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## Petitioner: Mr. Carlos Smyth 224 S. Clovis Ave. #109 Fresno, CA 93727 carlossmyth@gmail.com Exemption from Sections of 14 CFR: part 21; §§ 45.23(b); 61.113 (a) and (b); 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b). PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

## Operation of DJI Phantom 2 Vision Plus, DJI Phantom3, and Yuneec Typhoon Q500 4K Unmanned Aircraft Systems. Extent of relief: Petitioner desires exemption from the above named regulations for the purpose of conducting commercial aerial photography and videography using Unmanned Aerial Systems (UAS) with Global Positioning System (GPS) control and stabilization. The petitioner supports his request with the following information:

September 2, 2015 PETITION FOR EXEMPTION
TITLE 14, CODE OF FEDERAL REGULATIONS 

## UNITED STATES OF AMERICA **DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION**  WASHINGTON, DCof 2 9



### The petitioner provides the following information: **1.** Unmanned Aircraft Systems (UAS); **2.** UAS Pilot in Command (PIC) Requirements; **3.** UAS Operating Parameters; **4.** Public Interest and Safety; **5.** Summary. (Attachment A: User’s Manuals; Attachment B: Monthly Maintenance Log & Pre-Flight Check List.)

**1.** Unmanned Aircraft System:
The UAS proposed for use by the petitioner are airframes provided by yuneec.com (Yuneec) and DJI.com (DJI), used in conjunction with DJI and Yuneec hardware/software controllers (respectfully), data signal processing, and GPS stabilization and navigation electronics. Radio Control (RC) transmitters, propellers, electric motors, and batteries are provided by various manufacturers worldwide. Yuneec is located at 5555 Ontario Mills Parkway, Ontario, CA 91764; and DJI (Da- Jiang Innovations Science and Technology Co. Ltd.) is located at, Shenzhen, Guangdong Province, China. Please be advised that most Unmanned Aerial Systems (UAS) are modular (plug-in and replaceable parts that are commonly used in UAS), and that hardware/software for DJI and Yuneec controllers, data links, and GPS navigation are the most commonly used programmable electronics for navigation and control in UAS usage.
The systems have the size, weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 CFR part 21 § 91.203 (Airworthiness Certificates), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (PL 112-95). If these UAS are operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed by the petitioner it will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations.
The UAS to be operated under this request are less than 55 lbs (20 lbs. or less typically) fully loaded, flying at speeds of no more than 50 knots, carrying neither a pilot nor passenger (part 21 § 61.113), carrying no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. In addition, the UAS have integrated safety features built into the design of the UAS, as described in the UAS operating parameters, to ensure the safety of persons and property within and surrounding the limited operating area. In the

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event the UAS loses communications, its GPS signal, or reaches 15% battery power, all UAS will have the capability to automatically return to the takeoff/PIC location, as well as preventing flights within the limited operating area. Software for the controller could be coded for use by a particular unit so as to prevent interference or hijacking (part 21 § 91.109). Controllers also have the capability to abort a flight in the event of unpredicted obstacles or emergencies. Distance from the PIC can be limited with both the DJI UAS software as well as the Yuneec UAS software and the flights can be contained in the restricted areas such as class B airspaces. This will assure the UAS are never flown near airports, forest fires, crowds, etc.
UAS have been proven to have stable flight under severe gusty wind conditions (up to 40 knots). Wind shear accidents can be of minimal impact when using a UAS with low mass and soft propellers such as UAS, though through diligent weather planning, avoidance is the best course of action.
The UAS will have no airworthiness certificate, and an exemption may be needed from 14 CFR § 45.23 as the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the UAS, the two-inch lettering will be impossible. An equivalent level of safety will be provided by the UAS having flashing lights to draw attention to their operation.
The maintenance requirements in the pertinent sections of 14 CFR, part 91 are only applicable to aircraft with an airworthiness certificate in accordance with part 43, therefore the petitioner has developed an as needed maintenance process for the UAS affected by this exemption. The petitioner intends to follow any manufacturers’ recommended instructions and procedures when those maintenance procedures exist for certain components of its UAS (§ 91.9, 91.405, 91.407, 91.417).



### 2. UAS Pilot In Command (PIC) Requirements
The petitioner has many flight hours of experience in unmanned aircraft photo reconnaissance and videography in a safe, legal recreational setting. The petitioner asserts that safe flying of UAS will be enhanced by using a PIC that has done extensive research on commercial flight procedures. It is hoped that any fears for commercial aircraft safety can be relieved by the use of a well-informed and experienced UAS pilot.

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Any PIC incapacitation during operations will be addressed by loss of communication time out software and automatic navigation return to base/takeoff point activation. The petitioner is in perfect health, with 20/20 vision and good mobility, so as to keep line of sight with the UAS at all times in order to fly safely. He is also a certified medical first responder and holds a fire safety certificate issued by Cal Fire thus understanding the importance of safe flight.
The petitioner has almost a year experience flying UAS and the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. The petitioner has further experience in the commercial event photography and videography industry with training in the use of other types of mobile camera units. The petitioner has further experience working with his father, who has worked as a video producer for 37 years. They have worked together with the latest video equipment and software. The petitioner has made a ‘not for profit’ film using UAS under the guidance of FAA UAS advisories, rules and regulations.



### 3. UAS Operating Parameters
The aircraft will be operated within a secure environment, which no one will be allowed to enter unless they are part of the production, have been fully briefed of the risks prior to operation of the UAS, and have consented to the risks associated with being in the operating area. Should there be a mishap, the UAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable fuel, and do not carry crew or passengers. T his is in contrast to conventional aircraft that are flown to the site, carry flammable fuel, carry passengers and crew, and operate in a much larger area.
The UAS batteries are self monitored for safe usage, protection from overheating, and return to starting point when discharged to 30%. The batteries are limited in the number of times they can be charged safely before proper disposal. Flight control software will be constantly updated as required and will provide feedback to the manufacturer for maintenance, design, and safety updating (§ 91.405, 91.407, 91.409, 91.417).
All UAS flights will be operated within visual line of sight (VLOS) of a pilot and/or observer at all times, and the UAS flights will be limited to a maximum altitude of 200 feet AGL (§ 91.119). PIC will also be limited to flying the UA only in day-light. The operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation, but this radius

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may be reduced to 30 feet based upon an equivalent level of safety determination, with the advance permission of the local Flight Standards District Office (FSDO) and any needed NOTAM publish in an adequate time period. The petitioner asserts that an equivalent level of safety can be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. The UAS will be operated within a safe operating perimeter, the boundaries of whichwill be determined by production personnel and the UAS PIC based on the sitespecific filming activities and speed of the UAS required for the operation. Activities will also be coordinated with the jurisdictional FAA FSDO and local government officials as applicable and flights there will be no flights within 5 nautical miles (NM) of an airport

. With respect to preflight actions, the petitioner notes it may need an exemption from 14 CFR § 91.103, because it will not have approved rotorcraft flight manuals. The petitioner asserts that an equivalent level of safety will be achieved by the PIC taking all preflight actions as set by the manufacturer of the UAS and the pilot’s own operating safety procedures to comply with insurance requirements including reviewing weather, flight battery requirements, landing and takeoff distance clearances, adequate GPS signal acquisition, and aircraft performance data acquisition on the controller before initiation of flight (§ 91.7 and 91.103 will be adhered to). Additionally, the petitioner will require a briefing to be conducted prior to each day’s filming regarding planned UAS operations, and all personnel who will be performing duties within the boundaries of the safety perimeter will be required to attend.

With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute reserve requirements in 14 CFR § 91.151, UAS flights would have to be limited to approximately zero minutes. The petitioner argues that, given the limitations on the UA’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night with acceptable visual flight regulation (VFR) conditions is reasonable. The petitioner believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes or 30% of battery power, whichever occurs first.

The petitioner requests an exemption from 14 CFR § 91.121, as its UAS have GPS altitude readouts instead of a barometric altimeter. The petitioner asserts that an equivalent level of safety will be achieved. Specifically, the altitude information will be provided to the UAS PIC via a digitally encoded telemetric data feed. Prior to each flight, a zero altitude initiation point will be established

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and confirmed for accuracy by the PIC. The PIC will monitor air traffic when needed through an FCC approved portable transceiver and headset/ microphone combination capable of communication with control towers and manned aircraft in the vicinity of the operations area.



### 4. Public Interest and Safety

Given the small size of the UAS involved and the restricted, secure environment within which it will operate, its proposed operation falls within that zone of safety in which Congress envisioned that the FAA must, by exemption, allow this commercial operation of UAS to commence immediately. Also, due to the size of the UAS and the restricted areas in which the UAS will operate, approval of the application presents no national security issue. UAS systems the petitioner will use can be programmed in multiple ways to provide security and safety. The petitioner points out that given the clear direction in Section 333, the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, and including reduced emissions associated with allowing UAS for movie and television operations, granting the requested exemptions is in the public interest.
The petitioner’s use of UAS for documentary or educational videography will add to the public’s knowledge base, allow for the public to experience video views of points of interest previously unavailable, and furthers constitutional rights to free speech. It will enrich the culture as a whole. If privacy issues are to be addressed, it is the petitioner’s opinion that UAS operations are exceedingly less invasive than cell phone cameras with internet capabilities or satellite photometry. It is the petitioner’s experience that birds tend to stay away from UAS operations and that in conventional manned aircraft that is not the case. This furthers less environmental damage such as bird strikes and aircraft accidents.
In certain public areas the petitioner has seen kite flying allowed that is inherently less controllable and as dangerous, if not more so, than UAS operations.



### 5. Summary
The petitioner requests an exemption for himself, Carlos Smyth, from Title 14, Code of Federal Rules pertaining to the safe, commercial usage of unmanned aerial systems (UAS) in controlled, secured video production areas. Exemption

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from Sections of 14 CFR: part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) are requested. The petitioner supports his request with the following information **1.** Unmanned Aircraft Systems (UAS); this section describes the UAS maximum capabilities and the failsafe and abort safety mechanisms that are programmed into the UAS; **2.** UAS Pilot In Command (PIC) Requirements; this section describes the pilot asking for the exemptions and his experience and knowledge base, description of safe flight duties and preparation, and comments on how UAS PIC should be informed of commercial aircraft operations and be physically able to perform all UAS tasks in a safe manner; **3.** UAS Operating Parameters; this section describes the operating procedures that will be carried out to meet regulations and provide safety in operations and security of the environment, following procedures and working with the local FSDO and local government authorities; **4.** Public Interest and Safety; this section addresses some of the advantages of UAS operations, especially the advantage for the public being privy to the exceptional views UAS videos provide.

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Attachment A
DJI Phantom 2 Vision Plus, DJI Phantom 3, Yuneec Typhoon Q500 Plus User’s Manuals

DJI Phantom 2 Vision Plus http://download.dji-innovations.com/downloads/phantom_2_vision_plus/en/ Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

DJI Phantom 3 http://download.dji-innovations.com/downloads/phantom_3/en/ Phantom_3_Professional_User_Manual_v1.0_en.pdf
Yuneec Typhoon Q500 4K http://yuneec.com/support/download/manuals/q500_4k_user_manual.pdf

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Attachment B
Monthly Maintenance Log

Pre- Flight Check List

1. Weather Conditions 2. Environment (power lines, obstructions, people, etc.) 3. Flight Plan Review 4. UAS check- function, maintenance & firmware up to date, batteries at full charge. 5. Double check software setting & parameters. 6. Calibrate Compass 7. Set Auto-return Home Point 8. Strong GPS signal 9. Strong RC signal 10. “Clear” for take-off. Date of Issue Date of Fix Description of Maintenance

Software/ Firmware

Airframe Engines Propellors

Camera Gimbal
Landing Gear

Misc.:

September 2, 2015