironment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated

he reunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this ex emption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than

co nventional operations conducted with airworthiness 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, spee d of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the

Roman ca pital 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 each 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 UAS will have no airworthiness certificate, an exempti on may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

“e xperimental ” can be placed. Given the size of the UAS , two inch lettering will be impossible. The word

“e xperimental ” will be placed on the fuselag e in compliance with §45.29 (f). US Department ofTransportation February 20, 2015

. The e quivalent level of safety wi ll 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 th e identification of the UAS as “experimental”. 14 C.F.R. § 61.113 (a) and (b ) The proposed UAS operations may achieve an equivalent level of safety as achieved by current r egulations because the applicant’ s UAS do es not carry any pilots or pas sengers nor property. It is believed that the operation and limitations set forth in the FOM will equate to the safe operation of the UAS

. 14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil

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 for maintenan ce and use of safety checklists prior to each flight, an equivalent level of safety will be provided.
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. registered civil airc raft ... (2) 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. The UAS , 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 ca rry 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. 14 C.F.R. § 91.103: Preflight Action. This regulat ion requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight

.

14 C.F.R. §91.109: Flight Instruction. Sect ion 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. UAS and remotely piloted aircraft, by their design do not hav e fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with

the aircraft via radio communications. T he FAA has approved exemptions for flight training without fully

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.11 9: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 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. As this exemption is for a UAS that is a helicopter and the exemption 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 such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre ob tained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken withoutthe permission of the property owner or local officials. Because of t he advance notice to the property

owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the

maximum 55l bs. p roposed herein and the lack o f flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure se paration 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 the se UAS may not have

barometric altimeter s , but instead provide a GPS altitude read out, an U .S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site show n on the GPS altitude indicator before flight.

1 4 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 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 f ly 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 minutes. ” The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks that Sectio n 91.151(a) was intended to alleviate given the size and speed of the small UAS . The applicant believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes or 30 % of 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. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Exce pt 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 well under the proposed 55 l b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents 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

. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “ sh all 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

m aintain the aircraft in compliance with Part 43. Given that these sections 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 p ursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise

, the UAS can land immediately and will be operating from no higher than 3 00 feet AGL. The operator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of anymaintenance perform ed. 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. An equivalent level of safety will be achieved because maintenance and in spections will be performed in

accordance with the UAS ’s m anufacturer's u ser m anual. As provided in the FOM, and a link on last page, the operator will ensure that the UAS is in working order prior to initiating flight and perform required

maintenance need ed.

Additional Information The applicant, Mr. Dustin Pedder, believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's UAS

. The applicant, Dustin Pedder, graciously requests your respective approval of this Section 3 exemption petition.

Thank you again for your time, service, and attention to this exemption request

.

S incerely,

Dustin Pedder , Applicant

DJI Phantom 3 Professional model

– User Manual Link: https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf