1 PETITION FOR SECTION 333 EXEMPTIO N – THOMAS CARRERO JR., ESQUIRE

March 1, 2016

U.S. Department of Transportation Docket Operations 800 Independence Ave. S.W. Washington, DC 20591

Re: Petition of Thomas Carrero Jr., Esquire for Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Thomas Carrero Jr., Esquire (individual) hereby applies for an exemption from the Federal Aviation Regulations (“FARs ”) identified below, to allow civil operation of small unmanned aerial systems (“sUAS” or “UAS”) as part of daily business operations.

Description of Petitioner: Thomas Carrero Jr., Esquire provides legal and real estate services to clients that often require photographs. In recent months c lients have requested aerial photographs that would require hiring an outsider to provide services rela ted to taking said photographs. These photos are often utilized for marketing and/or litigation purposes. • Thom as Carrero Jr., Esquire is an attorney licensed in Florida, Pennsylvania and New Jersey and is a licen sed Florida Realtor and Real Estate Agent • Thomas Carrero Jr., Esquire is properly licensed in the Stat e of Florida to provide said services. • Thomas Carrero Jr., Esquire holds the following licenses/certificati ons; Attorney, Realtor and Real Estate Agent.

In accordance with 14 C.F.R. § 11.81(a), Thomas Carr ero Jr., Esquire provides the following information in support of its Petition for Exemption:

Name and Address for Petitioner: Thomas Carrero Jr., Esquire, 1225 Ta miami Trail, A10, Port Charlotte, FL 33953; 941-624-4529; tcarrerojr@carrerolaw.com

Point of contact for this Petition and specific cont act information is as follows: T Thomas Carrero Jr., Esquire, 1225 Tamiami Trail, A10, Port Charlotte , FL 33953; 941-624-4529; tcarrerojr@carrerolaw.com

Description of Proposed Operation : Thomas Carrero Jr., Esquire proposes to conduct the operation of a UAS, specifically the DJI Phantom 3 Standard (hereina fter " Phantom 3"), within the parameters of providing aerial photographs of single family residences and/or large acreage parcels of land... The Pilot in Command (“PIC”) for each operation will, at a mi nimum, be Thomas Carrero Jr., Esquire. Thomas Carrero Jr., Esquire has adopted and incorporated ma ny of the AMA’s UAS Safety Code (the “Code”) and Operating Guide’s (the “Guide”) procedures into its own safety code and guide, which sets forth the mandatory standard operating procedures for its proposed UAS operations as detailed herein. The exception would be the location of operations that will take place at private residences with the

authorization of the owner and not on property leased or owned by th e AMA. These procedures provide a

baseline to ensure that the Ph antom 3 pilot possess sufficient knowledge of both airspace and the technology to operate safely in the National Ai rspace System (“NAS”). Any other assistant or photographer will operate with Thomas Carrero Jr., Es quire as the PIC in each operation and will meet the standards specified in the Gu ide, as well as any other additional requirement the FAA requires under this application.2 Proposed UAS Operations Meet the Requirements of Section 333: Proposed operations in this Petition for Exemption qualify for expe dited approval pursuant to Secti on 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied thusly:

a.) Approval is Warranted Based on the UAS’s Size, Weight, Speed, and Operational Capability. Thomas Carrero Jr., Esquire will employ the Ph antom 3 quadcopter for the operations described in this Petition for Exemption. This UAS is classified as a small drone or hobby craft and is lawfully used for recreational operations. The Phantom 3 has a maxi mum take-off weight of 2.69 pounds (including battery). The flight speed is limited to a maximum of 33.5 miles per hour and it will not be flown at an altitude that exceeds 200 feet AGL. All flights will be managed in such a way that they can be safely terminated with a reserve battery power of 25% of the battery's maximum charge. The Phantom 3 does not carry any flammable propellant or fuel. The UAS al so has an integrated GPS system that calculates the UAS's position and height and relays that info rmation via a secure connection to the operator. Through use of this GPS system and the installed firm ware, the user is able to set maximum height and radius in relation to a pre-determined home point, restri cting flight to a zone that is both approved by the FAA and the owner of the property being photographed. This system also automatically restricts flight within a range of airports that is greater than the 5 miles that the FAA requires. Additionally, the UAS contains a failsafe mode if its connection to the remote control is lost, and this system permits the UAS to return to a predet ermined location and land w ithout injury or damage. b.) Approval is Warranted Based on the Operati onal Restrictions Set Forth in the UAS Standard Operating Guide Together, the Guide and the Phantom 3 User Ma nual contain all of the procedures and limitations necessary to successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Thomas Carrero Jr., Esquire’s proposed operations, below is a summary of operational limitations and conditions whic h will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. The Phantom 3 weighs 2.69 +/- pounds. 2. Flights will be operated within the VLOS of the PIC and or an observer, at a minimum. 3. Maximum total flight time for each oper ational flight will be limited to 25% reserve battery power remaining. 4. Flights will be operated at an altitude of no more than 200 feet AGL. 5. All operations will be conducted in class G airspace. 6. Flights will be restricted to pre-determ ined areas of the owner/clients property, which will always be located outside of 5 miles radius from an airport of any size or the necessary NOTAM will be filed for safe operation in advance of operations. 7. Flight zones will be located at the maximum distance away from persons, inhabited structures, and vehicles that is possible given the layout of the property. The flight zone in which operations occurs will be assigned based on the real time traffic, activities, and weather conditions. 8. Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 15 mph. 9. The UAS will be operated and maintained in accordance with the requirements of the Phantom 3 User Manual and any manufacturer Safety Bulletins. 10. Prior to the operation, the flights w ill be fully preplanned and briefed, including compass calibration, possible contingencies and emergency procedures. 11. The UAS will have the capability to abort flight in the case of unpredicted obstacles or emergencies. 12. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 13. All UAS operations will occur in daylight, Visual Flight Rules ("VFR") conditions. Instrument flight rules flights are prohibited and no flights will occur at night, or in adverse weather

conditions.3 14. The UAS will be controlled by the Phan tom 3 Remote Control System and the radio frequency spectrum used for operation and contro l of the UA shall comply with the Federal Communications Commission ("FCC") or other appropria te government oversight agency requirements.

Regulations From Which Exemption is Sought: The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory aut hority, by its terms, includes exempting civil aircraft,

as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and

minimum standards when the Administrator decides a requested exemption is in the public interest. Thomas Carrero Jr., Esquire seeks an exemption from sev eral interrelated provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requ ested operations using UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which exemp tion is sought, and; (2) reasons why the exemption would not adversely affect safety or provide a leve l of safety equivalent to the rule, including any operating procedures and safeguards that Thomas Carrero Jr., Esquire has adopted which will ensure a level of safety better than or equal to the rules from which exemption is sought. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates Part 21 prescribes procedural requirements for the issue of airworthiness certificates. Thomas Carrero Jr., Esquire requests exemption from this subpart to operate the Phantom 3 without th e requirement for an airworthiness certificate. Based on the proposed UAS being limited in size, weight , speed, operating capabilities, and operating within VLOS, Thomas Carrero Jr., Esquire believes that an ai rworthiness certificate is not necessary to ensure an equivalent level of safety to manne d aircraft operations. Equivalent Le vel of Safety 6 The UAS indicated is safe when taking into account its size, weight, sp eed, and operational capability. As set forth above, the Phantom 3 Advanced weighs less than 3 pounds and will be flown at less than 30 mph and completely outside controlled airspace. Additionally, the craf t carries pilots nor passengers, carries no explosive materials and or flammable liquid fuels, and operates exclusively within the parameters stated in the Guide. Operations conducted under this exemption will be closely controlled and monitored by the PIC and will be conducted in compliance with local publi c safety requirements, to provide security for the area of operation. In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations. Fu rther, the Phantom 3 does not need a means to

communicate with other aircraft or ATC, becau se those capabilities will be possessed by the PIC and

Observer, who are not onboard the UAS. See Grant of Exemption, Docket FAA-2014-0352 at 13. In addition, the UAS will be operated at all times in visual line-of-sight and in VFR conditions. Id.

14 C.F.R. Part 27: Airworthiness Standards for No rmal Category Rotorcraft Title 14 sets forth the procedural requirements for airworthiness certificati on of normal category rotorcraft. To the extent Thomas Carrero Jr., Esquire UAS would otherwise require certification under Part 27, it seeks an exemption from Part 27's airworthiness standards fo r the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H. Thomas Carrero Jr., Esquire seeks an exempti on from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 45.23(b) and 45.27(a). 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roma n capital letter "N" and the registration number is displayed on limited, restricted or light-sport cate gory aircraft or experimental or provisionally 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. 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the Phantom 3 is by definition “unmanned” and so has no entrance to a cabin, cockp it, or pilot station on which the above stated words can be placed. Given the size of the UAV, two-inch lettering may be impossible. The word “Exempt” can be placed on the fuselage in compliance w ith 14 C.F.R. § 45.29(f).4 The equivalent level of safety will be provide d by having the Phantom 3 marked on its fuselage as required by 14 C.F.R. § 45.29(f) where the pilot, observer and others working with the UAS will see the identification of the Phantom 3 as “Exempt” if so desired. The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. d. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness The regulation re quires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will ex ist for determining airworthiness. Given the size of the Phantom 3, the description of proposed operations above, an equivalent level of safety will be provided. e. 14 C.F.R. §§ 91.9(b)(2), 91.203(a) and (b): Civil Aircraft Flight Manual in the Aircraft 14 C.F.R. § 91.9(b)(2) states: "(b) No pers on may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airp lane or Rotorcraft Fli ght Manual, approved manual material, markings, and placards, or any combination thereof." 14 C.F.R. § 91.203(a) and (b) state: "(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certifi cate... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 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." Given the small size and configuration of th e Phantom 3, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS because there is simply no room. Also the UAS has no cabin or cockpit.

Furthermore, in an FAA Office of Chief Counsel 's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC-220, it was acknow ledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. As this FAA Office of Chie f Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved be ensuring that the pilot has access to the documents at the ground control station or point of control from which he or she is piloting the Phantom 3. 14 C.F.R. § 91.103: Preflight Actions requires each pilot in command to take certain actions before flight to ensure the safety of flight. As F AA approved flight manuals w ill not be provided for the aircraft an exemption will be needed. An equivale nt level of safety will be provided through the PIC following the procedures set forth in the Guide and Manufacturer’s User Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight . The PIC will account for all relevant site-specific conditions in the preflight procedures. The FAA h as granted exemption from this regulation to other small UAS operators. See Exemption No. 11109. 14 C.F.R. § 91.109(a): Flight Instruction provides that 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. Thomas Carrero Jr., Esquire seeks an exemption from flight instruction requirements contained within 14 C.F.R. § 91.109(a). The equivalent safety protocol for student training purposes consists of the PIC and student using a "buddy box" system that utilizes two transmitters when applicable. The transmitter of the student is connected by a trainer cable to another transmitter (master transmitter) controlled by the PIC instructor. The PIC Inst ructor is able to control the UAS with his or her transmitter then flip a switch to turn control over to the student and flip the switch again to reclaim control. In this way, the PIC Instructor can easily demonstrate how to fly the UAS or rescue the UAS if the student makes a poor aeronautical decision without passing the same transmitter back and forth to preserve safety to the NAS and manned aircraft operati ons. Given the size and speed of the UAS that the Thomas Carrero Jr., Esquire intends to use, an equi valent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Guide, all persons will be a safe distance away in the event that any difficulties during flight instruction occurs.5 Moreover, Petitioner will conduct training in a contro lled and sterile environment. As required by the Guide, training and instruction will be conducted in a sterile area on property that is owned and controlled by Thomas Carrero Jr., Esquire. These facilities will not be open to the public during UAS operations,

and access will be restricted to authorized bus iness personnel involved with the company.

14 C.F.R. § 91.119: Minimum Safe Altitudes prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. Thomas Carr ero Jr., Esquire requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91 .119. Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." An exemption is required because the proposed UAS operations will occur at under 200 feet AGL. Further, while the Phantom 3 will never be flown in or over congested areas, due to the natu re and location of the proposed operations, the PIC, Observer(s), Instructors and/or Students may at times be less than 200 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel onboa rd the Phantom 3, any ri sk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and 11 speed of the Phantom 3, as well as the controlled and sterile location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 200 feet AGL or belo w. As set forth in the Guide, the Phantom 3 flight height and radius restrictions will be set according to each operator’s level of experience which will be judged by the PIC. The Phantom 3 will be operated in an area that is owned by the client and closed to the public when in use. These restrictions will ensure th at the proposed UAS operations are performed in a manner that protects the safety of participants , nonparticipants, the UAS, and other property. 14 C.F.R. § 91.121: Altimeter Settings requir es a person operating an aircraft to maintain cruising altitude or flight level by reference to an a ltimeter that is set to the elevation of the departure airport or barometric pressure. This petition seeks an exemption from 14 C.F.R. § 91.121, to the extent

that the Phantom 3 does not have a barometric altime ter, but rather a GPS altitude read out. The Guide requires compass calibration prior to each operation of the Phantom 3 to ensure the GPS functions correctly. The Phantom 3 User Manuel contains instru ctions for achieving this and the manufacturer, DJI, will provide additional support if necessary. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions states: (a) No person may begin a flight in an airplane under VFR cond itions 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 – i. During the day, to fly after that for at least 25 minutes; or ii. At night, to fly after that for at least 45 minutes. Thomas Carrero Jr., Esquire requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions because th e technological limitations on the energy capabilities of the 4480mAh LiPo battery used in the Phantom 3 means that no meaningful flight operations can be

conducted with the Phantom 3 while still maintaini ng a 30 minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is ther efore required. The batteries powering the Phantom 3 provide approximately 25 minutes of flight time. Training operations will be limited to a minimum voltage to ensure appropriate reserve battery to main tain an equivalent level of safety at all times. The UAS will notify the operator when they are approachi ng and they are required to land at their home point and either switch out the battery or pause operations for recharging. If both the operator and PIC fail to land the UAS prior to the allotted minimum voltage, the UAS will autonomously return to its original launch position. Thomas Carrero Jr., Esquire seeks an exempti on from the maintenance inspection requirements

contained in 14 C.F.R., sections 91. 405, 91.407, 91.409, a nd 91.417. These rules specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the airc raft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepan cies repaired as described in part 43 of this6 chapter.”) Exemption from these rules is requested because thes e sections of Title 14 require the aircraft to be maintained and inspected in accordance with Part 43, which only applies to aircraft with an airworthiness certificate. Therefore, based on the exemptions sought, these sections do not apply to Thomas Carrero Jr., Esquire proposed UAS operations . Maintenance will be accomplished by authorized operators, staff, and/or contracted labor pursuant to the Guide and the Manufacturer’s User Manual. An equivalent level of safety will be achieved because a UAS like the Phantom 3 or like craft and its platform are very limited in size, will carry a small payloa d, and will operate only in defined areas for limited periods of time. If mechanical issues arise the Phan tom 3 will be able to land immediately on property owned by the client and or owner of the craft to receive immediate maintenance. As provided in the Guide and Manufacturer’s User Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and will keep a log of any maintenance performed. Thomas Carrero Jr., Esquire seeks an exemption from 14 C.F.R. Part 61, 14 C.F.R. §§ 61.3, 61.113: Private Pilot Privileges and Limitations. Thom as Carrero Jr., Esquire will serve as the PIC for all flight operations and the instructor/co-instructor of any course including an element of drone flight. This should qualify persons with a private pilot’s certifi cate, among other qualifications, to instruct drone operation education when necessary. However, as is the nature of the proposed operations, introductory flight instruction using the Phantom 3 UAS will be provi ded to staff who will likely not have a private, or any type of, pilot’s license. Accordingly, Thomas Carrero Jr., Esquire seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a student 12 receiving UAS operation instruction to have a private p ilot's certificate. All student instruction flights will be conducted under closely controlled circumstances, outside of navigable airspace and away from persons or property not involved in the instruction. In addition, the student instruction flights will be conducted under the close supervision of an instructor acting as PIC. In addition, to the extent that Thomas Carrero Jr., Esquire may be employing persons with a private pilot’s license to operate its UAS, an exemption is also sought from 14 C.F.R § 61.113, wh ich restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also require a second class medical certificate. The purpose of this section is to ensure the skill and co mpetency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, while in structors acting as PIC during UAS operations will be doing so for educational purposes as part of Thomas Carrero Jr., Esquire’s staff, the Phantom 3 or like craft carries neither passengers nor cargo. Moreover, in the Astraeus Aerial Grant of Exemption (FAA Docket No. FAA-2014-0352), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additi onal cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class I or II Medical Certificate. Equivalent Level of Safety Thomas Carrero Jr., Esquire will ensure an equivalent level of safety to the regulatory requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the safety procedures provided in the Guide. In addition to training and experience requirements and limitations, Thomas Carrero Jr., Esquire has placed additional rest rictions on its proposed UAS operations to ensure an extra margin of safety. The UAS will only operate in a controlled and sterile area away from persons and property not involved in the opera tion. It will be flown based on VLOS at no more than 200 feet AGL. Collectively, these procedures en sure that the proposed UAS operations can be conducted safely.

Public Interest: Because the technology to provi de photographs that can better facilitate clients desires to market real estate for the purchase of real estate has advanced to a degree that is not possible from traditional photography the public will be well serve d by offering aerial photographs that can better produce the desired results. Some of which include the depiction of the beauty and aesthetics of a property for marketing purposes or the location of a property to surrounding adverse conditions that may affect the decision process of an institutional lende r when making a loan for a particular property. Likewise, should litigation arise due to disputes ove r boundary lines, encroachment, easements, etc..., aerial photography could provide evidence not readily avail to litigants in order to swiftly and amicably resolve disputes.7 Privacy: All of Thomas Carrero Jr., Esquire’s UAS opera tions shall be conducted in accordance with applicable federal, state, or local laws regardi ng privacy. Thomas Carrero Jr., Esquire will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner. Moreover, Thomas Carrero Jr., Esqui re will not capture or use images from restricted areas requiring privacy and or confidentiality under any circumstance. This does not mean, however, that images may not be taken that are permitted by law and do not require a level of privacy that is an exception to the norm. As an attorney, Thomas Carrero Jr., Esquire, is especially cognizant of confidentiality and privacy laws.

Federal Register Summary : Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following sections in Title 14 of the Code of Federal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61. 3; 61.113; 91.7(a); 91.9(b)(2); 91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). The exemption will enhance safety by reducing risk to the general public and property owners by: (a) ensuring that the operations of the UAS described above are recognized by the FAA in the form of an exemption; and (b) how to safely operate small UAS in furtherance of career objectives and to the benefit of public safety while providing a valuable service as it relates to the legal and real estate businesses provided by Thomas Carrero Jr., Esquire.

Respectfully submitted,

/s/

THOMAS CARRERO JR.