Blair Humes, Sole Proprietor

RE Broker, CIO

141 E Westlake Dr S

Allyn, WA 98524

253-778-9216

blairhumes@gmail.com

October 5, 2015

U.S. Department of Transportation

Docket Operations, Room W12-140

West Building Ground Floor

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

RE: Petition of Blair Humes, Sole Proprietor for Exemption pursuant to Section 333 of

the FAA Reform

Act.

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”),

and 14 CFR Part 11, Blair Humes, Sole Proprietor ( the “Applicant”), private pilot and operator of Small

Unmanned Aircraft Systems (“sUAS”) equipped to conduct aerial photography and videography, hereby

applies for an exemption from certain Federal Aviation Regulations (“FARs”) to allow commercial operation

of its sUASs, so long as such operations are conducted within and under conditions outlined

herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUASs under controlled airspace that is (1) limited; (2)

predetermined; and (3) controlled as to access. Approval of this proposed exemption would

thereby enhance safety and fulfill the Secretary of Transportation’s (the “FAA Administrator’s”)

responsibilities to “establish requirements for the safe operations of such aircraft systems in the

national airspace system.” Section 333(c) of the Reform Act.

SUMMARY

The Applicant is a media/technology/real estate company owned and run by Blair Humes,

and plans to operate a sUAS to provide commercial services including aerial surveying, event

photography and videography, real estate photography/videography, site inspections and related

cinematography footage.

The Applicant seeks an exemption to operate the DJI Phantom 3 Professional system (the

“Phantom 3”) for compensation or hire within the National Airspace (“NAS”). The Phantom 3 is

a vertical takeoff and landing sUAS with a Ground Control Station utilizing electronic tablet or
smart phone systems. The Phantom 3 has a maximum gross weight of approximately 2.8

pounds, with a diagonal dimension of 23.2 inches, and a maximum speed of 16.4 feet per second.

The Phantom 3 is equipped with four main rotors and driven by Lithium Polymer battery

powered electric motors.

Unmanned Aircraft Systems are oftentimes seen as superior to helicopters due to the smaller

devices, cheaper equipment and personnel costs, reduced noise, and much smaller environmental

impact which promotes public safety. The Applicant is petitioning for an exemption to enable

Blair Humes, Sole Proprietor to operate the Phantom 3 equipped with a three-axis camera

gimbal and a 4K camera. This sUAS has a built in capability to limit the height it flies above the

ground, and to limit the radius of the distance it flies from the operator. The Phantom 3 also has

the fail safe function of the autopilot system which means if the communication between the

main controller and the transmitter is disconnected, the outputs of all command sticks from the

controller will go to the center position, and the system will automatically trigger Return to

Home and will land safely.

A copy of the Phantom 3 User Manual and Safety Guidelines (collectively, the “User Manual”)

are attached to this Application and should be referred to for all performance limitations and

flight operations.

A pre-flight inspection will be performed by the Pilot-in-Charge (the “PIC”) in accordance with

the User Manual. Propellers will be inspected pre-flight and any propeller with a nick or crack

will be replaced with a manufacturers authorized propeller. The sUAS will be maintained in

accordance with the User Manual and only manufacturer’s authorized replacement parts will be

used.

The sUAS will operate only in line of sight and will operate in accordance with the User Manual.

All flights will occur over private or controlled access property with the property owner’s or

their duly appointed representative’s prior consent and knowledge.

The sUAS will be operated by Blair Humes. As a pilot in command, Blair Humes will have significant

training and experience to operate the Phantom 3. As the pilot in charge of the Phantom 3, Blair Humes

experience will ensure that the sUAS is safely operated at all times.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,”

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in

National Airspace (“NAS”). Section 333(a) states that the FAA “shall determine if certain

unmanned aircraft systems may operate safely in the national airspace system before completion

of the (comprehensive) plan and rule making required by Section 332(b)(1) of this Act or the

guidance required by section 334 of the Act.” In Section 332(b)(1), Congress made it clear that

Section provides a mechanism for “expedited operation authorization” if several factors are met.

The Applicant meets all requirements to permit FAA approval of commercial UAS operations

and such an exemption should be granted.

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In accordance with 14 CFR § 11.81, the Applicant provides the following information in support

of its petition for exemption.

I. Contact Information

Blair Humes, Sole Proprietor

Blair Humes-Owner

141 E Westlake Dr S

Allyn, WA 98524

253-778-9216

blairhumes@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which

Blair Humes, Sole Proprietor Requests Exemption are:

14 CFR Part 21 Subpart H

14 CFR Part 27, Airworthiness Standards: Normal Category Rotorcraft

14 CFR § 45.23(b)

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.9(b)(2)

14 CFR § 91.103

14 CFR § 91.109

14 CFR § 91.119

14 CFR § 91.121

14 CFR § 91.151(a)

14 CFR § 91.203(a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405(a)

14 CFR § 407(a)(1)

14 CFR § 409(a)(2)

14 CFR § 417(a) & (b)

14 CFR § 91.401-91.417

III. The extent of relief you seek, the reason you seek the relief, and the reasons why

the exemption will not adversely affect safety.

14 CFR Part 21, Subpart H: Airworthiness Certificates & 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by 14 CFR § 91.203(a)(1). Given the size and

limited operating area associated with Phantom 3, an exemption from Part 21, Subpart H meets

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform

Act.

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The Federal Aviation Act (49 USC § 44701(f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircrafts from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular UAS. In all cases an analysis of these criteria demonstrates that

a sUAS operated without an airworthiness certificate, in the restricted environment and under the

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed-wing or

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions

proposed.

Here an equivalent level of safety will be reached because the sUAS to be operated hereunder is

less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and carries no explosive

materials or flammable liquid fuels. Based on the sUAS’s light weight and carbon fiber and

plastic construction, the sUAS will be at least as safe, if not safer than a conventionally

certificated aircraft performing the same mission.

These safety enhancements, which already apply to civil aircraft operated in connection with

existing inspection operations, provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates issued under 14

CFR Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the sUAS due to its size, speed of operation, location

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 CFR Part 27: Airworthiness Standard: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal

category rotorcraft. To the extent the Applicant’s sUAS would otherwise require certification

under Part 27, as a rotorcraft, the Applicant requests an exemption from Part 27’s airworthiness

standard for the same reasons identified in the exemption request from 14 CFR Part 21, Subpart

H.

14 CFR 45.23(b), 45.27(a) and 91.9(c) – Marking and Identification Requirements

The Application seeks an exemption from the aircraft marking and identification requirements in

14 CFR 45.23(b), 45.27(a), and 91.9(c). These regulations require that 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 operator

must also display certain terms near each entrance to the cabin, cockpit, or pilot station, in letters

not less than two inches or more than six inches high. Here, the sUAS will not be issued an

airworthiness certificate and there will be no cabin or cockpit upon which certain words may be

displayed. An equivalent level of safety for these exemptions will be reached by having the

sUAS marked on its fuselage where the pilot, observer, and others working with the sUAS will

see the identification of the sUAS as “Experimental”. The Applicant will also comply with any

further requests for sUAS markings by the FAA.

14 CFR 61.113 Private pilot privileges and limitations.

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The regulation provides that no person that holds a Private Pilot certificate may act as a Pilot in

Command (“PIC”) of an aircraft for compensation or hire. Subpargraph (b) allows a private pilot

to act as a PIC of an aircraft in connection with any business or employment if the flight is

incidental to that business or employment, and the aircraft does not carry passengers or property

for compensation or hire. Because the sUAS will not carry a pilot or passengers and is inherently

stable with a sophisticated computer and GPS controls, the proposed operations meet the

equivalent level of safety as the regulation by requiring the PIC operating the sUAS to have

significant and extensive experience operating the sUAS in a non-commercial environment.

Furthermore, the area of operation is controlled and restricted, and all flights are planned and

coordinated in advance according to the User Manual, and the flights are of limited duration and

altitude.

14 CFR 91.7 Civil Aircraft Airworthiness.

No such airworthiness certificate will be issued for the sUAS and therefore this regulation is

inapplicable to the Applicant’s sUAS. The Applicant will ensure that the sUAS is in airworthy

conditions based upon compliance with the operating documents prior to every flight, and

determine that the sUAS are in safe operational condition. Given the size of the sUAS and the

requirements contained in the User Manual for maintenance and use of safety checklists prior to

each flight, an equivalent level of safety will be provided.

14 CFR 91.9 Civil Aircraft flight manual, marking and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. The applicant believes the intent of this regulation is to ensure that

flight manual information is available to the aircrew while operating the aircraft. The Applicant

requests an exemption because the aircraft to too small to carry the documentation, and the

documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of Section 91.9, the Applicant proposes that a User

Manual be made available to the crew at the ground station anytime the aircraft is in or preparing

for flight.

14 CFR 91.103 Preflight Action

The Application seeks an exemption from 91.103, which requires a PIC to become familiar with

specific information before each flight, including information contained in the FAA approved

Flight Manual on board the aircraft. An FAA approved Flight Manual will not be provided for

the sUAS, and therefore an exemption is required. An equivalent level of safety will be provided

by following the sUAS Manual’s comprehensive preflight checklist. The PIC will take all

actions, including reviewing weather, flight battery requirements, landing and takeoff distances,

and aircraft performance data, before initiation of flight.

14 CFR 91.119 Minimum Safe Altitudes.

The regulation establishes safe altitudes of civil aircraft and states that the minimum safe altitude

requirements under which an aircraft may not operate, include 500 feet above the surface and

away from any person, vessel, vehicle or structure in non-congested areas. Section 91.119(d)(1)

allows for a helicopter to operate at less than those altitudes when it can be operated without

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hazard to persons or property on the surface, provided that each person operating the helicopter

complies with any routes or altitudes specifically prescribed for helicopter by the FAA. To

provide the intended photography and inspections the sUAS will normally need to be operated

within a range of between 50 and 200 feet from the property being filmed or photographed, and

therefore an exemption is required. The Applicant submits that an equivalent level of safety may

be achieved because operations will only be flown over property or persons where permission

has been obtained and careful pre-planned flight path has been performed. The aircraft will be

operated at a low altitude allowing, if the power fails, for an emergency landing without undue

hazard to persons or property on the surface. Based on the small size of the UAS, the hazard to

persons, vehicles and structures is limited when compared to manned aircraft, which should be

considered in granting the exception.

14 CFR 91.121 Altimeter settings.

This regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet above

ground level (“AGL”) and will not need to maintain cruising altitudes in order to prevent conflict

with other aircraft. An equivalent level of safety will be achieved by following the procedures

set for in the User Manual, and the PIC will use the GPS altitude indicator to constantly monitor

the sUAS height, thus ensuring operation at safe altitudes.

14 CFR 91.151 Fuel Requirements for flight in VFR Conditions.

The regulation provides that no person may begin a flight in an airplane under VFR conditions

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at

least 30 minutes, or if in a rotorcraft for at least 30 minutes. The Applicant believes that the

intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing.

The battery powering the sUAS provides for approximately 23 minutes of powered flight. An

equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of remaining

battery power, whichever happens first. This restriction would be more than adequate to return

the sUAS to its planned landing zone from anywhere within its limited operating area. Operation

of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that.

Moreover, operation will be limited to controlled areas where only people and property owners

or official representative who signed waivers will be allowed. Based on these considerations an

equivalent level of safety will be ensured.

14 CFR 91.203(a) & (b) Civil Aircraft: Certifications Required.

The regulation provides that an airworthiness certificate, with the registration number assigned to

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph

(b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so

that it is legible to passengers or crew.” Here the sUAS is too small to carry documentation,

does not have an entrance, and is not capable of carrying passengers or crew. Toobtain an

equivalent level of safety and meet the intent of Section 91.203, the Applicant proposes that

documents deemed appropriate for the sUAS be with the crew at the ground control station and

available for inspection upon request. In order to identify the aircraft, we propose that the

information found on airworthiness and registration certificates be permanently affixed to the

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aircraft view placard containing the following information plus the word experimental to satisfy

the requirement of 14 CFR 45.23.

14 CFR Subpart E, Sections 91.401-91.417 – Maintenance, Preventive Maintenance,

and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be “approved for return to service by a person authorized under

43.7” after maintenance and inspection. It is the Applicant’s intention that the PIC perform

maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to

service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of flight. Maintenance

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking

electrical connections and updating software and firmware for the on-board computer. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

will document work performed in accordance with 91.417. Due to the size, construction and

simplicity of the aircraft, the PIC can ensure an equivalent level of safety is reached.

IV. Safety and Benefits of the UAS to the Public as a whole

The Applicant will use the sUAS in a variety of applications that generally require expensive and

full-size manned aircraft to complete. Small, light, unmanned aerial v ehicles offer numerous

benefits over the use of full-sized manned aircraft for real property inspections, and event film

and still photography. The safe operation of sUAS will allow a wider range of individuals to

obtain the benefits of aerial photograph, at a manageable and reasonable cost. The public as a

whole will benefit from the safer and more cost-effective availability of aerial photography.

Replacing larger manned aircraft carrying crew and flammable materials with small UAS

carrying no passengers or crew provides increased safety for pilots and crew. By granting the

Applicant’s requested exemptions, the FAA will assist with the development and safety of

commercial sUAS operations. Therefore, the FAA has good cause to grant this application.

V. A Summary for Publishing in the Federal Register

Blair Humes, Sole Proprietor seeks an exemption from the following rules:

14 CFR Part 21; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR

91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417(a) & (b).

Blair Humes, Sole Proprietor seeks this exemption for the purposes of conducting aerial

photography, videography and inspections for commercial and residential real estate, legal,

construction and insurance industries, and event photograph/videography and related

cinematography footage.

Blair Humes, Sole Proprietor does not intend to operate the sUAS outside of the

United States.
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VI. Conclusion.

As set forth herein, Blair Humes, Sole Proprietor seeks an exemption pursuant to 14 CFR

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit

safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for

the limited purpose of conducting aerial video and photography over certain areas of the United

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Act of 2012 while also advancing the interest of

the public, by allowing the safe, efficient and economical operation of the DJI Phantom 3 UAS

commercially within the NAS.

Dated: October 5, 2015

Blair Humes, Sole Proprietor

_____________________________________

Blair Humes, Owner

141 E Westlake Dr S

Allyn, WA 98524

253-778-9216

blairhumes@gmail.com
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