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## Addendum for: (Docket No. FAA

- 2014

- 0893)

Charles J. Lesowske 16176 Foothill Loop South Sisters, OR 97759

DBA ColorPhoto

541

- 549

- 2928

541

- 693

- 4111

Request for an exemption / relief from Title 14, Code of Federal Regulations Part 21 Along with Sections: 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 . 91.119 (a) (b ) & (c)

14 C.F.R. 91.121 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. 91.417 (a) & (b)

The petitioner reques ts relief from the following regulations: Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable

.

Reason for relief : The body of the DJI Phantom is too small to support this size of markings.

Action: The UAS will be marked with the business name, contact information and word “Provisional” made as large as possible. In addition the serial number

is listed with the manufacture and searchable on the internet.Page 2 of 5

Section 61.113 (a) & (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or proper t y for compensatio n or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

Reason for rel ief : (A) & (B) The flight s are only incidental to th e b usiness of photography. This UAS is too small to carry a pilot or passenger and will not carry or deliver any personal property for hire. In addition obtaining a private pilot

certificate would be an unn ecessary requirement and/or hardship for the purpose of unmanned aerial photography.

Action: The only payload for this exemption is a camera. No other payload/payloads will be allowed.

Section 91.7 (a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition.

Reason for Relief : Airworthy condition is not defined in the Phantom FC40

manual.

Action: an airworthy Pre

- flight inspection would be checking battery

condition/level in both the transmitt er and UAS. The binding/link feature will not

let the Phantom FC40 start up if communication is not established. A check for

power

- lines, antennas and other overhead objects would be performed. Wind conditions would be monitored and be a factor for flying.

Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft unl ess there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Reason for relief: The manufacture does not have an approved Airplane or

Rotorcr aft Flight Manual

.

Action: There is a “Checklist before every flight” instruction tag attached to the body of the Phantom FC40 that will be followed.Page 3 of 5

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Ove r other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Reason for r elief: This UAS Phantom quad copter at most times would be operated at less than the minimums prescribed in paragraph (b) or (c) of this section. 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 the typical photo assignment would be photography of real

estate structures and or vacant land i t would be necessary to operate closer than

500 feet

.

Action: Operations will only be flown over property where permission has been obtained and careful pre

- planned has been performed. If/when the low battery

LED flashes the UAS will be landed in a safe manner.

D ue to the small size and weight of the Phantom FC40 , the hazar d to persons, vehicles and structures is minimal compared to manned aircraft

.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the dep arture airport or an appropriate altimeter setting available before departur e.

Reason for relief: The Phantom FC40 is not equipped with an altimeter and can hover within a 10 foot radius in all directions. There is no minimum cruising speed and it will no t be launched from an airport.

Action: The above ground level height will be less than 400 feet programmed into the firmware and never flown out of visual eye contact or at night.

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected

.

Reason for relief: There is no certified inspection facility and the Phantom FC40 will not power on if it fails the POST (pre on self test).Page 4 of 5

Action: In the event that the Phantom FC40 needed inspection for any major or intermittent problems it would be safer to replace the entire UAS.

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under section

43.7 of the same c hapter.

Reason for relief: Replacement of props, motors, and batteries should be allowed by the operator. In addition updating firmware when required should be

allowed.

Action: Parts will be genuine factory replacement. Only manufacture approved

firmwar e will be uploaded.

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the

issuance of an airworthiness certificate in accordanc e with part 21 of this chapter.

Reason for relief: There is no certified inspection facility or process for the Phantom FC40. Estimated flight times for photo shoots would be less than 20 minutes possibly 2 times a week which would be approximately 35 ho urs of flight

time.

Action: When any flight or intermittent problem become apparent and is not remedied by a simple repair the entire UAS would be replaced by the same

model or as close to the DJI FC40.

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep the following records for the periods specified in paragraph (b) of

this section:

Reason for relief: Due to the popularity, simplicity, size and limitation of the

Phantom FC40 this could become an overburden for the owner/operator and any regulating agency.

Action: All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata recorded on a hard drive and also backed up to

a DVD. This data would be kept readily available for a period of 1 year after each aerial flight for hire.Page 5 of 5

Public Interest: Granting my request would be in the public interest by giving an opportunity for real estate photographers to offer safer and more competitively pr iced aerial photography to the general public.

Adversely affect safety: This exemption would not adversely affect the safety of the general public due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from a ma nned aircraft

, low altitude photography

from a UAS would be safer and have less of an environmental impact.

Additional view/comments. As a seasoned photographer the need to offer photography from a UAS is something that will help my business and clients . I believe that the public in general would not want a thousand drones delivering packages daily, drones flying over their child’s soccer game nor over a wedding ceremony. I’m in hopes that this exemption is granted so that I can assist in the ground floor education and lead by good example for the good of the people

.

Respectfully,

Charles J Lesowske