April27, 2015 Stephen C. Denty 8810 Leeshire Lane Raleigh, NC 27615

919.669.7286**-~-** 

### ---**~----~---- -~~----~~-~--------~-**  Docket Management System U.S. Department ofTransportation 1200 NewJersey Ave., SE Washington, DC 20590
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### RE: Exemption Request Section 333 oftheFAA Reform Actand Part 11 ofthe Federal Aviation Regulations Dear SirorMadam: 1

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (MRA), Public Law 112-95, Stephen C. Denty ("Petitioner"), is seeking an exemption from the applicable Federal Aviation Regulations listed on page 2 herein. The Petitioneris seeking the exemption to allowthe use ofthe DJI Phantom 2 and the DJI Phantom 3 UAS four rotor (quadcopters) in commercial operations so long as such operations will are conducted within and underthe conditions outlined eitherherein or as established by the FAA in an exemption granted under section 333. As referenced throughout this exemption request, Petitioner is willingto follow and abide by the conditions the FAA has required in issuingrecent Section 333 exemptions, specifically
· --- - - -Exemption-No-:-J-J256·(SkyPhilly):-rhis-reference<shotildgive the-FAA-a-basis for-consideration and processing this exemption request. Petitioner is proposingto use a small lightweight UAS, the DJI Phantom Series, 2 and 3, referenced above, to collect, analyze, conduct aerial photography, principally for the purpose of precision aerial surveys, agriculture, remote sensing, structure assessment, land survey photogrammetry, aerial filing and photography, construction site inspection and monitoring, and industrial survey and monitoring. As such, this proposed UAS services will provide industry with efficient and**accura~ihformation** source; provide land oWners, farmers, contractors and others with a safe and cost effective method to f!lake management decisions. The UAS weighs between 2.2 and 3 pounds fully loaded and therefore is a small UAS and falls well belowthe 55 pound payload limh referenced by the FAA in previous exemptions granted.

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### This PetitionerRequests Relieffrom theFollowingFAA FAR's Section 61.113, (a) & (b); Section 61.133 (a); Section 91.7. (a); Section 91.119 (c); Section 91.151 (a); Section 91.405(a) Section91.407(a) (I); Section91.409(a) (2); Section 91.417(a) & (b)



### TERMS OFREFERENCE: Aircraft
• Petitioner submits that the grant ofthis exemption will apply to the DJI Phantom series UAS, all ofwhich weigh less than 55 pounds includingpayload, are fully controllable by the Petitioner ("Operator") includingpayload and the UAS is equipped for safe a efficient operation and return-to-home and landing capability should the GPS orwireless communication link be lost. The UAS will be maintained in condition for safe operation, including a pre-flight inspection and ground operational check according to the manufactures guidelines and recommendations. The following is a general description of the Phantom UAS:
•**~Multifunctional Quad~rotor-System~** ___ ---- 

### ---- - ---- -**~-** ---- -----.-- - ---......._ --- • Customized H3-2D and H3-3D Gimbal Support • Precision Flight and Stable Hovering • 25min FlightTime & Smart Battery • Auto Return-to-Home & Landing • Advanced PowerManagement • IOC -Intelligent Orientation Control • Easy Battery Replacement • Self-tightening Propeller • Video Downlink Support • CAN-Bus Expansion Module • IMU

- On-board Inertial ManagementUnit**-~------~----**3

National Airspace System (NAS)
• All operations shall be conducted in Class G airspace unless otherwise allowed with prior ATC permission. Nooperations shall be conducted in Class A airspace, restricted airspace or at night as defined in 14 C.F.R. 1.1. (evening civil twilight and the beginning ofmorning civil twilight).
• The Operatorshall, before beginning a UAS flight, become familiar with all available information concerning that flight. This information shall include- weatherreports and forecasts, battery capacity with a 5 minute reserve, regulations and procedures, sectional**~-~----...:.::..;..~--charts~a:itports,and** larrdirrg-areas-;incluclihg"applicaolcrtrafficpatterns**ancril1sfrlliTie~ -~~**  approach procedures ofnearby airports and all applicableNOTAMS.

• The UAS Operatormust yield right-of-way to all other manned aircraft and UAS, parachute activities, ultralight vehicles, parasailing activities and hang gliders, etc. at all times.

• The UAS Operator will remain 500 feet belowclouds and 2000 feet from clouds horizontally.

• No UAS will not be launched from a moving land based vehicle oran aircraft.

• The Operator shall not allow an objectto be dropped from the UAS.

• The UAS operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFRpart47, and have identification (N-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings mustbe as large as practicable.

• The UAS Operatormust not operate within 5 nautical miles ofan airport reference point

-**-·(~tRPtas~denoted-in-the-current~FA"A--AirportfPacility·Directory-(7\:FDYor"fot'airports·not-** -**-~-** - denoted on the current FAA-published aeronautical chart, unless a letter ofagreement with the airports managementis obtained orotherwise permitted by a Certificate Of Authorization (COA) issued to the exemption holder and made available to any law enforcement official upon request. Operational Control 1. The Operatormust maintain operational control at all times utilizing a ground control station. The UAS is programmed to return to the initial takeoffpoint or a predetermined location ifthe communication link orthe GPS signal is lost, to be recovered. 2. The UAS may not be flown at an indicated airspeed exceeding 50 knots.3. The UAS may be operated at an altitude ofnot more than400 feet above ground level ("AGL"). 4

4. Priorto each UAS flight, the pilot in command ("PIC") must inspect the UAS to ensure it is in a condition safe for flight. All UAS rotors will be checked priorto flight for correct function and condition. The flight operation will be discontinued ifany discrepancy is found withthe UAS orwiththe ground control stationprior the the VAS flight. The ground control stationmust be an integral component of the preflight inspection and safety check.



## -------·--**_......._,_~-** 5. UAS maintenance records must be properly documented in the UAS records and a record ofthe preflighttest will be noted in the records by the PIC conductingthe functional test. 6. The preflight inspection by the PIC in accordance with the manufacture specifications ofthe UAS must include the following: Battery charge and flight duration estimate UAS start up and rotor function check Calibration ofthe on-board compass Properfunctional control ofthe ground station VAS marking light systems workingproperly Anelapsed timerdevice as a backup for reserve battery life. 7. The PIC must possess at least a privatepilotcertificate and third-class medical certificate and meet the flight reviewrequirements specified in 14 C.F.R. 61.56 as to the UAS. 8. The Operatormay not permit any PIC to operate unless that PIC has demonstrated through training ofthe VAS and currencyrequirements that the PIC is able to safely operate the UAS in a manner consistent with howthe UAS will be operated underthis exemption including evasive and emergency maneuvers and maintaining appropriate distance from people, vessels, aircraft and structures.
9. The altitude ofthe small unmanned aircraft cannotbe higherthan 400 feet AGL (122 meters) above ground level; The minimum flight visibility, as observed from the location ofthe ground control station mustbe no less than 3 statute miles (5 kilometers); and the minimum distance ofthe small unmanned aircraft from clouds must be no lessthan: (1) 500 feet (150 meters) belowthe cloud; and5 (2) 2,000 feet (600 meters) horizontally away from the cloud. I0. The PIC is prohibited from beginning a UAS flight unless there is enoughpower to fly to the first point ofintended landing and assuming normal cruising speed, to fly after that for least 5 minutes. II. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UAS must comply with the Federal Communications Commission ("FCC") orotherappropriate government oversight agency requirements. 12. ·--The documents requiredunder 14-(>F:R:-9l:9·and-9l:-203 must·be**available·to·the·~--** -- PIC atthe ground control station ofthe UAS anytimethe aircraft is operating. These documents mustbe made available to the Administratoror any law enforcement official upon request. 13. The UAS may not be operated overcongested ordensely populated areas unless the operations can be conducted at least 500 feet from all nonparticipatingpersons unless barriers and structures are present that protect nonparticipation persons. 14. The UAS must be operated within visual line ofsight ("VLOS") ofthe pilot in command ("PIC") at all times. No device otherthan corrective lenses may be used otherthan human vision as specified on the PIC's FAA issued medical certificate. The PIC must: (a) Knowthe unmanned aircraft's location; (b) Determinethe unmanned aircraft's attitude, altitude, and direction; (c) Observe the airspace for otherairtraffic orhazards; and (d) Determine that the unmanned aircraft does not endangerthe life or property of The PIC must be designated at all times and cannottransfer his orherdesignation
· --forthe duration oftheflight. The PIC must ensure that the-Visual-Observer (VO), ifused, must be able to communicate to the PIC at all times during the duration of the flight.

Pilot in Command The pilot in command ("PIC") will be Stephen 

### C. Denty (Petitioner), a Commercial Airplane, Rotorcraft-Helicopter and Glider Pilot, Certified Instrument Instructorfor airplane and rotorcraft (CFII), with extensive experien_ce conducting**a~iatio~** ground schools, providing instruction regarding the national rurspace system, mcludmg law enforcement flight and ground instruction, extensive experience flying a news helicopters, safety officer, and with well over 13,000 hours pilot in command flight time.6
Summary In summary, the Petitioner, Stephen C. Denty, seeks an exemption from the FAR's listed above to operate commercially a small unmanned system (UAS), and provide the aerial survey services listed herein, providing high quality aerial data and photographs and actionable information to users. In doing so, the requested exemption will enhance safety and reduce risks as well (as related to manned aircraft) and therefore is in the public interest.j

S phen C. Denty Petitioner 

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