# Billy M Davison 7810 Buckwood Road Newalla, Ok 74857 Phone: (405) 570-8559 Fax: (405) 386-5592 Email: billydavisonphotography@gmai l.com
July 01,2015 U. S. Department ofTransportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Request for exemption under Section 333 from 14 CFR Part 21 , Subpart H; 14 CFR61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.119 (c) ; 14 CFR 91.121 ; 14 CFR 91.151; (a); 14CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 CFR 91.409 (a)(l) ; 14 CFR 91.409 (a)(2) ; 14 CFR91.417 (a) and (b) Dear Sir or Madam: In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 and 14CFR Part 11, I, Billy M Davison ("Petitioner") hereby applies for an exemption from the listedFederal Aviation Regulations ("FARs") to allow commercial use ofSmall Unmanned AircraftSystems (" SUAS"), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section333. An exemption is being requested because (1) existing regulations will burden the Petitioner,(2) Petitioner can provide a level of safety that is equal (or greater than in many cases) tothose provided by existing rules and (3) the request is in the public interest. The FAA' s authorityto issue exemptions from operating rules, and the Secretary's authority granted by Sectionof P.L.112-95 , Special Rules for Certain Unmanned Aircraft Systems provide an opportunityto authorize certain SUAS operations in the National Airspace System ("NAS " ) prior to implementation ofthe SUAS rule. This incremental step will allow the Petitioner' s SUASsto safely and legally enter into the NAS. As described in detail below, the requested exemption would permit the Petitioner to operate SUASs under controlled conditions in airspace that is (1) limited, (2) predetermined, (3) controlled as to access, and (4) would provide safety enhancements to the already safeoperations ofthose aircraft ofsimilar size, weight, speed, and operating capability that have beengranted entry into the NAS via the rules in the Academy ofModel Aeronautics (AMA) NationalAircraft Safety Code 1• Approval ofthis exemption would thereby greatly enhance safety and fulfill the Secretary ofTransportation' s (the Secretary responsibilities to "
...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system") per Section 33 3 (c)of

1 See the attached "AMASafteyCode.pdf' document.the Reform Act. Billy M Davisonl2 Section 333 Exemption Petition



### Petitioner is requesting exemption from the following regulations: 14 CFR Part 21, Subpart H 14 CFR 61.23 (a) 14 CFR 61.113(a) and (b) 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR 91.407(a) (1) 14 CFR 91.409(a) (2) 14 CFR 91.417(a) and (b) This exemption application is expressly submitted to fulfill Congress' goal in passingSection 333 (a) through (C) ofthe Reform Act. This law directs the Secretary to considerwhether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination,the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe NAS, to the public, or pose a threat to national security. Section 333 ofthe reform Act grants the Secretary authority to determine (1) ifan unmanned aircraft system, as result ofits size weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight (VLOS) does not create a hazardto users ofthe NAS or the public or pose a threat to national security, and (2) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under 49 USC 44704 is required for the operation ofcivil (non-governmental) UASs. Therefore, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system?

2 The Petitioner interprets this provision to place the duty on the Secretary to not only process applications for exemptions under section 333 ofthe Reform Act, but for the Secretary to craft conditions forsafe

### Operational Overview Billy M Davisonl3 Section 333 Exemption Petition
Currently, unmonitored amateur hobbyists with no safety plan or controls in place toprevent catastrophe legally operate similar lightweight, remote controlled SUASs. The Petitionerhas personally instilled safety protocols and controls to further avoid and prevent public hazard, as well as manned aircraft hazards and catastrophe. The Petitioner's current and anticipated SUASs are quad copters, weighing 5 or fewerpounds (including payload). The SUASs have the capability to hover and move in the vertical and horizontal planes simultaneously. They will operate only in visual line ofsight (VLOS) andwill operate only in tightly controlled and limited airspace. They are capable ofoperating atspeeds ofup to 30 knots, but will be routinely operated at much lower speeds. They will beoperated below 400 feet above ground level (AGL), and never above 400 feetAGL. The Petitioner's exemption request would permit commercial operation ofthe Petitioner' sSUAS for commercial aerial photography and videography in tightly controlled and limitedairspace. Aerial photography and videography services will be offered to individuals, business owners, homeowners, realtors, home builders, contractors and /or home inspectors for use in,promotional aerial photography and videography, real estate marketing and safer inspections ofhome exteriors. All operations will be conducted on private and/or controlled access property andwith the written and/or oral permission ofthe property owner(s)/operator(s). Operation will alwaysbe conducted in areas that are clear ofall people, except the pilot in command (PIC), the PIC's helper(s) and individuals that are directly involved in the photography /videographyproduction. Such operation will ensure that the SUAS will "not create a hazard to users ofthenational airspace system or the public". 3 Granting the Petitioner's request comports with the Secretary ofTransportation' s (FAA Administrator's) responsibilities and authority to not only integrate SUAS's into thenational airspace system, but to "
...establish requirements for the safe operation of such aircraftsystems [SUAS's] in the national airspace system" under Section 333(c) ofthe Reform Act specific tothe use ofSUAS's for Cinematography/Photo purposes. Further, the Petitioner will conduct operations in compliance with the protocols described herein or as otherwise established bythe FAA. For the reasons stated below the Petitioner respectfully request the grant ofan exemption allowing the Petitioner to operate ultra lightweight, remote controlled SUAS's for community awareness to benefit/stimulate attraction to the Oklahoma City area and to enhance realestate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both ofwhich will promote local economic growth through increased employmentand increased tax base
. Both with public safety in mind by keeping heavier mannedaircraft containing combustible fuel that poses potential public hazard.

operations ofSUAS, ifit should be determined that the conditions setforth herein do not fulfill the statutory requirements for approval. 3 Reform Act Section 333 (b)

### Aircraft Billy M Davisonl4 Section 333 Exemption Petition

The Petitioner operates the DJI Phantom 34 ("DJI Phantom 3") SUAS manufactured by DJI Corporation, one ofthe most popular wholesale RC distributors inNorth America. The Dji's Weight (including battery and propellers) 1280 g5
, Diagonal size (including propellers) 590 mm, What makes the DJI Phantom 3 such a great camera platform is it's Max Ascent Speed 5 m/s, Max Descent Speed 3 m/s, Hover Accuracy Vertical:+/- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m, Horizontal: +/

- 1.5 m , Max Speed 16 m/s (ATTI mode, no wind), Operating Temperature 0°C to 40°C and GPS Mode , GPS/GLONASS This provides for incredible ease of use and stability. Pilots can control the DJI Phantom 3's movements in many directions

- including pitch (forward and backward), roll (leftand right), elevator (up and down), and yaw (turn left or right). The built-in GPS system aids in stabilizing the aircraft and will automatically return it back to its home position if communication between the remote control and quad copter are lost or ifbattery levels reach 25%. The DJI Phantom 3 is controlled with the full-range transmitter that utilizes the same Spectrum 2.4GHz technology preferred by RC experts the world over. This advanced signal processing technology provides superb range and interference protection, especially in' noisy' environments where a lot of2.4GHz systems are in use at the sametime
. The DJI Phantom 3 has three flight modes that have been specially programmed for capturing aerialvideo and images. two feature self-leveling and use GPS and altitude sensors to precisely hold position in a hover. one uses its barometer for positioning. The Return Home function will automatically land at the home position. This feature canbe activated at any time with the flip ofa switch. When activated, the DJI Phantom 3 will automaticallyfly itselfback to the place its full range transmitter and land without any help from thepilot. As an added safety feature, the DJI Phantom 3 operates within geo-referenced flight boundaries. Outofthe box, its boundaries are set at 100 meters from and 50 meters above the point wherethe motors were started. An intuitive PC programming interface and pilot app makes monitoring systems, adjusting settings and calibrating sensors as easy as point and click. The Inertial Measurement Unit ("IMU") has a built-in inertial sensor and a barometricaltimeter that measures both attitude and altitude. The inertial measurement tells the DJI Phantom 3 how it's tilted, and the gyros tell it ifit's rotating in any particulardirection. The DJI Phantom 3 's compass reads geomagnetic information and assists the GPS toaccurately calculate the position and height ofthe aircraft and displays this information on the pilot app. The DJI Phantom 3 has LED flight indicators beneath each ofits four rotor arms and in the rear. The LEDs illuminate to indicate the status ofthe flight control system and alert the PIC of any possible issues. Such highly advanced capabilities will ensure that the SUASs can be safely operated and " not

4 See DJI Phantom 3_User Manual_EN.pdfat http:/ jwww.dji.comjproductjphantom-3/download (manual is to large to attach) shttp:/ jwww.dji.com/productjphantom-3 jspecBilly M Davisonl5 Section 333 Exemption Petition create a hazard to users ofthe national airspace system or thepublic." 6


### Equivalent Level ofSafety In an effort tojoin the FAA in its mission to provide the safest, most efficient aerospacesystem in the world and to minimize the risk to the NAS or to persons and property on the ground,the Petitioner agrees to be bound by the following limitations and conditions whenconducting commercial operations under an FAA issuedexemption: 1. For the purposes ofensuring SUASs will be operated within the standards that theFAA has allowed in the AMA National Model Aircraft Safety Code: a. SUASs will not be flown:
• In a careless or reckless manner.
• At a location where SUAS activities are prohibited. 2. SUAS pilots will:
a. Yield the right ofway to all human-carrying aircraft. b. See and avoid all aircraft and a spotter must be used when appropriate. 7

c. Not fly higher than 400 feet above ground level or within three (3) miles of an airport without notifying the airport operator. d. Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed

-use agreement.

e. Not exceed a takeoffweight of55 pounds (including payload). f. Ensure the aircraft is identifiable by affixing the owner' s contactinformation to the outside ofthe SUAS. g. Not operate SUASs while under the influence ofalcohol or while using any drug that could adversely affect the PIC's ability to safely control themodel. h. Not operate SUASs carrying pyrotechnic devices that explode or burn, orany device which propels a projectile or drops any object that creates a hazardto persons or property. 3. SUASs will not be flown unless:

6 Reform Act Section 333(b) 7 AMA Document #540-DBilly M Davisonl6 Section 333 Exemption Petition
a. The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. b. An inexperienced pilot is assisted by an experienced pilot. 4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment oflife and property ofothers. 5
. A successful radio equipment ground-range check in accordance withmanufacturer's recommendations will be completed before the first flight ofa new or repairedmodel aircraft. 6. SUASs must use the radio-control frequencies currently allowed by theFederal Communications Commission (FCC). 7. SUASs will not knowingly operate within three (3) miles ofany pre-existing flyingsite without a frequency-management agreement. 8 8. Excluding takeoffand landing, no SUASs may be flown outdoors closer than 25 feet to any individual, except for the PIC and the PIC's helper(s) located at the takeoffsite. 9. Under no circumstances may a pilot or other person touch a SUAS in flight while 

### itis still under power, except to divert it from striking an individual. 10. The PIC ofthe SUAS shall:
a. Maintain control during the entire flight, maintaining visual contactwithout enhancement other than by corrective lenses prescribed for the pilot. b. Fly using the assistance ofa camera or First-Person View (FPV) onlyin accordance with the procedures outlined 

### in AMA Document#550.

c. Fly using the assistance ofautopilot or stabilization system only inaccordance with the procedures outlined in AMA Document #560. 11. The flying area must be clear ofall utility wires or poles and an SUA V will not be flown closer than 50 feet to any above

-ground electric utility lines
. 12. The flying area must be clear before the engine is started, except for PIC and thePIC's helper(s)
. B. In addition to the above rules outlined by the AMA National Model Aircraft Safety Codeand 

### in an effort to enhance the safety offered by the already safe operations mentioned above, the Petitioner also agrees to be bound by the following limitations and conditions:

sAMA Documents #922 and #9231
. Flights will be operated within VLOS ofthe PIC. Billy M

**Daviso~** 7 Section 333 Exemption Petition 

## I

2
. Maximum total flight time for each operational flight will be 25 minutes. Flights willbe terminated at 30% battery power reserve should that occur prior to the 25 minute limit. 

### 3. The SUAS will only operate in tightly controlled and limited airspace. 4. A briefing will be conducted in regard to the planned SUAS operations prior to each flight. It will be mandatory that all personnel who will be performing duties withinthe boundaries ofthe safety perimeter be present for this briefmg. 5. The PIC and the PIC ' s helper(s) will have been trained in operation ofSUAS and received up-to
-date information on the particular SUAS to be operated. 6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice. 7. lfthe SUAS loses communications or loses its GPS signal, the SUAS will have capability to return to a pre-determined location within the security perimeter and safely land. 8. The SUAS will have the capability to abort a flight in case ofunpredicted obstaclesor emergencies. 9. All flights will be conducted on private property and with the written andlororal permission ofthe property owner(s). 10. Flights will always be conducted in areas that are clear ofall people, except for thePIC and the PIC's helper(s). 11. All flights will be conducted outdoors in visual meteorological conditions (VMC)and never during severe weather conditions. 12. Flights will not occur in weather conditions that prevent the PIC from operatingwithin visual line

-of

-sight (VLOS) at all times or in weather conditions that dramaticallyaffect the SUAS's flight (e.g
. high winds)
. 13
. Ifan operation occurs in an area where people could inadvertently enter the area, an operational border will be established with traffic cones. Ifit's not feasible to use traffic cones due to interference with the photography/videography, the PIC's helper(s) will be responsible for keeping a safe perimeter around the operation. The operation will cease immediately and be rescheduled ifit' s impossible to establish a safe perimeter aroundthe operation. 14. The PIC will be responsible for logging all flights to ensure the comprehensive preventative maintenance plan can be followed, as described in the "Preventative Maintenance" section below 15. The SUAS will not be routinely operated in the proximity ofany airports
. In any cases where the SUAS must be operated within three (3) miles ofan airport, the airport operator will be notified before the operation commences.Billy M Davisonl8 Section 333 Exemption Petition The operation ofSUASs, weighing less than 3 lbs., conducted in the str ict conditions as outlined above, will provide an equivalent level of safety supporting the grant ofexemptionsrequested herein, including exempting the Petitioner from the requirements ofPart 21 and allowing commercial operations
. These lightweight aircraft operate at slow speeds, close to the ground, and in a tightlycontrolled environment. As a result, they offer a much safer way to capture aerial photographyand videography. Furthermore, the proposed operations represent a safety enhancement to the already safe operations that have been granted by the FAA for the establishment oftheAMA National Model Aircraft Safety Code. Preflight Plan The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a condition for safe flight. This plan will be improved as needed in order to ensure all known safety precautions and/or safety precautions suggested by the manufacturer are being accounted for. A. Pre-flight Inspection 1
. Check that the transmitter, UAS and camera batteries are all fully charged. 2. Verify that the UAS battery is not swollen or damaged 

### in anyway. 3. Turn the motor shafts with your fingers and verify that are smoothwithout excessive play or binding. 4. Verify that the propellers are mounted correctly and free from signsof damage. 5. Run finger along the edge ofblade to check for any rough edges
. 6
. Flex both sides ofthe propellers ' blades to check for hairline cracks wherethe blades connect in the center ofthe propeller. 7. Verify that the landing gear is secure and free from damage, broken orloose. 8. Verify that the camera is secure and clean. Inspect the cameraconnections and gimbal for tears and/or signs ofwear. 9. Verify that the damping absorbers are not broken and/or worn. 10
. Verify that the Micro

-SD card has been inserted and formatted. 11. Verify that the Smartphone's Wi-Fi is enabled. 12. Set the Smartphone to do-not-disturb mode to prevent distractions while flying
. 13. Set the Smartphone to forget any Wi

-Fi networks in range in order to prevent the Wi-Fi connection from changing mid

-flight.

### B. PowerUp Billy M Daviso19 Section 333 Exemption Petition


### 1. Power on the transmitter with the flight mode set to the appropriatesetting, the throttle stick down and the throttle trim at neutral. 2. Install a charged battery in the UAS, plug it in and close the hatch. 3. Wait for the GPS signa l to be acquired, which is indicated by a solid LED. It may take from 30-90 seconds to acquire a GPS signal. 4. Move the aircraft to the desired home location and orient the aircraftpointed away from the pilot. 5. Step back approximately 15 feet (5 meters) from the home location. C. Ready to Fly 1. Power on camera and acquire Wi-Fi signal on smartphone. 2. Once Smartphone has acquired Wi-Fi signal start camera app. 3. Verify that the aircraft still has GPS lock. 4. Start the motors. 5. Verify that the motors are functioning normally, are not making any unusual noises, and are all spinning the same speed. 6. Verify that the area is still clear ofobstructions, people, power lines, etc. 7. Take offand hover about 6

-8 feet above the takeoffpoint to verify that the aircraft still has a solid GPS lock. If

### any abnormalities are noticed (drifting, flying in circles, etc.), land immediately and repeat the "Pre-flightInspection" and Power Up" sequences. 8. Verify that the aircraft holds a steady position while yawing 360 degrees. 9. Verify that the aircraft responds appropriately to all controls- yaw, pitch,roll and throttle. D. After Flight
1. Turn offthe power switch on the aircraft. 2. Tum offthe power to your transmitter. 3. Unplug and remove the battery from the aircraft.

### Preventative Maintenance Billy M DavisonllO Section 333 Exemption Petition

A comprehensive preventative maintenance plan will be followed in accordance with the manufacturer's specifications to ensure the SUAS ' s software is up-to-date, the batteries are in good health, and the aircraft itselfis always ready for safe flight9

. 

### Pilot in 

### Command (PIC) Qualifications The PIC does not currently hold an airman certificate or medical certification. Since the SUAS is similar in size, weight, speed, and operating capability as those currently allowed to be flown for hobby/recreation, holding the PIC to those same set of standards will allow for an equivalent level ofsafety. It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. Since there are no standardsfor either private or commercial SUAS pilot certificates, knowledge ofairspace regulations and dexterity in the control and operation ofthe SUAS acquired from actual operation oftheaircraft will be the most important factors in establishing an equivalent level of safety. The PIC would be required to do the following prior to the first commercial flight: A. Perform 50 flights or log 20 hours offlight time (the greater ofthe two) withthe SU AS that will be piloted. B. Successfully learn and demonstrate all flight maneuvers in the "DJI PhantomPilot Training Guide" 10 C. Study and be familiar with all sections ofthe User's Manual ofthe SUAS that will be piloted. 11 Withthat in mind, the Petitioner proposes that its PIC be entitled to apply for, and receive a temporary license certificate, renewable until the FAA creates an " unmanned aircraftcertificate with SUAS rating". 

### Public Interest Granting this exemption would benefit the public as a whole. SUASs offer a strongequivalent level ofsafety, a reduction in environmental impacts, and are free from the harmfulemission associated with the manned aircraft that are currently used for aerial photography and videography. Due to the size ofthe SUAS and the tightly controlled and limited airspacein which the SUAS will operate, approval ofthis application presents no risk to thepublic.

9 http:/ jwww.phantompilots.com/threads/preventative-maintenance

-checklist-ideas.Sl48/ 10 See Phantom Pilot Training Guide uSee DJI Phantom 3

_ User Manual_EN.pdfat http://www.dji.comjproductfphantom-3/download (manual is to large to attach)Billy M Daviso111 Section 333 Exemption Petition Furthermore, the public will be able to legally acquire aerial photography and videography to help in, but not limited to, advertising homes for sale, advertising uninhabited homes, lots, useof photos and video as an aid when researching homes for sale on the market, or safelyaccessing high and/or awkward areas ofhome exterior to assess damage that needs to berepaired. Privacy Since the areas being photographed or filmed will be on private property, accessed onlyafter given written and/or oral consent by the property owner(s), and clear ofall people, except for the PIC and the PIC ' s helper(s), approval ofthis application presents no risk to the publicprivacy. National Security Due to the size ofthe SUAS and the tightly controlled and limited airspace in which theSUAS will operate, approval ofthis application presents no risk to national security. Requested Exemptions Petitioner requests exemption from the following regulations since it's not possible to fully comply with them, and since attempting to follow them for the purposes ofoperating aSUAS would be a burden: Airworthiness Certificates

- 14 CFR Part 21, SubpartH Subpart H establishes the procedural requirements for the issuance ofairworthinesscertificates as required by FAR 91.203 (a) (1). Given the size and limited operating area associated withthe aircraft to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and Section 333 ofthe Reform Act bothauthorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular SUAS
. In all cases, an analysis ofthese criteriademonstrates that the SUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditionsproposed. Medical certificates- 14 CFR 61.23 (a) This regulation requires pilots ofmanned aircraft to hold a medical certificate. Since risks associated with the operation ofthe proposed SUAS are so diminished from the level of risk associated with any manned aircraft; the SU AS is ofa size, weight, speed, and operational capabilities which makes it much safer than any manned aircraft; since operations will occurin tightly controlled and limited airspace; and considering that all operations will be on private /controlled access property that is clear ofall people, obtaining and maintaining a medical certificate would not improve the safety ofthe operation. In the very rare case ofa mishap,the SUAS being flown will pose significantly less ofa threat than manned helicopters and fixed wing aircraft because the SUASs are a fraction ofthe size, a fraction ofthe weight, will beflown at a fraction ofthe speed, carry no flammable fuel, and carry no crew orpassengers.Billy M Davisonll2 Section 333 Exemption Petition


### Private pilot privileges and limitations: Pilot in command -1 4 CFR 61.113 (a) and(b) These regulations limit private pilots to non-commercial operations. Because the SUAS willnot carry a pilot or passengers; due to the SUAS's size, weight, speed, and operationalcapabilities; and since operations will occur in tightly controlled and limited airspace, the proposedoperations can achieve the equivalent level ofsafety ofcurrent operations that currently require a commercial pilot's license. The FAA has determined that the airmanship experience ofa commercially certificatedpilot would not correlate to the airmanship skills necessary for the petitioner' s specificproposed operations ofa SUAS. Although the FAA does not possess the authority to exempt the Petitioner from the statutory requirement to hold an airman certificate, as prescribed in 49 USC Section 44711 , it doespossess the authority under 14 CFSR 61.17 (a) to grant a temporary pilot certificate or rating, andin accordance with 14 CFSR 61.13 ( 4) the Administrator must issue an airman certificate "
... to an applicant who satisfactorily accomplishes the training and certification requirements for the certificate, rating, or authorization sought, is entitled to receive that airman certificate, rating,or authorization. " With regard to the Petitioner's PIC training program, the Petitioner has proposed that prior to the first commercial operation the PIC be required to perform the grater of50 flights or 20 hours of flight time in the DJI Phantom 3 , as well as successfully demonstrate flight maneuvers specified inthe Phantom Pilot Training Guide and study and be familiar with the DJI Phantom 3 manuals identifiedin the petition
. In its proposed regulations, the FAA states that it will create a new "unmanned aircraftoperator certificate with a small UAS rating. " This certificate would be required before a personcould legally operate a commercial UAS. To obtain this new certificate, an operator
- who wouldneed to be at least 17 years old-would have to pass an aeronautical knowledge test at anFAAapproved testing center. The applicant would also have to pass a security screen conducted by the Transportation Security Administration
. Given the above, the FAA must determine the appropriate level ofpilot certification forthe Petitioner' s proposed operation: 1) There are currently no standards for either private or commercial UAS pilot certificates, 2) the FAA has found that it cannot be assumed that a commercial pilot, approved to operate a manned helicopter or fixed wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower,within strictly controlled pre-approved airspace, 3) to require the Petitioner to obtain a certificaterating equal to what's required to operate a manned aircraft creates a burden and places undue economic hardship on the Petitioner. Therefore, the Petitioner is hereby seeking theSecretar y' s approval to apply for, and receive a temporary license certificate, renewable until theF AA creates an "unmanned aircraft certificate with SUAS rating"
. Because a temporary pilot certificate is subject to the same securit y screening by the Department ofHomeland Security that all certified airmen undergo, the proposed operations can achieve the equivalent level of safety ofrecently approved Section 333 exemptions, operations that do not significantly differ from that ofthe Petitioner, that currently require a private pilot certificate.Flight instruction 

### -14 CFR 91.109 Billy M Daviso113 Section 333 Exemption Petition

This regulation provides that no person may operate a civil aircraft (except a mannedfree balloon) that is being used for flight instruction unless that aircraft has fully functioningdual controls
. SUASs and remotely piloted aircraft, by their design do not have fully functional dualcontrols
. Flight control is accomplished through the use of a control box that communicates withthe aircraft via radio communications. The FAA has approved exemptions for flight trainingwithout fully functional dual controls for a nwnber of aircraft and for flight instruction inexperimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed oftheaircraft
. Minimum Safe Altitudes 

### - 14 CFR 31.119 (c) This regulation prescribes safe altitudes for the operation ofcivil aircraft and specifies thatover sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. It allows helicopters to be operated at lower altitudes incertain conditions. The Petitioner's SUASs will never operate at an altitude greater than 400 feetAGL. Since the typical mission ofthe Petitioner's SUASs would be to photograph/video structuresit would be necessary to operate closer than 500 feet to the items listed. Flights will onlybe conducted over property where permission has been obtained and at a distance greater than30 feet ofany consenting individual, and only after careful pre-planning has beenperformed. Further, the SUAS will operate at a very slow airspeed, and a low mass, and do not need asmuch space to operate safely, as outlined in 91.119
. Given the Petitioner will only operate his UASsin safe areas away from public and traffic, thereby providing a level of safety at least equivalentto those in relation to minimum safe altitudes, and due to the size, weight, maneuverability and speed ofthe Petitioner's UAS , an equivalent or higher level of safety will be achieved. Altimeter settings - 

### 14 CFR91.121 This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "
.. . to the elevation ofthe departure airport or anappropriate altimeter setting available before departure." As the SUAS may not have a barometricaltimeter, but instead a GPS altitude read out, an exemption may be needed
. An equivalent level ofsafety will be achieved by the operator by confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. Fuel Requirements for Flight in VFR Conditions- 

### 14 CFR 91.151 (a) This regulation prohibits an individual from beginning " a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, asswning normal cruising speed- (1) During theday, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45minutes. " The battery powering the proposed SUAS provides approximately 30 minutes ofpoweredflight. That would make it impossible to meet the 30 minute reserve requirement. Given the limitations on the SUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.Billy M Davisonll4 Section 333 Exemption Petition
An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% ofbattery power (whichever occurs first). This restriction would be more than adequate to return the SUAS to its planned landing zone from anywhere in its limited operating area. Maintenance Inspections -14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409(a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) These regulations require that an aircraft operator or owner "shall have that aircraft inspectedas prescribed 

### in subpart E ofthis part and shall between required inspections, except as providedin paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.
.. ," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply. The operator, pursuant to the manufacturer's user manual and guide will accomplish maintenance. An equivalent level of safety will be achieved because these small SUASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the SUAS can land immediately andwill be operating from no higher than 400 feet AGL. As outlined in the aforementionedPre

-flight Plan, the operator will ensure that the SUAS is in working order prior to initiating flight and perform maintenance as required. Moreover, the operator is the person most familiar withthe aircraft and best suited to maintain the air craft in an airworthy condition to provide the equivalent level ofsafety
. In accordance with 14 CFR Part 11, the following summary is provided for publication in the Federal Register: The Petitioner seeks an exemption from the following rules: 14 CFR Part 21 , Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.15 1 ; (a) ; 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1) ; 14 CFR 91.409 (a)(l) ; 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b)to commercially operate small unmanned aircraft systems (55 lbs. or less) in order to safelyand legally capture aerial photography and videography for use by homeowners, realtors,home builders, home contractors, and/or home inspectors. The operation ofSUASs conducted in the strict conditions outlined above, will provide an equivalent and/or greater level of safety supporting the grant ofthe exemptions requestedherein, including exempting the applicant from the requirements ofPart 21 and allowingcommercial operations
. These lightweight aircraft operate at slow speeds, close to the ground, and in asterile environment, and as a result, are far safer than existing operations conducted withhelicopters operating in close proximity to the ground, people, or other buildings in the vicinity. Giventhe small size ofthe SUASs involved, the slow speed at which they must be operated in orderto capture photos and videos, and the restricted environment within which they will operate,the Petitioner demonstrates that it can be operated within an equivalent level of safety inwhich Congress envisioned that the FAA must, by exemption, allow commercial operations ofSUASs to commence immediately. Also, due to the size ofthe SUASs and the restricted areas inwhich the relevant SUASs will operate, approval ofthis application presents no threat to national security.Billy M Davism1 15 Section 333 Exemption Petition 

## I

Given the clear direction in Section 333 ofthe Reform Act, the authority contained in theFederal Aviation Act, the strong equivalent level ofsafety surrounding the proposed operations,the significant public benefit

- including enhanced safety, reduction in environmental impacts, no emissions, ability to legally obtain aerial photography and videography services

- the grant of the requested exemptions is in the public interest. Accordingly, the Petitioner respectfully requests that the FAA grant the requested exemption withoutdelay
. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act

- size, weight, speed, operating capability, proximit y to airports and populated areas, operation within the visuallineof sight, public safety, and national security

- provide more than adequatejustification to grantthe Petitioner the requested exemption, allowing for commercial operations as describedherewith.

## ~~**bmitted ,**  Billy M Davison, Petitioner