Charles J. Setaro PETITION FOR 333 Exemption
Page 1 UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
DOCKET MANAGEMENT SYSTEM 1200 NEW JERSEY AVE., SE WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



## Charles J. Setaro

FOR AN EXEMPTION SEEKING RELIEF FROM
THE REQUIREMENTS OF THE FAA REFORM ACT AND
PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM
TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.11 9 (c); 91.121; 91.151(a);

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 ( a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF  THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on November 23, 2015 by petitioner:

Charles J. Setaro

27 Deer Hill Avenue Danbury, CT 06810 cjset@att.netCharles J. Setaro PETITION FOR 333 Exemption
Page 2



### Table of Contents

GLOSSARY OF ABBREVIATIONS ..........................

................................................... ..............3

INTRODUCTION AND INTERESTS OF THE PETITIONER....... .......................................4

Opening Summary....................................

................................................... .............................4 Description of Type, Make and Models of sUAV/UAS Re quested/Proposed:.......................4 Commercial (Mission, Operation) Purpose:...........

................................................... ..........................5 Regulations from which the Exemption Relief is requ ested:............................................. ..........6

The name and address of the Petitioner: ............

................................................... ..............................6 Background and Commitment to Safety................

................................................... ............................6

The Exemption Request ..............................

................................................... ........................8
Operator Requirements..............................

................................................... ................................................... .8 Aircraft and Equivalent Level of Safety............

................................................... ...................................... 10 How This Exemption Will Benefit Public as a Whole: Specific Uses Public Benefits................ 14 Discussion: Specific Sections of 14 CFR from Which Petitioner Seeks an Exemption & Equivalent Level of Safety .........................

................................................... .................................................. 1 5 Subpart H—Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary. .

................................................... ....................16 14 C.F.R. § 91.7(a): Civil aircraft airworthiness..

................................................... .........................16 14 C.F.R. § 91.109: Flight Instruction.............

................................................... ..................................16 14 C.F.R. §91.119: Minimum safe altitudes ..........

................................................... .........................17 14 C.F.R. §91.121 Altimeter Settings...............

................................................... .................................17 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions ..............................18 14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2 ); 91.417(a) & (b): Maintenance Inspections........................................

................................................... ................................................... .......18

Federal Register Publication .......................

................................................... ................... 19

Privacy and National Security ......................

................................................... .................. 20

Summary............................................

................................................... .................................... 20Charles J. Setaro PETITION FOR 333 Exemption
Page 3



## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation

GCS  Ground Control Station GPS   Global Positioning System

LOL  Loss of Link NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 201 2 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures sUAS Small Unmanned Aircraft System

sUAV Small Unmanned Aircraft Vehicle

UA Unmanned Aircraft UAS Unmanned Aircraft System

UAV Unmanned Aircraft Vehicle VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Take-Off and LandingCharles J. Setaro PETITION FOR 333 Exemption
Page 4



### INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, I, Charles J. Setaro, hereafter referred to as “petitioner”

/operator of small unmanned aircraft systems (“sUA Ss”) equipped to offer on-demand commercial UAS operations for a hos t of industries and applications and to perform the purposes listed bel ow, hereby applies for an exemption from the listed Federal Aviation Regulati ons (“FARs”) to allow commercial operation of sUAV’s/UAS, so long as such operations are conducted

within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 33 3 or Section 49 U.S.C. §44701(f)

As described more fully below, the requested exempt ion would permit the operation of a sUASs under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancem ents in the fields in which it will operate, which now depend upon conventional ai rcraft or humans climbing high on dangerous structures, and working adjacent to treacherous infrastructure etc.. Approval of this exemption would thereby enha nce safety and fulfill the Secretary of Transportation’s (the FAA Administrato r’s) responsibilities to “... establish requirements for the safe operation of su ch aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. 1



### Opening Summary

**Description of Type, Make and Models of sUAV/UAS Requ ested/Proposed:** 

The petitioner is seeking an exemption to commercia lly operate the proposed

rotorcraft sUAV’s makes and models as follows:

DJI- Phantom 3 Standard, DJI- Phantom 3 Advanced, D JI- Phantom 3 Professional, DJI- Phantom 2 Vision + and DJI -Inspire 1. 2

1 Petitioner relies upon the following exemptions w here specific reference to an exemption is not provided: Exemptions 11062 thru 11 067, 11080, 11109 through 11112, 11114, 11213, 11062 and as recent as 11857.

2 All the listed models of sUAVs have been previousl y approved by the FAA for commercial operations in various exemptions.Charles J. Setaro PETITION FOR 333 Exemption
Page 5

Each separately weighs less than 55 lbs., with imag ing payload and applicable equipment. Equipment operation manuals for each sU AV are included for your reference as separate attachments.

Note : Owner’s manuals will be submitted as an electronic attachment to this document Should the attachment size be too large du e limited upload space, the manuals are also located at the following internet url’s:

• https://dl.djicdn.com/downloads/phantom_3_standard/ en/Phantom_3_Stan dard_User_Manual__V1.4.pdf

• https://dl.djicdn.com/downloads/phantom_3/en/Phanto m_3_Professional_ User_Manual__V1.6.pdf

• https://dl.djicdn.com/downloads/phantom_3/en/Phanto m_3_Advanced_Use r_Manual__V1.6.pdf

• http://dl.djicdn.com/downloads/phantom-2- vision/en/Phantom_2_Vision_User_Manual_v1.8_en.pdf

• https://dl.djicdn.com/downloads/inspire_1/en/Inspir e%20_1_User_Manual __V1.8.pdf

The petitioner feels that requests for relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airwor thiness Certificates is unnecessary since prior rulings have found the afor ementioned sUAVs In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in considera tion of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that these aircrafts meet the conditions of Section 333. Therefore, the FAA finds that the requested re lief from 14 CFR part 21, Certification procedures for products and parts, Su bpart H—Airworthiness Certificates

, and any associated noise certification and testin g requirements of part 36, is not necessary.



### Commercial (Mission, Operation) Purpose:

This exemption request, once granted would allow th e petitioner to operate small unmanned aerial vehicle (sUAV), unmanned aircraft s ystem (UAS) to conduct a myriad of services categorized as “aerial data coll ection”. 3 Amongst those proposed: conduct bridge Inspections, flare stack inspection, utility-power generation system inspections and patrolling, aerial inspection, phot ography and videography of residential and commercial real estate, weddings, a erial inspection, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipelin e inspection and patrolling, cinematography, and videography, precision agricult ure with on board sensors,

3 FAA classifies “a erial data collection” to includes any remote sensi ng and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infra red, etc.), electronic measurement (precision surveying, RF analysis, etc. ), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.Charles J. Setaro PETITION FOR 333 Exemption
Page 6

aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring a nd comparing work efforts and completion percentages, and security of controlled environment of various sites,

aerial video and live video feed to assist with sea rch and rescue operations under the authority and support of local authority offici als, aerial video and photography for public and private use including television, pu blic events, and cinematography live feed and live newsgathering, training to perso ns individually or belonging to both private and public organizations to increase a wareness and improve safety for current and future UAS operations within the NAS, s pecial events: including high schools. colleges, professional sports, open air ev ents and fairs, research, risk management and assessment, disaster and catastrophe events.



### Regulations from which the Exemption Relief is request **ed:**

14 C.F.R. § 61.113 (a) & (b) 14 C.F.R. § 61.133(a) 14 C.F.R. § 91.7(a) 14 C.F. R.§ 91.119 14 C.F.R. § 91.121 14 C.F.R. § 91.151 (a) 14 C.F.R. § 91.405 (a) 14 C.F.R. § 407 (a) (1) 14 C.F.R. § 409 (a) (2) 14 C.F.R. § 417 (a) & (b)



### The name and address of the Petitioner:

Charles J. Setaro

27 Deer Hill Ave Danbury, CT 06810 cjset@att.net



### Background and Commitment to Safety

The petitioner is a highly accomplished, capable, e xperienced and trusted professional; serving nearly four decades in U.S. G overnment employment. Throughout those years petitioner has illustrated d eep concern and due regard for all safety aspects and actively co-authored EEP/EAP (Emergency Evacuation Plans/ Emergency Action Plans) for a medium sized governme nt facility.

Additionally, petitioner has safely operated as a h obbyist operating sUAV’s in a safe lawful manner and provided guidance to friends on s afety tips and procedures that the FAA web links that explain safety procedures. Through approval of thisCharles J. Setaro PETITION FOR 333 Exemption
Page 7

exemption I can forward my plans to operate sUAV(s) for commercial purposes with the same continued priority to safety.Charles J. Setaro PETITION FOR 333 Exemption
Page 8



## The Exemption Request

Petitioner proposes the use of the sUAV’s will be f or capture of high resolution imagery and video of residential or commercial appl ications and purposes to a level of quality that allows the Petitioner to use the im agery to identify, record, memorialize events and objects according to the pur poses noted.

The UAS will be operated by PIC and or contracting operators on occasion to capture high-resolution imagery/video of large stru ctures (wide and tall) such as warehouses, high rise buildings, bridges, and const ruction sites, as well as “birds eye” views of fire and explosion sites. Given the s mall size of the sUAV’s involved, no more than 55 lbs., majority of the speed of operati on be between 5-15 mph and the restricted environment within which they will opera te, the Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow c ommercial operations of UASs to commence immediately.



### Operator Requirements

While I am aware that the FAA feels it is not autho rized to exempt the PIC qualifications regarding being a pilot. 4 I nonetheless do wish to voice my opinion

for the record.

Given the sUAV proposed by Petitioner, Operators sh ould not be required to hold a private pilot license. Petitioner believes that 1) the operator, instead of understanding how to operate a passenger carrying a ircraft, should have knowledge and experience that enables the safe operation of a small, remotely piloted sUAV should understand airspace restrictions and know ho w to ensure separation from other aircraft as well as non-participants and prop erty; 2) the sUAV has built-in technical capabilities that limit the potential for unsafe operation and 3) there are other security screening mechanisms already in exis tence that Petitioner will utilize to ensure the operators are acting consistently wit h national security interests.

Given the sUAV safety features outlined below, Peti tioner proposes that its operations under this Exemption request should not be required to hold a commercial or private pilot certification. Instead, Operators should be required to: have successfully completed, at a minimum, FAA priv ate pilot ground instruction and/or passed the FAA Private Pilot written examina tion or FAA-recognized equivalents; have completed Petitioner’ appropriate training program for operation

of the UAS.

4 PIC must hold either an airline transport, commerci al, private, recreational, or sport pilot

certificate. The PIC must also hold a current FAA a irman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia , Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flig ht review requirements specified in 14 CFR §

61.56 in an aircraft in which the PIC is rated on h is or her pilot certificate.Charles J. Setaro PETITION FOR 333 Exemption
Page 9

Petitioner notes that 1) the FAA has found that saf ety factors permitted operation of sUAV’s by Operators with these proximal qualificati ons in the case of operations pursuant to public COAs when the mandatory operatin g conditions specified above were present; and 2) that the Notice of Proposed Ru lemaking entitled Operation and Certification of Small Unmanned Aircraft Systems, 8 0 F.R. 9544 (February 23, 2015) (“NPRM”), does not require the operator to hold a p rivate pilot license or a third

class medical.

Advanced sUAV’s has a navigation and control system and auto-pilot that allows it to execute very accurate pre-programed flights. Flight s are pre-programmed with GPS waypoint to establish perimeters beyond which the a ircraft will not operate. Flights under auto-pilot are not directed by positive manua l input, but through preprogrammed flight parameters that are executed by t he auto-pilot. In the case of unplanned events, the Operator inputs preprogrammed evasive maneuvers from the control unit, and the autopilot executes those mane uvers. Pre-programmed Operator interventions include: initiation of holdi ng at present position; suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (flight terminatio n system). Additional automated safety functions and safety enhancing fea tures of the Advanced sUAV’s may include the following:

1) Auto-pilot detection of lost GPS or of insuffici ent satellites initiates an immediate landing, 2) Low power on the aircraft triggers escalating a larms well in advance. Low power below 10% triggers an immediate landing, 3) If the auto-pilot detects a lost-link to the gr ound controller, the UAS will hold position at its current location for 5 seconds and if the signal is not restored, execute a return to home and land, 4) Redundant “kill switches” that enable completel y shutting the aircraft down in flight in the event of a loss of control or un-c ommanded deviation from the flight path, 5) The aircraft, weighs less than 55 lbs., fully l oaded, 6) The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the structure (im aging altitude) or a

maximum of 400 feet AGL.

See Federal Aviation Administration, Notice N-8900. 227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013); As the FAA has determined in Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the requirements for private pilot kno wledge and the knowledge required for a commercial pilot, that knowledge ass ociated with a private pilot license, and therefore private pilot ground school, was sufficient to allow private pilots to operate sUAV’s under those exemptions.Charles J. Setaro PETITION FOR 333 Exemption
Page 10

A handheld radio controller controls the sUAV and t he vehicle is operated within the line of sight. The requirements of Part 61.127 (com mercial flight proficiency) and §61.107 (private flight proficiency), to the extent they are relevant to UAS operations, can be taught in the training proposed herein. As a review of the requirements of part 61.127 and 107 demonstrate, th e issues presented as they relate to a 55 pound aircraft, operating at less th an 30 mph during filming operations are those taught in ground school and in flight training with the particular UAS and not gained from accumulating fli ght hours in a fixed wing or rotorcraft gas or jet A powered aircraft completing cross country flights and take offs and landings at controlled and uncontrolled ai rports.

The Operator will be operating the aircraft, always within line of sight. He or she will walk and follow the aircraft around the inspection area so that while it is flying its pre-programed and at times, manual flight path, the UAS will always be directly in his or her line of sight. The Operator will not be distracted by viewing the pictures taken during the flight. Rather, once the sUAV is l aunched, the Operator’s only duty will be to watch the flight of the UAS over any str ucture and intervene to address flight path deviations or other issues that arise d uring the flight. The functions that an observer performs where the aircraft is flown at long distances from the launch area will not be necessary as the Operator will alw ays have the aircraft in his or her direct sight. The observer also will not be necessa ry because the Operator will conduct a pre-flight inspection of the area, will a nd if needed, cordon off the area and will perform frequent visual scans of the area while the vehicle is operating.

Petitioner again notes that the NPRM does not requi re the use of a visual observer.

Given the clear direction in Section 333 of the Ref orm Act; the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the signif icant public benefit, including enhanced safety, reduction in environmental impacts , including reduced emissions associated with allowing battery powered sUAV’s for these functions instead of turbine or gas power aircraft/rotorcraft and operat ions with pilots having at least a private pilot license, the grant of the requested e xemptions is in the public interest. 5



### Aircraft and Equivalent Level of Safety

The Petitioner proposes that the exemption requeste d herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein.

5 Should the FAA determine that it cannot grant such an exemption for operations without a FAA licensed private pilot, despite the s howing made herein, under the statutory authority the FAA already has, Petitioner will operate its aircraft with pilots holding at least a private pilot certificate issued by the FAA. In that event, Petitioner requests that the exemption be granted w ith conditions similar to those contained in numbered paragraphs 14-15 in Exemption 11136Charles J. Setaro PETITION FOR 333 Exemption
Page 11

These limitations provide for at least an equivalen t or even higher level of safety to operations under the current regulatory structure b ecause the proposed operations represent a safety enhancement to the operations co nducted with conventional aircraft or with humans climbing up and around stru ctures. These conditions are drawn from Exemptions 11136, 11138, 11172, 11174 an d 11177, 11062, 11109, 11112, and 11213 and as recent as 11857.

These limitations and conditions to which petitione r (referred to as “Operator”) agrees to be bound when conducting commercial opera tions under an FAA issued exemption include:

1) Operations authorized by this grant of exemption ar e limited to the aircraft herein described, which are all a mult i-rotor crafts weighing less than 55 pounds: Proposed operations o f any other aircraft will require a new petition or a petition to amend this

grant.

2) The UA may not be flown at an indicated airspeed ex ceeding 30 mph (10 mph during inspections).

3) The UA must be operated at an altitude of no more t han 400 feet above ground level (AGL), as indicated by the proce dures specified in the Operator’s manual. All altitudes r eported to ATC

must be in feet AGL.

4) The UA must be operated within visual line of sight (VLOS) of the Aircraft Operator at all times. This requires the A ircraft Operator to be able to use human vision unaided by any devic e other than

corrective lenses..

5) The Exemption Holder’s Manuals must be amended to i nclude all conditions and limitations required by the FAA. The Manuals

must be maintained and made available to the Admini strator upon request. If a discrepancy exists between the c onditions and limitations in the exemption and the procedures out lined in the Exemption Holder’s Operator’s manual, the condition s and limitations in the exemption take precedence and mu st be followed. Otherwise, the Aircraft Operator must fol low the procedures as outlined in its Aircraft’s manual. Th e Exemption Holder may update or revise its Manuals. It is the Exemption Holder’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The Exemption Holder must also present upd ated and revised documents if it petitions for an extension or amendment of this exemption. If the Exemption Holder determin es that any update or revision would affect the basis upon whic h the FAACharles J. Setaro PETITION FOR 333 Exemption
Page 12 granted this exemption, then the Exemption Holder m ust petition for amendment to its exemption.

6) Prior to each flight, the Aircraft Operator/PIC mus t inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the nec essary maintenance has been performed, and the UAS is foun d to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenan ce and alterations must be properly documented in the airc raft records.

7) Any UAS that has undergone maintenance or alteratio ns that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must un dergo a functional test flight in accordance with the Exemp tion holder’s Manuals. The Aircraft Operator who conducts the fun ctional test flight must make an entry in the UAS aircraft recor ds of the flight. The requirements and procedures for a funct ional test flight and aircraft record entry must be added to t he Exemption Holder’s Operator’s manual.

8) The Exemption Holder must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacem ent, inspection, and life limit requirements, with parti cular attention to flight critical components that may not be addre ssed in the

manufacturer’s manuals.

9) The Exemption Holder must carry out its maintenance

, inspections, and record keeping requirements in acc ordance with the Operator’s Manuals. Maintenance, inspectio n, and alterations must be noted in the aircraft logbook, including total flight hours, description of work accomplished, and the signature of the authorized technician returning the UAS to s ervice.

10) Each UAS operated under this exemption must comply with all manufacturer System and Safety Bulletins.

11) If the UAS loses communications or loses its GPS si gnal, the UA must return to a pre-determined location within the private or controlled-access property and land or be recovered in accordance with the Exemption Holder’s Manuals.

12) The Aircraft Operator must abort the flight in the event of unpredicted obstacles or emergencies, including una uthorized people entering the flight area, in accordance with the Exemption Holder’s Manuals.Charles J. Setaro PETITION FOR 333 Exemption
Page 13 13) The Aircraft Operator is prohibited from beginning a UAS flight unless (considering wind and forecast weather condi tions) there is enough power to fly to the first point of intend ed landing and, assuming normal cruising speed,

14) All aircraft operated in accordance with the exempt ion must be identified by serial number, registered in accordan ce with 14 CFR part 47, and have identification (N- Number) ma rkings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

15) The documents required under 14 CFR 91.9 and 91.203 must be available to the Operator at the Ground Control Sta tion of the UAS any time the aircraft is operating. These docum ents must be made available to the Administrator or any law enfo rcement official upon request.

16) The UA must remain clear and yield the right of way to all other manned operations and activities at all times (incl uding, but not limited to, ultra-light vehicles, parachute activit ies, parasailing activities, hang gliders, etc.).

17) The UA may not be operated by the Aircraft Operator from any moving device or vehicle.

18) UAS operations may not be conducted during night, a s defined in

14 CFR 1.1.

19) All operations must be conducted under visual meteo rological conditions (VMC). The UA may not be operated less t han 500 feet below or less than 2,000 feet horizontally fro m a cloud or when visibility is less than 3 statute miles from t he Operator.

20) During operations the UA may not operate within 5 n autical miles of the geographic center of an airport as den oted on a current FAA-published aeronautical chart unless a l etter of agreement with that airport’s management is obtaine d, and the operation is conducted in accordance with a NOTAM, if as required by the Operator’s COA. The letter of agree ment with the airport management must be made available to the Administrator upon request.

21) Flight operations must be conducted at least 500 fe et from all nonparticipating persons, vessels, vehicles, and st ructures
unless:Charles J. Setaro PETITION FOR 333 Exemption
Page 14 a. Barriers or structures are present that sufficientl y protect nonparticipating persons from debris in the event o f an accident. The Aircraft Operator must ensure that nonparticipating persons remain under such protecti on. If a situation arises where nonparticipating persons lea ve such protection and are within 30 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permiss ion and/or the Aircraft Operator has made a safety asse ssment of the risk of operating closer to those objects an d;

c. Operations near the Aircraft Operator do not presen t an undue hazard to the Operator per § 91.119(a).



### How This Exemption Will Benefit Public as a Whole: Specific Uses Public Benefits

Petitioner proposes use of its sUAV provided equiva lent or augmented levels of safety for each of the uses proposed herein:

The present systems of photography and videography and mapping of inspecting the roofs, agriculture land, buildings and large st ructures site surveys, are now conducted by climbing on the roofs and structures t hat are steep, tall, slippery, weakened or otherwise hazardous or by the use of co nventional aircraft.

The current procedures can result in significant in juries to the people who must climb on the roofs or require the use of aircraft t hat are orders of magnitude greater in size than the sUAV. Either method, manual inspec tion or large conventional aircraft, results in increased risk of injury due t o personnel falling off roofs or ladders, carrying heavy ladders and dealing with co nfined and dangerous spaces, or increased risk from low altitude flyovers with heli copters or fixed wing aircraft inspecting buildings after damage from storms or ot her disasters, such as earthquakes or fires. Such flights are, of course, significantly more expensive than

those undertaken with a sUAV.

The present system exposes those not only in the im mediate area of inspection, but those who are along the path of flight associated w ith the arrival and departure of the conventional aircraft at the inspection site be cause the aircraft must be flown to and from the site. By contrast, the sUAV is carried to the site and transits no other property. Conventional aircraft carry flammable fue ls that are not carried by the UAS and emit pollutants associated with internal co mbustion engines. The sUAV’s proposed herein are battery powered and have no emi ssions. Manned aircraft carry highly flammable fuel a high risk potential for fir e/explosion.Charles J. Setaro PETITION FOR 333 Exemption
Page 15



### Discussion: Specific Sections of 14 CFR from Which Petitioner Seeks an Exemption & Equivalent Level of Safety

14 C.F.R. § 61.113(a) & (b); Private Pilot Privile ges and Limitations; Pilot in Command;

Section 61.113(a) & (b) limit private pilots to non -commercial operations. Unlike a conventional aircraft that carries a pilot, passeng ers, and cargo, the Petitioner’ sUAV is remotely controlled with no passengers or proper ty of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire.

Petitioner respectfully proposes that Operator requ irements should take into account the characteristics of the particular UAS. Petitioner’ sUAV has a high degree of pre-programmed control and various built-in tech nical capabilities that strictly limit the potential for operation outside of the op erating conditions set forth in the exemption application. The Petitioner’ sUAV has nav igation and control system comprised of a Ground Control Station (GCS) and aut o-pilot system that can be preprogrammed to set operational boundaries. All fligh ts are pre-programmed with precision GPS guidance.. In the case of unplanned e vents, the Operator may input pre-programmed evasive maneuvers from the control u nit, and the onboard autopilot executes those maneuvers. Pre-programmed Operator interventions include initiation of holding at present position; suspension of mission; fly back to launch point; abort mission and land immediately; a nd emergency power cut off and land (Flight Termination System).

Additional automated safety functions and safety en hancing features of the cited sUAV’s may include the following: 1. Auto-pilot detection of lost GPS or of insuffici ent satellites initiates an immediate landing. 2. Low power on the aircraft triggers escalating al arms and an immediate landing. 3. If the auto-pilot detects a lost-link to the gro und controller, the UAS will hold position at its current location for 5 seconds and if the signal is not restored, execute a return to home and land. 4. Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or un-commanded deviation from the flight path. 5. The aircraft, weighs less than 55 lbs., fully lo aded.

Petitioner notes that the FAA has found that safety factors permitted operation of UASs by Operators with these qualifications in the case of operations pursuant to public COAs where the mandatory operating condition s specified above were present. See, Federal Aviation Administration, Noti ce N-8900.227, UnmannedCharles J. Setaro PETITION FOR 333 Exemption
Page 16

Aircraft Systems (UAS) Operational Approval, at 20- 21 (July 30, 2013). Likewise, Petitioner notes that the NPRM does not require tha t the Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equival ent level of safety will be provided by allowing operation of the petitioner’s sUAV without a private pilot’s certificate or a commercial pilot’s certificate, un der the conditions set forth herein.

The risks associated with the operation of the peti tioner’s sUAV (given its size, speed, operational capabilities, and lack of combus tible fuel) are so diminished from the level of risk associated with private pilot ope rations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth above m eets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b ) and does not rise to the level of requiring a commercial pilot to operate the aircraf t under § 61.133(a).

Subpart H—Airworthiness Certificates **, and any associated noise certification and testin g**  **requirements of part 36, is not necessary.**



### 14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exis t for airworthiness of the UA. Given the size of the aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as contained in the manual, an equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight. The FAA has granted exemptions to conduct similar o perations in Exemptions 11062 through 11067, 11080 and 11110. 6



### 14 C.F.R. § 91.109: Flight Instruction

14 CFR 91.109 Flight Instruction; Simulated instrum ent flight and certain flight tests. The regulation states, "No person may operate a civ il aircraft that is being used for flight instruction unless that aircr aft has fully functioning

dual controls."

6 In accordance with the statutory criteria provided in Section 333 of Public Law 112 −95 in reference to 49 U.S.C. § 44704, and in consideration of the s ize, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that

the listed aircrafts meets the conditions of Sectio n 333. Therefore, the FAA finds that relief from 14 CFR part 21, C ertification procedures for products and parts,Charles J. Setaro PETITION FOR 333 Exemption
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sUASs and remotely piloted aircraft, by their desig n do not have fully functional dual controls. Flight control is accomplished through th e use of a control box that

communicates with the aircraft via radio communicat ions. The FAA has approved exemptions for flight training without fully functi onal dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot no r passengers will be carried in the aircraft and by the size and speed of the aircraft.



### 14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operate d at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the

FAA.

As this exemption is for a sUAS that is a helicopte r and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations.

Compared to flight operations with aircraft or roto rcraft weighing far more than the maximum 55 lbs. and the lack of flammable fuel, any risk associated with these operations is far less than those presently present ed by conventional aircraft operating at or below 500 AGL in the aerial photogr aphy industry. In addition, the low-altitude operations of the sUAS will ensure sep aration between these small-UAS operations and the operations of conventional aircr aft that must comply with Section 91.119. The FAA has granted exemptions to c onduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.



### 14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriat e altimeter setting available before departure.”

As the Petitioner’ sUAV, in manual or emergency mod e, will not have a barometric altimeter display, but instead a GPS altitude displ ay, an exemption will be needed. The Operator, pursuant to the procedures set forth in the Manuals as indicated before flight, will achieve an equivalent level of safety. The PIC will also verify altimeter reading of zero at ground level before ta keoff. The FAA has granted exemptions to conduct similar operations in Exempti ons 11062 through 11067,

11080 and 11110.Charles J. Setaro PETITION FOR 333 Exemption
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### 14 C.F.R. § 91.151(a): Fuel Requirements for Flight **in VFR Conditions**

Section 91.151(a) prohibits an individual from begi nning “a flight in an airplane under VFR conditions unless (considerin g wind and forecast weather conditions) there is enough fuel t o fly to the first point of intended landing, and, assuming normal cru ising speed – (1) During the day, to fly after that for at least 30 m inutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximatel y 25 minutes of powered flight. It would be impossible for the sUAV to meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would b e unachievable. Given the limitations on the UAS’ proposed flight area and th e location of its proposed operations within a predetermined area, a longer ti me frame for flight is reasonable.

Petitioner believes that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

Petitioner believes that an equivalent level of saf ety can be achieved by limiting flights to ~15 minutes or 25% of remaining battery power whichever happens first. This restriction would be more than adequate to ret urn the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exempti ons 2689F, 5745, 10673, 10808 and Exemptions 11062, through11067, 11080 and 11110

.

Since the aircraft will never fly more than 1/2 nm from the point of intended landing, a full battery charge at launch will ensure that we e asily meet the reserve energy requirement of this paragraph



### 14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2 **); 91.417(a) & (b): Maintenance**
**Inspections**

These regulations require that an aircraft Operator or owner “shall have that aircraft inspected as prescribed in subpa rt E of this part and shall between required inspections, except as provi ded in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the P etitioner. Maintenance will beCharles J. Setaro PETITION FOR 333 Exemption
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accomplished by the Operator or manufacturer pursua nt to the flight manual and operating handbook as referenced in the Manuals att ached. An equivalent level of safety will be achieved because these small UASs ar e very limited in size and will carry a small payload and operate only in defined a reas for limited periods of time. If mechanical issues arise, the UAS can land immedi ately and will be operating from no higher than 400 feet AGL. the Operator will ensu re that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Operator and m anufacturer are most

familiar with the aircraft and best suited to maint ain the aircraft in an airworthy condition to provide the equivalent level of safety . The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 and 11110. The

PIC will ensure that the aircraft is in an airworth y condition prior to flight and conduct detailed. Petitioner additionally feels that due t o the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent l evel of safety

*********



## Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should it be determined that publication is needed:

Petitioner, Charles J. Setaro seeks an exemption fr om the following rules:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.1 21; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for the followin g purposes: to conduct bridge inspections, flare stack inspection, utility-power generation system inspections and patrolling, aerial inspection and photography of re sidential and commercial utility infrastructure including but not limited to electri cal power lines, wind turbines and cell towers, pipeline inspection and patrolling, fi lmmaking, cinematography, and videography, precision agriculture with on board se nsors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support op erations, aerial video and live video feed to assist with search and rescue operati ons under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, an d cinematography live feed and live newsgathering, training to persons individuall y or belonging to both private and public organizations to increase awareness and impr ove safety for current and future UAS operations within the NAS, special event s: including high schools. colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production, surface mining, closed set filming, disaster and catastrophe events.Charles J. Setaro PETITION FOR 333 Exemption
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## Privacy and National Security

All flights will occur over private or controlled a ccess property with the property owner’s prior consent and knowledge. Inspection wil l be of inanimate objects in

areas where the owners will have consented to the i nspections or otherwise have agreed to allow the UAS and the Operator to be in t he area where operations will take place.

The size of the UAS, its speed, payload capacity, s hort flight time (~22minutes or less) and restricted area of operation do not raise national security issues.



## Summary

Approval of exemptions allowing commercial operatio ns of sUAV’s for petitioner to operate an unmanned aircraft system (UAS) to conduc t “data collection” activities previously described will enhance safety by reducin g risk.

Conventional operations, using jet or piston powere d aircraft, ladders or placing people in swamps, on roofs or tall, hazardous or we akened structures, exposes them to higher risks than those created by use of a sUAV ’S. Conventional aircraft that operate at extremely low altitudes just feet from t he subject being inspected and in extreme proximity to people and structures present the risks associated with vehicles that weigh in excess of 6,000 lbs., carryi ng large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircra ft must fly to and from the project location. In contrast, a sUAV weighing fewer than 5 5 lbs. and powered by batteries eliminates virtually all of that risk given the red uced mass and lack of combustible

fuel carried on board. The sUAV is carried to the t arget area and not flown. The sUAV will carry no passengers or crew and, therefor e, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the strict conditions outlined above, will provide an equivale nt level of safety supporting the grant of the exemptions requested herein. These lig htweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the customer for the operations and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in clo se proximity to the ground and people or the use of individuals to climb the struc tures to conduct the operations.

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012 –size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the request ed exemptions allowing commercial operation of Petitioner’s UAS for the Pu rposes outlined herein and are consistent with exemptions already granted, includi ng Exemptions number 11171Charles J. Setaro PETITION FOR 333 Exemption
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through 11174, 11176, 11177, 11062, 11109, 11112, a nd 11213 and as recent as

11857.

Respectfully Submitted:

/s/ Charles J. Setaro (petitioner)

Attachments: Manuals- DJI Phantom 3 Standard, DJI P hantom Advanced DJI

Phantom Professional, Phantom 2 Vision+, DJI Inspir e 1Charles J. Setaro PETITION FOR 333 Exemption
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