August 12, 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE. Washington, DC 20590 **Reference: James Thielemann Inc. Petition for Section 333 Exemption: Re: Small Unmanned Aircraft**  **Systems in security of aerial photography and geographic information system operations. Docket No. FAA** 
**- 2015** 
**- 1680**  Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, James Thiele mann Inc. Which is owned and operated by Mr. James Thielemann is petitioning for an exemption from the Federal Aviation Regulations (“FARs”) and other rules/statutes pertaining to the following described unmanned aircraft system (UAS) c alled in this applic ation the Phantom 2 System. Section 333 of the FMRA addresses special rules for certain UAS and grants the FAA authority to allow for the safe operation of certain (UAS) within the national airspace. James Thielemann Inc. respectfully requests the FAA to e xempt James Thielemann Inc. from these certain regulations to perform its services commercially and provide a positive impact for the public. James Thielemann Inc. provides security services, real estate photography and Geographic Information Systems (GIS ) for business and personal. With the integration of unmanned aircraft technology into James Thielemann Inc.’s services this new avenue of intelligence will, in a positive way, impact the publics with less of an environmental impact from manned aircraft wi th their emissions and the fatal injuries that they represent. James Thielemann Inc. has the operational maturity to deploy safely and provide the benefits of UAS technology. Following the traditional standards of manned flights a standard operating proce dure (SOP) has been established which includes a pre

-flight checklist, a flight checklist, a before landing checklist 1, and a area of interest (AOI) with dedicated waypoints. The pilot in command (PIC) will have complete control of flight. Flights would b e conducted over the AOI by permission and altitudes will not exceed 400’ AGL. A ground crew of 2 will consist of a PIC, and a Visual Observer (VO) for line of sight. The DJI Phantom 2 System that James Thielemann Inc. intends to deploy is manufactured by DJI Innovations, Inc. DJI supplies more than 50% of global demand for such vehicles to commercial and industrial sectors. The Phantom 2 System is a quad copter with a plastic shell that can maintain stable and steady flight within 22 knots of wind. The Ph antom 2 has a GPS built in as well as an optical flow camera that maintains a stereoscopic image of the ground, which helps to prevent it from drifting if GPS is lost. Max flight time is 18

- 22 minutes but all James Thielemann Inc. operations are limited to 15 minutes (68

- 82% battery consumption) with a reserve of 3

-8 minutes (18

- 32% battery reserve) for return to base procedures. A “dynamic home” button on the remote control gives the PIC a one

-touchbutton return home/base action. The Phantom 2 System is c ontrolled by a remote control base station

and a Apple iPad which runs an application (App) that provides airspeed, waypoints, compass, battery life, flight time and airspace information. The Phantom 2 System will be operated in the field in accordance wi th FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: (a) All flights will be restricted to 10lbs gross weight; (b) All operations will occur in FAA Class G airspace and not to exceed 400ft AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC or line of sight; (c) All operations will utilize a Pilot in Command (PIC), and Visual Observer (VO) at all times during a flight operation; (d) Operations will be restricted to f lights over private property with the permission of the property owner and any other permission needed for the area of operation; (e) All required permits will be obtained from state and local government prior to operation; (f) The Phantom 2 System will not be operated over densely populated areas; (g) The Phantom 2 System will not be operated at air shows; (h) The Phantom 2 System will not be operated over any open

- air assembly of people; (i) The Phantom 2 System will not be operated over heavily trafficked roads; (j) The Phantom 2 System will not be operated within 5 NM of an airport or heliport; (k) Operations will be restricted to day only and weather conditions equivalent to VFR; (l) The PIC will brief the VO, and property owner about the operat ion and risk before the first flight at each new location; (m) No flight may be made without a Pre

- Flight Inspection by the PIC before each operation to ascertain that the Phantom 2 system is in a condition safe for flight. We submit that the combination of the UAS's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a) through (o) listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission. Name and address of the Petitioner: James Thielemann Inc. c/o James Thielemann 3120 Kingston Ct. West Palm Beach, FL 33409 Phone: 561

- 373

-8932Email: jim@jthielemann.com

**14 CFR 11.81 (b)**
**– Exemptions Requested:**  The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the location of the pilot. All aircraft and pilots must comply with applicable sections of Title 14 of the Code of Federal Regulations (14 CFR) and other rules/regulations to operate within the National Airspace. Unmanned aircraft are unable to comply with certain sections of 14 CFR as the regulations were written prior to the considera tion of small UAS integration within the national airsp ace. Therefore James Thielemann Inc. is respectfully requesting an exemption from certain parts of 14 CFR cited below, in addition to such further exemptions and relief as the FAA may determine is nece ssary to permit the operations described herein. 14 CFR Part 21 Subpart H

– Airworthiness certification 14 CFR Part 91.119

– Minimum safe altitudes 14 CFR Part 91.151

– Fuel requirements for flight in VFR conditions 14 CFR Part 91.203 (a) and (b)

– Civ il Aircraft; Certifications Required 14 CFR Part 91.405

– Maintenance required 14 CFR Part 91.407

– Operation after maintenance, preventive maintenance, rebuilding or alteration 14 CFR Part 91.409

– Inspections 14 CFR Part 91.417

– Maintenance Records U.S. DOT

- FAA

-Air Traffic Organization Policy 14 CFR Part 91.7

– Civil Aircraft Airworthiness 14 CFR Part 91.9 (b)

– Civil aircraft flight manual, marking and placard requirements **14 CFR Part 11.81 (c)**
**– The extent of relief James Thielemann Inc. seeks,**  **and the reason James Thielemann Inc. seeks the relief:**  James Thielemann Inc. seeks relief pursuant to this exemption from applicable parts of the Federal Aviation Regulations and other rules/regulations to the extent necessary to permit civil flight opera tions within the national airspace. James Thielemann Inc. seeks authorization to conduct small UAS flight operations within the perimeters of this exemption request. **14 CFR Part 21 Subpart H (Airworthiness Certificates).** This part establishes the procedu res for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the Phantom 2 System under either or both of the foll owing provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft opera ting techniques, or new uses for aircraft. (b) Showing compliance with regulations, conducting flight tests and other operations to show compliance with the airworthinessregulations including flights to show compliance for issuance of type and supplementa l type certificates,

flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surve ys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operati onal requirements. Combined with the UAS’s lightweight, being constructed primarily of carbon fiber and plastic, we propose that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outli ned in t he previous paragraph. **14 CFR 91.119 Minimum safe altitudes: General.** The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since our Phantom 2 System is restraint to 400 feet AGL James Thielemann Inc. would not be able to comply with this requirement. In order to provide an equivalent level of safety we will only fly over private property within the size of the property and with the permission of the ow ner of the property. The aircraft will not be operated over congested areas or over any open

- air assembly of persons. The property owner will be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and stru ctures is minimal compared to manned aircraft, which should be considered in granting the exemption. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UAS is battery operated and the maximum duration of flight from a single battery charge is a max flight time of 18

- 22 minutes but all James Thielemann Inc.’s operations are l imited to 15 minutes (68

-82% battery consumption) with a reserve of 3

- 8 minutes (18

- 32% battery reserve) for return to base procedures. A “dynamic home” button on the remote control gives the PIC a one

-touch button return home/base action. The Phantom 2 Sy stem is controlled by a remote control base station and a Apple iPad which runs an application (App) that provides airspeed, waypoints, compass, battery life, flight time and airspace information. This will ensure that we meet the reserve energy requiremen t of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". **14 CFR Part 91.203 (a) and (b)**
**– Civil Aircraft; Certifications Required.** These regulations state that (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 certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 day s after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number that has been affixed to an aircraft may only be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a registration certification issued under the l aws of a foreign country. (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. Should the FAA allow for the exemption of 14 CFR Part 21, James Thielemann Inc. would need an exemption from this regulation, as an airworthiness certificate would not be required. The proposed placard would be placed on the aircraft. **Owner:** James Thielemann, Inc. 3120 Kingston Ct., West Palm Beach, Fl 33409 Model: Phantom 2, Serial Number: ph645293493 If foun d please contact: (561) 373

-8932 **14 CFR Subpart E (91.401**
**- 91.417)** 
**- Maintenance, Preventive Maintenance, Alterations.**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Par agraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authori zed to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is l imited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. The manufacturer or their designated repair facility will perform all other maintenance. The PI C will doc ument work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. **14 CFR Part 91.7 (Civil Aircraft Airworthiness).** This regulation states that (a) No person may operate a civil aircraft unless it is in airworthy condition and (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is incondition for safe flight. The pilot in command shall discontinue the fl ight when un

- airworthy

mechanical, electrical, or structural conditions occur. This exemption would not be necessary should the FAA approve the exemption for 14 CFR Part 2 1 Subpart H. If James Thielemann Inc. ’s UAS is not required to obtain an airworthines s certificate, then this would not apply; however James Thielemann Inc. would maintain the UAS and the PIC would deem the UAS safe for flight operations and discontinue any flight if any mechanical, electrical, or structural problem arose. **14 CFR Part 91. 9 (b) (Civil Aircraft Flight Manual, marking and placard requirements) and 14 CFR Part**  **91.203 (a) and (b) (Civil Aircraft; Certifications Required).** This regulation states that no person may operate a U.S. registered civil aircraft

- (1) For which an Airpla ne or Rotorcraft Flight Manual is required by Part 21.5 of 14 CFR unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in 14 CFR Part 121.141 (b); and (2) For which an Airplane or Rot orcraft Flight Manual is not required by 14 CFR Part 21.5, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings and placards or any combination thereof. Based on the FAA’s Mem orandum titled, “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station ”, dated August 8. 2014, James Thielemann Inc. feels that requesting relief from these regulatio ns may not be necessary. James Thielemann Inc. will have in its possession, on site, the UAS manufacturer’s flight/operations manual and registration paperwork. **8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer Medical.** This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to pe rform as a pilot or observer. The UAS maximum gross weight is 6.7 pounds, it is constructed of plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAS will return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that the minimum medical requirements for the PIC and VO be a FAA third class medical certificate. **14 CFR P art 11.81 (d)** 
**– The reasons why granting James Thielemann Inc.** **’s request would be in the public interest; that is, how it would benefit the public as a whole:**  G ranting an exemption for James Thielemann Inc. would allow the organization to safely and effic iently conduct small UAS flight operations to assist its communities in providing security services, real estate photography and geographic information systems (GIS) for business or personal and in some emergency cases assist with local first responders if approved. UAS operations will provide more efficient service to its clients and community and could positively impact the security of property and relief operations via shared resources with first responders. Without th is exemption, James Thielemann Inc

. would be restricted to ground only inspections which would not have the benefits of UAS efficiency in terms of both service and safety.Property inspections at these areas are difficult and at times dangerous for employees to navigate,

especially when d ebris and dwelling integrity is an issue. James Thielemann Inc. , with the integration of unmanned aircraft technology into James Thielemann Inc. ’s services, will have an immediate and positive impact by providing enhanced services and experience while providing safer and environmentally efficient service by dismissing the use of manned helicopters and their emissions. This new avenue of intelligence will, in a positive way, impact the publics’ interest with a complete evaluation of their security and less of an environmental impact from manned aircraft, emissions and the fatal injuries they represent. **14 CFR Part 11.81 (e)**

– The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at lea st equal to that provide d by the rule from which James Thielemann Inc. seeks the exemption: James Thielemann Inc. requests that the exemption be granted with the following limitations and operational conditions. These limitations and conditions will provi de an enhanced level of safety and will be the guiding principles when James Thielemann Inc. is conducting operations under this exemption: A. The small unmanned aircraft (Phantom 2

- System) systems maximum takeoff weight will be les s than 10lbs. James Thielemann Inc. is willing to have its authorization restricted below the 55 lb. threshold to the operating weight of the unmanned aircraft identified. B. The UAS will not be operated directly over any person, except authorized and consenting personnel at the site or unless the UAS is at sufficient altitude not to create a hazard to other people or property on the ground. C. All flight operations will be operated at an altitude of no more than 400ft above the ground (AGL) within daylight VFR conditions an d within visual line of sight (VLOS). The UAS will be operated within VLOS of the PIC at all times. The UAS will remain clear and yield the right of way to all other manned operations and activities at all times. All operations will utilize at least one vi sual observer (VO) and the PIC and VO will be able to communicate verbally at all times. The UAS will not operate within 5 nm of any airport unless a letter of agreement with that airport’s management is obtained and the operation is conducted in accordanc e with a NOTAM, as required by a COA. All flights will be communicated to FAA Flight Service with posted NOTAMS prior to the flight(s). D. All flight operations will be conducted within line of sight of the pilot in command and visual observer(s). Maximum total flight time for each flight will be 18

- 22 minutes but all James Thielemann Inc. operations are limited to 15 minutes (68

-82% battery consumption) with a reserve of 3

-8 minutes (18

- 32% battery reserve) for return to base procedures. A “dynamic home” button on the remote control gives the PIC a one

-touch b utton return home/base action. E. Flight operations and safety briefings will be conducted prior to all planned small unmanned aircraft system flights and will be mandatory for PIC and VO. Briefings will include weather reviews, take off, landing and aircraft performance data for those real time conditions, and full pre

- and post

-flight inspections/checklists and briefings for each specific unmanned aircraft system, including the ground control station being operated and account for any discrepancies (i.e. inoperable components, items or equipment that are not covered in the relevant preflight inspection sections of the operations manual.)Before conducting any flight, the radio frequency spectrum used for the operation and control of the

UAS will comply with the FCC or other appropriate government ov ersight agency requirements. F. Any UAS that has undergone maintenance or alterations that affects the UAS operation or flight characteristics must undergo a functional test flight in accordance with the manufacturer’s recommendations. The PI C who conducts the test flight will make an entry in the UAS aircraft records of the flight. All maintenance and alterations will be properly documented in the aircraft records. James Thielemann Inc. will follow the UAS manufacturer’s aircraft/component, m aintenance, overhaul, replacement, inspection and life limit requirements. All maintenance, preventive maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS will be recorded and documented. James Thielemann Inc. will comply with all ma nufacturer safety bulletins. G. In the event of a communication lost link, the UAS will return to a specific predetermined location and once the UAS is safely recovered, all flight operations will cease until any co mmunication/data link issues are properly resolved. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in accordan ce with the operator’s manual. H. Reg arding privacy concerns, James Thielemann Inc. will coordinate all activ ities with incident command and any other public o fficials. I. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s UAS Integ ration Office (AFS

- 80) within 24hrs. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions c ontained on the NTSB Web site: www.ntsb.com . James Thielemann Inc. will suspend all flight operations until the incident, a ccident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided. **14 CFR Part 11.81 (f) A summary the FAA can publish in the Federal Register, stating: (1) The rule from which you seek t**  **he exemption Petitioner: James Thi elemann Inc.**  **14 CFR and FAA**  **regulations that James Thielemann Inc. seeks an exemption:**  14 CFR Part 21 Subpart H 14 CFR Part 91.7 14 CFR Part 91.9 (b) 14 CFR Part 91.109 14 CFR Part 91.119 14 CFR Part 91.151 14 CFR Part 91.203 (a) and (b) **(2) A bri ef description of the nature of the exemption you seek:**  James Thielemann Inc. seeks relief from the applicable parts of 14 CFR 21, 45, 61, 91 and U.S. DOT

- FAA

Air Traffic Organization Policy Notice N JO 7210.873 (6.d) as requested withi n this petition to allowJames Thielemann Inc. to safely and efficiently conduct civil UAS flight operations. This will have an

immediate and positive impact by providing enhanced services and experience while providing safer and environmentally efficient service by dismissi ng the use of manned helicopters and their emissions. This new avenue of intelligence will, in a positive way, impact the publics’ interest with a complete evaluation of their security and less of an environmental impact from manned aircraft, emissions and the fatal injuries they represent **14 CFR Part 11.81 (g)**
**– Any additional information, views or argume**  **nts available to support James Thielemann Inc.**  **’s request:** Th is exemption would allow James Thielemann Inc. to provide security services, real estate photography and Geographic Information Systems (GIS) for business, personal and communities as a whole. Additional development and operations would benefit not only James Thielemann Inc. and its comm unities, but would allow James Thielemann Inc. to serve as a partner with the FAA and others within the UAS community to advance this new and emerging technology in a safe and controlled environment. James Thielemann Inc. has demonstrated the value of our request to utilize our UAS technology and in productive and safe manner within the FAA guidelines. **14 CFR Part 11.81 (h)**
**– Request to exercise the privileges of the exemption outside the United States,**  **the reason why the petitioner needs to do so:** James Thielemann Inc. does not seek to exercise the privileges of this exemption, should it be granted, outside of the United States. Our request is strictly to be granted authority for civil UAS operations at locations within the national airspace system. Sincerely, James Thielemann Owner James Thielemann Inc.