July	6 th

, 2015

Federal	Aviation	Administration

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

RE: Exemption	Request	under Section	333	of	the	FAA	Reform	Act of	the	Federal	Aviation Regulations

Dear	Administrator,

I, Whitney	Hassett,	am	writing	to	petition	for	exemption	from	the	Federal	Aviation Regulations listed	in	accordance	to	Section	333	of	the	FAA	Modernization	and	Reform	Act

of	2012 in	order	to	conduct unmanned	aircraft	system ( UAS ) opera tions	as	described.

The	requested	exemption	would	permit	the applicant to	pursue	professional	services	to private	and	public	entities	within	the	State	of	Oregon	and	adjoini ng	states	for	the	use	of a
UAS for	the	following	purposes:

• Aerial	Photography	and Videography

• Photog r ammetry

Name and	Address of	the Applicant :

Whitney	Hassett 3011	SE	Brooklyn	St.
Portland,	OR	97202 whitneyhassett@gmail.com

970.422.6674

Intended	UAS	Operations

The intended	operation is	to	photogra ph	and	film	natural	and	conserved	lands	for	non

profit,	academic,	and	environmental	organizations .		Prior	to	flying,	detailed	maps	and	GIS

data will	be	obtained,	and	site	walks	will	be	performed. The	UAS	to	be	utilized	is	a	quad

rotor	aircraf t,	the	DJI	Phantom	3	Professional	(see	Appendix	A).	The	DJI	Phantom	3 will only	be	operated	in	safe,	open	environments	with	minimal	obstructions,	away	from	heavily populated	areas,	power	lines,	buildings	and	other	infrastructure.	Operation	will	not	occur

n ear	any	airports.	The	UAS	will	always	be	operated	within	visual	line	of	sight	in	accordance

with	the	statut ory	mandate	under	Section	333 (1).	A	pre

- flight	safety	risk	assessment	will

be	carried	out	in	accordance	with the	user	manual	(see	Appendix	C ). Flig ht	operations	will

be subject	to	strict	operating	protocols	and	conditions	to	ensure	at	least	an	equivalent	level of	safety	is	achieved	as	authorized	operations	using	manned	aircraft.Public	Interest	and	Benefit

T he petitioner is	currently	in	a M.S.	pr ogram	in	Ecology at	Washington	State	University, and

has	worked	with a variety	of	environmental	organizations	in	the	Pacific	Northwest.	The intent	of	the	proposed	services	are	for	enhancing	conservation	projects	throughout	the Northwest	by	providing	film, photography	and	photogrammetry	to various environmental,
academic,	and	non

- profit agencies

. T he	petitioner	will	provide	much

- needed	services	to these	organizations	in	order	to	collect	data	(photogrammetry)	as	well	as	provide	visual media	for	public	outrea ch	and	marketing	campaigns. The	use	of	a n UAS	will	provide	an unobtrusive	way	to	photograph	and	film natural	areas from	a	perspective	not	possible through	manned	aircraft, and at a	much	lower	cost.

Aircraft	Specifications	and Safety	Considerations

The UAS	to	be	utiliz ed	is	a	quad

- rotor	aircraft,	the DJI	Phantom	3	Pro fessional (see Appendix	A). The DJI Phantom	3	is	equipped	with	a	three

- axis	gimbal	and	4K,	12	megapixel

camera. The	aircraf t	weighs	less	than	three	pounds and	is	controlled	via	a	ground transmitter	connected	to	a	tablet	or	smartphone. It	is	an	advanced UAS	with	important safety	features	such	as GPS	lock,	position	hold	stabilization,	and	automatic return	to	home when	the	battery	life	is	low	or	the	GPS	signal is	lost.	The DJI Phantom	3 is	battery

- powered

and	uses	no combustible fuel.

The	ground	station	relays	altitude,	groundspeed,	GPS	location,	and	battery	life	for	both ground transmitter	and	aircraft,	with	visual	and	audible	alerts	for	low	battery,	loss	of GPS signal,	and	communication

. The operating f requency of the ground transmitter is 2.400 GHz

2.483 GHz. T he	UAS	has speed	and altitude	limitations,	restricting	flight	to no	more	than 400	vertical	feet,	a	max	ascent	speed	of	5	meters/second,	and	max	horiz ontal	flight	speed of	16	meters/second. P re

- flight	inspection	and	protocols	will	be	completed	before	every flight according	to	t he	flight	manual	(see	Appendix	C ) ,	and	a	strong	GPS	signal	will	be established	before	taking	flight. Maintenance	and	repair	will be	carried	out	according	to the flight	manual.

The petitioner,	or pilot	in	command	(PIC)

, has become	familiar	with	aerial	film	and photography	over	the	past	two	years,	and	has	accumulated	over 100+	hours	of	flying time using the	DJI	Phantom	UAS’s in	a	variety	of	environments	and	conditions,	and	50	hours	of flight	time specifically with	the	DJI	Phantom	3. The	PIC	would	utilize a	visual	observer	to aid	in	flight planning	and operation,	and	the	UAS	would	be	operated	in	the	visual	line

- of

sight	of	bot h	the	PIC	and	observer.	The	UAS would only	be	operated	by	the	PIC,	and	only within	daylight	hours.

Exemptions	Requested	for	the	following	regulations	of	Title	14:The	requested	exemptions	would	permit	the	operation	of a	DJI	Phantom	3	Professional

UAS to	capture	still	images	and	video.

14 CFR Part 21

14 CFR §21.173

14 CFR §45.23(b)

14 CFR §61.113(a)(b); 61.133(a)

14 CFR §61.113 (a)

14 CFR §61.133

14 CFR §91.7(a)

14 CFR §91.9(b)(2)

14 CFR §91.109(a)

14 CFR §91.119

14 CFR §91.121

14 CFR §91.151(a)

14 CFR §91.401

- 91.417

Extent	of	Requested	Relief

Part 21, Subpart H §21.173 Eligibility. Any registered owner of a U.S.

- registered aircraft (or the agent of the owner) may apply for an

airworthiness certificate for that aircr aft. An application for an airworthiness certificate must be made in a form and manner acceptable to the FAA, and may be submitted to any FAA office.

The DJI Phantom 3 is a compact, light, battery

- powered UAS equipped with flight l imitations and safety features. It will not carry any passenger, pilot, fuel or cargo, and operations will be

within line

- of

- sight of the PIC. Operation of the DJI Phantom 3 will not adversely affect safety compared to manned aircraft that have been issued an airworthiness cert ificate under 14 CFR part 21, Subpart H.

§45.23 (b) Display of marks; general. (b) When 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 p rovisionally 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.

Given the nature and size of the aircraft, no cabin, cockpit or pilot station exists on which labels could be placed . The UAS will be labeled with t he name of the organization, visible to the pilot,observ er, and anyone in the vicinity of the aircraft.

§61.113 (a)(b); 61.133(a) Private pilot privileges and limitations: Pilot in command. §61.113 (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hir e, act as pilot in command of an aircraft in connection with any business or employment if:

*** §61.133 Commercial pilot privileges and limitations. (a) Privileges

— (1) General. A person who holds a commercial pilot certificate may act as pilot

in command of an aircraft

— (i) Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation;

and (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapt er that apply to the operation.

***

Given the UAS size, speed, lack of fuel, and operational capacity (inability to carry passengers, cargo, or travel outside line

- of

- sight), the risks associated are substantially lower than private or commercial pilot operations. The FAA has previously dec ided that an equivalent level of safety for the operation of a UAS can be reached if the operator has a valid driver’s license.

§91.7(a) Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition.

Given the pre

- flight inspection and protocols conducted before flight, an equivalent level of safety could be achieved.

§91.9 (b)(2) Civil aircraft flight manual, marking, and placard requirements. (b) No person may operate a U.S.

- registered civil aircraft

— (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 comb ination thereof.

Given the small size of the DJI Phantom 3, there is insufficient room and capacity to carry a flight manual on the aircraft . A hard copy of the flight manual will be carried with the operator at all times, and a digital copy is available in the application software.

§91.109 (a) Flight instruction; Simulated instrument flight and certain flight tests. (a) 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. However, instrument flight instruction may be given in an airplane that is equippe d with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls,when

— (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls ha s at least a private pilot certificate with appropriate category and class ratings.

*** The DJI Phantom 3 is a remotely operated aircraft that is not equipped with fully functioning

dual controls. Flight control is accomplished by remote control that commu nicates to the aircraft

over radio communications. The controls could be taken over from a pilot in training if needed, and would provide an equivalent level of safety.

§91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landin g, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested are a of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

***

The requirement that the aircraft not b e flown at an altitude of 500 feet above the surface cannot be met, as the maximum altitude of the aircraft is only 400 feet. However, prior to a ny flight, the flight radius, altitude and path will be pre

- determined and communicated to any persons in the

f light area. Operations will only conducted over property or persons when permission has been granted. The small size of the UAS

, low operating speed, methodical pre

- planning prior to flight, and built

- in safety features would provide an equivalent level of safety.

§91.121 Altimeter settings. (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter settin g of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or

***

A ltitude information is generated by the on

- board GPS during flight, and is relayed in back to ground control in real

- time. The DJI Phantom 3 will also be flying within line

- of

- sight of the PIC at low altitude, providing an equivalent level of safety.§91.151 (a) Fuel requirements for flight in VFR conditions. (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 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 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind

and forecast w eather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

An equivalent level of safety is maintained through the limitation of the DJI Phantom 3 b atteries, which only have a life of 20 minutes. All flights will be completed with 20% battery life remaining, and the both “low” and “critical” battery warnings are integrated into the flying application. There is also an automatic return to home when t he ba ttery reaches a critical level or the GPS signal is lost. Additionally, the DJI Phantom 3 does not carry any cargo, passengers or fuel, enhancing its safety.

§ 91.401

- 91.417 Maintenance, Preventative Maintenance, Rebuilding and Alterations

This regulation requires that t he operator is responsible for maintaining the aircraft in an airworthy condition with records of service.

Given the size and nature of the aircraft, maintenance of the DJI Phantom 3 will be followed as indicated in the user man ual (see Appendix C ). If advanced maintenance or repairs are required,

the DJI Phantom 3 will be sent to the manufacturer (DJI) for completion. The PIC will not operate the DJI Phantom 3 if any compon ent is not functioning properly, and will maintain

deta iled records of service.

Thank	you	for	you	consideration	and	please	contact	me	with	any	questions.

Sincerely,

Whitney	Hassett
Portland,	OR whitneyhassett@gmail.com

970.422.6674Appendix	A Aircraft:	DJI	Phantom	3	ProfessionalAppendix	B Summary for	Federal	Register	Publication

Petitioner: Whitney	Hassett 3011	SE	Brooklyn	St. whitneyhassett@gmail.com

Exemptions	Requested	for	the	following	regulations	of	Title 14:

14 CFR Part 21

14 CFR §21.173

14 CFR §45.23(b)

14 CFR §61.113(a)(b); 61.133(a)

14 CFR §61.113 (a)

14 CFR §61.133

14 CFR §91.7(a)

14 CFR §91.9(b)(2)

14 CFR §91.109(a)

14 CFR §91.119

14 CFR §91.121

14 CFR §91.151(a)

14 CFR §91.401

- 91.417

The petitioner seeks relief from the above requirements to perform aerial photography, film, and photogrammetry services to organizations in Oregon and surrounding states. Operations will primarily be carried out over open lands, away from urban infrastructure, airports, and congested areas. The aircraft will not be flown higher than 400 feet, and always within line

- of

- sight of the pilot in command and observer during dayl ight hours. Strict pre

- flight	inspections	and protocols	will	b e	completed	before	every	flight in order to achieve an equivalent level of safety to authorized	operations.Appendix C DJI	Phantom	3	Professional	User	Manual (see	attached)