By letter dated June 30, 2015, Mr. Brad South, Owner , of Brad South Photography, 9407 Jam aica Beach, Galveston, TX 77554 petitioned the Federal Aviation Administration (FAA) for an exem ption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The propose d exem ption would allow BSP to operate the PHANTOM 3 quad

- copter unm anned aircraft system (UAS) to conduct aerial videography, cinem atography and real estate photography to enhance academic community awareness for those individuals and companies unfam iliar with the geographical layout of the m etro Tucson area and augm ent real estate listing videos and photos

. The petitioner supports his request with the following inform ation: The petitioner has provided the following inform ation

– contained in his petition and supporting docum entation including: 1) Supplem ental Response for Petition, 2) PHANTOM 3 Flying Flow Chart V1.0 (Sim

plified Version), PHANTOM Quick Start Manual v1.7, PHANTOM Adva nced Manual v.1.4, 3) PHANTOM 3 + User Manual 4) restricted areas map, 5) personal protocols and controls, and 6) Sa fety/Flight Manual (all hereinafter referred to as operating docum ents). The FAA has organized the petitioner’ s inform ation into four sections: 1) the unm anned aircraft system (UAS), 2) the UAS Pilot In Comm and (PIC), 3) the UAS operating parameters and 4) Public Interest. Unm anned Aircraft System The petitioner states he plans to oper ate a UAS, the PHANTOM 3, which is comprised of an unm anned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM 3 is referred to as a quad

- copter with a m axim um gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric m otors powered by batteries. The UA has a maxim umairspeed of 30 knots. Petitioner plans to attach a s ma ll ultra

- 6 lightweight GoPro 4 + cam era to his UA and operate the UA over va rious areas near Galveston, Texas to enhance academic community awareness and augm ent real estate listing videos and photos

. Petitioner m akes the following representations of operational enhancem ents which he proposes to abide by to e nsure this exem ption will provide a level of safety at least equal to existing rules: • He will only operate in reasonably safe environm ents that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; an d • He will conduct extensive preflight inspections and protocols, during which safety carries prim ary im portance. The petitioner states that given the size, weight, speed, and lim ited operating area associated with the aircraft to be utilized by him, an e xem ption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and lim itations, is warranted and m eets the requirem ents for an equivalent level of safety under 14 CFR p art 11 and Section 333 of P.L. 112

- 95 (Section 333). Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot station on which to m ark certain words or phrases. Further, he states that two

inch lettering is difficult to place on such a sm all aircraft with dim ensions sm aller than the minim allettering requirem ent. Regardless of this, petitioner states that he will m ark his UAS in the largest

possible lettering by placing the word “Experim ent al” on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a spotter will see the ma rkings. The petitioner states that an exem ption from

§§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections m ay be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, the petitioner states as a safety precaution he will perform a preflight inspection of his UAS before each flight as outlined in his operating docu me nts. UAS Pilot in Command (PIC) The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to non comm ercial operations, however he can achieve an equivalent level of safety as achieved by current regulations because his UAS does n ot carry any pilots or passengers. Further, he states that, while helpful, a pilot license will not ensure rem ote control piloting skills. He further indicates that the risks of operating a UAS are far less than the risk levels inherent in the comm ercial a ctivities outlined in 14 CFR part 61, et seq., thus he requests an exem ption from

§ 61.113 Private Pilot Privileges and Limitations: Pilot in command.
Regarding UAS operational training, the petitioner states he has flown num erous practice flights in rem o te areas as a hobbyist sim ulating flights for future commercial use to gain familiarization with the characteristics of his UAS’ perform ance under different tem perature and weather conditions. He further states that he practices com puterized sim ulated flights to ma intain adequate skills and response reflex tim e.