### Stephen L. Blenkhorn , ·' 36 Sunset Vista Road P.O. Box 53 Edgecomb, ME 04556 Mobile 310-309-2425 email-lapilot@yahoo.com Re: Docket No. FAA-2015-5327

U.S. Department ofTransportation Docket Management Group 1200 New JerseyAve., SE Washington, DC 20590 February 9, 2016

Re: Exemption Request Pursuantto Section 333 ofthe FAAReformAct and Part 11 of the FederalAviation Regulations from: 14 CFR21 subpart H; 14 CFR45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR91.405 (a); 14 CFR91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR 91.417(a) and (b)

Dear Sir orMadam:

Pursuant to Section 3 3 3 ofthe FAAModernization and Reform Act of2012 (the "ReformAct") and 14 CFRPart 11, Stephen L. Blenkhorn, operator ofSmall UnmannedAircraft Systems (sUAS) seeks an exemption from the listed FederalAviation Regulations ("F ARs") to allow commercial operation ofits sUAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established bythe FAA as required by Section 333.

SUMMARY Stephen L. Blenkhorn, seeks exemptions from Title 14, Code ofFederal Regulations§§ 61.113 (a) and (b),91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(1),91.409 (a) (1) and (2),91.417 (a) and (b) to operate a DJI PHANTOM 3 Professional quadcopter sUAS for the purpose ofconducting aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and otherrelated professional activities.

### INTRODUCTION TO PETITIONER Stephen L. Blenkhorn specializes in capturing and producing high quality videographic and photographic images for clients. 

### Stephen L. Blenkhorn seeks an exemption to use
a DJI Phantom 3 Professional quadcopter to commercially capture video and photographic images while working onprivate/public property with owner and/or agent consent. 

### Stephen L. Blenkhorn will utilize a Visual Observer (V.O.) while maintaining Visual Line ofSight (V.l.O.S.) between the quadcopter and the UAV operator. The areas where 

### Stephen L. Blenkhorn conducts aerial photography is predetermined which allows for a controlled environment to operate safely.



### BASIS FORPETITION Stephen L. Blenkhorn pursuant to the provisions ofthe FederalAviation Regulations (14 C.F.R. §11.61) and the FAAModernization and ReformAct of2012,Section 333,Special Rules for Certain Unmanned Aircraft Systems, hereby petitions theAdministratorto operate the DJI PHANTOM 3 Professional sUAS within the National Airspace System, and for an exemption from the requirements of 14 C.F.R.§§ 61.113 (a) and (b), 91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(l), 91.409 (a)(l) and (2), 91.417 (a) and (b).



### Name andAddress ofThe Petitioner 

### Stephen L. Blenkhorn 36 Sunset Vista Road P.O. Box 53 Edgecomb, ME 04556 Mobile 310-309-2425 email-lapilot@yahoo.com

Commercial operation ofthe UAS, which is equipped with cameras and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 3. Aerial inspection/photography ofresidential/commercial structures under contract with the owners or local government authority.4. Aerial video/photography or video including live video feed to assist with search and rescue operations in cases ofan emergency or natural disaster. 5. Offer training to persons orprivate/public organizations that have interests in the use and application ofsUAS for the purpose ofenhancing the safety ofthe National

, Airspace System (NAS)

The DJI PHANTOM 3 Professional The DJI Phantom 3 Professional is a quad-rotor Small UnmannedAircraft System (sUAS) weighing less than 3 pounds. The Pilot in Command (PIC) controls the sUAS with a handheld multi function remote control in conjunction with a live video feed from the sUAS mounted High Definition camera viewed on a smartphone ortablet computer. The PIC is also 

### in constant visual Line OfSight contact withthe sUAS. The DJI Phantom 3 Professional can maintain its positioning in 3D space and report via

a map onthe live feed screen by utilizing a minimum of6 GPS satellites and normally

uses up to 16 different GPS satellites for its positioning. It also features a safety 'Return
to Home' function. Inthe event ofa signal loss from the remote controller, the sUAS will return to a preset position and land. The Return to Home feature can also be invoked manually bythe PIC.

The Phantom 3 Professional can fly at approximately 26kts. Stephen L. Blenkhorn rarely will have the needto operate at a speed greaterthan 1Okts. The Phantom 3 Professional is powered by a lithium polymer battery. This battery gives the Phantom 3 Professional approximately 18 minutes offlight time with its attached payload ofa 12 mega pixel camera. Itwill be operated in line ofsight within a predetermined area as requested bythe property representative.

As described fully below, the requested exemption would permit the operation ofa sUAS under controlled conditions in the NAS that would be limited and predetermined, and will provide safety enhancements to the present aerial imaging market that currently use conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAAAdministrator's) responsibilities to"

....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system."Attachments: These attachments are too large for submission via the submission portal. They are available atthis website for viewing or download. http://www.dji.com/product/phantom-3-pro/info 1) Phantom 3 Professional UserManual 2) Phantom 3 Professional Quick Start Guide 3) Phantom 3 Safety Guidelines and Disclaimer

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations allows for a higher level ofsafety ofthe persons and/orproperty than by using conventional aircraft. The applicant agrees to the limitations and conditions when conducting commercial operations under the FAA issued exemption
as set forth in the Flight Operations Manual (FOM)

1. The sUAS will weigh less than 3 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observer. 3. Maximum flight time for each operational flight will be up to 18 minutes. Flights will be terminated at 25% battery powerreserve. 4. Flights will be operated at an altitude ofno more than 400 feet Above Ground Level (AGL) 5. Minimum crew for each operation will consist ofthe sUAS Pilot In Command (PIC,) and Visual Observer (VO.) 6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a valid state driver's license and have requisite experience and ample practice flight time operating the sUAS as well as demonstrated piloting skills and strict adherence to safety policies. 7. A briefing will be performed regarding the planned sUAS operations priorto each flight for the production activities. 8. The operator will obtain verbal/written consent ofall persons involved with the planned operation. 9. The PIC and VO will be able to communicate by voice and/or radio/cellphone at all times. 10. Written and/or verbal permission and permits will be obtained from territorial, state, county or cityjurisdictions, including law enforcement, fire orother appropriate governmental agencies as needs arise. 11. Ifthe sUAS loses communications or loses GPS signal, the sUAS will have the capability to return to a pre-determined safe location and land autonomously. 12. Consistent pre-flight safety and operational checks will precede each flight. 13. Regular sUAS maintenance and airworthiness checks to be performed.14. No flight operations within 5 miles ofan airport without first notifying the airport control tower.

Regulations from which the exemption is requested:

14 CFRPart 21 subpart H 14 CFR45.23 (b) 14 CFR 61.113 (a) and (b) 14 CFR91.7 (a) 14 CFR91.9 (b) (2) 14 CFR91.103 14 CFR91.109 14 CFR91.119 (c) 14 CFR91.121 14 CFR91.151 (a) 14 CFR91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR91.407 (a) 

### (1) 14 CFR91.409 (a) (2) 14 CFR91.417 (a) & (b)

Given the small size ofthe sUAS and the controlled environment, the proposed operations will adhere to the ReformAct's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including butnot limited to reduced greenhouse gas emissions and noise, the grant ofthe requested exemption is inthe public interest. Accordingly the applicantrequests thatthe FAAgrantthe requested exemption with minimum delay.

14 C.F.R Part 21, Subpart H: Airworthiness Certificates 14 C.P.R. §91.203 (a) (1) SubpartH, entitledAirworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) 

### (1). Given the size and limited operating area associated with the aircraft to be utilized bytheApplicant, an exemption from Part 21 SubpartH meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe ReformAct. The FederalAviationAct (49 U.S.C.§44701 

### (f)) and Section 333 ofthe ReformAct both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates thatthe sUAS operated without an airworthi-ness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot norpassenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption 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 ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese
same criteria demonstrates that there is no credible threat to national securityposed by the sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking ofthe 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 category aircraft orexperimental orprovisionally certificated aircraft, the operator must also display

onthat aircraft near each entrance to the cabin, cockpit, orpilot 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 sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit orpilot station

on which the word "Experimental" can be placed. Given the size ofthe sUAS, two-inch lettering will be impossible.

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation orhire. A pilot's license will not ensure remote control sUAS piloting skills. Our sUAS does not carry pilots orpassengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a).

14 C.F.R. §91.7(a): Civil AircraftAirworthiness.The regulationrequires that no person may operate a civil aircraft unless itis in airworthy condition. As there will beno airworthiness certificate issued for the aircraft, shouldthis exemption be granted, no FAAregulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety check lists priorto each flight an equivalent level ofsafety will be provided.

14 C.F.R. § 91.9 (b) (2): CivilAircraftFlight Manual intheAircraft. Section 91.9 

### (b) (2) provides: Noperson may operate a U.S.-registered civil aircraft

... (2) Forwhich anAirplane orRotorcraft Flight Manual is notrequired by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane orRotorcraftFlight Manual, approved manual material, markings, and placards, or any combinationthereof. The sUAS, given its size and configuration has no ability orplace to carry such a flight manual onthe aircraft, not onlybecause there is no pilot onboard, butbecause there is no room orcapacity to carry such an item onthe aircraft. The equivalent level ofsafety will be maintained bykeeping the flight manual atthe ground control pointwhere the pilot flying the sUAS will have immediate access to it.

14 C.F.R § 91.103: PreflightAction. This regulationrequires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will notbeprovided for the aircraft, an exemption will be needed. The PIC will follow preflight actions including reviewing weather, sUAS airworthiness and inspection checks, multiple satellite GPS signal locks, landing and takeoffdistances, flight plan, and aircraft performance calibration data before initiation ofeach flight.

14 C.F.R §91.109: Flight Instruction. Section 91.103 provides thatno personmay operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The DJI Phantom 3 Profession sUAS is a remotelypiloted aircraft andby its design does nothave dual controls. Flight control is accomplished through the use ofa single handheld remote controllerthat communicates withthe aircraft viaradio communications.

14 C.F.R. §91.119: Minimum SafeAltitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, providedthe person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a sUAS that is a helicopter andthe exemption requests authority to operate at altitudesup to 400AGL, ornotmore than 200 above an elevatedplatform from which filming is planned, an exemption maybe needed to allow such operations. As set forth herein, the sUAS will never operate athigher than 400AGL with the exceptionthat in circumstances where the sUAS is used to survey orphotograph a structure whose height exceeds 400 feetAGL, the sUAS will notbe operated more than 100' above the highest point on the structure nor greater than 200' away. Itwill however be operated in arestricted area where buildings and people will not be exposedto operations without theirpre-obtained consent.

The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will betaken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner andparticipants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraft weighting far more thanthe maximum 55lbs. proposed herein andthe lack offlammable fuel, any risk associated with these operations is far less thanthose presently presented with conventional aircraft operating at orbelow 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these sUAS operations an4the operations ofconventional aircraft thatmust comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulationrequires each person operating an aircraft to maintain cruising altitude byreference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may nothave a barometric altimeter, but instead a GPS altitude read out, an exemption maybe needed. 

### An equivalent level ofsafety will be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight inVFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the frrst point ofintended landing, and, assuming normal cruising speed- 

### (1) Duringthe day, to fly after that for at least 30 minutes; or (2)Atnight, to fly after that for at least 45 minutes." The battery powering the sUAS provides approximately 18 minutes ofpowered flight. Given the limitations onthe sUAS'sproposed flight area and the location ofits proposed operations within

a predetermined area, teh applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. Operating the small UAS, in a tightly controlled area where onlypeople and property owners orofficial representatives who havesigned waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety

can be achieved by limiting flights to 18 minutes or 25% ofbattery power- whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited LOS operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides inpertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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 sUAS fully loaded weighs no more than 3 lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.

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 "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter

...," and others shall inspect ormaintain the aircraft in compliance with Part 43.

Given thatthese section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe operatorpursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working orderprior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiarwiththe aircraft and best suited to maintain the aircraft in an airworthy conditionto provide the equivalent level ofsafety.

An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance withthe sUAS Manufacturer's Manual, as referenced in theAircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure thatthe sUAS is in working orderprior to initiating flight andperform required maintenance needed.

REASONS WHYGRANTING THE EXEMPTION WOULD BE INTHE PUBLIC INTEREST
Stephen L. Blenkhorn is seeking relieffrom any applicable FARs that may prevent Stephen L. Blenkhorn from conducting aerial photography ofreal estate and other legal flight operations. The weight ofthe sUAS meets the defmition of"small unmanned aircraft" found in section 331 "The ReformAct". Stephen L. Blenkhorn seeks to operate legally as a small business that catermostlyto real estate agents. Realtors are not permittedto use sUAS's orhire operators unless they orthe person they hire, is permitted bythe FAAto fly a sUAS. Stephen L. Blenkhorn would satisfy the need for safe and affordable aerial video and still photography.

Aerial photography lends a unique perspective to the viewer. The angles ofcapture show areas that are not able to be seen by an earthboundphotographer. This type ofphotography has beenused for sometime byreal estate agencies and construction firms. Unfortunately though, itis often costprohibitive for small business. The expensive fees demandedbytraditional aerial photography companies has often given large fmns an advantage. With a Grant ofExemption from theAdministrator, Stephen L. Blenkhorn

can be ofimmense benefitto small business byproviding affordable aerial photography.

Aerial photographybyStephen L. Blenkhorn would assistthe public by allowing them to form a newgeospatial perspective and academic understanding ofthe area surroundingthe subject oftheirinterests and could have a positive effect upon the economy as businesses and agricultural firms take advantage ofthe newperspectives afforded to them.

Therisk associated with sUAS aerial photography is less thantherisk associated with traditional aerial photography. The sUAS that Stephen L. Blenkhorn incorporates weighs less than 3 lbs. This sUAS is also powered by a single battery. The amount of damage that may occur inthe event ofan incident or accident is substantially less than that which may occur inthe event ofan incident or accident involvingtraditional air-craft and aerial photography. Traditional aerial real estate photographers rely upon full size aircraft operating at low altitudes while carrying combustible fuel. Responsible sUAS operations are inherently 

### in the public's interest due to lower cost and increased safety they afford.



### Additional Information

The applicant, 

### Stephen L. Blenkhorn, is an 

### FAA Commercial Multi-Engine InstrumentRated Flight Instructor since 1991, FAA Commercial Certificate# 2740889CFI and is also an

### Advanced Ground Instructorhaving primarily taught and flown in the Los angeles area for over 25 years.

I not only teach 

### NationalAirspace System rules and regulations to those who will eventaully receive their Private Pilot's License or other more advanced ratings but I am also one ofthe strongestproponents ofsafety and practices in the aviation teaching field, I believe the satisfaction ofcriteriaprovided in Section 333 ofthe ReformAct of2012 provide more than adequatejustification for the grant ofthe requested exemptions allowing the commercial operation ofthe applicant's sUAS. (I have also been a Remote Control (RC) pilot for many years.)


### Stephen L. Blenkhorn respectfully requests that the FAA grant this exemption request.



### 36 Sunset Vista Road P.O. Box 53 Edgecomb, ME 04556 Mobile 310-309-2425 email -lapilot@yahoo.com