January

1 4 , 2016 U.S. Department of Transportation Docket Management System 1200 New Jersey Av e., SE Wa shington, DC 20590

Re: Dean Schwartz dba NADM Enterprises

**- Petition for Exemption to Operate Unmanned**  **Aircraft Systems Pursuant to Section**  **333 of the F AA**  **Reform Act and Part 1**  **1 of the Federal Av**  **iation Regulations** 

Dear Sir or Madam: Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012, Pub. L. No. 1 12

- 95 (2012) (“Section 333”) and the general exemption authority of th e Federal Av iation Administration (“F AA”) under 49 U.S.C. § 44701(f), Dean Schwartz (“Petitioner”) hereby petitions for exemptions from Federal Av iation Regulations (“F

ARs”) 14 C.F .R., Part 21, 14 C.F .R. §§ 61.1 13(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2) , 91.103(b)(1), 91.1 19(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

Petitioner: Dean E. Schwa rtz dba NADM Enterprises 14624 W aterview Cir Addison, TX 75001 972

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- 7223 ed.schwartz@usa.n et**Petition Summary**

Pursuant to 14 C.F .R Part 1 1, the following summary is provided for publication in the Federal Register, should it be determined publication is needed: Petitioner requests an exemption that would allow the commercial operation of small, unmanned aircraft systems (“UAS”) weighing 55 pounds or less equipped for the purpose of creating real estate; yacht; resort; event marketing photo and video media; security; aerial inspections; education and training; performing search and rescu e operations in conjunction with law enforcement personnel. The requested exemption should be granted because operation of the proposed small UAS pursuant to the strict conditions outlined below will provide an equivalent level of safety as Congress intend ed. Petitioner will operate the following UAS: DJI Phantom 3, DJI S1000. Petitioner ’s lightweight UAS are far safer than conventional flight operations containing flight crew and passengers. Petitioner ’s UAS are small and will operate at slow speeds, close to the ground, far from airports in low

- risk, low

- population environments. They will operate only in line of sight within a restricted environment.
The PIC has held a Private Pilot's license since the early 1990's with considerable experience operating from Military as well as large and small Civilian airfields. The PIC has also held an instrument rating since March of 1995. The PIC’ s substantial experience and on going training favors granting of the exemption. Petitioner ’s UAS will carry no passenger s, have enhanced safety measures, and operate under the specific guidelines and specifications outlined herein. Accordingly , Petitioner respectfully

requests that the F

AA grant the requested exemption without delay

. The Petitioner requests exemption from the following rules: 14 C.F .R., Part 21, 14 C.F .R. §§ 61.1 13(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.1 19(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).
**Petitioner ’s**  **UAS** The requested exemption will permit the operation of the DJI Phantom 3, and the DJI S1000. The F AA has recently granted Section 333 exemptions for several DJI UAS, including the DJI Phantom 3 and DJI S1000

. Petitioner ’s UAS will be identified by serial number , r egistered in accordance with 14 CFR Part 47, and have identification (N

- Number) markings in accordance with 14 CFR Part 45, Subpart C. Markings will be as large as practicable in accordance with § 45.29(f). **Flight Conditions and Operations** The UAS will be flown in airspace under 400 feet above ground level and under controlled conditions. At least 85% of Petitioner ’s UAS operations will occur below 150 feet above ground level. If Petitioner intends to operate within five (5) miles of any active landing strip or airport, Petitioner will follow proper F AA procedure, notifying the F AA in advance of operation and when operation is complete. Petitioner ’s pilot in command (“PIC”) holds a private pilot’ s license, and a current driver's license acting with the p rivileges of a sport pilot. The PIC will always make a safety assessment of the risk of every operation and will only operate UAS when the PIC determines no undue hazards exist. The PIC will operate all UAS with instruments of first

- person - view of the UAS and maintain constant GPS communication and flight telemetry data. Either the PIC or minimum of one (1) visual observer will be required to be in line of sight of the UAS at all times to further watch for intrusions into the area from individuals and other aircraft. All visual observers have experience flying radio

- controlled aircraft. The PIC and if required , the visual observer will be in constant communication through at least one (1) of the following methods: cellular phone communication (constant open call during flight); two

- way radio communication; or verbal communication. No UAS flight will exceed line

- of

- sight distance of the PIC and visual observer at anytime.

All UAS will be flown on private property with the consent of the landowner. Petitione r will protect the privacy of all involved and non

- involved parties present during the use of the UAS. Petitioner will obtain consent and permission from any party filmed or photographed and will not film or photograph any party that has not provided conse nt. The visual observer will be on the lookout for any trespassers so all operations can be quickly stopped if an unauthorized person come within range of the operation. For each UAS use, flights will be logged in a traditional pilot log

- book. Records from each UAS use are further documented through an electronic invoice/billing system that records the date of each UAS flight and associated payments. Petitioner will follow the procedures for start

- up set forth in the manual for each UAS. Additionally

, Petit ioner will perform a site inspection before each flight to determine additional measures that may be necessary

to safely operate the UAS. Petitioner will further perform a pre

- flight communications check to make sure the PIC, visual observer, and UAS can r emain in contact.
**Public Inter est**  One of Petitioner ’s proposed uses of the UAS under this application is for search

- and

- rescue missions (“SAR”). Petitioner will contract with law enforcement personnel for UAS SAR. The UAS used in SAR operations may be e quipped with additional UAS SAR technology including heat

- scanning or infrared and night

- vision camera systems. SAR missions can be extremely costly for law enforcement with traditional fixed

- wing aircraft and helicopters. W ith Petitioner ’s UAS, small high ly maneuverable unmanned UAS will aid and support search ef

forts for a fraction of the cost, risk, and resources. The UAS SAR could also be used to “drop in” supplies, including a radio, GPS locator, medical supplies or water, to a stranded victim in an otherwise unreachable location before rescue crews are able to safely extract the victim. Petitioner ’s use of UAS in SAR operations is a valuable asset to public safety

. **Aircraft and Equivalent Level of Safety** Petitioner proposes that the exemption reque sted herein apply to UAS that have the characteristics and that operate within the limitations outlined herein. These limitations provide for at least an equivalent or greater level of safety

to operate under the current regulations. Petitioner agrees to the following limitations and conditions with conducting its commercial UAS operations under an F

AA exemption: 1. All UAS will weigh no more than 55 pounds. 2. All UAS will be operated within line of sight of the PIC and visual observer

. 3. The maximum total flight time for each UAS flight will conclude upon the earlier of thirty (30) minutes or until 25% of UAS battery remains. 4. The UAS will be operated at an altitude of no more than 400 feet above ground level. 5. The PIC will hold a pilot’ s licens e and a required medical certification. 6. The minimum crew for each UAS flight will be the PIC and if required one visual observer

. 7. The crew for each operation will at all times be able to communicate by voice or through radio or cellular devices. 8 . W ritten or oral permission will be obtained from the landowners or their authorized agents of the land over which all flights will occur

. 9. All necessary

permissions and permits will be obtained from all appropriate local governmental agencies. 10. Al l UAS will have the capability to abort a flight in case of unexpected obstacles or emergencies. 11

. All UAS will be equipped with enhanced failsafe (return

- to

- home) technology

. 12. No UAS operations will present any national security issue. 13. Petitio ner will obtain an Air Tra ffi c Organization issued Certificate of W aiver or Authorization (“COA”) prior to conducting any operations under this grant of exemption. In fulfilling the requirements of the COA,Petitioner will be required to request a Notice t o Airmen (“NOT AM”) not more than 72 hours in advance, but not less than 48 hours prior to operation. Satisfaction of Section 333’ s criteria (size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within line of sight and national security) provide an adequate justification for the grant of the exemptions requested herein allowing Petitioner ’s commercial operation of UAS for the purpose of creating real estate; yacht; resort; event marketing photo and video media; security; aerial inspections; education and training; performing search and rescue operations in conjunction with law enforcement personnel.
**St atutory**  **Authority for Exemption** Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expe dited operational authorization for the use of safe civil UAS operations in the National Airspace System (“NAS”). Specifically

, Section 333(a) states that the F AA “shall determine if certain unmanned aircraft systems may operate safely

in the national airs pace system before completion” of final rulemaking. If the Secretary of Tr ansportation determines that certain UAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in th e national airspace system. § 333(c). The F

AA A dministrator also has the general authority to grant an exemption if the Administrator finds the exemption to be in the public interest. 49 U.S.C. § 44701(f). The Federal Av iation Act (the “Act”) expressly gra nts the F

AA the authority

to issue exemptions for exempt civil aircraft, as defined by § 40101 of the Act, which includes an exemption for small UAS from the requirement that all civil aircraft have a current airworthiness certificate. **Requested Exemptio ns**  Petitioner respectfully requests relief from the following regulations: 14 C.F .R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airwo rthiness approvals. The Act and Section 333 both authorize the F AA to exempt aircraft from the requirement of an airworthiness certificate upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS. It is clear that Petitioner ’s UAS may be operated without an airworthiness certificate, in the restricted environment and under the conditions proposed in a manner as safe or safer than a conventional aircraft operating with an airw orthiness certificate without the restrictions and conditions proposed. The small UAS to be operated hereunder (i) are less than 55 pounds fully loaded, (ii) carry neither pilot nor passengers. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by

both the operator and in compliance with local public safety requirements. The F AA will have advance notice of all operations. Application of these criteria demonstrate there is no credible threat to national se curity

posed by the UAS based on its size, speed and location of operation, lack of explosive materials, and inability to carry a substantial external load.
61.1 13(a) and (b) prescribes that “no person who holds a private pilot certificate may act as a p ilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft,” and that “a private pilot may , for compensation or hire, act as pilot i n command of an aircraft in connection with any business or employment if (1) The flight is only incidental to that business connection with any business or employment if (1) The flight is only

incidental to that business or employment; and (2) The aircraf t does not carry passengers or property for compensation or hire.”61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a provision that

limits the ability to act as PIC of an aircraft for compensation or hire to p ersons holding a commercial pilot certificate. Petitioner ’s UAS operations will be limited to restricted conditions and a controlled environment. The PIC will hold his private license, giving him extensive knowledge based on his experience and the exams and courses required to obtain his pilot’ s licenses. Additionally , while the UAS will be operated in connection with Petitioner ’s business, no passengers or car go will be transported. Petitioner believes these factors warrant relief from 61.1 13 (a) and (b) and 61.133(a). 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. As there will be no airworthiness certificate issued for the UAS should this exemption be granted, no standard will exist for determining airworthiness. Petitioner will keep all UAS maintenance and safety information at the pre

- determined ground station, where it will be readily accessible to the PIC and visual observer . Based on the documents available at the ground station, the PIC will b e able to make a determination as to the airworthiness of the UAS. 91.9(b)(2) prohibits the operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual mat erial, markings, and placards, or any combination thereof. Based on the F

AA ’s Memorandum dated August 8, 2014, Petitioner does not believe exemption from 91.9(b) or 91.203(a) and (b) is necessary . However, to the extent the F AA deems an exemption from th ese sections necessary for Petitioner ’s proposed operations, such exemptions should be granted. Petitioner ’s UAS are too small to safely carry the required manuals and placards. Additionally , as the UAS are unmanned, the manuals and other required informat ion is more useful to the PIC at ground control. 91.103(b)(1) prescribes, in pertinent part, that each PIC shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— (a) For a fl ight under instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the PIC has be en advised by air traf fic control (A

TC); (b) For any flight, runway lengths at airports of intended use, and the following takeof f and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containin g takeof f and landing distance data is required, the takeof f and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, rel ating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Petitioner will comply with all applicable requirements of 91.103(a) and (b) and requests relief from 91.103(b)(1) . The PIC will review weather, flight and battery requirements, UAS performance data, and appropriate landing and takeof f distances before each flight. Any risks presented will be mitigated by the PIC’ s ability

to see all nearby

air traf fic and activate th e UAS return

- to

- home procedures if necessary

. 91.1 19(c) prescribes that, “[e]xcept when necessary for takeof f or landing, no person may operate an aircraft below the following altitudes: . . . (c) Over other than congested areas. An altitude of 500 feet a bove 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.” Due the nature of Petitioner ’s UAS activities filming and photograph ing, Petitioner requests relief from 91.1 19(c) with respect to participating persons, vehicles, and structures directly involved in Petitioner ’s operations. Each UAS manual sets forth safety factors that will be used to ensure safe operation when in proxim ity to consenting participants. Petitioner will ensure that no UAS are operating within 500 feet of non - participating persons. 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimete r that is set “to the elevation of the departure airport or an appropriate altimetersetting available before departure.”

Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude information is provided to the UAS PIC through a digitally encoded telemetric data feed, which downlinks from the aircraft to an on

- screen display on the ground. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC. 91.151 prescribes, in pertinent part, that “(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

— (1) During the day

, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.” 91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is running low

. Petitio ner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to safely land when little battery remains. The UAS are not propelle d by fuel and will operate only within the safety constraints of the UAS battery life. 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it “(1) an appropriate and current airworthiness certificate [. . . and] (2) an ef fective U.S. registration certificate issued to its owner or, for operation within the United S tates, the second copy of the Aircraft Registration Application as provided for in § 47.31(c).” 91.203(b) prescribes, in pertinent part, that “no person may operate a civil aircraft unless the airworthiness certificate 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.” 91.405(a) requires, in pert inent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as p rescribed in Part 43 of the chapter

. 91.407(a)(1) prescribes that no person may operate any aircraft that has under gone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorize d under § 43.7 of the same chapter. 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 months, it has had an inspection for the issuance of an airworthiness certificate in accordance with Part 21 of the same chapter

. 91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator “keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenanc e, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller , rotor, and appliance of an aircraft. The records must inc lude

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to s ervice. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor . (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. ( iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspecti on program under which the aircraft andits appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety directive number and revision da te. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year a fter the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.1 1 shall be retained until the defects are repaired and the aircraft is approved for return to service.” Petitioner will comply with safety and maintenance procedures included in all UAS manufacturer ’s instructions and operating manuals. If necessary , Petit ioner will develop and document additional maintenance protocols to ensure the highest level of safety . Therefore, Petitioner ’s exemption from 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted.
**Conclusion** This Petition f

or Exemption demonstrates the appropriate safeguards and criteria that Congress articulated in Section 333 including weight, speed, operating capabilities, proximity to airports, operation within VLOS and national security concerns. The proposed UAS operat ions will benefit the public as a whole by reducing human exposure to the risks associated with manned aircraft performing the activities. The public will also benefit from Petitioner ’s search and rescue operations. In consideration of the foregoing, this Petition for Exemption provides the F AA with more than adequate justification to allow commercial operation of Petitioner ’s small UASs for the purpose of creating real estate; yacht; resort; event marketing photo and video media; security; aerial inspectio ns; education and training; performing search and rescue operations in conjunction with law enforcement personnel. We appreciate y our prompt consideration of our requested exemptions. Should you have any questions, or if you need any

additional informatio n to support the requested exemptions, please do not hesitate to contact the undersigned.
Respectfully submitted,

Dean E. Schwartz dba NADM Enterprises 14624 W aterview Cir Addison, TX 75001 972

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