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 ofTransportation Docket Operations, Room W12-140 West Building Ground Floor 1200 NewJerseyAvenue, S.E. Washington, D.C. 20590

RE: Petition of Blair Humes, Sole Proprietorfor Exemption pursuant to Section 333 of the FAA Reform Act.

Dear Sir or Madam, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (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 ofits sUASs, so long as such operations are conducted within and underconditions outlined herein oras may be established bythe FAAas required by Section 333.1 As described more fully below, the requested exemption would permit the operation ofsmall, unmanned and relatively inexpensive sUASs under controlled airspace that is (1) limited; (2) predetermined; and (3) controlled as to access. Approval ofthis proposed exemption would thereby enhance safety and fulfill the Secretary ofTransportation’s (the “FAAAdministrator’s”) responsibilities to “establish requirements forthe safe operations ofsuch aircraft systems in the national airspace system.” Section 333(c) ofthe 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 cinematographyfootage

. The Applicantseeks 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 takeoffand landing sUAS with a Ground Control Station utilizing electronic tablet orsmart phone systems. The Phantom 3 has a maximum gross weight ofapproximately2.8

pounds, with a diagonal dimension of23.2 inches, and a maximum speed of 16.4 feet persecond. 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 superiorto helicopters due to the smaller devices, cheaperequipmentand personnel costs, reduced noise, and much smallerenvironmental impactwhich promotes public safety. The Applicant is petitioning foran exemption to enable Blair Humes, Sole Proprietorto 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 limitthe radius ofthe distance itflies from the operator. The Phantom 3 also has the fail safe function ofthe autopilot system which means ifthe communication between the main controllerand the transmitter is disconnected, the outputs ofall command sticks from the controllerwill go to the center position, and the system will automatically trigger Return to Home and will land safely. A copy ofthe Phantom 3 User Manual and Safety Guidelines (collectively, the “User Manual”) are attached to this Application and should be referred to forall 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 propellerwith 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 ofsight 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 theirduly appointed representative’s priorconsent 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 ofthe Phantom 3, Blair Humes experience will ensure thatthe sUAS is safely operated at all times. StatutoryAuthority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism forseeking expedited FAA authorization ofsafe civil UAS operations in National Airspace (“NAS”). Section 333(a) states that the FAA “shall determine ifcertain unmanned aircraftsystems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rule making required by Section 332(b)(1) ofthis Act orthe guidance required by section 334 ofthe Act.” In Section 332(b)(1), Congress made it clearthat Section provides a mechanism for “expedited operation authorization” ifseveral factors are met. The Applicant meets all requirements to permit FAA approval ofcommercial 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 ofTitle 14 ofthe Code of Federal Regulations From Which Blair Humes, Sole Proprietor Requests Exemption are: 14 CFR Part21 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 reliefyou 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 forthe issuance ofairworthiness certificates as required by 14 CFR § 91.203(a)(1). Given the size and limited operating area associated with Phantom 3, an exemption from Part21, Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act.

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

authorize the FAAto exempt aircrafts from the requirementforan airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases an analysis ofthese criteria demonstrates that a sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed-wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. Here an equivalent level ofsafetywill be reached because the sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, and carries no explosive materials orflammable liquid fuels. Based on the sUAS’s lightweight and carbon fiber and plastic construction, the sUAS will be at least as safe, if not saferthan a conventionally certificated aircraft performing the same mission. These safety enhancements, which already applyto civil aircraft operated in connection with existing inspection operations, provide a greaterdegree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed bythe sUAS due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable 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 forairworthiness certification of normal category rotorcraft. Tothe extent the Applicant’s sUAS would otherwise require certification under Part 27, as a rotorcraft, the Applicant requests an exemption from Part 27’s airwor thiness standard forthe same reasons identified in the exemption requestfrom 14 CFR Part21, 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 CFR45.23(b), 45.27(a), and 91.9(c). These regulations require thatwhen 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 neareach 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 ofsafetyforthese 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 ofthe sUAS as “Experimental”. The Applicant will also comply with any further requests forsUAS 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”) ofan aircraft for compensation or hire. Subpargraph (b) allows a private pilot to act as a PIC ofan aircraft in connection with any business or employment ifthe flight is incidental to that business oremployment, and the aircraft does not carry passengers or property forcompensation or hire. Because the sUAS will not carry a pilot or passengers and is inherently stablewith a sophisticated computerand GPS controls, the proposed operations meetthe equivalent level ofsafety 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 ofoperation is controlled and restricted, and all flights are planned and coordinated in advance according to the User Manual, and the flights are oflimited duration and altitude. 14 CFR 91.7 Civil Aircraft Airworthiness. No such airworthiness certificate will be issued forthe 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 priorto everyflight, and determine thatthe sUAS are in safe operational condition. Given the size ofthe sUAS and the requirements contained in the User Manual for maintenance and use ofsafety checklists priorto each flight, an equivalent level ofsafetywill 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 ofthis regulation is to ensure that flight manual information is available to the aircrew while operating the aircraft. The Applicant requests an exemption because the aircraftto too small to carrythe documentation, and the documentation would not be available to the crew during flight operations. Toobtain an equivalent level ofsafety and meetthe intent ofSection 91.9, the Applicant proposes that a User Manual be made available to the crew atthe 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 familiarwith 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 ofsafetywill 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 takeoffdistances, and aircraft performance data, before initiation offlight.

14 CFR 91.119 Minimum Safe Altitudes. The regulation establishes safe altitudes ofcivil aircraft and states thatthe minimum safe altitude requirements underwhich an aircraft may notoperate, include 500 feet above the surface and awayfrom any person, vessel, vehicle orstructure in non-congested areas. Section 91.119(d)(1) allows fora helicopterto 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 ofbetween 50 and 200 feetfrom the property being filmed or photographed, and therefore an exemption is required. The Applicant submits that an equivalent level ofsafety 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 aircraftwill be operated at a low altitude allowing, ifthe powerfails, for an emergency landing without undue hazard to persons or property on the surface. Based on the small size ofthe 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 Altimetersettings. This regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below 400 feet above ground level (“AGL”) and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An equivalent level ofsafetywill be achieved by following the procedures setfor in the User Manual, and the PIC will use the GPS altitude indicatorto constantly monitor the sUAS height, thus ensuring operation atsafe altitudes.

14 CFR 91.151 Fuel Requirements forflight in VFR Conditions. The regulation provides that no person may begin a flight in an airplane underVFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthat for at least 30 minutes, or if in a rotorcraftforat least 30 minutes. The Applicant believes that the intention ofthis paragraph is to provide an energy reserve as a safety bufferfordelays to landing. The battery powering the sUAS provides for approximately 23 minutes of powered flight. An equivalent level ofsafety 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 ofthe sUAS with less than 30 minutes ofreserve fuel does not engenderthe type ofrisks that. Moreover, operation will be limited to controlled areas where only people and property owners orofficial representative who signed waivers will be allowed. Based on these considerations an equivalent level ofsafetywill be ensured.

14 CFR 91.203(a) & (b) Civil Aircraft: Certifications Required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be “displayed atthe cabin orcockpit 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 notcapable ofcarrying passengers orcrew. Toobtain an equivalent level ofsafety and meetthe intent ofSection 91.203, the Applicant proposes that documents deemed appropriate forthe sUAS be with the crew atthe ground control station and available for inspection upon request. In orderto 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 CFR45.23.

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 thatthe 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 ofthe aircraft and “be authorized to approve the aircraftfor return to service.” The PIC will ensure that the aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed by the manufacturerortheirdesignated repairfacility. The PIC will documentwork performed in accordance with 91.417. Due to the size, construction and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety is reached. IV. Safety and Benefits ofthe UAS to the Public as a whole The Applicantwill use the sUAS in a variety ofapplications that generally require expensive and full-size manned aircraft to complete. Small, light, unmanned aerial v ehicles offer numerous benefits overthe use offull-sized manned aircraftfor real property inspections, and eventfilm and still photography. The safe operation ofsUAS will allow a wider range of individuals to obtain the benefits ofaerial photograph, ata manageable and reasonable cost. The publicas a whole will benefit from the safer and more cost-effective availability ofaerial photography. Replacing larger manned aircraft carrying crew and flammable materials with small UAS carrying no passengers orcrew provides increased safetyfor pilots and crew. By granting the Applicant’s requested exemptions, the FAAwill assistwith the development and safety of commercial sUAS operations. Therefore, the FAA has good cause to grantthis application. V. A Summary for Publishing in the Federal Register Blair Humes, Sole Proprietorseeks an exemption from the following rules:

14 CFR Part 21; 14 CFR Part 27; 14 CFR45.23(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 Proprietorseeks this exemption forthe purposes ofconducting aerial photography, videography and inspections forcommercial and residential real estate, legal, construction and insurance industries, and event photograph/ videography and related cinematographyfootage

. Blair Humes, Sole Proprietordoes not intend to operate the sUAS outside ofthe United States.-

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VI. Conclusion. As setforth herein, Blair Humes, Sole Proprietorseeks an exemption pursuantto 14 CFR 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012, which will permit safe operation ofthe DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography overcer tain areas ofthe United States. By granting this Petition, the FAAAdministratorwill be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012 while also advancing the interest of the public, by allowing the safe, efficient and economical operation ofthe DJI Phantom 3 UAS commercially within the NAS. Dated: October 5, 2015 Blair Humes, Sole Proprietor

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Blair Humes, Owner 141 E Westlake Dr S Allyn, WA 98524 253-778-9216 blairhumes@gmail.com-

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