# 333 Exemption Petition for Jacob E. Boracca

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 C.F.R. § 21, 14 C.F.R. § 91.7 (a); 91.9 (b) (1) and (2); 91.121; 91.103; 91.151 (a) and (b); 91.203 (a) and (b); 91.105 (a) (2) and (b); 45.23; 61.113 (a) and (b); 91.119; 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c)

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Jacob E. Boracca P.O. Box 285 Watsonville, CA 95077 (831) 728-1130 Alternate: (831) 247-2601 flyboy12@att.net

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave. SE Washington, DC 20590



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# Table of Contents

General ...................................................................................................................................... . 3 Purpose ........................................................................................................................... 3 Pilot Qualifications ........................................................................................................... 3 Safety Note ...................................................................................................................... 3

Section 1 .................................................................................................................................... . 4 FAR Descriptions, Extent of Relief, and Reasoning ........................................................ 4 Why Granting this Exemption would not Adversely Affect Safety .................................... 6

Section 2 ..................................................................................................................................... 6 Aircraft of Intended Use ................................................................................................... 6 Aircraft Specifications ...................................................................................................... 7 Blade Chroma Camera Drone ............................................................................. 7 DJI Phantom 3 Professional ................................................................................ 7 DJI Inspire 1 ........................................................................................................ 7 Intended Use of these Aircraft ......................................................................................... 8 Use of these Aircraft Pertinent to Regulations and Safety ............................................... 8

Section 3 ..................................................................................................................................... 8 Aircraft Checklists ............................................................................................................ 8 Preflight Checklist ................................................................................................ 9 Post-Flight Checklist ............................................................................................ 9

Section 4 ...................................................................................................................................... 9 Public Benefit ................................................................................................................... 9 UAS in Regards to Media Production .................................................................. 9 UAS in Regards to Noise ................................................................................... 10 Public Awareness ............................................................................................... 10 Summary to be used for Public Commenting ................................................................ 10 Conclusion ..................................................................................................................... 11
Appendix .................................................................................................................................... 1 2 Blade Chroma Camera Drone ....................................................................................... 12 DJI Phantom 3 Professional .......................................................................................... 12 DJI Inspire 1 ................................................................................................................... 12



### 2September 25, 2015

Dear Sir or Madam, My name is Jacob Boracca, currently residing in Santa Cruz, California, and I am petitioning pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11.15, to request that I, Jacob Boracca, an owner and operator of small unmanned aircraft, be exempt from the Federal Aviation Regulations (FARs) as specified below for the use of conducting UAS flights within the National Airspace System. Federal Aviation Regulations I am requesting exemption from are as follows: 14 C.F.R. § 21, 14 C.F.R. § 91.7 (a); 91.9 (b) (1) and (2); 91.121; 91.103; 91.151 (a) and (b); 91.203 (a) and (b); 91.105 (a) (2) and (b); 45.23; 61.113 (a) and (b); 91.119; 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c)

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## General Purpose: I, Jacob Boracca, am seeking exemption for the purpose of conducting UAS flights within the national airspace to provide commercial services to the public such as aerial photography and aerial videography. My light-weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my light-weight UAS is expressly contemplated by the Reform Act. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS, whether the UAS will be operated near airports or heavily populated areas and whether the UAS will be operated by line of sight 112 P.L. 95 § 333 (a).Each of these items reflect in favor of an exemption for me. My UAS's utilize four (4) counterrotating propellers for balance, control and stability, and are equipped with a GPS and auto return / auto land safety technology. Weighing less than ten (10) pounds each including camera, gimbal, flight batteries, etc. , these aircraft meet the maximum 55 pound weight limit for UAS. Pilot Qualifications: I currently hold a private pilot certificate and a third class medical. Along with my private pilot certificate, I have flown model aircraft for eleven years (UAS specifically for five years) and have become an advocate for UAS safety through my various presentations and demonstrations at airshows, airport open houses and organizations, showing the public how hobby and recreational use of UAS can be safe and legal when flying within the National Airspace System. Safety Note: Safety is of the utmost importance to me along with following the regulations set forth by both the Academy of Model Aeronautics (AMA) and the Federal Aviation Administration (FAA). By keeping current with both active and proposed regulations, I not only plan to abide by these



### 3regulations, but to also inform others of them to keep me, fellow pilots, and the general public as safe as possible. As a private pilot myself, I would hope that every UAS operator, including me, would operate their UAS in a matter that minimizes risk and danger to full scale manned aircraft, the public, property and even themselves.


## Section 1 FAR Descriptions, Extent of Relief, and Reasoning: A. 14 C.F.R. § 21, 14 C.F.R. § 91.7 (a); 91.9 (b) (1) and (2); 91.121; 91.103; 91.151 (a) and (b); 91.203 (a) and (b): Airworthiness Certificates, Manuals, Altimeter Settings, Preflight Action, and VFR Fuel Requirements 14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a) (1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my UAS meets and exceeds an equivalent 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 Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS’s meet or exceed each of the elements

. 14 C.F.R. § 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) (1) and (2) requires an aircraft flight manual onboard the aircraft. As there are no onboard pilots or passengers, and given the size and weight of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety / flight manual on the ground with the pilot whenever the aircraft is in operation. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings; is inapplicable as my UAS utilizes electronic global positioning systems with a barometric sensor for altitude measurements. 14 C.F.R. § 91.103 regarding preflight action of attaining runway lengths at airports of intended use, the takeoff and landing distance and aircraft performance information of my aircraft is inapplicable. My UAS will not be flown at an airport, take off and landing distances are inapplicable to my small UAS and the performance of my UAS is the same regardless of elevation or atmospheric pressure due to the high power to weight ratio of my aircraft. From my previous flight experience, I can attest that flying the same unmanned rotorcraft, for hobby purposes at sea level on a standard temperature day and at 5,500 ft MSL on a hot day, proved no noticeable differences in flight characteristics between the two elevations and atmospheric pressures.



### 4However, to increase the safety of operation of my UAS, I will gather all available information pertinent to the flight such as location, surrounding obstacles, planed flight time, weather information and the weight and balance (checked as per flight manual and manufacturer's instruction). 14 C.F.R. § 91.151(a) and (b) 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, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. Since most small UAS have flight times shorter than 30 minutes, I plan to adhere to the above regulation to the extent of having enough battery to fly to the first point of intended landing with 30% battery power remaining. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. This is inapplicable for the same reasons described above. An equivalent level of safety will be achieved by maintaining any such required certifications and registrations by myself on the ground, when the UAS is in operation.
B. 14 C.F.R. § 91.105 (a) (2) and (b) Flight Crew Members at Stations Pursuant to 14 C.F.R. § 91.105, pilots and crew members are required to wear a safety belt while at their crew station, and during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. Since my UAS does not have a cabin and is piloted from the ground, 91.105 (a) (2) and (b) are inapplicable. However, 91.105 (a) (1) is applicable to me as my presence at the ground controls for my UAS is critical to the safe operation of my aircraft. An absence from the flight controls (my crew member station) would create undue hazard to non-participants as GPS and autopilot functions do have the possibility to fail. In this instance, if I were not at the controls, I would not have the possibility to land the aircraft or ditch the aircraft in a safe manner.
C. 14 C.F.R. § 45.23: Marking of the Aircraft and Location of Marks Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS is by definition, unmanned. Therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Furthermore, two-inch lettering would be difficult to place on such a small aircraft with some dimensions smaller than that of the minimal lettering requirement. Regardless, I will mark the UAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage / booms as required by 14 C.F.R. § 45.29 (f) so that I, the pilot and operator, will see these markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.
D. 14 C.F.R. § 61.113 (a) and (b) : Private Pilot Privileges and Limitations: PIC Pursuant to 14 C.F.R. § 61.113 (a) & (b), private pilots are limited to non-commercial operations. I as the pilot and operator can attain an equivalent level of safety as achieved by current regulations with a private pilot certificate rather than a commercial pilot certificate since my UAS



### 5does not carry pilots or passengers. Furthermore, while helpful, a commercial pilot certificate will not ensure competent remote control piloting skills for these types of aircraft. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities surrounding full scale manned flight, thus allowing me to operate my UAS in a manner that meets and exceeds current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).

E. 14 C.F.R. § 91.119: Minimum Safe Altitudes 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It even allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 ft. AGL; safely below the current altitude limit of 400 ft AGL. I will also operate my UAS at an average altitude at or below 200 ft AGL to comply with the "blanket" COA that became active for all 333 exemption holders as of March 23, 2015. I also plan to fly in areas away from the public (sparsely populated areas) and avoid flying in densely populated areas, providing a level of safety at least equivalent to those in relation to the minimum safe altitudes. Any people in the vicinity of the flight of my UAS will be given proper notice of my intentions before my flight. Along with prior notification, given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.
F. 14 C.F.R. § 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c): Maintenance Inspections The above-cited regulations require, amongst other things, aircraft owners and operators to have their 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 discrepancies 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 UAS. However, as a safety precaution, I will inspect my UAS before and after each flight in accordance to the checklists in Section 3 this petition. Why Granting this Exemption would not Adversely Affect Safety: I wish to be exempt from these particular FARs to the extent necessary to allow me to operate UAS in America for commercial purposes. Even with an exemption from the FARs, safety can still be maintained at an equivalent level by following all remaining FARs, use of checklists and overall good aeronautical decision making. Furthermore, the FARs I seek exemption from are in regards to devices and practices found in full scale manned aircraft. Most of these devices and practices are too large or too difficult to be used on a small UAS due to their inherent size and weight limitations. However, as described, some practices can be changed or modified in a way to perform the same action as mandated by the regulation and yet still produce equivalent levels of safety.


## Section 2

Aircraft of Intended Use:


### 6I am including three (3) of my UAS for consideration under this petition. If I were to only list one UAS and be granted an exemption, I would need to submit an amendment to include any other aircraft I own and may wish to use commercially. With the intention to save time for both parties (FAA and Jacob Boracca), I am listing these three UAS within this petition as each serves a different and valid purpose for my proposed flight operations. Aircraft Specifications: All aircraft comply with FCC requirements. Blade Chroma Camera Drone: Motor to Motor Distance: 15.7 in (400mm) Prop Diameter: 10.2 in (260mm) Approximate Flight Time: 30 minutes Battery: 11.1V 3S 5400mAh Li-Po Height: 9.50 in (242mm) Weight: 45.9 oz (1.3 kg) Motor Type: 4 × 780Kv Brushless Outrunner Control Link: 2.4GHz Video Link: 5.8GHz Satellite Navigation System: GPS, GLONASS DJI Phantom 3 Profesional: Weight (Including Battery And Propellers): 1280 g Diagonal Size (Including Propellers): 590 mm Max Ascent Speed: 5 m/s Max Descent Speed: 3 m/s Max Speed: 16 m/s GPS Mode: GPS, GLONASS Operating Frequency: 2. 400 GHz-2.483 GHz Max Distance: 2000m Battery: 6000 mAh LiPo 2S DJI Inspire 1: Weight (Battery Included): 2935 g Max Ascent Speed: 5 m/s Max Descent Speed: 4 m/s Max Speed: 22 m/s Max Flight Time: 18 minutes Size (Diagonal Distance): 559 to 581 mm Dimensions: 438x451x301 mm Operating Frequency: 5.725~5.825 GHz 2.400~2.483 GHz Battery Type: LiPo 6S Voltage: 22.2 V Capacity: 4500 mAh



### 7Intended Use of these Aircraft: As stated, I wish to use UAS to provide services such as aerial photography and aerial videography services in the areas of building inspections, real estate, special events to include but not limited to weddings, private or public parties / events, environmental studies, outdoor recreational facilities and landscapes. Use of these Aircraft Pertinent to Regulations and Safety: These UAS will be:



### - Operated only within the United States of America.



### - Operated in unpopulated areas.



### - Operated outside of five (5) nautical miles from any airport or when operated within class G, E, D, and C airspace and when within 5 nautical miles of an airport, attain prior permission and consent from the airport controlling facility or local flight standards district office (FSDO) when necessary. (Again I do not intend to fly within 5 nautical miles of an airport but when the need arises, I wish to comply with all regulations.)



### - Operated in accordance to current UA (unmanned aircraft) weather minimums which are no less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.



### - Operated under visual line of sight. Only a second person, not an operator, will be able to control the camera system via first person view (FPV) as they are not in direct control of the flight of the aircraft.



### - Operated under 200 ft AGL to comply with the "blanket" COA that became active for all 333 exemption holders as of March 23, 201 5.



### - Operated in accordance to the manufacturer's recommendations.



### - Operated only after the pilot has become familiar with all available information pertinent to the safe operation of these UAS.



### - Operated only after a preflight checklist as described in Section 3 is successfully completed.



### - Inspected upon completion of the flight in accordance to the post-flight checklist as described in Section 3.



### - Inspected, repaired and test flown before being operated for commercial purposes under this exemption and after a crash, inflight malfunction or any other incident that without further inspection may pose a safety hazard on a future flight.


## Section 3

Aircraft Checklists: Since all three aircraft are similar in nature (four (4) rotor, lithium polymer battery powered, similar flight controls, similar maintenance, similar operation, etc.), I plan to use one (1) comprehensive checklist for preflight and one (1) comprehensive checklist for post-flight inspections. These two comprehensive checklists will ensure the airworthiness of each aircraft is valid. I can attest from my personal flight experience in general aviation, the importance of a checklist and how becoming familiar with each checklist is imperative to the safe operation of an aircraft. By only using two checklists, I will not only be able to become familiar with them to a



### 8greater degree, but this familiarization with only two checklists will allow me to operate my UAS's with a greater sense of confidence knowing that I will not have missed something critical. Preflight Checklist:



### - Survey the property for hazards, such as trees, utility poles, people and other elements that might compromise the safety of the flight, then make a judgment as to whether to proceed.



### - Inform non-participants of my flight and ask that they remain clear of the flight zone only.



### - Check the weather for wind speed, cloud cover and any forecast changes that might adversely affect flight safety and performance. This includes checking that I am in compliance with unmanned aircraft weather minimums.



### - Confirm that I am outside of five (5) nautical miles of an airport and if not, confirm I have prior permission from the airport's controlling facility to operate my aircraft.



### - Examine the aircraft; looking at connections and searching for cracks and loose parts.



### - Check that the propellers are properly tightened and affixed.



### - Check for proper battery voltage for the intended flight.



### - Determine that the electronic elements are performing correctly: (receiving strong GPS signals along with a calibration of the magnetic compass).



### - Determine that the barometric altimeter reflects approximately 0 feet AGL.



### - Following takeoff, hover at an altitude of approximately 10 feet to assure that the GPS Home Point is correct, then exercise all controls to confirm their functionality. If one of the controls is not functioning correctly, the flight must be terminated immediately.



### - Give right-of-way immediately to any manned aircraft during flight.



### - Fly no higher than 400 ft AGL and remain within visual line of sight from the pilot. Post-Flight Checklist:



### - Check that the flight battery is disconnected and aircraft powered down prior to the post flight inspection.



### - Notify non-participants that your operations have ceased for the current time.



### - Record each flight in log book.



### - Inspect the aircraft for damage, structural integrity and anything else that may need maintenance prior to the next flight.



### - Perform required maintenance in accordance with the manufacturer's flight manual.



### - Ensure that all propellers are still properly tightened and affixed.



### - Review that the entire flight operations were completed in compliance of this exemption and if any incident, accident or flight operation that transgressed the lateral or vertical boundaries of the operational area as defined by the applicable COA, they are to be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents are to be reported to the National Transportation Safety Board (NTSB)

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## Section 4

Public Benefit: UAS in Regards to Media Production: Before the induction of the 333 Exemption, many pilots who wished to gather aerial photos and videos for private events, real estate, building inspections, etc., would require the use of a full scale manned aircraft. These manned aircraft are limited to the minimum altitude in which they


### 9can operate due to Federal Aviation Regulations. When flying at these low altitudes, danger to the public, property and structures is increased. Manned aircraft pose a hazard due to their large size and the flammable fuel contained within them. By using an unmanned aircraft system that is significantly smaller and containing no such flammable fuels, a fire hazard and the damage that can be caused by a small UAS in the event of a crash, is minimized. It is in the public's interest to allow me the use of UAS for the purpose of conducting building inspections, filming of private events and real estate so as to minimize the risk that low flying manned aircraft pose to non-participants. Additionally, the production of aerial video for promotions, advertisements, education and entertainment has been extensive. The equipment options available to make these videos, historically, has been limited to manned aircraft or extensive cable rigging systems to suspend the video equipment. The responsible use of UAS for this purpose reduces exposure to massive and complex equipment failure. Due to the smaller size and weight of the UAS along with improved maneuverability, the public benefits with reduced exposure to equipment failure, reduced cost to its production and improved video quality in ways previously only available through animation. UAS in Regards to Noise: UAS are also significantly quieter than manned aircraft due to their electric motors. When flying at altitudes low to the ground (under 400 ft AGL), they create less of a disturbance to other people than that of manned aircraft flying at or above 500 ft AGL. As I am sure you are aware, the people of Santa Cruz, California are already very upset over the noise caused by aircraft flying on NextGen flight paths into San Jose International Airport (SJC) and San Francisco International Airport (SFO). By using quiet electric powered UAS, it would be in the public's interest to allow me the use of these aircraft for the purposes stated above so that the overall noise level will not be increased in Santa Cruz due to my low flying aircraft.
Public Awareness: I will not only be using UAS commercially, but also to help educate the public. With a 333 Exemption, I intend to use that exemption along with my pilot certificate to help show the public how UAS are beneficial to society and the American economy through public talks and demonstrations. There is a huge hate for "drone" aircraft in the aviation community and people in the hobby of remote control aircraft have had a hard time conveying to the public and to the aviation community that UAS serve a viable cause. I, being able to speak from eleven years experience with remote control aircraft and having my pilot certificate which links me to the general aviation community, allows me the opportunity to bring about discussion on how both parties can cooperate while flying within the same airspace. I understand the valid concerns from each group and wish to address those concerns, help people become informed on the current state of UAS and make informed decisions on legislation regarding the use of UAS. While doing this, I also intend to discuss the process in which I applied for a 333 Exemption and help others who may be operating illegally, become legal and become safer pilots. Summary to be used for Public Commenting: Jacob Boracca, private pilot and eleven years experience in UAS, is seeking exemption from 14 C.F.R. § 21, 14 C.F.R. § 91.7 (a); 91.9 (b) (1) and (2); 91.121; 91.103; 91.151 (a) and (b);



### 1091.203 (a) and (b); 91.105 (a) (2) and (b); 45.23; 61.113 (a) and (b); 91.119; 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c) for the purpose to provide services such as aerial photography and aerial videography services in the areas of building inspections, real estate, special events to include but not limited to weddings, private or public parties / events, environmental studies, outdoor recreational facilities and landscapes. I wish to be exempt from these particular FARs to the extent necessary to allow me to safely operate UAS in America for commercial purposes. Even with an exemption from the FARs, safety can still be maintained at an equivalent level by following all remaining FARs, use of checklists and overall good aeronautical decision making. Furthermore, the FARs I seek exemption from are in regards to devices and practices found in full scale manned aircraft. Most of these devices and practices are too large or too difficult to be used on a small UAS due to their inherent size and weight limitations. However, as described, some practices can be changed or modified in a way to perform the same action as mandated by the regulation and yet still produce equivalent levels of safety. Aircraft I intend to be flying include the Blade Chroma Camera Drone, DJI Phantom 3 Professional, and DJI Inspire 1. Additional information can be found within my full petition or by contacting me at flyboy12@att.net I thank you for your support, Jacob Boracca Santa Cruz, Ca Conclusion: In conclusion, regardless of your decision to grant or deny my petition for exemption, I want to thank you for taking the time to review my petition and for offering the general public the opportunity to apply for an exemption to fly UAS. Remote control aircraft and UAS have been my hobby for eleven years and are what made me decide to want to have a life long career in the aviation field. Even so far as to me earning my private pilot certificate at seventeen. With this exemption, I hope to start that career path. Flying has forever changed my life and I am eternally grateful for everyone in the aviation community, from the FAA to my local flying clubs for all they have done for me. Thank you and I look forward to your response,
Jacob E. Boracca Mail: P.O. Box 285 Watsonville, CA 95077 Phone: (831) 728-1130 Alternate: (831) 247-2601 Email: flyboy12@att.net



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## Appendix Aircraft Flight Manuals:

Blade Chroma Camera Drone: See attachment 1 in docket folder. DJI Phantom 3 Professional: See attachment 2 in docket folder. DJI Inspire 1: See attachments 3 and 4 in docket folder.



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