October 23, 2015

United States Department of Transportation Federal Aviation Administration 800 Independence Ave, SW Washington, DC 20591
RE: Petition for exemption from certain Title 14 CFR’s in regards to section 333 of the FAA Modernization & Reform Act of 2012 concerning Unmanned Aerial Systems (UAS)

Dear Sir or Madam Per this letter of request, I seek exemption from several Title 14 CFR’s that relate to the commercial use of unmanned aerial systems (UAS).

**Personal Information** Name: Ed ward D Marchese II ( hereafter referred to as “petitioner”) Company: T&C Aerial Imaging LLC Address: 388 Staggerbush Rd

Williamstown, NJ 08094 Aerialimaging.nj@gmail.com
**Background** The Petitioner is a certificated Commercial Pilot

– Airplane Multi

- Engine Land, and Certified Flight Instructor (CFI, CFII, MEI) , is requesting an exemption from the Federal Aviation Regulations (“FAR’s”) listed below and pursuant to the FAA Modernization and Reform Act of 2 012 and the procedures contained within 14 C.F.R. 11. so the Petitioner may commercially operate a small ultra

- light unmanned aerial system(“UAS”), specifically the DJI Phantom 3, and the DJI Inspire, quadcopter UAS or equivalent and ground station based e quipment and crew for the purpose of obtaining photographs and video of commercial and residential properties and cinematography.The Petitioner has been a Commercial Pilot (Certificate # 3149711) since 2006, and has no incidents or

accidents. The petitio ner stays up to date with aviation by being employed as a pilot with a Part 121 Carrier and participating in ongoing re qualification training and line checks. The petitioner would like to provide professional aerial photography/videography to property owne rs, real estate agents, and commercial businesses. As a Commercial Pilot, the petitioner understands the seriousness, necessity, and importance of preflight and inflight safety measures to ensure the safety of the operators and public.

**Public Good** Aerial photography/videography for geographical awareness, real estate marketing, exterior structural inspections has been around for a long time through the use of manned aircraft. Today, for small business and home owners the financial benefit of using unmanne d aerial systems (UAS) is more accessible and cost effective. Granting this exemption to the Petitioner would allow him to provide this service at a reduced cost to the consumer. Also, the small UAS being used in this application will pose a reduced risk t o the public. The operation of this UAS will also minimize ecological damage and promote economic growth.
**Description of UAV to be deployed under request** The Petitioner currently owns a DJI Phantom 3 quadcopter. The Phantom 3 can take

- off and land vertically. The UAS weighs approximately 3 lbs. and has a maximum airspeed of 25 knots. This UAS utilizes lithium polymer batteries which have approximately 20

- 25 minutes of total charge time. This results in an actual flight time of approximately 12

- 17 mi nutes. This model Phantom 3 utilizes a First Person View (FPV) which allows the PIC to visually monitor telemetry data on a ground station monitor including altitude, GPS signal strength, battery charge information, etc. This FPV also gives the PIC video feed from the attached camera showing what images are being captured.
**Preflight** The Petitioner will always follow procedures outlined in the UAS operator’s manual. This would include proper preflight inspection of all hardware, software, environment and a ny other factors related to the safety of flight.

**FCC Information** The UAS proposed to be used under this exemption is a DJI Phantom 3. The control link operates on the 2

-4 GHz ISM radio frequency. Published range is 1000 meters (3280ft). Receiver sensi tivity is

- 97dBm.**PIC Qualifications**

The Petitioner holds a Commercial Pilots License (Certificate Number 3149711) and 1 st Class Medical Certificate. Petitioner has PIC time in multiple general aviation aircraft, both single and multi

- engine. The Petiti oner is also SIC type rated in a CL

- 65 and is completing a PIC type in CL

- 65 under a part 121 training program at this time. The petitioner also has over 100 flight hours flying UAS’s as a hobbyist.
**Description of Intended Commercial Operations** Petitioner intends to solicit work for property inspections, real estate agents, insurance companies, and other commercial businesses and private property owners to provide photography and videography. This work will always be conducted with the permission of the property owner or respective agent. Flight operations will be restricted to flight directly over the property that has granted permission. The Petitioner does not foresee any instance where the UAS would be flown over any crowds or assemblies of pe ople in an open air environment. If in fact any mission would require flight over crowds the Petitioner will elect not to make said flight. Safety will always be the primary concern regarding any flight.
The Petitioner agrees to place a sign during any f light operations that states: **Caution Unmanned Aerial Vehicle in Operation. Stay back 100 feet from aircraf** t.
**UAS Operating Parameters** The UAS being deployed under this exemption request can fly at a speed of approximately 25 knots. However, given the intended use described, this speed will never be necessary. Much slower speeds are desirable to achieve better and more precise photo and video. Although the UAS has a control link distance of 3⁄4 mile, this is much more than VLOS will allow. Petitioner ag rees to never fly the UAS outside of VLOS. Petitioner will only fly the UAS during day VMC flight conditions. Given the Petitioner agrees to never fly higher than 300ft AGL, distance from clouds in VMC should not be a factor. Petitioner agrees to use a V isual Observer (VO) during all operations. The VO will be used to assure VLOS at all times. The UAS will not operate within 5 nautical miles of an airport reference point as denoted on the current FAA published aeronautical chart. The UAS being deployed w ith this exemption request has the capability of using GPS signals to return to its initial point of take

- off if connection with the radio control link is lost. Petitioner agrees to yield all right of way to all manned aviation vehicles at all times.**Ex emption Requests** 

The following are a list of Title 14 CFR’s which the petitioner seeks exemption. Please note the Petitioner has used Exemption No. 11138 to Douglas Trudeau (Regulatory Docket No. FAA

- 2014

- 0481) as a reference. Given that the Petitioner an d Mr. Trudeau intend to use the exemptions I similar manners and both use similar equipment, it seemed prudent not to burden the reviewer in this matter with exemption requests that have been previously deemed that review was not necessary. These rules are part: **21 45.23(b)**  **91.9(b)(2) 91.103(b)**  **91.109 91.203(a)&(b)**  If the reviewer believes that these rules need to be addressed in this request, the petitioner will make supplemental request including these additional rule exemptions.
**Rule 91.7(a) Civil Aircraft Airworthiness**  There is no current FAA regulatory standard for determining airworthiness of UAS and there is no certificate currently available for UAS airworthiness. Petitioner seeks an exemption from this rule by ensuring that the UAS is in an ai rworthy condition based on compliance with the operating documents prior to every flight. Flight manuals and other important documents will be kept in a location readily accessible to the PIC at all times. **Rule 91.11q (c) Minimum Safe Altitudes** 91.119 pre scribes safe altitudes for the operation of civil aircraft, but allows helicopters to be operated at lower altitudes in certain conditions. Petitioner seeks exemption from this rule as Petitioner will only operate the UAS from the ground up to but not exce eding 300 feet AGL and will only operate in safe areas away from the public thus providing a level of safety not available to manned aircraft. Petitioner asserts that given the size, weight, maneuverability, and speed of the UAS, an equivalent or higher le vel of safety will be achieved. Petitioner will avoid actively populated areas. These areas will be interpreted to include areas on a VFR chart depicted in yellow and will be supplemented with information from the Flight Standards District Office. Petition er intends to operate the UAS over real estate for inspection purposes. Petitioner will not operate over any assembly of people in an open air environment.
Per the exemption granted in No. 11138 concerning 91.119 (c), Petitioner agrees to act in strict a ccordance to that exemption. However Petitioner seeks an exemption from the rule stipulating that a UAS cannot be operated within 500 feet of a structure without permission of the owner. Given theintended use Petitioner will use these exemptions for photo graphy and videography of real estate for

marketing & inspection purposes. Agreement from the engaging property owner or their agent is a necessity. The UAS will only be flown over properties with this permission. However given the housing density in some locations maintaining a 500 foot distance from other structures even while flying over the permission granting property is impossible in many instances. The Petitioner seeks an exemption to this rule which would allow a 50’ stand off from other structures as long as the UAS is operated completely over and within the property boundary lines of the permission granting property owner. Petitioner agrees to always keep privacy rights of other property owners in mind and will never engage a UAS in any type of surveillance or spying.
**Rule 91.121 Altimeter Setting** Petitioners’ UAS has a GPS derived altitude with a barometric sensor. Petitioner believes this rule is not applicable to the UAS operations intended.
**Rule 91.151 (a) Fuel Requirements for Flight in VFR Conditions**  Petitioner seeks relief from this rule. The UAS being deployed is battery operated and the requirements under this rule are not applicable. The UAS being used sends FPV imaging and data back to the PIC. This information includes real time batt ery monitoring. A typical battery will last 20

- 25 minutes. The system will also alert the PIC of low battery levels. Petitioner will never begin a flight without a fully charged battery.
**Rule 91.405 (a) Maintenance Required, 91.407(a) Operation after Mai ntenance, Preventative**  **Maintenance, Rebuilding or Alteration; 91.409 (a)(2) Inspections; 91.417(a)(b) Maintenance Records** Petitioner seeks relief from these regulations due to it being an alternate inspection requirement of 91.409(a)(2). The Petitioner wil l inspect and ensure the UAS is in a condition for safe flight and adhere to all operating documents.
**Supplemental Information** Per the Section 333 petition and guidance checklist obtained through the FAA’s web page the petitioner has omitted the User Manual and Specifications.
**Closing** Thank you for your review of my petition, please contact me if any further information is requi red. Sincerely, Edward D Marchese (3149711)