15 December , 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey

Avenue, SE. Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Joseph A. Vicente , operator of an Unmanned Aircraft S ys tem (UAS), hereby appl y for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its U AS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by

Section 333 under the new blanket provisions for UAS COAs as discussed at https://www.faa.gov/news/updates/?news Id =82245

. This proposed exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of commercial aerial photography and cinematography of real estate, vacation rentals, golf courses, and events. Commercial operation of an UA S, as described herein, which are equipped with camera and sensors, would operate in the following manner: (a) Aerial photograph y and/or video for public and/or private use including real estate and other related professional activities, (b) Aerial video and/or photography for public and/or private use including public and private events.

**Applicant:** 

### Joseph A. Vicente 92 Hyland Ave Rockaway, New Jersey 07866 973

- 625

- 8493 javicente@verizon.net**Regulations from which the exemption is requested, subject, and justification**  :

**FAR Section**  **Subject Justification**  14 CFR Part 21 Aircraft	certification

requirements	and procedures Designed	for manned aircraft; not	suitable for off

- - -the

- - -shelf UAS 14 CFR 45.23 (b) Requirement to display

registration number of vehicle Insufficient space o n vehicle

14 CFR 61.113 (a) & (b) Private pilot p rivileges and

limitations: pilot in command UAS will n ot carry a pilot or passengers

14 CFR 61 Requirement f or pilot certificate Designed f or manned aircraft,
not UAS 14 CFR 91.7 (a) Airworthiness requirement Designed for manned aircraf t ; not suitable for off

- - -the

- - - shelf			UAS 14 CFR 91.9 (b) (2) Requirement	for m anual

to			be available in cockpit UAS is unmanned with no cockpit

14 CFR 91.103 Requirement for p reflight action Unmanned vehicle. PIC w ill

ensure flight safety b ased on weather conditions, examining		of	UAS, and following UAS manufacturer instructions 14 CFR 91.109 Requirement for d ual

controls during flight instruction No one aboard to operate controls

14 CFR 91.119 Minimum altitudes for

safe flight Safety requires operation below these altitudes 14 CFR 91.121 Altimeter settings No one aboard to read altimeter 14 CFR 91.151 (a) Fuel	requirements UAS does not use fuel

14 CFR 91.203 (a) & (b) Requirement for

re gistration a nd A irworthiness c ertificates to	be onboard No o ne a board to read certificates14 CFR 91.205(b) Cockpit instruments No one	aboard to read

14 CFR 91.215 (a) & (b) Transponder requirement Vehicle has insufficient useful l oad; will be o perated below ATC radar coverage 14 CFR 91.405 (a) Inspection requirements Designed	for manned aircraft;
not suitable f

or o ff

- - -the

- - - shelf UAS 14 CFR 91.9 (b) (2) Civil aircraft flight manual in the	aircraft No space for flight m anual on UAS, P IC will keep	manual	at the	ground control point for immediate access. 14 CFR 407 (a) (1) Inspection	approval

requirements Designed for manned aircraft;
not suitable for o ff

- - -the

- - - shelf UAS 14 CFR 409 (a) (2) Airworthiness inspection Designed for	manned a ircraft;
not suitable for off

- - -the

- - - shelf		UAS 14 CFR 417 (a) & (b) Maintenance records requirements Designed for manned aircraft;
not suitable	for off

- - -the

- - - shelf		UAS

As described fully

below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safet y enhancements to the alread y safe operations in the industry presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safety

and fulfill the Secretary

of Transportation responsibilities to “....establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a PHANTOM 2 UAS. I will operate a UAS, the DJ I Phantom 3 Professional, Model W323, which is comprised of an unmanned aircraft (UA S or Phantom), an attached 4K camera and a transportable ground station.

The UAS DJ I Phantom 3 Professional is a quad

- copter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven b y electric motors powered by batteries. The Phantom 3 has a maximum airspeed of 16 m/s. I t will be operated in variouslocations within the United States to augment real estate listing videos, capture event

areal video and pho tography , and related business operations.

**UAS Operating Parameters** :

I will abide by

the following additional operating conditions under this exemption, which ensures a level of safet y at least equal to existing rules:

• UAS will be registered with the FAA on or after the 21 December, 2015 FAA registration implementation date utilizing the on

- line registration process.

• Will operate UAS below 200 feet and within a radius distance of not more than 5 00 feet from the controller to aid in direct line of s ight visual observation;

• Will obtain permission from the owner/controller of an y vessels, vehicles and structures when operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; I will conduct a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard;

• Will operate the UAS for a maximum of 25 minutes per flight;

• Will operate the UAS only during day light hours

• Will land UAS prior to the manufacturer’s recommended minimum level of battery power (when no less than 25% battery is remaining)

• Will operate UAS within visual line of sight (VLOS);

• Will use the UAS’ global positioning sy stem (GPS) flight safet y feature whe reb y it hovers and then slowly lands with preset GPS coordinates if communication with the remote control pilot is lost;

• Will not disable or alter any DJ I enabled Geo

- Fencing installed technology.

• Will stay certain distances away from airports or helipor ts: a) 5 nautical miles (NM) from an airport having an operational control tower; or b) 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or c) 2 NM from an airport without a published instrument flight procedure or an operational tower; or d) 2 NM from a heliport with a published instrument flight procedure

• Will alway s obtain all necessary permissions prior to operation; have procedures in place to abort flights in the event of safet y breaches or potential danger;

• Will only

operate in safe environments that are strictly controlled, are away

from power lines, elevated lights, airports and densel y populated areas (defined by areas depicted in “y ellow” on VFR charts and through obtaining information regarding congeste d areas from the local Flight Standards District Office (FSDO);

• Will conduct extensive preflight inspections and protocols, during which safety carries primary

importance (reference PHANTOM Fly ing Flow Chart and User Manual).Regarding UAS operational training, I have flown numerous practice flights in remote

areas as hobb yi sts simulating flights for future commercial use to gain familiarization with the characteristics of the UAS’ performance under different temperature and weather conditions.

As PI C operating m y UAS, I will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS.

As PI C, I will also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations. In addition to the hour requirements, the I, the PI C will accomplish 3 take

- offs and landings in the pre ceding 90 day s (for currency purposes) prior to any

flight.

**Specific Exemptions Requested :** 
Given the size, weight, speed, and limited operating area associated with the UA S , I feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safet y u nder 14 CFR part 11 and Section 333 of P.L . 112

- 95 (Section 333).

I request an exemption from § 45.23 Marking of the aircraft because the UA S will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two

- inc h lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, I can mark the UAS in the largest possible lettering b y placing the word “Experimental” on its fuselage as requir ed b y § 45.29(f) so that anyone will see the markings.

I request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since there is currently no certificate applicable to our operation, this reg ulation is inapplicable.

I request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only appl y to aircraft with an airworthiness certificate. However, as a safet y precaution I will perfo rm a preflight inspection of the UAS before each flight as outlined in the attached operating documents.

I request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers o n board the aircraft and given its size, this regulation is inapplicable. I believe an equivalent level of safety will be achieved b y m aintaining a safet y/ flight manual with the UAS ground station.I request an exemption from § 91.119 which prescribes s afe altitudes for the operation of

civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. I will not operate our UAS above the altitude of 200 feet above ground level (AGL) and will also only operate in safe area s away from the public and traffic, thus “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 the UAS, an equivalent or higher level of safet y will be achieved. I request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes electronic GPS with a barometric sensor.

I request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UA S is 100% electric and two low battery alerts are issued

- per the operating documents, the UA S will be landed at the first alert. Also, our flights will last only at a maximum time of 25 minutes each, and the UAS has an automated function, which results in immediate landing when a low battery is detected. The PI C will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA S with 25% battery

power remaining.

**Public Interest:**

Aerial photograph y and videograph y for real estate and events are proven strategies to enhance marketing efforts and increase business success. The industry is not new. However, until recentl y i t w as conducted through the use of costl y manned aircraft, a prohibitive business activity for small companies. By granting this exemption I would be able to provide affordable services for small business owners, real estate agents, and vacation rental owners

. Further, the small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft.

Conventional photography operations, using jet or piston powered aircraft, at extremely low altitudes, often very

close to the subject being filmed and in close proximity to people and structures; and present the risks associated with vehicles that exceed 3,000 lbs., carry ing large amounts of jet A or other fuel.

In contrast, a UAS weighing fewer than 55 lbs. and powered b y batteries eliminates virtually all of the risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the location.

The UAS will carry

no passengers or cre w and, therefore, will not expose them to the risks associated with manned aircraft flights

Additionally , the operation of our UAS will minimize harm to the environment economic growth by

providing information to companies and the public looking to reloc ate or buildin the metro areas I service. In addition, m y request shows my desire to promote a safe culture of UAS in the United States.

**Summary**

I hereb y attest that I will comply with all of the following conditions and limitations should this ex emption be provided: 1. Operations will be limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft Sy stem. 2. The UA S will not be flown at an indicated airspeed exc eeding 50 knots. 3. The UA S will be operated at an altitude of no more than 200 feet above ground level (AGL), all altitudes reported to ATC must be in feet AGL. 4. The UA S will be operated within visual line of sight (VLOS) of the Pilot in Command (PI C) at all times. 5. All operations will utilize a visual observer (VO). The UA S will be operated within the visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PI C will be desi gnated before the flight and will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents. 6. The operating documents will be accessible during UAS op erations and made available to the Administrator upon request. An y revisions to the operating documents will be presented to the Administrator upon request. 7. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. 8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical c omponent, will undergo a functional test flight. The PI C who conducts the functional test flight will make an entry in the aircraft records. 9. The pre

- flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable c omponents, items, or equipment, not already covered in the relevant sections of the operating documents. 10. I will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11. I will carry

out maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours,description of work accomp lished, and the signature of the authorized person returning the UAS to service. 12. Each UAS operated will comply with all manufacturer Safet y Bulletins. 13. An authorized person will make an entry in the aircraft record of the corrective action taken against d iscrepancies discovered between inspections. 14. UAS operations will be conducted b y a PIC possessing at least a private pilot certificate and at least a current third

- class medical certificate. The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate. 15. Prior to operations conducted for the purpose of aerial videograph y/ photography and for real estate listing videos and public and private events and similar operatio ns, the PI C will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. 16. Prior to operations conducte d for the purpose of aerial videograph y/ photography and for real estate listing videos and public and private events and similar operations, the PI C will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations. The PI C will accomplish 3 take

offs and landings in the preceding 90 day s. 17. The PI C will not operate the UAS for the purpose of aerial videograph y/

photography

and for real estate listi ng videos and public and private events and similar operations, unless the PI C has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with the operating documents, including eva sive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 18. UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological con ditions (VMC). 19. The UA S will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart. 20. The UA S will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a clou d or when visibility is less than 3 statute miles from the PI C. 21. If a UA S loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating do cuments. 22. The PI C will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 23. I will not alter or disable any DJI installed GEO

- Fencing technology

. 24. The PI C will not begin a flight unless (considerin g wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA S with 25% battery power remaining. 25. I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations, and also request aNotice to Air

- man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA S will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 27. The documents required under 14 CFR 91.9 and 91.203 will be available to the PI C at the Ground Con trol Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request. 28. The UA S will remain clear and yi eld the right of way to all manned aviation operations and ac tivities at all times. 29. The UAS will not be operated b y the PIC from any moving device , vessel or vehicle. 30. The UA S will not be operated over congested or densely populated areas. 31. Flight operations will be conducted at least 500 feet from all nonparticip ating persons, vessels, vehicles, and structures unless: 32. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA S and/or debris in the event of an accident. I will ensure that nonparticipating persons remain unde r such protection. I f a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA S , flight operations must cease immediatel y and/or; 33. The aircraft is operated near vessels, vehicles or structures where the

own er/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; 34. Operations nearer to the PI C, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 35. All operations will be conducted over private or controlled

- access propert y with permission from the land owner/controller or authorized repre sentative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 36. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y t he applicable COA will be reported to the FAA's UAS I ntegration Office (AFS

- 80) within 24 hours. Accidents will be repor

ted to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. Similar exemption requests have been recently submitted by Charles Howarth of Newport Beach, CA and Andrew Lassiter of Folly Beach, SC.

Thank y ou for y our consideration of m y exemption request.

Sincerel y,Joseph A. Vicente