Carl B Silverstein

PO Box 325 Palmerton, PA 18071 Mobile: 570

- 350

- 1589 Email: c arl@silverstein.com August 4, 2015 US Department of Transportation Docket Management Sy stem 1200 New Jersey Ave., SE Washington, DC 20590 **RE:** Exemption Request Section 333 of the FAA Reform Act of 2012

- Aerial photography , cinematograph y, videography , mapping, crop surveying, insurance inspections **Attachments** Please see the following URLfor downloading or viewing of related atta chments including the Phantom 3 and the 3dr Solo user manuals: http://www.dji.com/product/phantom

- 3/download http://3drobotics.com/wp

- content/uploads/2015/07/v4_07_07_15.pdf

**References** 1) FAA Exe mption No. 11138, Regulatory Docket No. FAA20140481in the matter of the petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA

–2014

–0508 in the matter of the petition of ADVANCED AVI ATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter ofthe petition of FLY IN G CAM INC Dear Sir or Madam, In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012, ICarl B Silv erstein , referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§

**• 61.113(a)**  **;**
**• 61.113(b)**  **;**
**• 91.119(c)**  **;**
**• 91.121**  **;**
**• 91.151(a)**  **;**
**• 91.405(a)**  **;**
**• 91.407(a)(1)**  **;**
**• 91.409(a)(1)**  **;**
**• 91.409(**  **a)(2) ;** **• 91.417(a) & (b)**  **;**

In order to operate small unmanned aircraft s ys tems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photograph y, cinematograph y, videograph y, mapping, crop surveying , inspections and other flight operations that could be performed safel y and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace s ys tem as compared to a manned aircraft or other methods such as lift trucks, cranes or booms. Operations will be performed only at the request of, and with the authorization and permission of clients or their authorized agents. So long as such operations are conducted within and under the conditions outlined herein or as may be establ ished by

the FAA as required b y Section 333. The conditions identified and proposed b y the petitioner are drawn from reference 13. **Requested Exemption** The petitioner seeks exemption from the above mentioned FARs for the following reasons: **61.113(a) & (b) ;**  The petitioner requests relief in order to facilitate the utilization of pilots, who hold a PRI VATE PILOT (or greater) certificate. Any pilots operating under this exemption would be required to compl y with any conditions as set forth and in a similar fash ion to the previously granted exemptions. The petitioner currentl y has 50 hours of PI C (Pilot In Command) experience and needs one hour of solo time to be eligible for the practical test to obtain a Private Pilot License (PPL). He also took the FAA knowledge test a number of ye ars ago and received a 89% on the exam. He plans to obtain his PPLby

the fall of 2015. **91.119(c);** As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be o perated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the terms “congested areas” and “densel y populated”. The petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required. **91.121;** As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information. **91.151(a);** As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for day time, VFR conditions. The UAS provides battery

power remaining in percent to the PI C. The UA batteries provide approximately 25 minutes of powered flight. In formation provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PI C will initiate a landing procedure when battery

remaining reaches a specified level.Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in day time VFR conditions was reaso nable.**91.405(a) ; 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b);**  As discussed in

Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents . The FAA found that adherence to the petitioner’s operating documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and record keeping, were sufficient to ensure that safety would not be adversel y a ffected. **The UASes**  **The DJI Phantom 3** is a small rotorcraft in the quadcopter configuration with an advertised weight 1280g and is equipment with a custom high definition camera. It has an advertised maximum speed of 36 mph. It is powered by four electric motors'. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning s ys tem (GPS) to maintain its geospatial orientation and position. It is also controlled in hover by Vision Positioning System that senses the ground. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry

information are transmitted back to a ground control unit allowing the operator and/or PI C to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery , and control camera angle. It has fail

- safe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the on

- board flight controller and maximum altitude can be programmed by

the PIC. Battery

life limits flight times to approximately 25 minutes. The on

- board flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing w ill be initiated when the battery reaches a predetermined low state. A return

- to
- home (RTH) feature can be manually initiated with the press of a button. It is anticipated that flights will usually last less than 20 minutes. More information is available at the attachment URL, above. **The 3dr Solo** is a small rotocraft in a quadcopter configuration with an unladen weight of 1500g and when equipped with a GoPro and gimbal

- 1750g. It is designed to be integrated with the GoPro line of high definition cameras. It has an advertised maximum speed of 55 mph. It is powered by four 880 kV electric motors. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning s ys tem (GPS) to maintain its geospatial ori entation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information are transmitted back to a ground control unit allowing the operator and/or PI C to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery , and control camera angle. It has fail

- safe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the on

- board flight controller and maximum altitude can be programm ed by

the PIC. Battery

life limits flight times to approximately 20 minutes. The on

- board flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing wil l be initiated when the battery reaches a predetermined low state. A return

- to
- home (RTH) feature can be manually initiated with the press of a button. More information is available at the attachment URL , above. **Risk Mitigation**  The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Li mitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manageand mitigate risk and ensure public safety

. A preflight checklist will be developed and employed to

ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. T he petitioner request that in a manner similar to reference 3, he be allowed to operate within 5 miles of an airport provided that:

“ The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non towered airport as denoted on a current FAA published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.” Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a mech anism to facilitate such activities without requesting a new and separate exemption(s) should the need arise. **Public Interest**  Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carryi ng a crew and flammable fuel. Additionally , use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level videograph y/

photography

. Aerial photograph y is a valuable marketing tool that can lead to increased commerce and enhance personal photograph y. Crop surveying applications could lead to decreased use of pesticides and fertilizer and conservation of water as well as increased crop yields and decreased costs. Aerial surveying and i nspections can increase work site efficiency , improve volumetric estimations and reduce risks. The process of insurance underwriting evaluation and damage assessment will be streamlined. Areas not accessible by foot or too damaged to safel y reach data will be able to be rapidly documented. The petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer will be utilized. L iability

insurance will be obtained commensurat e with the granting of this request for exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, and details concerning an y deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application. This data may be submitted to FAA via traditional means, e.g. COA Monthl y Reports, or other means as required. **Conclusion** The petitioner is requesting this exemption for the purposes of “aerial photography , cinematograph y, videograph y, mapping, crop surveying, inspections, insurance underwriting and damage evaluation, and other flight operations”. The request for several uses of the UAS is to allow for future demand to be met without the need for additional e xemptions to be filed. There is already a high demand for real estate photograph y, crop surveying, and aerial inspection ofproperty.Use of an UAS would ultimately provide a tool that is far safer, more cost effective and more timely

than other methods. The primary p urpose of seeking this exemption is to obtain the capability to offer those services while remaining in compliance with FAA regulations.

Sincerel y, Carl B Silverstein