United States Department of Transportation Federal Aviation Administration Boo Independence Ave, SW Washington, DC 20591
RE: Petition for Exemption from certain Title 14 CFRs in regards to Section 333 ofthe FAA Modernization & Reform Act of 2012 concerning Unmanned Aerial Systems (UAS)
To whom it may concern:
Per this letter of request, I seek exemption from several Title 14 CFRs that relate to the commercial use of unmanned aerial systems (UAS)
. The following will be included in this reques t : Personal information of Petitioner; E xecutive Summary; summarizing the rules petitioner seeks exemption from ; reasons the exemptions would serve the public interest; Specific Title 14 CFRs to which an exemption is sought; the extent and reasons forthe requested exemptions; and reaso ns why safety would not be compromised. 

## PERSONAL INFORMATION Name: Company: Address: Phone: Email: H e nry Scott Estes (h ereaf ter referred to as "Petitioner") HenryS
. Estes Photography 3985 Abernathy Farm Way, Acworth, Georgia 30101 770-546-7362 scott@hsestesphotography.com 

## EXECUTIVE SUMMARY Henry S. Estes Photography plans it use UAS in order to capture aerial video and photography for the purpose of Real Estate, Cons truction , Land Surveys, Videography and general Photography
. Since 2012, Petitioner has owned a DJI Phantom 1, Phantom 2, and now Phantom 3
. As a hobbyist, Petitioner has become very proficient with the DJI Phantom models with over 100+ hours flown in type
. Petitioner is requesting an exemption from the current rules in Section 333 which govern the uses of UASs for commercial purposes. The Petitioner seeks authorization to perform commercial UASoperations for the above mentioned uses . The Title 14 CFRs exemptions that this request entails are 61.113(a) 

### & (b); 91.7(a); 91.119; 91.121; 91
. 151(a); 91.405; 9 1.407(a); 91
.409(a)(1) 

### & (2) ; 91.417(a) 

### & (b). Reasons for request are cited below.

## PUBLIC INTEREST Aerial videography for geographical awareness, real estate/construction, marketing and inspections has been around for a long time through manned fixed wing aircraft and helicopters
. But for small business owners, its expense has been cost- prohibitive
. Granting this exemption to the Petitionerwould allow him to provide this service at a much lower cost. Further, the small UAS being utilized in this application will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft
. The operation of this UAS will minimize ecological damage and promote economic growth by providing information to businesses and individuals in the metro Atlanta and North Georgia area . 

## DESCRIPTION OF UAV TO BE DEPLOYED UNDER REQUESTED EXEMPTIONS Petitioner currently owns a DJI Phantom 3 UAS and a DJI Phantom 2 UAS. These are virtually the same model of UAV
. The difference is in camera capabilities and slightly different control links. The petitioner intends to use the Phantom 3 as the primary UAS in commercial applications described herein
. The Phantom 3 is a quad copter that can take offand land vertically. It weighs approximately 3 lbs
. and has a maximum airspeed of approximately 25 knots. This UAS uses lithium polymer batteries which have approximately 20-25 minutes of total charge time
. Thi s gives this UAS approximately 12-15 minutes of flight time with sufficient remaining battery charge to land safely. The particular model of DJI Phantom 3 being utilized underthis reques t for exemption has First Person View (FPV) which allows the PIC to visually monitor certain telemetry data on a ground station monitor including altitude (AGL), GPS signal strength, battery charge information, etc
. This FPV also gives the PIC video feed from the attached camera showing what images are being captured
. Thi s is a significant safety feature as it shows the attitude ofthe UAS and its forward direction
. However, thi s FPV feature will never be used as a tool to deviate from VLOS operation by the PIC. 

## PREFLIGHT The petitioner will always follow proced ures outlined in the UAS operator's manual as to proper preflight inspection of all hardware, software, environment and any other factors needed to ensure a safe flight
. The PIC will make a visual walk through of the area, identify hazards, and notify and bystanders of the flight operation. 

## FCC INFORMATION The UAS being deployed here is a DJI Phantom 3. The control link operates on the 2-4 GHz ISM radio frequency
. Its published range is 1000 meters (3280 feet)
. The receiver sensitivity is -97dBm.

## PIC QUALIFICATIONS The PIC for HenryS. Estes Photography will hold no less than a Sport Pilot Certificate and/or UAS Operator Certificate (Docket No. : FAA 2015-0150; Notice No
. 15-01)
. The petitioner has owned the UAS described above since 2012 and has over 100 hours in thistype of UAS as a hobbyist. The petitioner envisions being the PIC in all operations that will be performed underthe requested rule exemptions and the subsequent COA request
. Howeve r, if another PIC is used for these operations, petitioner agrees that any PIC of the UAS in the envisioned operations will hold at least a FAA Private pilots certificate, hold at least a 3rd class medical certificate, or UAS Operator Certificate and have no less than 25 hours of PIC time in the UAS being deployed before beginning any type of commercial for hire operations and conform to all safety protocols. 

## DESCRIPTION OF INTENDED COMMERCIAL OPERATIONS Petitioner intends to solicit work for aerial photography, real estate or construction inspections from rea l estate agents and brokers, insurance companies 

### & related vendors, banks and private property owners to provide photography and videography of residential, commercial and rural real estate, land or crop surveys, or general aerial photography/videography
. This work will always be conducted with the permission of the property owner or their respective agent. Flight operations will be restricted to flights directly over the property that has granted permission. Given the type of work being targeted here, the Petitioner does not foresee any instance where the UAS would be flown over any crowds or assemblages of people in an open air environment. Safety will always be the primary concern regarding any flight at any time
. 

## UAS OPERATING PARAMETERS The UAS being deployed in these exemption request can fly at a speed of approximately 25 knots. However, given the intended use describe here, this speed will never be necessary. Much slower speeds are preferred to collect the photographic material needed. Although the UAS being deployed has an approximate control link distance of3/4 mile, this is much more than VLOS will allow. Petitioner agrees never to fly UAS outside ofVLOS
. Petitioner will on ly fly UAS during the day in VMC conditions. Given the petitioner agrees to never fly higher than 300 feet AGL, distance from clouds should not be a factor ifflown in VMC conditions. Petitioner agrees to use a Visual Observer (VO) during all operations. The VO will be used to help assure VLOS at all times
. The UAS will not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA published aeronautical chart
. The UAS being deployed with these exemption requests has the capabi lity of using GPS signals to return to its initial point of take off if connection with the radio control link is lost. The petitioner agrees to yield right of way to all manned aviation activities at all times.

## EXEMPTION REQUESTS The following are a list of Title 14 CF As which the petitioner seeks exemption
. Please note that the Petitioner has used Exemption No. 11138 to Douglas Trudeau (Regulatory Docket No. FAA-2014-0481) as a reference. Given that the petitioner and Mr
. Trudeau intend to use the exemptions in similar manners and both use similar equipment, it seemed prudent not to burden the reviewer in this matter with exemption requests that have been previously deemed that relieve was not necessary. These rules are Part 21, 45
.23(b). 91.9(b)(2), 91.103(b), 91.109 and 91
.203(a) 

### & (b). If the reviewer believes that these rules need to be addressed in this request, the petitioner will make a supplemental request including these additional rule exemptions
. RULE 61.113 PRIVATE PILOT PREVELEGES AND LIMITATIONS As to private pilot limitations concerning operations for hire or compensation , it seems that Exemption No. 11062 to Astraeus has allowed this exemption previously and was noted in the Trudeau Exemption No. 11138. As to airmanship skills, the Petitioner has been operating his UAS since 2013 and has over 100 hours of flight time. Petitioner currently fly's this UAS several hours a month as a hobby and is very proficient and has the skills to maintain altitude, maintain VLOS, navigate, avoid obstacles, avoid air traffic and respond to loss of control link
. RULE 91 .7(a) CIVIL AIRCRAFT AIRWORTHINESS There is no current FAA regulatory standard for determining airworthiness of UAS and there is no certificate currently available for UAS airworthiness. Petitioner seeks an exemption from this rule by ensuring that the UAS is in an airworthy condition based on compliance with the operating documents prior to every flight. Flight manuals and other important documents will be kept in a location readily accessible to the PIC at all times. RULE 91.119(c) MINIMUM SAFE ALTITUDES 91.119 prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. Petitioner seeks an exemption from this rule as Petitioner will only operate the UAS in a range from ground level up to but not exceeding 400 feet (AGL) and will only operate in safe areas away from the public thus providing a level of safety not available to manned aircraft. The petitioner asserts that given the size, weight, maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved that from conventional manned helicopters
. Petitioner will avoid actively populated areas. Petitioner intends to operate the UAS over real estate for inspection purposes . Petitioner will not operate over any assemblage of people in an open air environment. Per the exemption granted in No. 11138 concerning 91.119(c) , Petitioner agrees to act in strict accordance to that exemption. However, Petitioner seeks an exemption from the rule stipulating that a UAS cannot be operated within 500 feet of a structure without permission ofthe owner. Given the intended use Petitioner will use these exemptions for, which is for photography and videography of real estate for marketing 

### & inspection purposes, agreement from the engaging property owner or theiragent is an absolute necessity. The UAS will only be flown over properties with this permission. However, given the housing density in the Atlanta, GA area, maintaining a 500 foot distance from other structures even while strictly flying over a permission granting owner's property is impossible in many instances
. The Petitioner seeks an exemption to this rule which would allow a so' stand-off from other structures as long as the UAS is operated completely over and within the property boundary lines of a permission granting property owner. Petitioner agrees to always keep privacy rights of other property owners in mind and will never engage a UAS in any type of surveillance or spying. RULE 91.121 ALTIMETER SETTINGS Petitioners' UAS has GPS derived altitude capabilities with a barometric sensor. The petitioner believes this rule in not applicable to the UAS operations intended. RULE 91.151(a) FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS Petitioner seeks relief from this rule due to the UAS being deployed is battery operated and the requirements under this rule are not applicable
. The UAV in question has First Person Vision capabilities which transmits certain telemetry to a monitor where the PIC can monitor certain aspects ofthe flight including battery level. A typical battery for a Phantom 3 UAS will last approximately 20-25 minutes before total exhaustion
. Certain battery level warnings are set where the PIC will know when the battery state is at 30% and 15% remaining charge levels. This will normally allow a flight of 12- 15 minutes with sufficient battery charge to make a safe landing
. Petitioner will never begin a flight unless a fully charged battery is used
. RULE 91.405(a) MAINTENANCE REQUIRED, 91.407(a) OPERATION AFTER MAINTENANCE, PREVENTITIVE MAINTENANCE, REBUILDING OR ALTERATION; 91.409(a) (2) INSP ECTIONS; 91.417(a) (b) MAINTENANCE RECORDS Petitioner seeks relief from these rules due to it being an alternate inspection requirement of 91.409{a) (2). The Petitioner will inspect and ensure UAS is in a condition for safe flight and adhere to all operating documents. 

## SUPPLEMENTAL INFORMATION The Petitioner has provided the following information to support these requests for rule exemptions : 1) DJI Phantom 3 User Manual 2) DJI Phantom 3 Quick Start Guide 3) DJI Phantom 3 Safety Guidelines and Disclaimer 4) DJI Smart Flight Battery Safety Guidelines

## CLOSING The Petitioner believes that exemption from the above lis ted Title 14 CFRs is warranted given the nature of the type of UAS flights that will be undertaken, the size 

### & weight ofthe UAS being deployed, the safety precautions to the general public and the NAS the Petitioner intends to adhere to, the positive environmental impact the flight operations would have compared to manned fuel consuming missions and the economic benefit the Petitioner's business would have in this new area of aviation. Thank you for your review of thi s matter
. Please feel free to contact me at any time with any ques tions regarding this matter
. ully Submitted, 

# JJ/¢
Henry Scott Estes