**Scott W. Robinson -**  **Section 333 Exemption Petition**

1 **Scott W. Robinson -**  **Section 333 Exemption Petition**

2/19/2016
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE W ashington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1 ); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam : I, Scott W. Robinson, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Scott W. Robinson, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ( “FARs”) listed below so that I, Scott W. Robinson, may operate my small ultra
- lightweight Unmanned Aircraft S ystem (“UAS”) in commercially regulated airspace by the Federal Aviation Administration (“FAA”). Following exemption and approval by the FAA, I, Scott W . Robinson, will primarily use my professionally built **DJI Phantom 3 Professional**  UAS ( equipped with cameras ) for the following applications: a ugmentation of real estate listing videos, data collection, the creation of visual and topography layout videos for Sea rch and Rescue (SAR) missions, building and construction zone inspections. My exemption request would permit the operation of ultra

- l ightweight, unmanned (i.e. piloted by remote control) UAS’s for the development of community and government use videos, permissible within property boundaries for individual homeowners and withi n tightly controlled, limited airspaces

. P redetermined in area s away from the general public , airports, heliports and vehicular traffic. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. Furthe rmore, it is my intent to assist future FAA safety protocols and regulations exclusive to lightweight UAS's for specific video and photography usage by sharing information with the FAA as I, Scott W. Robinson, record flight data and other pertinent information gained through permitted flight operations. In addition, granting my exemption request will comply with the Secretary of Transportation’s (FAA Administrator’s) instructions to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems (UAS's) in the national airspace system” . This under Section 333(c) of the Reform Act specific to th e use of UAS's for real estate/realtor purposes, educational videos, Search and Rescue, land/trusts inspections, agricultural field monitoring, film/video**Scott W. Robinson -**  **Section 333 Exemption Petition**

2 productions, closed
- set motion picture film operations and television, and structure inspections, to aid state and local agencies. Further, I will conduct my operations in compliance wi th the protocols described herein or as otherwise established by the FAA. For the reasons stated below, I, Scott W . Robinson, respectfully request the grant of an exempti on allowing me to operate ultra
- lightweight, remote controlled UAS’s to aid academi c community awareness, to benefit/stimulate attraction to the greater Santa Barbara area and to enhance personal and public video feeds. A grant that will ultimately allow UAS’s to play a more positive role in our local community by increasing employment opportunities, heightening security measures and decreasing government expenditures by reducing the need for heavier manned aircraft, containing costly, combustible fuel

- a potential public hazard

. **I. Contact Information:** Scott W . Robinson, 912 N. Alisos St. Santa Barbara CA, 93103 Phone: 805
- 896
- 7725 Email: abovesantabarbara@gmail.com **II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Scott W. Robinson**  **Requests Exemption are:** 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). **III. The Extent of relief Scott W. Robinson**  **Seeks and the Reason He Seeks Such Relief:** I, Scott W. Robinson, submit this application i n accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, Scott W . Robinson, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My ultra
- lightweight UAS meets the definition of “small unmanned aircraft” a s defined in Section 331; therefore, the integration of my ultra

- lightweight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra
- li ghtweight UAS prior to the time

- period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include; the weight, size, speed and overall capabilities of the UAS's; whether the UAS will be operated near airports or heavily populated areas and whether the UAS will be o perated by line of sight. 112 P.L. 95 § 333 (a).**Scott W. Robinson -**  **Section 333 Exemption Petition**

3 Each of these items reflect in favor of an exemption for me, Scott W. Robinson. My UAS’s utilize eight (8) or less rotating propellers for balance, control and stability. My UAS’s are equipped with the following via video and data telemetry: 1) Altimeter 2) Attitude indicator 3) Ground Speed indicator 4) Magnetic compass 5) Head ing indicator 6) Vertical speed indicator 7) Course deviation indicator 8) Radio magnetic indicator 9) GPS location 10) Battery consumption and Battery Left with approximate time. 11) Loiter and circle mode. 12) Auto safety or RTL (Return To Launch) 13) Auto landing technology. My UAS weighs less than six (6) pounds (far be low the maximum 55
- pound limit), i nc luding a camera with a gimbal (a camera stabilizer). I, Scott W . Robinson, consider safety as foremost with each flight. My small
- unmanned a ircraft is designed to hover in place, circle in a specific place or loiter via GPS and can be operated in winds up to 30.4 knots (35mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 21.7 knots (25 mph). Built in safety systems include a GPS mode that allows my UAS to hover/circle in place or land when radio controls are released. Wi th three (3) modes to choose from, I will fly with the modes safest to complete the videos for aerial videography/photography and have the ability to choose the safest, most reliable and stable mode to prevent accident and hazard. Wh en pilot communication from the radio control is lost, my UAS is designed to slowly descend to point of takeoff and or to land at point of launch after ascending to a pre
- set altitude to ensure the UAS will clear any obstacles that may be between the takeoff point and the current position of the UAS. This failsafe altitude will not be set more than 200ft and is determ ined before each flight. I, Scott W. Robinson, will not operate my UAS near airports, hospitals nor police heliports, and do not operate near areas where the general public is within fifty to one hundred (50

- 100) yards depending on location, conditions a nd weather. I am constantly on alert for any manned aircraft (police/medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or should I suspect manned aircraft may approac h near my location. My UAS is capable of vertical and horizontal operations, and is flown only within my line of sight, as t he remote control pilot. My UAS is also flown with a second operator who aids in watching for any obstacles, including ma nned aircraft, within the flight zone of the UAS. Utilizing battery power rather than combustible fuels, fligh ts generally last between ten (10) and fifteen (15 ) minutes, with an altitude und er one hundred fifty (150) feet. Three (3) Smart Mode s include , position hold, self

- leveling, altitude command, GPS, return home feature, and safety control to return home or land in the event of communication interruption between RC transmitter and UAS.**Scott W. Robinson -**  **Section 333 Exemption Petition**

4 I, Scott W. Robinson, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to twenty three (23 ) minutes as tested. I do not operate my UAS at or below manufacturer recommend minimum charge levels for operation; preferring to remain well wi thin a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash that co uld create hazard to the public, property or manned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety. I, Scott W. Robinson, am extremely cautious when operating of my UAS/ultra

- lightweight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b ). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. My UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security. **IV. Ho w**  **Scott W. Robinson ’s Request Will Benefit the Public as A**  **Whole:** Aerial videography for geographical awareness, education, search and rescue, l and management, structure inspections and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies, average homeowners and property owners the expense of such aerial videograph y is cost prohibitive. Only large companies and high
- end realtors or luxury homeowners can afford to absorb such expense, consequently depriving non
- luxury owners and lower budget companies from a valuable marketing tool. Manned aircraft pose a threat to t he public throu gh potential catastrophic crash, something that the Santa Barbara community has experienced in the past . Numerous crashes of light aircraft and helicopters have sadly resulted in loss of life. A large contributing factor in these fatal acci dents is combustib le fuel that exploded and burn ed on impact. My UAS ’s poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest (i.e. to integrate commercially flown UAS's into the national airspace system ) , hence the passing of the Reform Act. Granting my exemption request furthers the public interest through academic/visual awareness of the geographical b enefits in and around the greate r Santa Barbara area. My ultra
- lightweight UAS is battery powered and creates no emissions that can harm the environment. Th e consequence and likelihood of my ultra

- lightweight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic ecological, economic as well as physical devastation to the public. It is for these reasons i t is in th e public’s interest to allow my battery operated ultra
- lightweight UAS the exemption. Permitting me to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for Santa Ba rbara and the surrounding community for companies and individuals alike looking to relocate or build in or around the Santa Barbara area
. Both of these serve as a stimulus to the community.**Scott W. Robinson -**  **Section 333 Exemption Petition**

5 **V. Reasons Why Scott W. Robinson**  **’s Exemption Will Not A** **dversely Af**  **fect Safety**

**or How the Exemption Will Provide a Level of Safety**  **A t Le**  **ast Equal To Existing Rule:** My exemption will not adversely affect safety. Quite the co ntrary, for the reasons stated. P ermitting me, Scott W. Robinson, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and i mplementation of new, novel and, as of yet , und iscovered safety protocols for realtors, land and structure owners (developed in cooperation with the FA A). In addition, I submit the following representations of enhancements to current aerial videography and photography: M y UAS’s weigh less than six (6 ) pounds complete with an integ rated ultra
- light weight camera

. I only operate my UAS below 200 feet (well within the 400

-foot permissible ceiling set by the FAA Modernizat ion and Reform Act of 2012)

. M y UAS only operate s for ten (10) to fifteen (15) minutes per flight. I land my UAS prior to the manufacturer’s recommended minimum level of battery power. I pilot my UAS through remote control only by line of sight; and have live video feed for a secondary pilot to monitor the video recording. I receive a live telemetry feed from my UAS during all flights that include remaining battery voltage, distance, a ltitude, and any anomali es that may occur during flight. My UAS’s Command and Control utilizes spread spectrum 2.4Ghz

- 2.485Ghz frequencies in accordance with CFR 47, Part 15 for model aircraft use. My UAS’s camera system utilizes 5.725Ghz

- 5.875Ghz fre quencies in accordance with CFR 47, Part 15. My UAS’s have a GPS controlled flight controller

- a flight s afety feature whereby the aircraft hovers or circles then lands at the GPS takeoff point if communication with the remote control pilot is lost. I actively record and analyze flight data through the DJI phantom 3 Flight C ontroller app lication to constantly update and enhance safety protocols. I only operate in a reasonably safe environment that is strictly controlled, and is awa y from power lines, e levated lights, airpor ts and actively populated areas. I conduct extensive preflight inspections and protocol, during which safety carries primary importance. I always obtain all necessary permissions prior to operation. I have procedures in place to abort flights in the event of safety breaches or potential danger. My safety protocols provide a level of safety equal to or exceeding existing rules. **VI. A Summary** 

**the FAA**

**May Publish in the Federal Register:**  14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Cer tificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and enclosed o perational area of my UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement und er both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airp orts and dense populations. My current and projected UAS's meet or exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.**Scott W. Robinson -**  **Section 333 Exemption Petition**

6 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplica ble. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9 565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor or controlled GPS “geofencing” 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrat ions by me, Scott W . Robinson

. B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS can be marked with the appropriate “N” number once this “N” num ber has been given. C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non - commercial operations. T he UAS Pilot in Command must possess at least a sport pilot cert ificate and a driver's license. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in which the PIC is rated on his/her pilot certificate as outlined in 14 C.F.R. § 61. D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 feet AGL: safely below the standard of 400 AGL. I, Scott W. Robinson, will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.1,2, Manual The above
- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”These Regulat ions only apply to aircraft with an airworthiness certificate. T herefore , they will not apply to me, Scott W . Robinson, i.e. my UAS. However, as a safety precaution I inspect my UAS before and af ter each flight. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary a irworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of**Scott W. Robinson -**  **Section 333 Exemption Petition**

7 legislation permit the FAA to exempt UAS's from the airworthiness certificate requirem ent in consideration of the weight, size, speed, maneuverability and proximity to a reas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. In summary, I, Scott W . Robinson, seek a n exemption from the following regulations:14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.20 3(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my small unmann ed, lightweight aircraft for community awareness, education, structural inspection land management, search and rescue and real estate marketing operations. Additionally to develop economic platforms for the aforementioned to enhance the experience of those seeking to relocate, rebuild and reevaluate in the greater Santa Barbara area.
**VII. Ad**  **ditional FAA**

**Required Operating Conditions and Limitations** Wh en not covered elsewhere in this Operations Manual, the following conditions and limitations apply: 1. The UA must weigh less than 55 pounds (25kg), including energ y source(s) and equipment 2. The UA may not be flown at a speed exceeding a ground speed of 85 knots. 3. Flights must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operator's manual. All altitudes reported to ATC must be in feet AGL. 4. The UAS 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 state driver’s license. 5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 6. I f a discrepancy exists between these limitations and any procedure outlined elsewhere in this operations manual, the conditions and limitations herein take precedence and must be followed. 7. Prior to each flight, the PIC must inspect the UAS to ensure 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. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any UAS that has undergone maintenan ce or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator's manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight.**Scott W. Robinson -**  **Section 333 Exemption Petition**

8 9. The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. Wh en unavailable, aircraft maintenance/componen t/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator's manual. At a minimum, the following must be included in the operator's manual: a. Actuators / Servos b. Transmission (single rotor) c. Powerplant (motors) d. Propellers e. Electronic speed controller f. Batteries g. Mechanical dynamic components (single rotor) h. Remote command and control i. Ground control station (if used) j. Any other components as determined by the operator 10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a current state driver’s license. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. 11. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 200 flight cycles a nd 25 hours of total time as a UAS rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisf y this requirement. Training, proficiency, and experience

- building flights can also be conducted under this grant of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience
- building flights, all pers ons not essential for flight operations are considered non

participants, and the PIC must operate the UAS with appropriate distance from non

- participants in accordance with 14 CFR § 91.119. 12. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption an d three take
- offs and three landings in the preceding 90 days. Training, proficiency, experience building , and take
- off and landing currency flights can be conducted under this grant of exemption to accomplish the required flight time and 90
- day currency. During training, proficiency, experience

- building, and take
- off and landing currency flights, all persons not essential for flight operations are considered non

- participants, and the PIC must operate the UAS with appropriate distance from non

- participants in accordance with 14 CFR § 91.119. 13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual observer (VO) must have successfully completed a qualification process, as outlined in the operator’s manual. As this is a req uirement stipulated by the operator, the test must be developed and implemented by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available to the Admin istrator upon request.**Scott W. Robinson -**  **Section 333 Exemption Petition**

9 14. Prior to operations conducted for the purpose of motion picture filming (or similar operations), a flight demonstration, administered by an operator
- approved and
-qualified pilot must be successfully completed and documented. This documentation must be ava ilable for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and a pproval of company- designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual. 15. The UAS may not be operated directly over any person, except authorized and consenting production personnel, below an altitude t hat is hazardous to persons or property on the surface in the event of a UAS failure or emergency. 16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for authorized and consenting production personnel. At a ll times, those persons must be essential to the closed
- set film operations. Because these procedures are specific to participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is necessary for reductions to the distances specified in the petitioner’s manuals. This is consistent with the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate of Waiver for Motion Picture and Television Filming

. 17. Regarding distance from non

- participating persons, t he operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such ba rriers may protect non
- participating persons (observers, the public, news media, etc.) from debris in the event of an accident. This is also consistent with the same FAA Order 8900.1, V3, C8, S1. 18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre
- determined location within the security perimeter and land or be recovered in accordance with the operator’s manual. 18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the security perimeter and land or be recovered in accordance with the operator’s manual. 19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 20. Each UAS operation must be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first. 21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations u nder this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures must be added to the operator’s manual. 24. Each U AS operated under this exemption must comply with all manufacturer Safety Bulletins. 25. The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual.**Scott W. Robinson -**  **Section 333 Exemption Petition**

10 26. The preflight inspection section in the operator’s manual must be amended to include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’ s manual. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. At least th ree days before scheduled filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming. The 3
- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights b. Name and phone number of the person responsible for the UAS filming production under this grant of exemption c. Name and phone number of th e person responsible for the on

- scene operation of the UAS. d. Make, model and serial or N
- number of the UAS to be used e. Name and certificate number of the UAS PIC's involved in the filming production event f. A statement that the operator has obtai ned permission from property owners and/or local officials to conduct the filming production event, the list of those who gave permission must be made available to the inspector upon request. g. Signature of exemption

- holder or representative h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation 29. The documents required under 14 CFR § 91.9 and § 9 1.203 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. 30. The UAS must remain clear and yiel d the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 31. UAS operations may not be conducted during night, as d efined 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. 32. The UAS cannot be operated by the PIC from any moving device or vehicle. 33. The UAS may not be operated less 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. 34. The UAS may not operate in Class B, C, or D airspace without written approval from the FAA . The UAS may not operate within 5 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 a ccordance 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. 35. Any incident, accident, or flight operation that transgresses the lateral or vertica l boundaries of the operational area as defined by the applicable COA must be reported to the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (N TSB) per instructions contained on the NTSB We b site:**Scott W. Robinson -**  **Section 333 Exemption Petition**

11 www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided. Currently, the aforementioned aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating p otential public risk flying to and from established airfields. I, Scott W . Robinson, have been informally analyzing and recording flight information and will compile safety protocols and the implementation of a flight operations manual for usage that excee ds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no perso nnel on board my UAS and therefore the likelihood of death or serious bodily injury i s significantly diminished. The operation of my U AS, weighing less than six (6 ) pounds and traveling at lower speeds and within limited areas low to the ground will provid e an equivalent level of safety as that achieved under current FARs. Accordingly , I, Scott W. Robinson, respectfully request that the FAA grant my exemption request. I am willing to cooperate in sharing information to benefit the FAA, the safety of manned aircraft, and the general public at large. Respectfully submitted,

Scott W . Robinson 912 N. Alisos St. Santa Barbara CA, 93103 805
- 896
- 7725 **Ap pendix A**  **My Ai**  **rcraft** 

### Make and Model Description Serial Number FAA UAS

Certificate Number DJI Phantom 3 Professional Electric Powered, 4 Rotor Small Unmanned Multirotor H elicopter P76DCH280 10469 FA3W CWYAKR**Scott W. Robinson -**  **Section 333 Exemption Petition**

12 **Ap pendix B**  **DJI Phantom 3** The operation of the DJI Phantom 3 system is as follows. **1. Build Materials** I. Plastic II. Aluminum **2. Motor Configuration** I. The Phantom 3 flight in a four motor quadcopter setup. **3. Pay load**  I. The Phantom 3 ’s own integrated camera. II. Maximum All
- up W eight
- 4lbs **4. Maintaining the Phantom 3** I. Before e ach flight 1. Check all hardware to ensure it is securely tightened. 2. Check that the motor is level and locked in place. 3. Check the propeller to ensure it is tight and there are no visible signs of cracks or stress

. 4. Check all wiring to motors, motor controllers, batteries, and flight contro ller for signs of damage, stress or needed maintenance

. 5. Check all navigational lighting to ensure it is properly working. II. After 45 hours of flight 1. Remove and check all motors and motor mounts and propellers fo r signs of wear and tear. Replace as necessary. 2. Remove motor controllers and visually inspect and check for damage. Replace as necessary. 3. Remove flight controllers and visually inspect and check for damage. Replace as necessary. 4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying. 5. Check for updates to flight controller firmware. If available, install and perform a minimum of 15 test flights before conducting commercial work. **Ap pendix C**  **Personal P r** **otocols/Controls/Flight Manual/ Protocols and Controls** 

**Personal Contact Information** Scott W . Robinson, 912 N. Alisos St. Santa Barbara CA, 93103 Phone: 805
- 896
- 7725 Email: abovesantabarbara@gmail.com**Scott W. Robinson -**  **Section 333 Exemption Petition**

13 Safety for public on the ground as well as manned airc raft above is an essential and utmost consideration for aerial videos and photography. As such, safety protocols and controls are implemented through Pre
- Flight, In
-flight and Post
- Flight Protocols. **Pre -**  **Flight Protocol**

1. Check batteries with voltage meter to insure fully charged and ready for use. 2. Inspect batteries for damage or leakage that may affect proper operation. 3. I nspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or unmanageable/uncontrolled flight. 4. Check all GPS and Telemetry connections prior to flight. 5. Check weather forecasts for wind advisory or other conditions that my impact flight. 6. Consult Sky Vector aeronautical Charts (Skyvector.com) for airport vicinity and flight paths of possible air traffic. 7. Contact respective airport to advise of estimated flight time, estimated flight duration, estimated elevation of flight, and any other pertinent information. **Inspect flight A rea F**  **or:**

1. The proximity of

public safety helipads/heliports

. 2. The proximity of

medical helipads/heliports. 3. The proximity light poles or utility wires

. 4. The proximity of

trees or flocks of birds that may cause interference and potential flight impact

. 5. The proximity of

any elevated obstructions that may pose potential flight hazard

. 6. The proximity of

roadways with moderate to heavy traffic that can be distracting. 7. Public gathering that may attract viewers. 8. Optimal point of control for best visual site of UAS while in flight

. 9. Emergency landing areas

. **Takeoff and L anding** 

1. Inspect area for best and safest point of takeoff and landing

. 2. If in a subdivision or area that is within 150 feet of a residential street, post warning s ign(s)/stand(s) "Attention Aerial Photography In Progress
- Remain Back 150 Feet”. **Flight Protocol:**

1. T akeoff and land from same location (have alternate landing areas in case of emergencies) remain alert to birds, sound or aircraft, curious pu blic, and approaching vehicles. 2. D o not allow anyone to engage in conversation or distract the remote control pilot. 3. Restrict fli ght to minimal elevation suffici ent to acquire desired results. 4. Remained prepared for emergency landing at all times

. 5. P ay attention to flight time

– warning meter for low voltage. 6. Set voltage meter alarm for low voltage and flight timer as a safety alert

. 7. L and UAS and shut down propulsion immediately following lan ding.**Scott W. Robinson -**  **Section 333 Exemption Petition**

14 8. Remove or disconnect batteries

. **Post flight:**

1. Disconnect battery to prevent accidental activation of propulsion system

. 2. Secure UAS in a safe location

. 3. Remove all warning signs from public access areas

. **Immediately**

**Land the UA S if A** **ny**

**of the Following Events Occur** 1. Manned aircraft is heard or seen in vicinity of flight

. 2. There is a public gathering within established safety boundary wanting to observe flight

. 3. Pilot is being distracted from focusing on flight and safety

. 4. Sudden change in weather (wind bursts)

. 5. Sudden increase in vehicular traffic in vicinity of flight

. 6. Birds enter into proximity of flight

. 7. Any sudden unsafe event that can cause collision, distraction or interrupti on of control

. Safety for public on the ground as well as manned aircraft above is an essential and of utmost consideration for aerial videos and photography. Ma intaining a record of safe flight for FAA request and for determining future UAS safety protocols is imperative. **Flight Log**


### Flight **& Safety Log**  Client: Phone Number: ( ) Client Present:  Yes  No Pilot in Command: Spotter/Assistant: Date: / / Location: Pre
- Flight Inspection Complete:  Yes  No Com m ents: Elem ents: Nearest Airport: Airport Notified:  Yes  No Proximity to Airport: Ta ke Off Time: Final Landing Time: Total Time at Location: Type of Aircraft: Make of Aircraft: Model of Aircraft: Nearest Major Intersection: Proximity to Medium Traveled Road: Proximity to Heavily Traveled Road: Proximity to Congested Population: Visibility:  Good  Fair  Poor Comment: We ather:  Good  Fair  Poor Comment: Location Neighbors Notified:  Yes  No Notice To Airman Filed:  Yes  No Wi nd Speed: (average MPH) Wi ng Gusts: (MPH) Te mp erature at Takeoff: Safety Concerns:

Additional Comments:

------------------------------------------------------ ------------------------------------------------------ Pilot in Command Spotter/Assistant**Scott W. Robinson -**  **Section 333 Exemption Petition**

15 **Ap pendix D**  **Ai rcraft**  **Manuals**

1. Phantom 3 Professional Manual V1.6 2. Phantom 3 Intelligent Flight Battery Safety Guidelines V1.6 (EN) This Appendix includes UAS manufacturer's user manual , maintenance instructions, and illustrated parts catalogs

. The manual contains i nformation regarding design, aircraft performance, fail

-safe features, operating limitations, norma l and emergency procedures, maintenance and inspect ion procedures. The manual (in PDF format) is attached to this docket. For more information or questions ab out this manual, please contact: Scott W . Robinson, 912 N. Alisos St. Santa Barbara CA, 93103 Phone: 805
- 896
- 7725 Email: abovesantabarbara@gmail.com