U.S. Department of Transportation , Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

- 0001

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of

2012 , 49 U.S.C. § 44701 (f), and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam,

My name is Bradley Russell and I am representing Michael G. Domokur of Domokur Architects

for the submission of the Petition for Section 333 Exemption on his behalf under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”).

Applicant Information: The primary contact for this application is:

Michael G. Domokur

4651 Medina Road Akron, Ohio 44321

330.66 6.7878

Domokur Architects is a professional consulting firm based in Akron, Ohio specializing in planning and design for institutions of higher education, government agencies, healthcare providers, corporate organizations, camps and community service groups. The firm consists of a mul ti

disciplinary staff of architects, interior designers, landscape architects, planners, project/construction administrators and cost estimators. The firm was originally formed under the

State laws of Ohio in 1975 under the name Peterson/Raeder Architects

. Michael Domokur was first employed there in 1979, became a partner in the firm in 1989 and acquired fu ll ownership of the firm in 2005. The name Domokur Architects was officially adopted in 2008, as Michael Domokur maintains sole ownership of the compa ny to this day.

Pursuant to Section 333 of the FMRA, Domokur Architects hereby requests a determination by the Secretary of Transportation authorizing commercial operations of a small Unmanned Aerial System ( s UAS ) for the purposes of aerial photography & videography, mapping, aerial inspections, data collection, commercial videos and other work related to aerial photography in

the National Airspace System ( NAS )

. Flight operations will utilize the off

- the

- shelf “ DJI Phantom

3 Advanced” unmanned aircraft. Conduct of s UA S operations will be with respect to FMRA Section 333(c) and the s UAS “Blanket COA”.Petition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 2 of 10 Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption request s that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing Domokur Architects to conduct commercial s UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low altitude environment given the size, speed and inherent risk of traditional commercial fixed wing aerial photography/survey operations. Domokur Architects will conduct the commer cial

s UAS operation in a manner that will meet, and in many cases exceed, the current level of safety of commercial fixed wing operations.

s UA S that are less than 10 lbs. have a low noise signature and carry no volatile fuel. The low expense of operation compared to cost prohibitive manned aviation alternatives allow a greater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section

333 (c) is in the public interest. s UAS technology used for these commercial purposes ben efit the public interest in the following ways:

 Reduces the collateral damage risks to life and property associated with low altitude fixed wing operations

 Increased economic wellbeing to local businesses via cost reductions.

 Reducing noise pollution in both populated and rural areas, as well as areas within the City, State, and National Park SystemPetition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 3 of 10 

### Table of Contents

I. Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot

- in

- Command (PIC)

V. Public Interest

VI. Summary

VII. List of AttachmentsPetition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 4 of 10 I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), Domokur Architects requests exemption from the following regulations:

 14 C.F.R. Part 21 Subpart H

– Airworthiness Certificates

Establishes: The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1)

Given the small size of the s UA S and the safeguards that will be taken as outline d below, an exemption from Part 21 Subpart H meets the requirem ents of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular s UAS.”

 14 C.F.R. § 45.23(b)

– Aircraf t Marking and Identification Requirements

When marks include only the 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 ope rator 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 applic able.

Domokur Architects will ensure compliance with § 45.29 (f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii)

– Private and Commercial Pilot Privilege and

Limitations

14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for com pensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment

14 C.F.R. § 6 1.133: (a) Privileges

– (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

s UA S operations will employ a PIC who holds a commercial fixed wing single engine land and Multi Engine Land rating, as well as a fixed wing CFI, CFII, and CFMEI , as well as a current first

class FAA medical

. The PIC will have direct knowledge of the NAS and operation within in accordance with the 14 C.F.R as well as the AIM, although the PIC does not hold a Rotorcraft Rating.

 14 C.F.R. 91.7(a)

– Civil Aircraft Airworthiness

No person may operate a civil aircraft unless it is in an airworthy condition.

The PIC will conduct daily pre and post flight inspections in accordance with the manufacture r’ s maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately upon identification of an in

- flight emergency or other unsafe condition (s)

. By complying with procedures outlined by the manufacturer, an equivalent level of safety will be

achieved.Petition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 5 of 10  14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

(b)(2) Prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

By keeping all operating documents, manuals, authorizations and exemptions in a binder co

located with the s UAS, Domokur Architects will meet the intent of the regulations and therefore achieve an equivalent level of safety.

 14 C.F.R. 91.109(a )

– Flight Instruction No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

The majority of sUAS by design are developed with single opera tional control through the use of

pre

- determined GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training in sterile environments. Training sessions will be accomplished separately from flights conducted for compensation or hire.

 14 C.F.R. 91.119 (c)

– Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any congested area of a c ity, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of

500 feet above the surfa ce, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any rout es or altitudes specifically prescribed for helicopters by the FAA.

Commercial s UAS operations will be conducted at or below the maximum altitude authorized by

COA. Given the size, weight and lack of fuel, combined with operation limitations listed below

, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.

 14 C.F.R. 91.121

– Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating...

Domokur Architects’ sUAS is equipped with Global Positioning System (GPS), which provide altitude and geo

- location data to the operator without utilizing an altimet er. Due to this fact, an exemption is required. GPS are precise within a few feet

, and combined with fail

- safes and a

visual observer

, the operation will meet an equivalent level of safety.

 14 C.F.R. 91.151(a)

– Fuel Requirements for Flight in VFR Cond itionsPetition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 6 of 10 No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

— (1) During the day, t o fly after that for at least 30 minutes;

This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority of sUAS which have flight times of only an

hour or less, this regulation would effectively deny the ability of the air vehicle to operate. The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the DJI low battery failsafe system.

 14 C.F.R. 91.215(b)

– ATC T ransponder and Altitude Reporting Equipment and Use.

All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is

eq uipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by A TC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C

- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude

information in 100

- foot increments. This requirement applies

—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine

- driven electrical system or which has not subs equently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations

are conducted

—

(i) Outside any Cla ss A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an engine

- driven electrical system or which has not subs equently been certified with such a system installed, balloon, or glider

—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10

- nautical

- mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200

feet outside of the lateral boundaries of the surface area of the air space designated for that airport.

The sUAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists for the sUAS, which can be installed. The petitioner requests relief from thePetition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 7 of 10 exemption to the extent requi red to operate in areas in which a transponder is required according the applicable regulations in this part.

The PIC will achieve an equivalent level of safety by complying with all provisions of the COA under which operations are to be conducted. By is suing appropriate NOTAMS and prior ATC coordination, an equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a transponder is required but not operable. In order to give proper notice to the ATC, the PIC will comply with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply with all altitude limits and airport standoff distances required by COA, which mitigate hazards to aircraft controlled by the ATC in congested airspace.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)

– Maintenance Inspections

91.405(a) States: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) o f this section, have discrepancies repaired as prescribed in part 43 of this chapter

91.407(a)(1) States: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— ( 1) It has been appr oved for return to service by a person authorized under § 43.7 of this chapter

91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— ( 2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records.

91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or o perator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PIC will conduct a dedicated test flight to ensure safety before resuming commercia l operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety.Petition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 8 of 10 II. Commer cial Operator/Operation

Any s UA S flown under this exemption will be controlled by a certificated PIC. The PIC will hold a commercial fixed wing single engine land and Multi Engine Land rating, as well as a fixed wing CFI, CFII, and CFMEI

.

For each flight, Domokur Architects:

 Will contact the controlling air traffic orga nization to issue a NOTAM when necessary.

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property or authorized access areas.

 Wil l conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated representative.

 Will identify potential obstructions or other hazards to safe operation.

 Will clear the area of personnel or bystanders that are non

- essential to the operation, maintaining at a minimum, 500 feet away from non

- participating persons.

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating

persons

.  Will at all times yield to manned air traffic.

 Will maintain voice communications with VO and participating persons

.  Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted.

 Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder co

- located

with the sUAS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons or property becomes compromised.

 Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.Petition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 9 of 10 III. Unmanned Aircraft System

Domokur Architects seeks exemption to operate its DJI s UAS. The “ DJI Phantom 3 Advanced” is the primary aircraft in our operation for which we seek exemption. The s UA S will be flo wn via a combination of RC control and compatible tablet /smart phone

. This s UA S type is a GPS equipped, multirotor helicopter. A quad

- copter type rotorcraft utilizing four motors. Lithium

polymer batteries power the s UA S

. The sUAS also has an integrated high definition camera that is permanently attached to the structure of the unit and cannot be removed.

The s UA S also has several fail

- safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manuals. The s UA S display visual and emit an audible low battery alerts at which time the s UA S will automatically engage the landing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in

VFR conditions.

Given the size, weight, speed, and controlled operating area associated with the s UA S to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The s UA S will display the registration number in the largest practicable lettering. Domokur Architects seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted accord ing to operations manual and prudent judgment as previously outlined to determine the integrity and safety of the s UA S and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an

airworthines s certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The

s UA S will not be operating with an airworthiness certificate

, therefore this would not be applicable . The s UAS are too small to carry the operating documents

, so an equ ivalent amount of safety can be achieved through keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)

Under part § 61, private pilots are limited to non

- commercial operations, however Domokur

Architects can ensure s UA S o perations will achieve an equivalent level of safety as current regulation because s UA S do not carry any pilots or passengers , and the PIC will be a licensed commercial pilot

. A commercial pilot certificate will ensure RC piloting ability due to his or he r knowledge of the NAS System, as well as safe decision

- making skills that comes from the experience in achieving such license. PIC ’ s will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations. The PIC will not hold a Rotorcraft Rating on his or her license, so an exemption is needed to operate the

s UA S due to its rotorcraft status.

V. Public Interest

Given the above stated evidence, procedures, and precautions operating s UAS commercially for the purposes of aerial photography & videography, mapping, aerial inspections, data collection, commercial videos and other work related to aerial photography will ulti mately be in the public

interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. s UA S operations will allow greater access to

commercial aerial services that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community

, and subsequently the public.

s UA S operations are associated with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations.Petition for Section 333 Exemption 0 1 / 2 6 /1 6

Domokur Architects Page 10 of 10 VI. Summary

Pursuant to Section 333 of PL 112

- 95 commonly known as the “FAA Modernization and Reform Act of 2012”, Domokur Architects, hereby applies for authorization to condu ct commercial small

U nmanned A erial S ystems ( s UAS) operations for the purposes of aerial photography & videography, mapping, aerial inspections, data collection, commercial videos and other work related to aerial photography listings r ules for which exempt ion is sought:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.1 51(a)

 14 C.F.R. § 91.215(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

Please f eel free to contact me directly with any question regarding our exemption request (440)

781

- 0499.

Sincerely

Bradley Russell

V I I. List of Attachments

DJI Phantom 3 Advanced User Manual v1.6

DJI Phantom 3 Advanced Quick Start Guide v1.2 DJI Phantom 3 Intelligent Flight Battery Safety Guidelines

# Attachments

* * Disclaimer: All documentation included in the subsequent “Attachments” section

is produced solely by the DJI Science and Technology Co., Ltd . and is made available to its customers to facilitate responsible ownership practices of its products. This infor mation is included as reference documents only in support of

the Petition for Section 333 Exemption.

# DJI Phantom 3 Advanced User Manual v1.6

# DJI Phantom 3 Advanced Quick Start Guide v1. 2

# DJI Phantom 3 Intelligent Flight Battery Safety Guidelines