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Richard A. Blevins 817 Haylees Way Piney Flats, TN 37686

-4050 Home: rjm3@charter.net Work: rablevins@northeaststate.edu 423.946.0579 423.354.5350
United States Department ofTransportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor RoomW12

-140 Washington, DC 20590

**RE: Exemption**  **Request Section**  **333 of**  **the FAA**  **Reform Act**  **of 2012**  **and Part**  **11 of**  **the Federal**  **Aviation Regulations**  **from 14**  **C.F.R. Part**  **21;** 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 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 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a)(2) ; 14 CFR 417 (a) & (b) Dear Sir or Madam, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11, Richard A. Blevins, operator of Small Unmanned Aircraft Systems (sUAS), hereby applies foran exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by Section 333. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professionalactivities. 2. Aerial video/photography or providing live video feed to assist with search andrescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 3. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 4. Aerial inspection/photography ofresidential/commercial utility infrastructures including but not limited to electrical power lines, and other structures. 5. The ability to offer training to persons individually or belonging to both private and/or public organizations that have interests in the safe use and operation of aUAS.2 | Page **BACKGROUND sUAS**  **DJI Phantom 3, Inspire Pro, Matrice and 3D Robotics**
**- Solo** 

Richard A. Blevins seeks an exemption to operate DJI and 3D Robotics systems for compensation or hire within the NAS. The DJI line of sUAS include Phantom 3 Professional, Inspire 1 Professional, and Matrice, 3D Robotics aircraft will be the Solo. These aircraft are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI aircraft specifications are as follows: Phantom 3 has a maximum gross weightof approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 35 mph. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 49 mph. The DJI Matrice has a maximum gross weight of 7.5 lbs., and measures 25” diagonally. The 3D Robotics Solo has a maximum gross weight of approximately 3.9 pounds, measures 18" in length and 10" tall. The DJI and 3D Robotics UASs that will be operated by Richard A. Blevins, will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. Specifically, each UAS is: A lightweight (< 55.0 lb gross weight with all on-board equipment), battery operated 4

- motor rotorcraft in the form of a quad copter that takes off and lands vertically, manufactured by DJI and 3D robotics with the followingequipment:

− An on-board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

-based transmitter/controller;

− An on-board camera capable ofcapturing imagery in the form of full color, high definition still photos and video;

− An on-board telemetry system that delivers flight data from the on-board flight computer to the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction back to its launch site;

− All aircraft operate on a frequency band of 2.4 GHz and/or 5.8 GHz. The aircraft on

-board radio transmitter transmits live video from the on-board camera plus all the flight data from the telemetry system described above;

− The Ground Station Includes:

− A UAS operator will be in operational control of a flight operation from liftoff to landing.

− A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the UAS operator to monitor during flight.

− A Visual Observer will be utilized whenever there are obstacles in the flight pattern. An assessment will be conducted prior to each flight to increase situational awareness of the surroundings and to identify any hazards in the area.3 | Page

**BASIS FOR PETITION**  Petitioner, Richard A. Blevins pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Actof 2012 (FMRA), Section 333, Special Rulesfor Certain UnmannedAircraft Systems, hereby petition the Administrator to commercially operate the DJI and the 3D Robotics UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 21 subpart H, 61.113(a)&(b), 91.7(a), 91.9(b)2,91.103, 91.121, 91.151(a), In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Richard A. Blevins' operation ofthe DJI Inspire 1 and DJI Phantom 3 and 3D Robotics UAS meets the conditions ofFMRA Section 333 and therefore will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Aerotek Imaging requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Richard A. Blevins submits that the requested reliefis proper since an equivalent level of safety will be ensured. Richard A. Blevins will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Maintenance Log, DJI and 3D Robotics Instruction Manuals. Furthermore, Richard A. Blevins will document and maintainall maintenance records for the DJI UAS. Richard A. Blevins will ensure that the DJI and/or 3D Robotics UAS/s are in an airworthy condition prior to each flight. Richard A. Blevins seeks relief from Section 45.23(b) Which states that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted orlight

-sport category aircraft or experimental or provisionally certificated aircraft, the operator 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 applicable. The size ofthe UAS is too small to fit the required markings on the fuselage. A smaller type or different designation could beused. Richard A. Blevins seeks relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, to the extent necessary to allow a Pilot in Command (PIC) holding an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI /3D Robitics UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles andstructures. Richard A. Blevins also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI nor the 3D Robitics UA will not have a typical barometric altimeter onboard. However, altitude information ofthe UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Richard A. Blevins' operation ofthe DJI / 3D Robitics UA within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section91.121.4 | Page

Additionally, Richard A. Blevins seeks an exemption from the requirements of Section 91.151(a), entitled Fuel requirements for flight in VFRconditions

. Richard A. Blevins submits that safety will not be affected by operation of the DJI / 3D Robotics aircraftduring daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration ofapproximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81. 

### Richard A. Blevins **provides the following information in support of their**  **petition for exemption:**  **Maintenance:** To ensure safe operational control a maintenance program will be followed. Scheduled and preventive maintenance shall be documented and only quality replacement parts will be used.

**Saf e** **ty: Safety**  **is paramount**  **in all**  **aircraft operations,**  **as a**  **fixed wing**  **pilot, I**  **cannot emphasize**  **enough that**  **everyone flying**  **a UAS,**  **regardless of**  **size, take**  **this seriously**  **and operate**  **within the**  **guidelines of**  **FAA regulations.**  

### Pre**- Flight**  **Inspection:**

**-** Will be conducted prior to each flight, while in flight, the aircraft will be monitored closely through the utilization of the ground station

.

- Before each flight, the UASs operational condition will be inspected for damage anddeterioration, paying close attention to the propellers for cracks, wear, or apparent damage. Replacement of the propellers will done on a periodic basis, even ifobvious wear isn't visible. All squawks will be recorded in the aircraft logbook to include: parts replaced, the purpose for replacing, and the manufacture of the parts. **Situational Awareness**: To ensure safety and situational awareness the spotter will be trained on Situational Awareness and Human Factors. Hazards in the flight area will be discussed and constantly emphasized during the operation. **Populated A** **reas**: All non-essentail personnel will be rem oved from the immediate area. No flights over heavily populated areas like stadiums, schools, malls, casinos, and the like during operating hours will be conducted. **Respect fo** **r Personal**  **Privacy:** I will not operate the aircraft in any manner that will interfere with someone’s privacy or disruption of their ability to enjoy their surroundings, such as a park or picnic area. If people are in the area I will obtain their permission prior to conducting any flight operations. **Airports:** According FAA rules and to ensure pilot(s) safety, there will no flight in or around airports unless explicit permission is granted according to current FAA regulations. **Weather:** To ensure safety of spotter, agents, property owners, pet and wildlife flights will be conducted in optimal weather conditions. Flights will not be conducted in winds steady 18, or gusting to above 20 mph.5 | Page

**Return**
**- to** **- Home**  **Feature:** In the event the DJI or 3D Robotics lose signal or runs critically low on battery the UAS has a GPS controlled return to home feature. The "home" isset upon flight startup.

- Auto Return

-to

-Home &Landing. **Confined Areas:**  Confined areas present a set of challenges that may require one or more observers. In this situation an appropriate number of spotters will be positioned in close proximately to hazards. Constant communication will be maintained between the UAS operator and every observer. Radio discipline will be adhered to, only communication associated with the operation will be allowed. **Line of**  **Site:** The UAS will always be within the line of site ofthe pilot and spotter. If line

-of

-site is disrupted the return home feature will be activated. If the UAS operator regains line

-of

-site and the aircraft is performing correctly the operation may continue. **Height**: Flights will not exceed 400 ft AGL above subject properties at any time. **Pilot Qualifications** 

- The Pilot in command will be familiar with current FAA regulations regarding UAS commercial usage.

- The Pilot in command will have sufficient eye sight (with or without corrective lenses and without the aid of binoculars) to see and operate the UAS at the distances necessary for the purpose of the flight

.

- New Pilots in training will observe the UAS operator until they can demonstrate a workable knowledge of the UAS and proficiency in operational control at all times. A written and practical examination will be conducted on each potential pilot. The test results will be keep of file and made available for FAA examiners.


### Summary Section 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation 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 if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation orhire. The UAS is not capable ofcarryingpassengers or is able to carry cargo asidefrom the mentioned gimbal mounted camera. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. There are no specifications on what makes a UAS airworthy, during the preflight checks allpropellers and mountings are checked for damage andoperation. Section 91.7(a) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.6 | Page

Section 91.9(b)(2) prohibits operation ofU.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 combinationthereof. Supplemental materials will include equipment and flight manuals issued with the UAS. Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports ofintended use, and takeoffand landing distance information. All landing zones will be thoroughly checked andflight areas reviewed before anyflights are made

. Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (excepta manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The system is not available with dual controls, though with the UAS size and training in safe areas the instruction could be contained to a safe altitude and area where safety can be optimizedfor all involved. Section 91.119 prescribes that, except when necessary for takeoffor landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly ofpersons, 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 surface, 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. Ifthe 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) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

-shift

-control aircraft may be operated at less than the minimums prescribed in paragraph (c) ofthis section. Due to altitude limitations and the desire to avoidpassenger carrying aircraft it is requested to maintain a maximum ceiling of400’ with typical heights being below that dependent on angles and shotsfor photographic use. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E ofthe same part and shall, between required inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed in part 43 ofthe chapter. As there are no current maintenance requirementsfor UAS ofthis type it is notpossible to meet this requirement at this time. Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure.” The UAS is single operator only with no dual controls so there will be only onepilot duringflight, the GPS system will reference the altitude at the launchpointfor everyflight. This will also be thepoint that the UAS will return to upon completion. Section 91.151(a) prescribes that 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 ofintended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes. Petitioner will operate UAS until the earlier ofa maximum ofthirty (30) minutes or when 25% ofbattery remains. All UAS are additionally equipped with a low batteryfailsafe that allow the UAS to safely land when little battery remains. The UAS are notpropelled byfuel and will operate only within the safety constraints of the UAS battery life7 | Page

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy ofthe Aircraft registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the samechapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. There are currently no airworthiness certificatesfor the UAS to be used and also as there is no cabin cockpit orpassenger compartment on the UAS it is notpossible to store certificates on board the craft. Section 91.417(a) and (b) prescribes, in pertinent part,that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records ofthe 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for eachaircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable tothe Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return toservice. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and eachrotor. (ii) The current status of life

-limited parts of each airframe, engine, propeller, rotor, andappliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. Records ofmaintenance and engine replacement can be kept as well asprop changes and any repairs or fixes to the gimbal, electronics, and camera system. Maintenance records may not apply due to the relatively inexpensive cost ofcompletely replacingparts instead ofrepair them.8 | Page 

### Conclusion I’m (Richard A. Blevins) a retired Chief Master Sergeant from the U.S. Air Force, (28 years). I hold a current Private Pilot certificate #3361660. In addition, f or the last nine years I was the Training Manager for Bell Helicopter designing courses to meet FAR 14.145 requirements. Currently I’m the Director of Aviation for Northeast State Community College responsible for developing an Airframe / Powerplant, program and soon a UAS certificate program

. During my time at Bell Helicopter we developed technical training courses on FAA regulations, Human Factors in Aviation Maintenance, Aircraft Maintenance Documentation, etc. I take aviation very seriously and understand the consequences of lack of focus. Operating sUAS in the NAS is a very serious matter that requires situational awareness, understanding the regulations, ensuring the area is safe, and knowing if other aircraft are in the area or if a “Temporary Flight Restriction” is in place. I will use my training and experience to ensure safe operations of the UAS.
Richard A. Blevins Petition for exemption demonstrates the appropriate safeguards and criteria, including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security concerns Congress expressed in Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe commercial operations ofthe DJI and 3D Robotics aircraft. By granting this Petition, theFAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Richard A. Blevins to safely operate the DJI and 3D Robotics aircraft commercially within theNAS. Thank you for considering my requests in these exemptions. Please contact me if you have any questions or concerns. Manufactures instruction manuals are available uponrequest.
Respectfully, Richard A. Blevins 817 Haylees Way Piney Flats, TN 37686

-4050 423.946.0579 Home: Rjm3@charter.net Office: rablevins@northeaststate.edu