ADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION
December 1 st ,2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Adam L. Simmons Lukas Media Corp. D/B/A Armswork.com 83 Delafield Place Staten Island, NY 10310 Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Adam L. Simmon s on behalf of Lukas Media Corp, a 501 3 C corporation, hereby petitions the Secretary of Transportation and Federal Aviation Administration for exemption to the above referenced and below more fully described Federal Aviation Regulations ("FARs"), that currently may or may not apply to the recreational/business operations of mode l aircraft including small unmanned aerial systems ("UASs). Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, Petition that I, Adam L. Simmons, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs'') listed below so that I, Adam L. Simmons , may operate small ultra

- lightweight unmanned aircraft system ("UAS") commercially in airspace regulated by the Federal Aviation Administration ( "FAA"). 1 ) As described herein I, Adam L. Simmons, I am an experienced hobby flier, and former Flight Instructor in fixed wing , and single rotor hobby aircraft and have flown small , unmanned aerial systems for hobby and recreational purposes for over 20 years. I also build them. This exemption would permit commercial operation by Adam L. Simmons, who would utilize DJI Phanto m 3 Professional to conduct sUAV flight training, agriculture, education, real estate and property insurance documentation photography, and videography, film and movie production, and demonstration flights to enhance academic community awareness. I am a former full

-time computer administrator for a major telecom company. My job requires the upmost precautions and safety measures that re quires active, continuous education in handling sensitive equipment, data, and laser operation. As an 501 (3) C non

- profit that focuses on the IT needs of underserved educational institutions and other non - profits, the exemption would allow the opportunity to provide community awareness to young people involved with electronics as well as students, veterans and employees of various community focused organizations.ADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION I feel it is important to mention here that the sUAV I am seeking exemption, as of the latest firmware/software build has a safety feature that does not permit flight, either accidently or purposefully into FAA restricted airspace. All of the FAA no fly zones, and safety areas are pre

- programmed into the sUAV, this raises the safety level tremendou sly vs other sUAV’s. The Phantom 3 will not take off the ground if its GPS detects any violation to any FAA boundary, similarly in flight mode it will actively deny flight into such airspace regardless of user input. User manual/safety guide link is attach ed at bottom for more in depth reference to these features. As described more fully below, the requested exemption would permit the operation of UAS under controlled conditions in airspace that is 1) limited; 2) predetermined in areas away from general pu blic, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner and commercial real estate listing/property insurance, documentation videos/photos; and aerial survey’s. 3) controlled as to acces s. The exemption would also provide safety enhancements to the already safe operations within the aerial photography, film and television , aerial survey’s, industry presently using conventional aircraft and small, unmanned and relatively inexpensive UASs t hat does not have such failsafe’s as the Phantom 3. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent accidents. I will operate my UAS within al l safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards or accidents. Obtaining this request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities and authority to not only int egrate UAS's into the national airspace system, but to " ... establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system" under Section 333(c) of the Reform Act specific to the use of UAS's for commercial purposes. Further I will conduct operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below, I respectfully request the grant of an exemption allowing me to operate ultra

- lightweight, remote controlled UAS's for the purpose of providing academic community awareness and education, to benefit and stimulate agriculture and tourism within New York, general aerial photography, and to enhance real estate listing and property insurance videos, aerial survey’s for homeowners and business organizations who cannot afford expensive manned aircraft for the same purpose, all of which will promote local economic growth through increased em ployment and increased tax base. The same would discourage use of an unauthorized and possibly unsafe vehicle which has not been registered with the FAA. **I. Contact Information:** Adam L. Simmons 83 Delafield Place Staten Island, NY 10310 Mobile: (718) 427

-0776 Email: owner@armswo rk.com
II. The specific sections of Title 14 of the Code of Federal Regulations fromADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION
which Adam L. Simmons requests exemption are: 1. 61.23(a) and (c) 2. 61.101(e)(4) and (5) 3. 61.113(a) 4. 61.315(a) 5 . 91.7(a) 6 . 91.119(c) 7 . 91.121 8 . 91.151(a) 9 . 91. 405(a) 10 . 91.407(a)(l) 11 . 91.409(a)(l) and (2) 12 . 91.417(a) and (b) Current exemptions already granted, t hey are similar in all material respects to relief previously requested in Grant of Exemption Nos. FAA
- 2014
- 11062, FAA
- 2014
- 11109, FAA
- 2014
- 11112, a nd FAA
- 2014
- 11213 Ill. The Extent of relief Adam L. Simmons seeks and the reason he seeks such relief: I, Adam L. Simmons, submit this application in accordance with the Reform Act, 112 P.L. 95 § 331
- 334, seeking relief from any currently applicable FARs o perating to prevent me, Adam L. Simmons, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our na tional airspace system as it is in the public's interest to do so. My ultra

- light weight UAS meets the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of my ultra

- lightweight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra

- lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft, thereby providing direct experience and valuable information for formal regulation that can be administered uniformly to all UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of U AVs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in 3 favor of an exemption for me, Adam L
. Simmons. The Phantom 3 Professional UAS utilizes four (4) counter rotating propellers for balance, control and stability. UAS is equipped with GPS and auto return safety technology as well as weighing less than seven (7) pounds (far below the maximum 55 pound limit); including camera with gimbal. IV. Regulations Adam L. Simmons is seeking relief from and reasons: 91.7 (a)

- It is my understanding that since no FAA regulatory standard exists for determining airworthiness of the UAS, the regulation is inap plicable. 91.119( c)

- Operations will need to occur at altitudes under 300 feet and closer than 500 feet to persons or objects.ADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION
91.121
-The system have a barometric altimeter and GPS derived altitude capabilities while the FAA requires any altitude report ed to ATC to be in feet AGL. 91.151(a)

- The system does not have the capabilities to adhere to this regulation. 91.405(a)

- This section doesn't pertain to a UAS. 91.407(a)(1)

-This section doesn't pertain to a UAS. 91.409( a)(l) and (2)

-This section doesn' t pertain to a UAS. 91.417(a) and (b)

- This section doesn't pertain to a UAS. I, Adam L. Simmons if granted a Section 333 exemption would comply the following conditions:
1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents which are quad

- rotor aircraft both weighing less than 7 pounds: Phantom 3 Professional Aircraft Systems (UAS). Proposed operations of any other aircraft will require a new petition or a petition to amend this gran t. 2. The UAS may not be flown at an indicated airspeed exceeding 30 knots. 3. The UAS must be operated at an altitude of no more than 300 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes rep orted to ATC must be in feet AGL. 4. The UAS must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specifi ed on the PIC's FAA issued airman medical certificate. 5. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS c apability. 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 can perform the functions prescribed in the operating documents. 6. The operating documents and this grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between th e conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operati ng documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and rev ised documents if he petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for amendment to its grant of exemption. The FAA's UAS Integration Office (AFS

-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS 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 Ground Control StationADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 9. The pre

-flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 10. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limi t requirements. 11. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft records, including total fligh t hours, description of work accomplished, and the signature of the authorized person returning the UAS to service. 12. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 13. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 14. UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a current third

class medical certificate . The PIC must also meet the flight review requirements specified in L4 CFR 61 ".56 in an aircraft in which the PIC is rated on his or her pilot certificate. 15. Prior to operations conducted for the purpose of sUAS flight training, agriculture, education, aerial survey’s, real estate and property insurance documentation photography, and videography, film and movie production (or similar operations) PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under this grant of exemption to accomplish the required flight time, however, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and exp erience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 16. Prior to operations conducted for the purpose of sUAS flight training, agriculture, education, real estate and property insuranc e documentation photography, and videography, film and movie production (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 5 hours as U AS pilot operat ing the make and model of the U AS to be used in operations under the exemption; 5 hours make and model time may be included in the 10 hours of multi

- rotor time prescribed above. The PIC must accomplish 3 take

-offs and landings in the preceding 90 days (for currency purposes). Training, proficiency, experience

- building, and take

-off and landing currency flights can be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 17. The operator may not permit the PIC to operate the UAS for the purpose of sUAS flight training, agriculture, education, real estate and property insurance , aerial survey’s, documentation photography, and videography, film and movie production (or similar operations), unless the PIC has demonstrated and logged in a manner consi stent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under thisADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 18. UAS operations may not be conducted during night, as defin ed in 14 CFR 1.1. All operations must be conducted under visual meteorological conditions (VMC). 19. The U A may not operate within 5 nautical miles of an airport reference poin t as denoted on a current FAA

- published aeronautical chart. 20. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 21. If the U A loses communi cations or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 22. The PIC must abort the flight in the event of unpredicted obstacles or em ergencies in accordance with the operating documents. 23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land t he UA with 30% battery power remaining. 24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations not under this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more lhan72 hours in advance, but not less than 48 hours prior to the operation. 25. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance w ith 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 26. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 27. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any ti me the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 28. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times. 29. T he UAS may not be operated by the PIC from any moving device or vehicle. 30. The UA may not be operated over congested or densely populated areas. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicle s, and structures unless: a. Barriers or structures are present that sufficiently protct nonparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of suc h vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, VO, operator t rainees or essential persons do not present an undue hazard to those persons per 91.119(a).ADAM L. SIMMONS
- SECTION 333 EXEMPTION PETITION 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permis sion from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the ap plicable COA must be reported to the FAA's UAS Integration Office (AFS

-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site
. I have included the URL links below for the DJI Phantom 3 Professional Safety Guideline that will be used for safe UAS operations to include P re -flight checklists, as well as the user manual and quick start guide. **DJI Phantom 3 Professional** Phantom 3 Professional Quick Start Guide https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en__v1.2.pdf Phantom 3 Professional User Manual https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf Phantom 3 Professional Safety Guidelines http://dl.djicdn.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201509.pdf
If more information or documentation is needed to approve this exemption, please contact me at (718 ) 427

-0776 and I thank you for your consideration. Adam L. Simmons 83 Delafield Place Staten Island, NY 10310 owner@armswork.com