Justin Kerner / Pilot / Simplifly / Owner – Petitioning for Exe mption under Section 333

March 7, 2016

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations form 14. C.F.R. 45.23{b); 14 C.F.R.  Part  21;  14  C.F.R.  61.113( a)&(b);  91.7(a);  91.9(b);  (2); 91.103(b);  91.109; 119.121;  91.lSl(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a)&(b)

Dear Sir or Madam:

I,  Justin  Kerner,  am  writing  pursuant  to  the  FAA  Modernization and  Reform  Act  of  2012  and  the procedures contained within 14 C.F.R. 11, to request that I, Ju stin Kerner, an operator of small unmanned aircraft, be exempt from the Fed eral Aviation Regulations ("FAR s") listed below so that I, Justin Kerner, may operate my company’s DJI Phantom 2 (“Phantom”) small ultra‐ lightweight unmanned aircraft system ("sUAS") commercially in airspace regulated by the Federal Avia tion Administration ("FAA").

My exemption  request would  permit me  to  conduct  commercial  oper ations  for aerial  photography  in connection  with  commercial  property  inspections,  property  manag ement,  leasing  and  brokerage operations for clients of Simplify. It is in my client’s and th e public’s best interest for several reasons. It removes  safety  risks  associated  with  building  owner  and  propert y  manager  access  to  potentially dangerous areas such as slippery or unstable  roofs, common area lighting poles, and exterior building facades.  The above examples will reduce time required for prop erty managers and building owners to inspect and  repair  their  properties and  reduce  risks  to  real  pr operty and individuals  for  property  that requires repairs.



### I. Contact Information

Justin Kerner / Owner Simplifly Drone Photography 5743 Corsa Avenue, Suite 215 Westlake Village, CA  91362

Phone: 805.657.8815 E‐Mail: justinkerner@simplifly.la

### II. The specific sections of Title 1 4 of the Code of Federal Regula tions from which Justin Kerner requests exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 1 4 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 1 4 CFR 417 (a) & (b).



### III. The extent of relief Justin Kerne r seeks and the reason he seek s such relief:

I, Justin Kerner, submit this application in accordance with th e Reform Act, 112 P.L. 95 §§ 331‐334, seeking relief  from  any  currently  applicable  FARs  operating  to  prevent me,  Justin  Kerner,  contemplated commercial flight operations for my company’s purposes within t he national airspace system. The Reform Act  in  Section  332  provides  for  s uch  integration  of  civil  unman ned  aircraft  systems  into  our  national airspace  system  as  it  is  in  the  public's  interest  to  do  so.  I, Justin  Kerner’s  Phantom  sUAS  meets  the
definition of "small unmanned aircraft' as defined in Section 3 31, and therefore, the integration of my Phantom sUAS is expressly contem plated by the Reform Act. I wou ld like to operate my Phantom sUAS prior to the time period by which the Reform Act require’s the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable inform ation  for  formal  regulation  that can be administered  uniformly  to  all  sUAS  aerial  photography.  The  Refo rm  Act  guides  the  Secretary  in determining the types of sUAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of th e sUAS's.



### Technical specifications for the DJI Phantom 2 are summarized i n the table below.

Size – Diagonal size including propellers 350 mm (13.78 inches)

Total Weight – 1,000 grams (2.20 pounds)

Max Ascent speed – 6 m/s (11.66 knots)

Max Descent speed – 2 m/s (3.89 knots)

Max Flight speed – 15 m/s (29.15 knots)

Hover Accuracy: Vertical 0.8 m (when Vision Positioning is acti ve) Horizontal 2.5 m

Control Frequency (mai n Channel) – 2.400 GHz

Controller Range (max distance) – 1000m (outdoors and unobstruc ted)

Communications – 2.4GHz ISMI, Justin Kerner, consider safet y as foremost with each flight. My Phantom sUAS is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss, I will not fly in winds exceeding 16 kph {10 mph). Built in safety systems, include a GPS mode that allows my Phantom sUAS to hover in place when radio controls ar e released. When pilot communication is lost, Phantom sUAS is designed to slowly descend to the poin t of take‐off. I do not operate my Phantom sUAS near airports, hospital nor police heliports, and do not o perate near areas where general public is within fifty to one hundred (50‐ 100) yards depending on locatio n, conditions and weather. I am constantly on  alert  for  any  manned  aircraft  (Police/Medical  helicopters,  e tc.)  and  prepared  to  land/abort immediately to the nearest and safest ground point should a man ned aircraft approach my location or I suspect manned aircraft my approach  near my  location. My  Phanto m  sUAS  is  capable  of  vertical and horizontal operations, and is flown only within my ‐‐ the remot e control pilot’s ‐‐ line of sight. Utilizing battery power rather than combustible fuels, flights generally last between five (5) to eight (8) minutes, with an altitude under one hundred fifty {150) feet. I, Justin Kerner, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is fifteen (15) to twenty (20) minutes as tested. I do not operate my Phantom sUAS at or below manufacturer recommended minimum charge  levels  for  operation;  preferring  to  remain well within  s afe  operating  range  to  insure adequate
communication between radio control and Phantom sUAS to elimina te potential for crash, loss of control
or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of  operation.  I  do  not  believe  in  taking  risk  that  may  cause  a crash  that  could  create  hazard  to  the public/property/manned aircraft, and have no desire to lose an investment. I have clocked practice flights in  familiarization with  the characteristics of  this  specific Ph antom  sUAS's performance  under different temperature and weather conditions.

I, Justin Kerner, am extremely cautious when operating my Phant om sUAS and will not "create a hazard to users of the national airspac e system of the public." 112 P. L. 95 § 333 (b). Given the small size and weight of my Phantom sUAS, it falls well within Congress's cont emplated safety zone when it promulgated the Reform Act and  the corresponding directive  to integrate sUA S's into  the national airspace system. Justin Kerners Phantom sUAS, used in hobby flight, has a demons trable safety record and does not pose any threat to the general public or national security.



### IV. How Justin Kerner’s request will benefit the public as a whole:

It  is  my  objective  to  provide  this  service  with  a  "safety  first "  mindset  so  that  the  eventual commercialization of sUAS flight i s not affected negatively by those who are doing this without proper training. Congress has already proclaimed that it is in the pub lic's interest to integrate commercially flown sUAS's into the national airspac e system, hence the passing of the Reform Act. My ultra‐lightweight sUAS is battery powered and creates no emissions  that can harm  the e nvironment. The consequence of my ultra‐lightweight sUAS crashing is far less than a full size he licopter or fixed wing aircraft; which are heavy,
contain combustible  fuel and ca n cause catastrophic devastation to  the public. The public's interest is furthered by minimizing ecological and crash threat by permitti ng aerial photo capture through my battery operated  ultra‐lightweight  sUAS's.  Permitting me,  Justin  Kerner ,  to immediately  fly within  national air space also provides a safety ben efit as it reduces safety risks associated with building owner and property manager access to potentially dangerous areas such as slippery or unstable roofs, common area lighting poles, and exterior building facades.  The above examples will reduce time required for property managersand building owners to inspect and repair their properties and reduce risks to real property and individuals for property that requires repairs.



### V.  Reasons why my exemption will not adversely affect safety or how the exemption will provide a level of safety at l east equal to existing rule.

1. My Phantom sUAS weighs less than eight (8) pounds.

2. I only operate my Phantom sUAS below 200 feet (well within t he 400 foot permissible ceiling set by
the FAA Modernization and Reform Act of 2012).

3. My Phantom sUAS only operates for 5 ‐ 8 minutes per flight.

4. I land my Phantom sUAS prior to manufacturer recommended min imum level of battery power.

5. I pilot my Phantom sUAS through remote control only by line of sight.

6. My  Phantom  sUAS  has  GPS  and  a  flight  safety  feature  whereby it  hovers  and  then  slowly  lands  if communication with the remote control pilot is lost.

7. I actively analyze flight data and other sources of informat ion to constantly update and enhance safety protocols.

8. I only operate in reasonably safe environments that are stri ctly controlled, are away from power lines, elevated lights, airports a nd actively populated areas.

9. I conduct extensive pre‐flight inspections and protocol, dur ing which safety carries primary importance.

10. I always obtain all necessary permissions prior to operatio n.
11. I have procedures in place to abort flights in the event of safety breaches or potential danger.

My safety protocols provide a le vel of safety equal to or excee ding existing rules. It is important to note that absent  the integration of commercial sUAS into our nationa l airspace system, helicopters are  the primary means  of aerial  video and  photography  for  community awa reness and  real estate. While  the safety record of such helicopters is remarkably astounding, the re has been local incident involving loss of life as well as extensive property damage; if is far safer to o perate a battery powered ultra‐lightweight
sUAS.

12. The potential loss of life is diminished because sUAS's car ry no people on board and I only operate my sUAS in specific areas away from mass populations.

13. There is no fuel on board a sUAS and thus the potential for fire or explosion is greatly diminished.

14. The small size and extreme maneuverability of my sUAS allow s me to remotely pilot away from and avoid hazards quickly and safely.

15. Given its small size and weight, even when close enough to capture amazing images, my sUAS does need not be so close to the objects they are focused on through the technology and use of post editing software. Accordingly, my sUAS has been experimentally operated for  familiarization/competency and will continue to operate at and above current safety levels.

### VI. A Summary the FAA may publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manu als and the Like.

14 C.F.R. 21, Subpart H, entitle d Airworthiness Certificates.

Sets  forth  requirements  for  procurement  of  necessary  airworthin ess  certificates  in  relation  to  FAR§ 91.203(a)  (l). The size, weight a nd enclosed operational area o f my Phantom sUAS permits exemption from Part 21 because my Phantom sUAS meets (and exceeds) an equ ivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C § 44701 (f) and Sectio n 333 of the Reform Act. Both pieces of legislation permit the FAA exempt sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to ar eas such as airports a nd dense populations. My current and projected Phantom sUAS's meet or exceed each of the elements.



### 14 C.F.R. 91.7(a): Civil Aircraft Airworthiness

Section  91.7(a)  prohibits  the  operation  of  an  aircraft  without an  airworthiness  certificate.  As  no  such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. 91.9 (b) (2): Civil aircraft flight manual

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there a re no on board pilots or passengers, and given the size of the sUAS's, this Regulation i s inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineat ing areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167A, 10602, 10700 and 32827.

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

Section 91.121 is in regards to altimeter settings which is ina pplicable insofar as my sUAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b): C ivil aircraft Certifications r equired

Section 91.203 (a) & (b) provides for the carrying of civil air craft certifications and registrations. They are inapplicable  for  the  same  reasons  described above. The equivale nt level  of  safety will  be achieved  by maintaining any such required certifications and registrations by me, Justin Kerner.



### B. 14 C.F.R. § 61.113: Private Pil ot Privileges and Limitations : PIC.

Section 61.113 Applicable Codes of Federal Regulation require a ircraft to be marked according to certain specifications. My sUAS are, by definition, unmanned. They ther efore do not have a cabin, cockpit or pilotstation on which to mark certain words or phrases. Further, two ‐inch lettering is diffi cult to place on such
small  aircraft  with  dimensions  s maller  than  minimal  lettering  r equirement.  Regardless,  I  will  mark  its sUASs in the largest possible lettering by placing the word "EX PERIMENTAL" on its fuselage as required by 14  C.F.R §  45.29  (f)  so  that I  the  pilot,  or anyone assisting m e as a  spotter with  the UAV will  see  the markings. The FAA has previously issued exemptions to this regu lation through Exemptions Nos. 8738, 10167, 10167 A and 10700.



### C. 14 C.F.R § 61.113: Private P ilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are l imited to non‐commercial operations. I, Justin Kerner, can achieve an equivalen t level of safety as achieved b y current Regulations because my sUAS does  not  carry any  pilots  or  passengers.  Further, while  helpful ,  a  pilot  license will  not ensure  remote control piloting skills. The risks attended to the operation of my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq . Thus, allowing me, Justin Kerner, to operate my sUAS meet and exceed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).



### D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

Section  91.119  establishes  safe  altitudes  for  the  operation  of civil  aircraft.  It  allows  helicopters  to  be operated at lower altitudes in certain conditions. My sUAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Justin Kerner , will however operate my sUAS in safe areas away  from public and  traffic, providing a level of safety at least equivalent  to or below  those in relation  to minimum safe altitudes. Given  the size, weight, man euverability and speed of my sUAS, an equivalent or higher level of safety will be achieved.



### E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b ): Maintenance Inspections.

The above‐cited Regulations require, amongst other things, airc raft owners and operators to "have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancie s repaired as prescribed in part 43 of this chapter  ....  "These  Regulations  only  apply  to  aircraft  with  an airworthiness  certificate.  They  will  not, therefore, apply to my Phantom sUAS. However, as a safety preca ution, I inspect my Phantom sUAS before and after each flight.



### A Summary the FAA May Publish in the Federal Register: A. 14 C. F.R. 21 and 14 C.F.R. 91:

Airworthiness  Certificates,  Manuals  and  the  like.  14  C.F.R.  21, Subpart  H,  entitled  Airworthiness Certificates, sets forth requirements for procurement of necess ary airworthiness certificates in relation to FAR§ 91.203{a)(l). The size, weight and enclosed operational area of my sUAS permits exemption from Part 21 because my, Justin Kerner's, sUAS meets an equivalent l evel of safety pursuant to Section 333 of
the Reform Act. The FAA is autho rized to exempt aircraft from t he airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of t he Reform Act. Both pieces of legislation permit the FAA to exempt sUAS's from the airworthiness certific ate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas suc h as airports and dense populations. MysUAS meets or exceeds each of  these elements. 14 C.F.R 91.7(a) prohibits  the operation of an aircraft
without an airworthiness certificate. As no such certificate wi ll be applicable in the form contemplated by the FARs, this Regulation is ina pplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft.  As  there  are  no  pilots  or  passengers,  and  given  the  s ize  of  the  sUAS's,  the  Regulation  is inapplicable.  An  equivalent  level  of  safety  will  be  achieved  by maintaining  a  manual.  The  FAA  has previously issued exemptions to this regulation in Exemption No s. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular softwar e updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.



### In Summary, Justin Kerner seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.11 3 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103( b); 14 C.F.R. § 91.109; 14 C.F. R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151 (a); 14 C.F.R. §§ 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(l); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my Phantom 2 small  lightweight  unmanned  aircraft  vehicle  in  my  company’s  ope rations.  Granting  my  request  for exemption will reduce current risk levels and thereby enhance s afety. My Phantom 2 sUAS craft does not contain potentially explosive fuel, is smaller, lighter and mor e maneuverable than conventional real estate video and photographic aircraft with much less flight time. Fur thermore, I operate at lower altitudes and in controlled airspace eliminati ng potential public  risk  flying to and  from established airfields. I,  Justin Kerner,  have  been  informally  analyzing  flight  information  and  w ill  compile  safety  protocols  and  the implementation of a flight operations manual that exceeds curre ntly accepted means and methods for safe flight. Formal collection of information shared with the F AA will enhance the FAA's internal efforts to establish  protocols  for  complying with  the  FAA Modernization an d  Reform  Act  of  2012.  There are  no personnel on board my sUAS, and therefore, the likelihood of de ath or serious bodily injury is significantly diminished. My operation of my sUAS weighing less than 8 pounds and traveling at lower speeds within limited areas, will provide an e quivalent level of safety as th at achieved under current FARs. Accordingly, I  respectfully  request  that  the  FAA  grant  my  exemption  request. I  am  willing  to  cooperate  in  sharing information to benefit the FAA, safety of manned aircraft and t he general public at large.

Respectfully submitted, Justin Kerner, Owner Simplifly Drone Photography 5743 Corsa Avenue, Suite 215 Westlake Village, CA  91362

Phone: 805.657.8815 E‐Mail: justinkerner@simplifly.la