Mark Burnette

5687 Davis Cir. Rohnert Park, Ca. 94928 markburnette@yahoo.com

707

- 696

- 2474

January 1 8, 2016

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

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Mark Burnette seeks an exemption from the Feder al Aviation Regulations listed belo w. Mark Burnette seeks exemption fr om the listed FARs to allow use of the DJ I Inspire 1 or DJI Phantom 3 in

c ommercial aerial videography, including but not limited to, aerial phot ography and/or video for public and/or priv ate use including real estate, architecture, land surveying, engineering and other related professional activities. Aerial video and/or photography for publ ic and/or private use including television, cinematography and newsgathering. Aerial inspection /photography of residential/commercial structures under contract with the owners or local government authority. Aerial video/photography or providing live video feed to assist wi th search and rescue operations in cases of an emergency or natural disaster o nly when the loca l authorities or government has requested it by contract or donation. The ability to offer training by Mr. Burnette, who is a Certified Flight Instructor, to persons individually or belonging to both private and/or public organizations th at have interests in the use and application of sU AS for the purpose of the safe operation of sUAS will enhance the safety of the National Airspace S ystem (NAS) as well as for the protection of the persons and property.

T he requested exemption would perm it the ope ration of sUAS under controlled conditions in the NAS that would be a) limited

, b) controlled

, c) predetermined

, and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Mr. Bur nette will operate in conformity with the separately filed flight operations and aircraf t flight manuals.

Operations under the exemption will be subject to strict operat ing requirements and conditions to ensure at least an equivalent level of safety to cu rrently aut horized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

The requested exemption would authorize commercial operations using t he DJI Inspire 1 or DJI Phantom 3, which with a maximu m take

- off weight of 6.4 pounds is small in s ize. The sUAS will be operated under controlled conditions at low altitude in airspace that is limited i n scope; it will have automated control features. The sUAS will be operated by Mark Burnette who holds a Commercial Pilots L icense for single and multi

- engine aircraft, Certified Instrument Flight Instruc tors rating, an Advanced Ground Instructors rating, Third Class Medical and a U.S. state issued driver's l icense. Mr. Burnette currently operates a sUAS under a corporate Section 333 exemption

, and is well versed in performing sUAS operations under the FAA’s exemption.REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 2 Mr. Burnette has accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), more than 10
hours of total time as a s UAS pilot a nd more than 5 hours logged as a n s UAS pilot with a similar s UAS
type. Mr. Burnette also has an excellent working r elationship with the Oakland, CA . Flight Standards District Office (FSDO) and San Francisco International Airport Air Traffic Control Tower ( KSFO ATCT).

Mr. Burnette hereby requests a blanket COA for flights up to 200 feet above ground level in the form

app roved by the FAA. Mr. Burnette acknowledges that under current FAA guidance, a separate Certificate of Waiver or Authorization ("COA") is required to fly at altitudes above 200 feet above ground level, and will apply for COAs when required. Mr. Burnette w ill also file Notices to Airmen (NOTAM) and Plans of Activity (POA) for flights, as required.

Mr. Burnette respec tfully submits that b ecause these small, unmanned aerial vehicle the DJI Inspire 1
and DJI Phantom 3

, will be used in lieu of comparatively hazardous oper ations now conducted with fixed wing and rotary conventional aircraft, the FAA can have conf idence that the operations will achieve at least an equivalent level or greater level of safety. A pproval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "est a blish requirements for the safe oper ation of such aircraft systems in the national airspace system ."

The name and address of the applicant are:
Mark Burnette
5687 Davis Circle Rohnert Park, CA 94928

The regulations from which the exempt ion is requested are as follows:

14 CFR Part 21 subpart H

14 CFR 45.23 (b) 14 CFR 91.7 (a)

14 CFR 91.9

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) & (b)

The g rant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Fe deral Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operat ions; and the significant public benefi t, including enhanced safety and cost savings associ ated with transitioning to UASs for aerial videography
and aerial data collection. The DJI Inspire 1 specified in this request is the same craft as the ones already approved in Exemptions 11458 and 11463. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 3 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Operations authorized by this grant of exemption are limited to the DJI Inspire 1 and DJI Phantom 3 which weigh less than 55 pounds

, including payload.

The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the U AS be operated at airspeeds greater than the maximum UAS operat ing airspeed recommended by the aircraft manufacturer, which in this case is 43 knots (49 miles per hour).

The UAS must be operated at an altitude of no more than 400 fe et above ground level (AGL). Altitude must be reported in feet AGL.

The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on t he
PIC's FAA

- issued airman medical certificate or U.S. driver's license.

All operations must utilize a visual observer (VO). The UAS must be operated within the visual line of sight (VLOS) of Mr. Burnette and VO at all times. The VO may be used to satis fy the VLOS requirement as long as the PIC always ma intains VLOS capability. The VO and PIC must be able to communicate verbally
at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO has been briefed can perform the duties required of the VO.

The exemption and all documents needed to operate the UAS and conduct its operations in accordance
with the conditions and limi tations stated in the grant of exemption are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made
available to the Ad ministrator upon request

.

Any s UAS that has undergone maintenance or alterations that affect the UAS operation or flight
ch aracteristics, must undergo a functional test flight prior to conducting further operations under this exemptio n. The operator is responsible for maintaining and inspecting th e UAS to ensure that it is in a condition for safe operation.

Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is i n a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS

is found to be in a condition for safe flight.

The operator must foll ow the UAS manufacturer's main tenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

Under this grant of e xemption, a PIC must hold a n FAA issued pilot certif icate. The PIC must also hold a

current F AA airman medical certificate and a valid U.S. driver's license

. Th e PIC must also meet the flightREQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 4 review re quirements specified in 14 CFR 61.56 in an aircraf t in which the PIC is rated on his or her pilot
certificate.

The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption,

i ncluding evasive and emer gency maneuvers and maintaining appr opriate distances from persons, vessels, vehicles, an d structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR 61.51 (b). Flights for the purpose s of train ing the operator's PICs and VOs (training, proficiency, and experience

- building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemptio n are permitted
under the ter ms of this exemption. However, training operations may only be conducted during dedicated training sessions. Du ring training, proficiency, and experience

- bu ilding flights, all persons not essential for flight operations are considered nonparticipants and t he PIC must operate the UA with appropriate distance from nonparticipants in accordance wit h 14 CFR 91 .119.

UAS operations may not be conducted duri ng night, as defined in 14 CFR 1.1. All operations must be conducted under visual meteorological conditio ns (VMC ). Flights under spe cial visual flight rules (SVFR)

are not authorized.

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 denot ed on the current FAA

- published aeronautical char t, unless a letter of agreement

wi th that airport's management is obtained or otherwise permitted b y a COA issued to the exemption
holder. The letter of agreement with the airport management must be made available to the

A dministrator or any law enf orcement official upon request.

The UAS may not be operated less than 500 fee t below or less than 2,000 feet horizontally from a cloud or when visibility is le ss tha n 3 statute miles from the PIC.

If the UAS loses communications or loses its GPS signal, the sUAS will hav e the capability to return to a

pre

- determined location within a designated location

, and land autonomously.

The PIC must abort the flight in the event of unpred icted obstacles or emergencies.

The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the s UA S to conduct the intended operation and to operate after
that for at least five minutes or operate with the reserve power recommended by the manufacturer if
greater.

All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR p art 47, and hav e identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practical

.

Documents used by the operator to ensure the safe operation and flight of the UAS and any do cuments required under 14 CFR 91.9 and 9 1.203

, must be available to the PIC

.

The UAS must remain clear and give way to all manned aviation operations and activities at all times.REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 5 All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, an d structures unless:

A. Barrie rs or structures are present and sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensur e that nonparticipating persons remain under such pr otection. If a situation arises during which nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must ce ase immediately in a manner ensuring the safety of nonparticipating persons; and,

B . The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those object s and the PIC has made a safety assessment of the risk of operating closer to those obje cts and determined that it does not present an undue hazard. The PIC, VO, operator trainees

, or essential persons are not considered nonparticipating persons under this exemption.

All operations shall be conducted over private or controlled

- access property with permission from the property owner/con troller or author ized representative. Permission fr om property owner/controller or authorized representative will be obtained for each flight to be conducted.

Any incident, accident, or flight operation that trans gresses the lateral or vertical bou ndarie s of the operational area must be reported to the FAA's UAS Integration O ffice (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NT SB) per instructions
contained on the NTSB Web site: www.ntsb.gov.

EXEMPTIO N REQUEST AND EQUIVALENT LEVEL OF SAFETY

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance
of airworthiness certificates as required by FAR 91.203 (a ) (1).

Given the size and limited operating area associated with the UAS to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equiva lent level of safety under Part
11 and Section 33 3 of the FMRA. The Federal Aviation Act (49 U.S.C.44 701 (f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement fo r 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 d emonstrates that the UAS operated without an airworthiness certificate, in the restr icted environment and under the conditions proposed will be at least as safe, or safer, than a conve ntional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restri ctions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive materials or flammable liqu id fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, opera tions under this exemption will be tightly controlled and monitored by the Operator and will also rem ain within the requirements of, and in compliance with, local public safety requirements. These saf ety enhancements, which alre ady apply to civil aircraft provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H.REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 6 Lastly, application of these same criteria dem onstrates that there is no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack of explosive
materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR 45.23 (b). Marking of the Aircraft

.

The regulation requires; when marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport categ ory aircraft or experimental or provisionally certifica ted 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 n or more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "p rovisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exem ption may be needed as the sUAS 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 will be impossible.

14 CFR 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 airwo rthiness certificate issued for the aircraft, shoul d this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained herein for the use of safety check lists prio r to each flight, an equivalent level of safety will be provided.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft un less a current, approved flight manual

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requiremen t since the aircraft is t oo small to carry document ation, the documentation would not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 9 1.9, we propose that a current, approved UAS Flight Manual must be avai lable to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.119(c): Minimum Safe Altitudes.

Section 91 .119 establishes safe altitudes for operation of civil air craft. Specifically, 91 .119(c) limits aircraft flying over areas other than con gested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. I n those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the sU AS will never operate at hig her than 400 feet AGL. It will, however, be operated to avoid congested or populated areas. Because aerial videography work must beREQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 7 accomplished at relatively low altitudes and at altit udes less than 500 feet AGL, an exemption from Section 91 .119(c) is needed.

The equivalent level of safety will be achieved given the size, w eight, speed, and material with which the DJI Inspire 1 and DJI Phantom 3 is built. Also, no flight will be take n without the permission of the landowner or those who control the land as well as the permission of local officials, if required. Because of advance notice to the landowner, all affected individuals will be aware of the flights.

Compared to commercial operations, such as aerial videog r aphy or aerial data collection, conducted with aircraft or rotorcraft weighing far more than seven pounds. an d carrying flammable fuel, any risk associated with these operations will be fa r less than the risks currently posed by conventional aircraft

oper ating at or below 500 fee t AGL. Indeed, the low

- altitude oper ations of the UAS will maintain separation betwee n these sUAS operations and the operations of conventional aircraft that must comply with Section 91 .119.

14 CFR 91.121 Altimeter Settings.

Thi s regulation requires each person operating an aircraft to maintain cr uising altitude by reference to
an altimeter that is set “...to the elevation of the departure airport or a n appropriate altimeter setting
available before departure.” As the sUAS may no t have an adjustable baro metric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent leve l of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitor ing, confirming the al titude of
the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

.

This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (c onsidering wind and forecast weather conditio ns) 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."

The batteries powering the DJI Inspire 1 and DJI Phantom 3 provide approxima tely 18 minutes of powered flight. Without an exemption from 14 C.F.R. 91 .151, the UAS's flights would not be possible. Given the limitations on its proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable.

Mr. Burnette believes th at an exemption from 14 C.F.R. 9 1.151(a) is safe and within the scope of prior exemptions. See Exemption 11213. Operating the small UAS without 30 m inutes of reserve fuel does not engender the type of ri sks that Section 91.151 (a) was meant to prev ent given the size and speed at which the UAS ope rates. The fact tha t it carries no pilot, passenger, or car go also enhances its safety. In
the unli kely event that the DJI Inspire 1 or DJI Phantom 3 achieves a low battery state, it would simply
return to home and land.

Mr. Burnette believes that an equivalent level of s afety can be achieved by maintaining five minutes of reserve fuel, which, allowing 13 minutes of flight time, would be more tha n adequate to return the UAS to its planned landing zone from anywhere in its operating area.REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016
Mark Burnette

Page | 8 14 C.F.R. 91.405(a); 407(a)(1); 4 09(a)(2); 417(a) & (b): Maintenance Inspections

.

Section 91.405(a) requires that an aircraft operator or owner "shall have t hat aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in

parag raph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter

.... “

Section 91.407 similarly makes reference to requirements in Part 43; S ection 91.409(a)(2) requires an annual inspection for t he issuance of an airworthiness certificate. Section 91.417(a) requires the owner
or operator to keep records showing certain maintenance wor k that has been accomplished by
certificat ed mechanics, under Part 43, or licensed pilots and records of appr oval of the aircraft for return

to se rvice.

Maintenance of the D JI Inspire 1 or DJI Phantom 3 will be accomplished by the owner/op erator pursuant to the manuals separately filed as confidential exhibits. An equivalent l evel of safety will be achieved because the UAS is small in size, will c arry a small payload, will operate only in restricted predetermined areas, and is not a complex mechanical device. The operator will en sure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any ma intenance that is performed; moreover, the operator is the person most familiar with the aircr aft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact me at any time if you require additional information or clarification. I am the point of contact for this request and look for ward to working with your office.

Sincerely,

Mark Burnette markburnette@yahoo.com

707

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