December 2, 2015

U.S. Dept. ofTransportation Docket Management Systems 1200 New Jersey, Avenue, SE West Building Ground Floor, Room W 12-140 Washington, DC 20590-0001 **SUBJECT: Petition**  **for Section**  **333 Exemption**  **of the**  **FA A**  **Modernization and**  **Reform Ac** **t of**  **2012** I, Thaddeus B. Kubis, of 99 Main Street in Sheffield, Massachusetts 01257-0342, hereby petition the FAAfor a Section 333 exemption from various sections of49 USC of Federal Aviation Regulations. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012, Public Law 112-95, I request certain exemptions in order to perform aerial photography and videography for real estate purposes using a small unmanned aerial vehicle, the DJI Phantom 3 Standard. Sincerely,

Thaddeus B. Kubis Owner TBK Photography and Creative Visualizations**OVERVIEW**:

I, Thaddeus B. Kubis, of 99 Main Street, Sheffield, Massachusetts 01257-0342, hereby petition the FAAfor a Section 333 exemption from various sections of49 USC of Federal Aviation Regulations. I am the owner ofTBK Photography and Creative Visualizations, a photography and videography company specializing in real estate. TBK Photography and Creative Visualizations has been in business for 25 years, and is committed to responsibly, professionally, and safely operating a small UAV forthe purpose of capturing dynamic, low-altitude video and photographic imagery. TBK Photography and Creative Visualizations is committed to public safety and respecting personal privacy. An example ofthat commitment is our thorough pre and post flight protocols that we closely adhere to on every mission. The Pilot in Charge (PIC) will possess either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license. As a professional photographer and the owner ofTBK Photography and Creative Visualizations, I am extremely sensitive and aware ofthe importance of safety and privacy, especially as it relates to UAVs. I believe safety is the first and overriding priority in regards to operating a UAV. Additionally, the PIC would not operate a UAV in a manner as to invade the privacy of anyone

unaware of ourflight intentions. **GEOGRA PHIC**  **AR EA**  **OF OPERA**  **TION**: Our primary area of operation will be the Northeastern U.S., specifically Eastern NewYork State; Berkshire County, Massachusetts; and Litchfield County, Connecticut. The majority of our missions will take place in rural settings. Each flight will be done with the full permission and under the supervision ofthe land or property owner. Additionally, each flight will be limited to 250-feet AGL, since the purpose of our operations is to capture low and slow video and photographic imagery that is centered on a subject near ground level. When necessary, we will notify and seek approval of airport personnel as required by FAA regulations.

**DJI PH** **AN TOM**  **3 STA** **NDA RD:** The DJI Phantom 3 Standard is a lightweight (2.7 lbs.), battery-operated, four-motor rotorcraft in

the form of a quadcopter that takes off and lands vertically. The DJI Phantom 3 Standard includes the following safetyfeatures:

• An on-board flight computerwith GPS navigation and location ability that receives signals forflight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form offull color, high definition still photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction back to its launch site;

• A 5.8GHz onboard radio transmitterthat transmits live video from the onboard camera plus all the flight data from the telemetry system described above. **GROUND SYSTEM:** 

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in flight;

• A 5.8GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A monitorthat receives live video and flight data from the UAV while in flight.

**PRE -** **FLIGHT CHECKLIST:** 

• When required, notify the appropriate FAAfacility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might compromise the flight, then make ajudgment as to whether to proceed.

• Check the weatherforwind speed, cloud cover and anyforecast changes that might adversely affect flight safety and performance.

• Examine the aircraft looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the home return point is established.• Exercise all controls to confirm theirfunctionality if one ofthe controls is not functioning,

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency

maneuvers due to unanticipated events that require a quick landing. **SA FETY**  **AN D**  **PRIVA CY**  **PROTOCOLS:**

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as well as restricted and prohibited zones.

• Will fly no higherthan 400' and no furtherthan 1000' from the home point, recognizing that the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check ofthe DJI Phantom 3 Standard to determine its physical and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motorfunction, etc.

• Calibrate compass before each flight.

• Neverfly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller af ter analyzing site.

• Use audible alarms of low battery warning from the controller to bring copter back and land well before battery drains.

**EXEMPTION REQUEST:**  I respectfully request exemption from the following regulations with which I cannot fully comply: **14CFR Part**  **21 Ai** **rw orthiness**  **Certification Subpart**  **H** "prescribes the procedural requirements for issuing and changing design approval, production approval, airworthiness certificates and airworthiness approval."**Response:** "The Secretary ofTransportation has determined that this aircraft meets the

conditions of Section 333. Therefore, the FAAfinds that the requested relieffrom 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary." **Part 61**  **(a)(b) Parts,**  **General Operating**  **and Flight**  **Rules** (a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations associated with various ratings. (b) Aeronautical experience means pilot time, flight simulator orflight training device for meeting the appropriate training and flight time requirements for an airman certificate. **Response:** Organized or commercially available FAA-approved flight training has yet to be achieved by the UAV industry. The PIC’s sources oftraining are: the flight instruction manuals from the UAV manufacturer; online videos from the manufacturer as well as videos from users; and most importantly, personal training in a secure location - an open area not subject to traffic and/or uninvolved individuals. Those training flights, which have averaged 20 minutes each, include setup, physical and electronic safety checks; lift offfollowed by hovering at approximately 10 feet to confirm that the GPS system is functioning properly and has registered its Home Point; a prescribed flight plan to familiarize and then masterthe fight controls and camera; returning to the launch point and landing. I then conduct a post-flight inspection for any problems, log the location and flight time and then view the video. There are no FAA certified instructors or FAA certified study guides available at this time as the technology continues to develop. I respectfully request an exemption from this rule. **§91.103 (b)(2)**  **(b)(2)** This section deals the pilot's preparations forflight, in particular runway lengths, takeoff and landing distance information. **Response:** Since a quadcopter, like a helicopter, takes offand lands vertically, a DJI Phantom 3 Standard pilot would not need to know this information since there are no runways involved and the return from flight is the takeoff point. The FA A has determined that "relief is not necessary." **§ 91.105**  **Summary :**  This section deals with flight crew members at stations. **Response:** Since there are no passengers, pilots or crew members, I respectfully request relief from this regulation.
**§ 91.109** **Summary :**  This sections deals with flight instruction, simulated instrument flight and certain

flight tests. **Response:** None ofthese functions are applicable to a quadcopterflight and, as stated earlier, there are no FAA certified instructors or FAA certified study guides available at this time for quadcopter operation. I respectfully request an exemption from this rule. **§ 91.119**  **(a) (b)**  **(c) Summary** **:** This section deals with minimum safe altitude stating that ifthe powerfails anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur without hazard to persons or property (91.119 a). It also sets minimum altitudes over congested areas and uncongested areas as well as has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, vessel, vehicle, or structure (91.119 c). **Response:** None ofthe altitude requirements in this regulation should apply to a UAV since these aircraft are required to fly below those altitudes. Theirweight, speed and GPS-controlled Return to Home feature mitigates incidents that could occurfrom loss of signal between the aircraft and PIC. A manned aircraft is much heavier and larger than a DJI Phantom 3 Standard. If a DJI Phantom 3 Standard were to malfunction, it carries no humans, no explosive fuel and since it flies primarily over a single piece of private property, any damage would likely be minimal and confined to that area. As mentioned, the PIC will possess either an airline transport, commercial, private, recreational, or sport pilot certificate. These licenses will provide the PIC with sufficient skills to safely manage any approach under 500 feet. In addition, access to the property is strictly controlled (warning sign and the clearing of any person on the property not involved in the flight). I respectfully request an exemption from this rule. **§ 91.121**  **Summary :**  This section details altimeter settings required to maintain the “cruising altitude or flight level ofthat aircraft." It requires that the "elevation ofthe departure airport" be set in the altimeter orthe "current reported altimeter setting of a station along the route and within 100 miles ofthe aircraft". **Response:** A UAV cannot complyfully with this section's altitude requirements. The DJI Phantom 3 Standard is equipped with a barometric altimeterwhich automatically calculates the takeoff altitude (0 AGL) when the aircraft is warmed up the launch point becomes the "elevation ofthe departure" point. The altitude ofthe UAV is visible in the control monitor by the PIC before launch and is consistently updated as the flight progresses. I respectfully request an exemption from this rule. **§91.151 Summary** **:** This section deals with fuel requirements forVFR flights stating, among otherthings,

that "no person may begin a flight in an airplane underVFR condition unless...there is enough fuel to fly to the first point ofthe intended landing and, “...fly afterthat for at least 40 minutes (day) and 45 minutes (night)". **Response:** This regulation deals with 'reserve' fuel. This could include any condition that increases flight time orfuel consumption. Weatherwould be one factor including wind, turbulence and the necessity to divert around threatening thunderstorms. Compliance with this regulation is not possible because the 'fuel" onboard the DJI Phantom 3 Standard is not aviation gas but a DC battery with a maximum flight duration of 30 minutes. Fuel management of an UAV requires constant monitoring ofthe battery's state-of-charge and bringing it home before it reaches the manufacturer’s recommended 30-percent level. In our training flights, we've found that a flight of 10-15 minutes to be safe, returning the DJI Phantom 3 Standard to its Home Point around the 40-percent level. I respectfully request an exemption from this rule. **§ 91.405**  **Summary :**  This section deals with aircraft maintenance including regular inspection, the keeping of appropriate maintenance records and replacement of inoperable instruments **Response:** Maintenance on the DJI Phantom 3 Standard is quite straight forward. If, in landing, a rotor blade or two are damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is replaced by a data stream from the DJI Phantom 3 Standard, visible in the control monitor. Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily resolved will go back to the manufacturerfor repair. Currently, there are no required inspections by 'authorized' maintenance personnel and there would be no space/room on board to install a placard of inoperability. I respectfully request an exemption from this rule. **§ 91.407**  **Summary**

**/Response:** This section addresses requirements after maintenance has been performed. Again, approval ofthe maintenance before flight is essentially in the hands ofthe PIC. Whatever maintenance is performed will be entered in the aircraft log, unless a separate maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying passengers or crew members, ifthe flight characteristics have been substantially affected, before a rated pilot performs an operational check ofthe maintenance.Again, this is a PIC's responsibility to preflight the DJI Phantom 3 Standard and determine its

flyability. And, as mentioned earlier, there is no pilot, crew members or passengers on board the DJI Phantom 3 Standard. I respectfully request an exemption from this rule. **§ 91.409**  **Inspections:** This section deals with the necessity of annual and 100-hour inspections or "progressive inspections" and approval by authorized persons which will lead to the "issuance of an airworthiness certificate." **Response:** As stated earlier, there is no FAA approved inspection protocols nor authorized inspection personnel. The PIC handles those issues each time the DJI Phantom 3 Standard is prepared forflight. The pre-flight check list enumerated earlierwill be followed to determine its mechanical and electronic integrity. I respectfully request an exemption from this rule. **§ 91.417**  **Maintenance Records:**  This section requires a maintenance record be kept on repair, replacement and condition ofvital parts (rotors, engines & airframe). Certain records must be retained for one yearwhile other records must be kept with the aircraft even when sold to another part. **Response:** The details ofthis section would be impractical with a DJI Phantom 3 Standard, but repair issues can be entered into the aircraft log. I respectfully request an exemption from this rule.

The above requests for exemptions follow the guidance published by the FAA. **COMMUNITY BENEFIT:**  First and foremost is the level of safety offered by the use of a small UAV in comparison to a manned fixed wing or rotorcraft. Weighing less than three pounds with camera and battery, the DJI Phantom 3 Standard is incapable of causing the level of damage or injury caused by a fullsize, manned aircraft. Additionally, the ecologic and noise impact is negligible as compared to traditional manned aircraft. Economically, small unmanned aerial vehicles are the most costeffective solution for obtaining low and slow video for real estate, making aerial videography more affordable forthe businesses we serve. Respectfully, Thaddeus B. KubisOwner, TBK Photography and Creative Visualizations

**ATTACHMENTS:** DJI Phantom 3 Standard User Manual DJI Phantom 3 Standard Intelligent Flight Battery Safety Guidelines