June 29, 2015

Federal Aviation Administration U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from certain parts of the FARs.

Dear Administrator: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Peter Monico, a professional Rental Management Owner, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow him to operate a small Unmanned Aircraft System (“sUAS”) under the conditions and limi tations set forth in this Petition.
The requested exemption would permit the operation of small, unmanned and relatively inexpensive s UAS under controlled conditions in airspace that is (1) predetermined, and (2 ) would pro vide safety enhancements to bett er help area visitors understand the rental home locations and proximity to local necessities in the Snowshoe, West Virginia Area. Approval of this exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish r equirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.
The name and address of the applicant is:

Peter Monico Telephone: ( 304)572

- 4500 Email: pmonico@firsttracts.com Address: P o Box 511 Snowshoe, WV 26209 Regulations from which the exemption is requested: 14 CFR Part 21 14 C.F.R. § 45.23(b) 14 CFR § 61.3 14 C.F.R. § 91.7 (a) 14 CFR § 91.9 (b) (2) 14 C.F.R. § 91.103 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 § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405 (a) 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 14 CFR § 417 (a) & (b) 3
The Appendix describes the FARs from which an exemption is requested and summarizes the justification for each requested exemption. The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the Reform Act, which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Ad ministrator must determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: • The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). If the Administrator determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added). The Secretary has delegated his aviation authority to the Administrator of the FAA. The Federal Aviation Act e xpressly grants the FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40 101 of the Act, which includes UASs. The Administrator may grant an exemption from a requirement of a regulation prescrib ed under subsection (a) or (b) of this section or any sections 44702

- 44716 of the Federal Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1). Th e petitioner is a professional rental management company owner, who earns his living renting vacation homes to the ski tourism industry at Snowshoe, WV

. The Snowshoe Area is VERY rural and is located within the “National Quiet Zone” which severely restrict s cell phone coverage due to the interference of those specific frequencies. Pocahontas County has just recently completed it’s 911 Addressing however these addresses will take several years to become recognized by GPS/Navigation devices. With limited cell phone coverage and no GPS directions, local visitors

are experience significant delays when accidents occur.

The availability of small Unmanned Aircraft Systems, also kno wn as “microdrones,” carrying HD video cameras and priced at affordable levels has created a potential solution for the petitioner. Throughout his entire professional career, Peter has involved exploring new technologies and adapting them to help inform the public. In May 2015, Peter bought a DJI Phantom 3 and has flown it for total of 15 hours over remote areas in the region, exploring thepotential and the limitations of its video subsystem.

Peter is very pleased with the quality of the imagery captured

. Now, we would like to capture video depicting the location of each rental home and it’s proximity to area necessities such as the local Ski Patrol/Health Clinic, the Snowshoe Village, the only local Gas Station and Proximity to the ski slopes.
He has been advised by the NAR that this is not now permissible unle ss he obtains special permission from the FAA. Many competitors of Petitioner are actively flying sUAS to conduct aerial photography for commercial purposes, notwithstanding the FAA’s stated prohibition. He also notes and has read the congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate the economic and societal benefits that can result from widespread deployment of sUAS technology. Accordingly, Petitioner applies for authori zation under the Federal Aviation Act, and the FARs rules to undertake the following activities for commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive advantage if he, as he prefers, complies with FAA policy.

**Vehicle** The Petitioner will fly a DJI Phantom 3 Advanced equipped with a three

- axis gimbal and GoPro

camera.
This vehicle has built in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the o perator, and to exclude it from class B, C, 5 and D airspace. The vehicle also has the built

- in capability to return to the launching point if the wireless control link is interrupted or if the operator attempts to exceed any of the height, radius, or airs pace limitations programmed into it. The vehicle weighs about five pounds empty and has a maximum gross weight of approximately twenty pounds. It has a top speed of about 30 knots. It has four fixed

- pitch rotors, thrust from which is varied by changing RP M. It is powered by a lithium polymer battery.
**Flight profiles** The petitioner will program the Phantom so that it will not fly above 2 00 feet above ground level, or more than 1500 feet away from him. He will carefully preflight the vehicle before each

m ission to assure that its compass and GPS system are properly calibrated and that the return

to

-home feature, altitude, and radius limitations work. He will operate it on aerial photography missions only in the early morning hours and other times when few people are out and about. He will operate it only over largely unpopulated areas where the potential of uncontrolled descent to cause injury or damage is low . Atop Snowshoe is the only registered emergency helipad. Petitioner will never have a need to fly within proximity of said Helipad. Petitioner also owns/operates a Ham Radio so if the unlikely and rare event of an incoming Emergency Vehicle, petitioner will immediately cease all flight activity. He will not operate it in controlled airspace. In the unlikely event that a manned aircraft flies below 2 00 feetAGL where the petitioners operating his Phantom, he will keep both the vehicle and manned

aircraft in sight and avoid the manned aircraft. More particularly, the Petitioner will fly the Phantom only over the following types of areas in Snowshoe Area :

- Over a Vacant Rental Home, towards the Snowshoe Ski Patrol/Health Clinic, Snowshoe Village and ski slopes

- Over the Monongahela National Forest

- Over private property when he has been commissioned by the person in legal possession of the property to do so
The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform Act relating to size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national se curity. The Petition justifies grant of the requested exemptions allow the Petitioner to obtain aerial photography with his microdrone.
Respectfully submitted,

Peter Monico

# Appendix **FAR**

**section Subject**  **Justification**

14 CFR § 45.23(b) Requirement to display registration number on vehicle Insufficient space on vehicle

14 CFR Part 21 Aircraft certification requirements and procedures Designed for manned aircraft; not suitable for off

the

- shelf sUAS 14 CFR § 61.3 Requirement for pilot certificate Part 61 requirements designed for manned aircraft, not sUAS; petition describes training for sUAS operator 14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; not suitable for off

the

- shelf sUAS 14 CFR § 91.9 (b) (2) Requirement for manual to be available in the cockpit No one aboard to read manual 14 CFR § 91.103(b) Requirement for crew members to be onboard Unmanned vehicle

14 CFR § 91.109 Requirement for dual 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 Vehicle does not use fuel 14 CFR § 91.203 (a) & (b) Requirement for registration and airworthiness certificates to be onboard No one aboard to read certificates

14 CFR § 91.205(b) Cockpit instruments No one aboard to read