### Addendum to Petition for Exemption, requesting relief from the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 333.

June 1st, 2015

ATT: Ms. Brenda Robeson, Program Analyst, Airmen and Airspace Rules

Division

I am in receipt on your letter dated May 27 th , 2015. Please find my response to your request for additional information :

The specific section or sections of 14 CFR from which Randy A. Hemmel seeks relief, the extent of the relief sought, and the reason Randy A. Hemmel seeks relief.

I am petitioning for an exemption seeking relief from the requirements of Title 14 of the Code of Federal Regulations sections as follows:

Part 21; Subpart H: 14 CFR Part 21 45.23 (b); 14 CFR Part 61.113 (a) & (b); 14 CFR Part 21 91.7 (a) (b) Subpart H. 14 CFR Part 21 91.9 (b)(2) 14 CFR Part 21 91.103 (b)

14 CFR Part 21 91.109

14 CFR Part 21 91.119 14 CFR part 21 91.121 14 CFR Part 21 91.151 (a) 14 CFR Part 21 91.203 (a)(b) 14 CFR part 21 91.405 (a) 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) &( 2) 14 CFR 417 (a) & (b).

The extent of relief Randy A. Hemmel seeks and the reason he seeks

such relief:

Randy A. Hemmel submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent Randy A. Hemmel from engaging incommercial photographic, videographic, and/or other flight operations within the NAS [national airspace system.]

The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. The petitioner’s, ultra light weight DJI Phantom

Vision 2+ UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS prior to the time period by which the Reform Act requires the FAA to finalize rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related UAS aerial photography and videography.

The Reform Act provides guidance in determining the types of UAS's that may operate safely in our national airspace system. Considerations include weight, size, speed and overall capabilities of the UAS's; 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 the petitioner. My UAS utilizes four propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including integrated camera with gimbal.

As safety is foremost with each flight, my UAS is designed to hover in place via GPS and operate in less than a 15 mph wind with less than 1/2 meter deviation. For safety & stability of the craft, and general rule of safety, I will limit my flying to not exceed winds of more than 10 mph. Auto safety systems include GPS mode that allows my UAS to hover in place when radio controls are released. When transmitter communication is lost, the UAS is designed to return to the point of takeoff, and slowly descend and land itself automatically.

I do not operate my UAS near Airports, nor do I operate near areas where general public is within 100 yards. My locations will generally be private residences, and I will advise any homeowners to remain indoors as I photograph their home. I am also very cognizant of any manned aircraft in the area, and prepared to land immediately should one approach my area.My UAS is capable of vertical and horizontal operations, and are flown only within my line of sight. Battery powered flights generally last between 10-15 minutes, with an altitude generally under two hundred (200) feet. I, Randy A. Hemmel, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is

20 to 25 minutes as tested with the Phantom Vision 2+ version 3.0

batteries. These are the newer and more efficient Version 3.0 batteries and are rated to last up to 25 minutes of flight time.

The Phantom Vision 2+ is not operated at or below manufacture recommend minimum charge levels for operation; I remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for loss of control or any other

hazard.

Reserve batteries are at hand at all times with every photo session to insure replacement for sufficient safe level of operation. I do not take any risks that may cause a crash, or could create hazard to the public/property/ manned aircraft. The dollar value of the craft’s investment surely precludes any desire to do so. As a hobbyist, I have clocked numerous practice flights in the local park over empty fields and other remote areas. These flights have served to enable the petitioner, Randy A. Hemmel, to gain familiarization with the characteristics of this specific UAS's performance under various conditions. All of the above is in the name of safety.

I, Randy A. Hemmel, am extremely cautious when operating of my UAS/ ultra light weight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Randy A. Hemmel UAS, used in flight, has a demonstrable safety record and does not pose any threat to the general public or national security.The reasons why granting the request would be in the public interest; that is, how it would benefit the public as a whole.

Aerial Photography & Videography for Real Estate marketing provides Realtors and their Real Estate Agencies with very dynamic, dramatic, and

otherwise unseen vistas of developments, neighborhoods, and individual homesites that have previously been unobtainable even with aerial photos from aircraft or helicopters.

Aerial photography via UAS provides views of houses, buildings and landscapes that cannot be seen from the ground. This type of photography can be especially helpful for larger properties. Real estate companies would surely present some property in a better way if that large property can be viewed from the air and by showing the roads and other features around that property. There is no better way to do that other than using aerial photography , and UAS photos offer the best perspective possible.

The public benefits by being able to see and assimilate much more information on a specific listing than ever before possible. The low-level nature, hovering ability, and high-resolution photographs & video possible with the UAS did not even exist a short time ago. Aerial videos of homes can reveal much more about a neighborhood than views currently available today via Bing, Google Earth, or Zillow. Real Estate photos produced by the UAS can relay all of this detailed information with absolutely no

additional cost to the consumer.

There currently exists no other medium which can portray a homesite in more dynamic and dramatic detail as a UAS-produced photo or video. And there is a huge, pent-up demand in the public for these photos/videos.

Why Drone Photography is a Safer Alternative

From the FAA’s own study, “The agency writes that using drones to shoot aerial photos can be both cheaper and safer than using a heavier aircraft. They would pose less risk to the public in the event of an accident and “would also generate significant cost savings to the economy.”

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting this exemption request furthers the public interest and educational awareness through aerial photos and videos of the topographical structures in and around RealEstate listed for sale in my area of NJ. It provides Realtors with a safe and reasonably lower-priced option to acquire Aerial photos and videos. With this option available to them, Realtors will not be tempted to purchase UASs themselves, and attempt to learn how to operate them - ignoring the FAAs regulations, and putting themselves - and anyone nearby - in harm’s way. A much safer alternative is to grant my exemption, and allow me to pursue this avenue with many hours of UAS time already logged, and with full knowledge, awareness, and adherence to FAA rules and regulations - the same as I have done as a 30+ year licensed and currently active pilot.

Yet another advantage and benefit to the public is that my UAS is light weight, battery powered, and produces no emissions that can harm the environment. And if the Phantom were to crash for any reason, the result would be far less of an impact if a full size aircraft or helicopter were to go

down. The much heavier aircraft with fuel and crew on board if crashed would more likely result in injury and fatalities to the public and the flight crew as well. These fears are much abated with the employ of a small, light weight UAS doing essentially the same Aerial Photo tasks as the larger, full-sized aircraft, and with higher-resolution and closer photos than possible in an airplane in a much safer fashion. Fires and fuel spills can be catastrophic in aircraft crashes; a UAS crash presents no such risks to the public. Further, as the public is kept out of harm’s way during my photo shoots of homes, there is little or no danger at all to the public with the approval of this exemption.

Permitting me, Randy A. Hemmel, to immediately fly within national air space furthers economic growth. Granting this exemption request substantially furthers the economic impact for Realtors and their agencies looking to create Real Estate listings in the area which utilize this highly attractive media, which also serves as a stimulus to the community at large, and provides a relatively low-cost option for Realtors to include aerial photos in their listings.

Additionally, the National Association of Realtors has now updated their policy on drone photos/videos to state:

“NAR does not recommend members use UAVs to take pictures or video of a property for a listing, or hire a third party to take pictures or video until the FAA has clear regulations for the use of UAVs or the user has

received a waiver from the FAA. ”The issuance of this waiver will satisfy the above requirement from the NAR, and will encourage Realtors to use my services in a legal fashion, thus stimulating economic growth via increased interest and discussion of such aerial photos/videos.

Reasons why this exemption will not adversely affect safety or how the exemption will provide a level of safety at least equal to that provided by the rule from which Randy A. Hemmel seeks an exemption.

This exemption will not adversely affect safety; it will enhance safety protocols. The exemption will allow Randy A. Hemmel to log more flight time with the UAS in FAA controlled airspace, with communications with the FAA. It will allow Randy Hemmel to contribute to the growing knowledge base of UAS operations in the US with the innovation of new and as yet-to-be discovered safety protocols which can and will be developed in cooperation with the FAA.

Additionally, Randy A. Hemmel, the petitioner, submits the following enhancements to current aerial photography and videography:

My UAS weight is 2.68lbs. including payload

.
The UAS is only operated below 400 feet - within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of

2012 , and it’s internal software is automatically limited to the 400 foot height.

By virtue of the software setting, it cannot fly higher than 400 feet, even if the operator attempts to do so.

The Phantom Vision 2+ operates for approx. 15 minutes per flight , with up to 10 minutes of battery reserve power.

I land the UAS prior to manufacturer recommended minimum level of battery power. I have never run out of power while flying the Phantom Vision 2+, thus avoiding any emergency landings.

Critical battery warnings include a very loud audible signal, as well as a bright red display on the attached iPhone display screen which is impossible to ignore.My UAS is remotely controlled and piloted only by line of sight . In typical Real Estate shooting, the UAS is never more than 100 feet from the operator, and never out of sight.

I never use “FPV” goggle or any other vision aided technology to see the

UAS.

The GPS flight safety feature will automatically hover the craft and then slowly land it if communication is lost with the remote controller. I test this function on a regular basis to insure all fail-safe systems are working. The system works as designed in my craft, as tested by Randy A. Hemmel.

I continually keep myself updated on all UAS activities and FAA regulations by actively reviewing multiple UAS/UAV/FAA/DJI websites, portals, and forums. These enable me to keep on top of all rules and regulations, and also to enhance my own safety protocols.

I limit my UAS operations to safe environments, away from people, obstructions, power lines, & airports.

As safe flights are the most important, I do pre- and post- flight inspections

of the UAS.

Also in line with safe flying, all necessary permissions are obtained prior to operation.

Procedures and protocols are in place to abort flights in the event of safety

breaches

.
I will operate as PIC [pilot in command] and have a Private Pilot’s License including both power and glider ratings. I have been flying aircraft since 1985, and my experience has enabled me to fly the UAS with excellent precision and valuable knowledge-based decisions.

I will be the ONLY PIC operating the UAS, thus adding to the safety

factor.

I will operate only in flight conditions that meet the manufacturer’s recommended parameters.

I currently have and will continue to purchase up-to-date Sectional charts such that I insure that I am flying within the established limitations granted to me by the FAA. As a 30-year licensed pilot, I am well-aware of how to

read a Sectional Chart.All flights will be over non-congested areas.

I do not operate the UAS at max. forward speed; only at the speed necessary and prudent for the photography required.

As there are no people on board and the UAS is operated only in specific areas, therefore the potential loss of life is greatly diminishe d.

As there is no fuel on board a UAS and thus the potential for fire or explosions is eliminated.

The small size and high maneuverability of the Phantom Vision 2+ allows me to easily and remotely fly away from and avoid hazards quickly and

safe ly.

My UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels.

My safety protocols provide a level of safety equal to or exceeding existing rules.

A Summary the FAA may publish in the Federal Register:

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 necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Randy A. Hemmel’s, 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. Mr. Randy A. Hemmel’s current and projected 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) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 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, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric

sensor.

4 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Randy A. Hemmel.

14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, Randy A. Hemmel, can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercialactivities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Randy A. Hemmel, to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

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 allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 AGL; I, Randy A. Hemmel, will operate my UAS 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, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

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

C.D.E.

The above-cited Regulations require, amongst other things, aircraft 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 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, Randy A. Hemmel’s, UAS. However, as a safety precaution I inspect my UAS before and after each flight and have had it serviced and upgraded by the manufacturer. 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 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, Randy A. Hemmel, UAS meets 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 UASmeets or exceeds 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) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this 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 Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Randy A. Hemmel 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. §§ 61.113 (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)(1); 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, Randy A. Hemmel’s, small unmanned vehicle/lightweight unmanned aircraft for photographic operations in support of the local real estate market. I operate at low altitudes and in controlled airspace eliminating potential public risk. These operations will allow the business community an alternative to using full size helicopters or aircraft thereby providing a more economical, safer, and less intrusive method to acquiring there promotional sales materials.

I, Randy A. Hemmel, have been analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for Aerial Photography usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my, Randy A. Hemmel’s, UAS and therefore the likelihood of death or serious bodily injury is significantly reduced. My, Randy A. Hemmel’s operation of my UAS, weighing less than 5 pounds and traveling at lower speeds within limited areas willprovide an equivalent level of safety as that achieved under current FARs. Accordingly Randy A. Hemmel respectfully requests that the FAA grant this exemption request and Randy A. Hemmel is willing to cooperate in sharing information to benefit the FAA, the safety of manned aircraft, and the general public at large.

Respectfully submitted,

Randy A. Hemmel

80 Fawnridge Dr.

Long Valley, NJ 07853

908.303.9393