## U.S. Department of Transportation Federal Aviation Administration Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590


# Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Submitted on 2/1/16
**By: Andrew Perric Falcon**  **Andrew .perric.falcon@gmail.com**  **3614 Mariposa St. Denver, CO 80211 (832) 538** **- 7035** 1 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...
................................................................................ 2 INTRODUCTION AND OVERVIEW
......... .. ............................................ ....................... ...3 CHARACTERI STICS OF THE UAS
..................................... .......................................... . ...4 UAS OPERATOR REQUIREMENTS
....................................................... ... .......................5 UAS OPERATING PARAMETERS
........... . ...................................... . ............................. .6 APPLICATIONS AND PUBLIC INTEREST....................................... ...............................8 SUMMARY FOR FEDERALREGISTER.......................................... ................................8 CONCLUSIONS.
................................ ................................................... ................................9 APPENDIX A: REGULATIONS REQUIRING EXEMPTION....
............................ 102 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System MPH Miles Per Hour NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SVFR Special Visual Flight Rules UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VO Visual Observer3

**INTRODUCTION AND OVERVIEW** Dear Madam/Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Andrew Perric Falcon, seeks an exemption from the Federal Aviation Regulations listed below:

 14 C.F.R. 21 , subpart H  14 C.F.R. 61.3  14 C.F.R. 61.113(a)&(b)  14 C.F.R. 61.133(a)  14 C.F.R. 91.9(b)(2)  14 C.F.R. 91. 103(b)  1 4 C.F.R. 91.105  14 C.F.R. 91.109(a)  14 C.F.R. 91.119  14 C.F.R. 91.121  14 C.F.R. 91.151(a)  14 C.F.R. 91.203(a) & (b)  14 C.F.R. 91.319(a)(1)  14 CFR 91, Subpart E (91.40 5, 91.407, 91.409, 91.417) The requested exemption would authorize Andrew Perric Falcon to conduct commercial operations using the DJI Phantom 3, DJI Phantom 2 Vision+, and DJI Phantom 2
. These applications would primarily c onsist of commercial real estate photography, aerial data acquisition, forensic engineering, pollution and conservation monitoring
. Inorder to ensure at least an equivalent level of safety to currently

a uthorized operations using manned aircraft, all operations will be subject to the strict operating requirements defined in the National Model Aircraft Safety C ode
. Additionally, this petition for exemption is supported by the information contained in the Phantom 2 Vision+ User Manual , Phantom 2 User Manual, Phantom 2 Vision Pilot Training Guide, and the Smart Flight Battery Safety Guidelines (hereafter collectively

referred to as “Manufacturer’s Operations Manuals”). All Andrew Perric Falcon UAS will be operated only by individuals who hold at least an FAA issued private, recreational, or sport pilot certificate and who have successfully completed any available UAS specif

ic training on safety

and operations. The characteristics of the UAS, detailed UAS operator requirements, and UAS operating parameters given below will ensure that all NAME UAS operations are carried out with an equivalent or higher level of safety than currently

a uthorized manned aircraft operations. The details below regarding Andrew Perric Falcon’s intended UAS applications provide clear evidence that approval of this exemption is in the public interest.4

**CHARACTERISTICS OF THE UAS**  The Phantom 3, Phantom 2 Vision+ , and Phantom 2 are all very s imilar UAS
. One exception is that the Phantom 3 and Vision+ include an integrated camera, while a third party camera can be affixed to the Phantom 2. The Phantom 2 Vision+ and Phantom 2 have a diagonal motor-to motor distance of approximately 1 4 inches. The Phantom 3 is approximately 2 7 inches across, measured diagonally and including the propellers. All three UA are constructed primarily o f frangible materials (plastic) and weigh less than 3 pounds each. The Vision+ and Phantom 2 are powered by

a 5 200 mAh 3S LiPo battery
. The Phantom 3 is powered by a 4480 mAh 4S LiPo battery
. The max flight speed of the Phantom 2 Vision+ and the Phantom 2 is approximately 34 mph, while the max flight speed of the Phantom 3 is approximately 3 6 mph
. All three UA contain an on-board GPS and an inertial measurement unit for flight stabilization and automatic failsafe return to home in case of a lost control signal. Additionally, these UAS offer geo - fencing and max altitude features to restrict the maximum vertical and horizontal distance the aircraft will fly from its home point. The Phantom 3 and Vision+ offer the added feature of displaying real time flight data, including battery status, altitude and distance from home , within the DJI App. Each UA operated by Andrew Perric Falcon for commercial use will be registered in accordance with 14 C.F.R Part 47, and will be marked in accordance with 14 C.F.R. Part 45, , Subpart C , in a size as large as practical for the size of the UA
. All UA S operated by Andrew Perric Falcon will be maintained in accordance with the manufacture ’ s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and all pertinent instructions in the user manuals. Repairs, component changes, and software/firmware updates will be recorded in the UA S ’ s maintenance log
. Maintenance log entries will include the date, UA S ID number, registration number, current UA S flight time, a description of work performed, and the name of the individual who completed the work
. Any

UAS that has undergone 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, prior to use in any c ommercial operations. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property
. The PIC who conducts the functional test flight must make an entry in the aircraft records
. The PIC prior to each flight operation as specified in the manufacturer manual and/or National Model Aircraft Safety C ode will complete a pre - flight inspection of the UAS
. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe flight. All Andrew Perric Falcon UAS will comply with all applicable manufacturer safety bulletins. Additional information on the aircraft specifications, performance limitations, operating procedures, and pre - flight inspections is contained in the attached documents. The safety and5

reliability of the DJI Phantom 2 Vision+ and DJI Phantom 2 UAS is further supported by the fact that numerous FAA exemptions have previously been approved for their use in commercial operations
. As noted above, the DJI Phantom 3 is very s imilar to these UAS and incorporates additional safety features.

**UAS OPERATOR**  **REQUIREMENTS** All Andrew Perric Falcon operators will hold at least an FAA issued private, recreational, or sport pilot certificate and will have successfully completed any available UAS specific training
. Completion of UAS safety and operation training will ensure safe operations by not allowing any PIC to operate a UAS unless that PIC has demonstrated, that he/she is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. All operators will either meet the flight review requirements specified in 14 CFR **§** 61.56 or will annually c omplete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the Phantom 3, Phantom 2 Vision+ and Phantom 2 UAS
. The individual acting as PIC of a UAS will be identified prior to any f light and will not change once the flight has begun. The PIC is the individual in operational control of the flight operation from beginning to end and is responsible for safe flight of the UA. All PIC flight hours used to demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR § 61.51(b)
. Inorder to act as PIC, all Andrew Perric Falcon UAS operators will hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.6

**UAS OPERATING PARAMETERS** In order to provide for a level of safety at least equivalent to operations conducted using manned aircraft, all Andrew Perric Falcon commercial UAS operations will be conducted in accordance with the following specific operating limitations:

 The UA may

not be operated at a speed exceeding 30 knots (34 miles per hour). Inno case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
 All operations shall be conducted in accordance with an ATO
-issued COA.
 All UA operations will occur at or below 500 ft AGL or the maximum altitude sp ecified in the COA limitations, unless the purpose of the flight is to inspect a building or structure which is taller than 500 ft. If the purpose of the flight is to inspect a building or structure which is taller than 500 ft then the max altitude of the UA will be restricted to 20 ft above the highest point of that building or structure. All altitudes must be reported in feet AGL
.  No UA will be operated within 3 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility D irectory

(AFD) or for airports not denoted with an ARP, the center of the airport sy mbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwi se permitted by a COA issued to Andrew Perric Falcon
. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
 No UA will be operated within class B, C, D or E airspace unless a letter of agreement from the controlling ATC office is obtained or the flight is otherwise permitted by a C OA issued to Andrew Perric Falcon
. The letter of agreement from ATC must be made available to the Administrator or any law enforcement official upon request.
 The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA
-issued airman medical certificate or U.S. driver’s license.
 All operating documents and a grant of exemption must be accessible during UAS operations and made available to the Administrator upon request
. If a discrepancy exists between the conditions and limitations in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the PIC must follow the procedures as outlined in the operating documents. Andrew Perric Falcon may u pdate or revise its operating documents. However, it is Andrew Per ric Falcon’s responsibility to7

track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. Andrew Perric Falcon must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If Andrew Perric Falcon determines that any u pdate or revision would affect the basis upon which the FAA granted the exemption, then Andrew Perric Falcon must petition for an amendment to the grant of exemption.
 UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
 The UA may

not be operated le ss 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.
 Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. All maintenance and alterations must be properly

documented in the aircraft records.
 Any UAS that has undergone 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.
 If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location.
 The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
 The PIC is prohibited from beginning a flight unless the UA’s battery level is at 75 % or higher
. The PIC must begin returning the UA to the designated landing area when the battery level drops below 25 %.
 Documents used by

the operator to ensure the safe operation and flight of the UAS and any 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 time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
 The UA must remain clear and give way to all manned aviation operations and activities at all times.
 The UAS may

not be operated by

the PIC from any moving device or vehicle.
 UA will not be operated directly over nonparticipating persons unless barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. UA will not be operated over any open- air assembly

of people.
 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 Integration Office (AFS
- 80) within 24 hours. Accidents will be reported to the National Transportation Safety B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.8

**APPLICATIONS AND PUBLIC INTEREST**  The requested exemption would allow Andrew Perric Falcon to operate the DJI Phantom 3, Phantom 2 Vision+, and Phantom 2 for the purposes of real estate photography, aerial data acquisition, forensic engineering, pollution and conservation monitoring. These inspections are completed on both residential and commercial properties. Use of UAS for these applications will offer significant advantages related to safety, time, and cost, therefore it is clear that grant of this exemption would be in the public interest. Current options for gathering the data which under this exemption would be collected using UA , include use of ladders, lifts, and manned aircraft. Use of ladders and lifts are inherently dangerous and result in numerous injuries each ye ar. Use of manned aircraft is ty pically not feasible and therefore valuable information remains beyond reach. Inmost cases, use of a UA is quicker and easier than any other alternative and often yields better information. Due to their small size and the fact they c arry no fuel , all three models of the DJI Phantom pose a very low risk of damage to persons or structures on the ground. Because these UA are electric powered, they

create no harmful emissions and make very little noise.

**SUMMA RY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER**  Andrew Perric Falcon requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Regulations which would allow it to operate micro UAS for commercial use: 14 CFR 21, subpart H, 14 C.F.R Sections 61.3 , 61.113(a)&(b), 61.133(a), 91.9 (b)(2), 91.103(b), 91.105 , 91.109 (a) , 91.119, 91 .121, 91.151(a), 91.203(a) &(b), 91.319(a)(1) , 91.405, 91.407, 91.409, 91.4179

**CONCLUSION S**  Andrew Perric Falcon respectfully requests that the FAA grant the exemption sought in this request. Andrew Perric Falcon believes that considering the small size and weight of the UAS, along with the UAS PIC training and certification requirements stipulated above and the strict operating guidelines proposed herein, it is clearly demonstrated that the UAS will be operated safely in the national air space (NAS) with an equivalent or greater level of safety c ompared to manned aircraft. We are prepared to modify or amend any part of this request as deemed necessary by the FAA to satisfy the need for an equivalent level of safety
. Please contact us at any time if you require additional information or clarification.

S incerely, Andrew Perric Falcon

**Andrew .perric.falcon@gmail.com**  **3614 Mariposa St. Denver, CO 80211 (832) 538** **- 7035** 10

**APPENDIX A:**  **REGULATIONS REQUIRING EXEMPTION** Andrew Perric Falcon requests an exemption from the following regulations as well as any additional regulations that may technically

a pply to the operation of the Phantom 3, Phantom 2 Vision+ , and Phantom 2 UAS : **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)**  Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the UA, its very light weight, and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety

levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the UA operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. **14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in**  **Command; Commercial Pilot P rivileges and Limitations**  The regulation provides that no person may s erve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that11

person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country

may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraf t in connection with any

business or employ

ment if: (1) The flight is only

incidental to that business or employ ment; (2) The aircraft does not carry passengers or property

for compensation or hire. Given the size, weight, speed, operational limitations, and range of the UAS , NAME proposes that operators of the UAS should not be required to hold a commercial pilot certification. I nstead, operators should be required to: Hold at least an FAA issued private, recreational, or sport pilot certificate
. All operators will either meet the flight review requirements specified in 14 CFR **§** 61.56 or will annually c omplete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the Phantom 3, Phantom 2 Vision+ and Phantom 2 UAS
. **14 C.F.R.**  **§ 91.9:**  **Civil aircraft flight**  **manual, marking, and**  **placard requirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. NAME proposes to provide an equivalent level of safety by maintaining a copy of all documents used by the operator to ensure the safe operation and flight of the UAS as well as documentation of an exemption and COA with the ground control station and accessible to the PIC during flight operations.
**14 C.F.R. §**  **91.103: Preflight action**  This regulation requires that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that f light. This information must include r unway lengths at airports of intended use, and the following takeoff and landing distance information. This regulation is not applicable due to the fact NAME UAS operations will not occur at an airfield. To provide an equivalent level of safety, the PIC will complete a preflight inspection as directed by the manufacturer’s manuals before any flight.
**14 C.F.R.**  **§ 91.109(a)**  **& 91.319(a)(1):**  **Flight Instruction** The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety will be achieved through conducting flight training within controlled environments.12

**14 C.F.R §**  **91.105: Flight Crewmembers at Stations**  The regulation states that required crewmembers must be at their stations in the aircraft during specific portions of a flight. This is not applicable since the UAS carry no crewmembers. An equivalent level of safety will be maintained by

ensuring that the PIC is identified prior to any flight and that the PIC does not change during a flight
. The PIC will maintain control of the UAS for the duration of the flight.
**14 CFR**  **§ 91.119:**  **Minimum Safe Altitudes**  The regulation provide s that over sparsely p opulated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the UA will be operating at a maximum of 500 feet AGL, these operations cannot comply with this requirement. The equivalent level of safety will be achieved given the size, weight and speed of the UAS. Additionally

the UAS will be operated in a defined and relatively small AOI
. Moreover, the UA will not be operated over any open- air assembly of persons or over any person not involved with the operation
. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface. **14 CFR 91.121**

**– Altimeter settings**  This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may b e, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;  If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;  Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level of safety, the UAS utilize a GPS system, barometric pressure sensors, and internal gy

roscopes to calculate the altitude.
**14 C.F.R.**  **§ 91.151(a):**  **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. Given the area of operation for the UAS , NAME believes that an equivalent level of safety i s achieved by

requiring at least 75 % battery p ower in order to begin a flight and requiring the UA to return to land when the battery power reaches 25%
.13

**14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** This regulation provides as follows:  No person may operate a civil aircraft unless it has an appropria te and current airworthiness certificate.  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. To obtain an equivalent level of safety and meet the intent of 91.203, Andrew Perric Falcon propose s to maintain a copy o f all documents used by the operator to ensure the safe operation and flight of the UAS as well as documentation of an exemption and COA with the ground control station and these will be available to the Administrator or any law enforcement official upon request
. **14 CFR 91,**  **Subpart E (91.40 5, 91.407, 91.409,**  **91.417) -**  **Maintenance, Prev entive**  **Maintenance, and Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy c ondition, including compliance with Parts 39 and 43. P aragraphs 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. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Andrew Perric Falcon proposes that the maintenance , as well as preflight inspections of the UAS will be accomplished by

the PIC
. All maintenance will be conducted and logged in accordance with the manufacturer’s specifications. An equivalent level of safety will be achieved because the UAS are small in size, are not complex mechanical device s , and will carry no external payload
.