Jesse W Ballard

1207 South Clinton Ave St. Johns, MI 48879

989

- 640

- 5621

Ballar22@mail.nmc.edu

November 4 th , 2015

U.S. Department of Transportation Docket Operations 1200 New Jersey Ave., SE Washington, DC 20590

Re: Submission of Request for Determination under Section 333 of the FAA Modernization and Reform Act and Exemptions under 14 C.F.R. Section 11.81

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and 14 CFR Part 11,I, a person that owns and operates Small Unmanned Aircraft Systems (UAS),

request s to be exempted from the Federal Aviation Regulations (FAR) as listed below so that they may operate UAS comm ercially in airspace regulated by the FAA

. A s long as such operations are conducted within and under the conditions outlined herein or as maybe established by the Federal Aviation Administration ( FAA ) as required by Section 333.

In order to operate small UAS commercially in airspace regulated by the FAA I seek an exemption

from the FARs as listed below to allow for commercial operation for :

 Agricultural aerial photography and videography

 Photography and videography for real estate

 L and surveying and survey

- grade construction mapping

 M onitoring and videography of golf courses

 A dvertising

 V ideography and photography for law enforcement

 Flight o perati ons over public roads with the Department of Transportation

 Any other applicable infrastructure applications

 O ther flight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft.

Operations will be performed only at the request of and with the authorization and permission of clients or their authorized agents in order to facilitate

, commerce

, and raise awareness of the beneficial uses of small unmanned aircraft. So long as such operations are conducted within andunder the conditions outl ined herein or as may be established by the FAA as required by Section

333.

Aircraft Number One Type & Specifications:

Make: DJI

Model: Phantom 3 Professional Weight: 2.82 Diagonal Size: 23.22 in

Aircraft Number Two Type & Specifications:

Make: D JI Model: Inspire 1 Weight: 6.47

Dimensions : 17

. 24 x 17.75 x 11.85 in

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR part 47 14 CFR part 45, Subpart C 14 CFR § 1.1 14 CFR 45.23 (b) 14 CFR § 61.56 14 CFR § 61.51(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 91.203 (a) and (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) and (b)

Extent of relief I seek, and why

14 CFR Part 21 subpart H

- The UAS carries neither pilot nor passenger and carries no explosive materials or flammable liquids. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I request exception from th is regulation. In a restrictedenvironment and under the conditions proposed, operation will be at least as safe, or safer, than a

conventional aircraft operating with an airworthiness certificate.

14 CFR part 47

- All aircraft operated in accordance wit h this exemption must be identified by serial number, registered with an identification ( N Number ) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable for the designated aircraft.

14 CFR § 1.1.

- U AS operations may not be conducted during night

. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

14 CFR 45.23 (b)

- Due to the size of this UAS it does no t have a cockpit, cabin, or pilot station on which to market certain words or phrases. Lettering would be very difficult to place on such a small aircraft and dimensions would need to be smaller than required minimum. Understanding the importance of letter ing I will mark my UAS with the largest possible letters by placing the word "Experimental" or assigned number or name, based on request/ruling of FAA, on the UAS fuselage

14 CFR § 61.56

- Under this grant exemption, a pilot in command m ust hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate and a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico , a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14 CFR § 61.51(b)

- The operator may not p ermit the pilot in command to operate unless the pilot in command demonstrates the ability to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintainin g appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b).

14 CFR 91.7 (a)

- As there will be no airworthiness certificate for the UAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check list prior to each flight an equivalent level of safety will be followed

.

14 CFR 91.9 (b) (2)

- Given the size and configuration, there is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at a ground control point where the pilot will have immediate access to it.

14 CFR 91.103

- As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. Normal procedures including but not limited to; reviewing weather, flight battery

checks

, and determining landing and takeoff distances requiremen ts

. An equivalent level of safety will be provided by preflight protocol to properly match the aircraft.14 CFR 91.109

- UAS and remotely piloted aircraft do not have fully functional dual controls. Flight

control is achieved through the use of a transmi tter that communicates with the aircraft via radio communications. The equivalent level of safety will be provided because neither a pilot nor passenger will be carried in the aircraft, and by the limited speed and size of the aircraft.

14 CFR 91.113 (a) and (b)

- I can achieve an equivalent level of safety, or safer as achieved by current regulations because my UAS does not carry a pilot nor passenger s

.

14 CFR 91.121

- The UAS may not have a barometric altimeter, but does have a GPS altitude

re ad out. I believe an exemption may be needed. An equivalent level of safety is achieve d by the operator receiving live flight data and monitoring and confirming current altitude along with the

altitude of the launch site as shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b)

- Similar to 14 CFR 91.9 (b) (2) , given the size and configuration, the UAS has no ability to carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately manage such documents. An equivalent level of safety will be achieved by keeping these documents, to the extent they are applicable to the UAS, at the ground control point where pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

- Given these sectio n s only apply to aircraft with an airworthiness certificate, theses sections do not apply. As a safety precaution, operator will perform preflight inspections and ensure the UAS is in working condition before initiating each flight.

Additionally:

I (t he petitioner) am seeking relief from all FARs presented above that effectively prevent me from conducting aerial photography and videography a t levels less than 400ft.

The UAS to be used is a DJI Phantom 3 Professional and a DJI Inspire 1. At 2.82 pounds, and 6.47 pounds the weight of the UAS meets the definition of "small unmanned aircraft" found in section 331 "The Reform Act". The maximum speed of the DJI Phantom 3 Professional is 33.5 mph. The DJI Inspire 1’s maximum sp eed is 49.2 mph. The UAS is battery powered with no combustible fuels onboard. Maximum flight time for this DJI Phantom 3 Professional is 23 minutes, The DJI Inspire 1 is 18 minutes. All flights are to be terminated with 25% battery life remaining. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- publi shed aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a C ertificate of

Authorization issued to the exemption holder.

The DJI Inspire 1 will be upgraded to carryin g a DJI Zenmuse X5 camera as its upgraded payload.All flights will be operated within visual line of sight (VLOS) of a pilot and/or observer, and that the

UAS flights will be limited to a maximum altitude of 400 feet a bove g round l evel

.

Given the size, weight, speed, and limited operating area associated with the aircrafts to be utilized I find this exception request to be reasonable with an equivalent, or greater, level of safety to be reached by the operator.

Public Interest:

A erial imagery is made possible with the use of a UAS

. I t can provide their customers with viewpoints only available from an elevated position. This type of imagery when combined with a marketing strategy

, boosts revenues and stimulates local, regional and national economies. It can also indirectly benefit other businesses in the area by encouraging tourism. Through the use of a UAS, aerial i magery can now be captured much more efficiently and cost effectively than traditional aviation methods saving time, fuel, emissions and improving safety.

Thank you for your consideration,

Jesse Ballard