US Department ofTransportation Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation June 22, 2015 Gerard P. Falcone 1163 Andalusia Loop Davenport, Florida 33837

U.S. DepartmentofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14CFR 45.23(b); 14CFR 61.113(a) and (b); 14CFR 91.7(a); 14CFR91.9(b)(2); 14 CFR 91.103; 14CFR 91.109; 14CFR 91.119(c); 14CFR 91.121; 14CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Gerard P. Falcone operatorof Unmanned Aircraft Systems (UAS), hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333. Thank you in advance foryour consideration.Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photographyfor public and/or private use includingtelevision, public events, cinematography and newsgathering. 3. Aerial inspection/photography of residential/commercial structures under contractwith the

owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limitedto electrical power lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. Training to persons individually or belongingto both private and/or public organizations to increase awareness and improve safetyfor current and future UAS operations within the NAS. As described fully below,the requested exemption would permitthe operation of designated UAS as set forth in this document undercontrolled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

....establish requirements forthe safe operation ofsuch aircraftsystems in the national airspace system."The name and address ofthe applicant is: Gerard P. Falcone Ph: 732-814-0728 Email: Gfalcone812@gmail.com Address: 1163 Andalusia Loop Davenport, Florida 33837

Regulations from which the exemption is requested: 14CFR Part 21 subpart H 14CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14CFR 91.121 14CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14CFR 91.417 (a) & (b) Gerard P. Falcone will operate one or more ofthe Following model UAS: 

### DJI Phantom 3

## Aircraft Weight (including battery and propellers)-1280 g Diagonal size (including propellers)-590 mm MaxAscent Speed-S m/s Max Descent Speed-3 m/s HoverAccuracy-

•Vertical:+/- 0.1 m (when Vision Positioning is active) or+/- 0.5 m •Horizontal: +/- 1.5 m Max Speed-16 m/s (ATil mode, no wind) MaxAltitude Above Sea Level-6000 m OperatingTemperature-oocto 40°C GPS Mode-GPS/GLONASS 

## Camera Sensor-Sony EXMOR 1/2.3" Effective pixels: 12.4 M (total pixels: 12.76 M) Lens-FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at oo ISO Range-100-3200 (video) 100-1600 (photo) Shutter Speed-8s -1/8000s Image Max Size-4000 x 3000 Still Photography Modes *Single Shot *Burst Shooting: 3/5/7 shots *Auto Exposure Bracketing (AEB): 3/5 *Bracketed Frames at0.7EV Bias *Time-lapse 

## Video Recording ModesPhantom 3 Professional •UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 •FHD: 1920x1080p 24/25/30/48/50/60 •HD: 1280x720p 24/25/30/48/50/60

Phantom 3Advanced •FHD: 1920x1080p 24/25/30/48/50/60 •HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types- *Micro SD *Max capacity: 64GB. Class 10 or UHS-1 rating required

Max Bitrate ofVideo Storage- **Phantom 3 Professional

60 Mbps **Phantom 3 Advanced

40 Mbps Supported File Formats- •FAT32/exFAT •Photo: JPEG, DNG •Video: MP4, MOV (MPEG-4 AVC/H.264) OperatingTemperature-DoC to 40°C



### GimbalControllable Range-Pitch -90° tp +30° Stabilization-3-axis (pitch, roll, yaw)



## Vision Positioning MaxVelocity-Less than 8 m/s (when 2 m above ground) Altitude Range-30 cm-300 em Operating Range-30 cm-300 em Operating Environment-Surface with clear pattern and adequate lighting (Lux> 15)



## Remote Controller Operating Frequency-2.400 GHz-2.483 GHz Max Distance-2000m (outdoors and unobstructed) Video Output Port-USB OperatingTemperature-0°C- 40°C Battery-6000 mAh LiPo 2S Mobile Device Holder-Fortablet or phone Receiver Sensitivity (1%PI:R)--101 dBm ±2 dBm Transmitter Power (EIRP) *FCC: 20 dBm *CE: 16 dBm Working Voltage-1.2 A @7.4 V

### Battery ChargerVoltage-17.4 V Rated Power:

Phantom 3 Professional •100W Phantom 3 Advanced •57W



### Intelligent Flight Battery Capacity-4480 mAh Voltage-15.2 V BatteryType-LiPo 45 Energy-68 Wh NetWeight-365 g Max FlightTime-Approximately 23 minutes OperatingTemperature--10°(to 40°( Max Charging Power-100 WGiven the small size ofthe UAS in scope and the controlled environment provided, the proposed operations will adhere tothe Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditionsto which the applicant agrees to adhere towhen conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include: 

### 1. The UAS will weigh significantly less than 55 lbs. Itweighs less than 4 pounds with battery and camera. 2. The UAS, depending on the model in operation, will have a maximum operating speed of

no more than 50mph. 3. Flights will be operated within line ofsightofthe Pilot in Command (PIC) and/orVisual Observer (VO). 4. Maximum flighttime for each operational flight will be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first. 5. Flights will be operated at an altitude of no more than 400 feetAbove Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO). 7. The UAS pilotwill be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of20 hours on the designated UAS. 8. A safety briefingwill be performed priorto each day's flights consisting ofall the days' production activities. 9. All flight activities will be logged. 10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only. 11. The flights will occur in Class Gairspace no closerthan a Smile radius ofthe geographic center/ Airport Reference Point (ARP) ofatower controlled or uncontrolled airport. 12. Flights will not be closerthan a 5 mile radius ofthe geographic center/ Airport. 13. The operatorwill file FAA Form 77111,

or its equivalent, as modified in light ofthe requested exemption, withthe appropriate local Flight Standards District Office (FSDO) no morethan 72 hours but no less than 48 hoursfrom planned operation. 14. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure thatonly consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as U.S. Department ofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations atcloser range may be approved. 15. The PIC and VO will have been trained in operation of UAS and receive uptodate information forthe particular UAS to be operated. 16. The PIC and VO will be able to communicate byvoice and/or radio at all times. 17. Written and/orverbal permission and permits will be obtained from territorial, state, county

or cityjurisdictions, including law enforcement, fire orotherappropriate governmentalagencies as appropriate to flight operations. 18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously. 19. The UAS will have the capabilityto abort aflight in case ofemergencies with an automated "Return Home and Land" function. 20. The UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery. 14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, 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 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthesize, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than aconventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials

orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled andmonitored by both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide agreater degree ofsafetyto the public and propertyowners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry asubstantial external load. 14 C.F.R. § 45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe 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 14 C.F.R. § 45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft orexperimental orprovisionally 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 morethan 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch letteringwill be impossible. The word "Experimental" willbe placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February 

### 20, 2015 The equivalent level ofsafetywill be provided by having the UAS marked

on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilotcertificate may act as a pilot in command ofan aircraft that is carrying passengers or propertyfor compensation or hire. The proposed UAS operations may achieve an equivalent level ofsafety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14CFR 61. The PIC ofthe UAS will be, or be underthe direct supervision 

### of, a FAA Certificated Private Pilot with currentThird Class or higher medical certificate. It is believed thatthe operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS. 14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety checklists priorto each flight, an equivalent level ofsafetywill be provided. 14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S.registered civil aircraft

... (2) For which an Airplane

or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAS, given its size andconfiguration has no ability or place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate access to it. 14 C.F.R. §91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewingweather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by theirdesign do not have fullyfunctional dual controls. Flight control is accomplished through the use ofa control boxthat communicates with the aircraftvia radio communications. the FAA has approved exemptionsforflight trainingwithoutfullyfunctional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety is provided by the factthat neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operatingthe helicoptercomplies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or notmore than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph astructure whose height exceeds 400 feet AGL, the UAS will not be operated

more than 200 feet above the highest pointon the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owneror local officials. Because of the advance notice to the property ownerand participants in thefilming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraftweighting far more than the maximum SSibs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. 14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuanttothe safety check list and live flight data monitoring, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight.14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flytothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthat for at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The applicant believes thatan exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operatingthe UAS in atightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% ofbattery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no abilityor place to carry certification and registration documents orto displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflyingthe UAS will have immediate access to them, to the extentthey are applicable to the UAS.14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level ofsafety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. Ifmechanical issues arise the UAS

can land immediately and will be operatingfrom no higher than 400 feetAGL. The operator will ensure thatthe UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraftand best suited to maintain the aircraft in an airworthy condition to providethe equivalent level ofsafety. An equivalent level ofsafetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operatorwill ensure thatthe UAS is in working order priorto initiatingflight and perform required maintenance needed.

Additional Information. The applicant, Gerard P Falcone, believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification forthe granting ofcommercial operations ofthe applicant's UAS. The applicant, Gerard P Falcone requests your respective approval ofthis Section333 exemption petition request. Thankyou foryour attention in this matter. Please notify Gerard P. Falcone ofyour actions, and or approvals. Thank You foryour interest in this request.

Sincerely,

# ~4~ Gerard P Falcone 1163 Andalusia Loop Davenport Florida 33837