# Rupprecht Law P. A.

28 11 Grande Parkway, Suite 113 | Palm Beach Gardens, FL 33410 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

February 2 4 , 2016 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Petition for Exemption under Part 11 of the Federal Aviation Regulations and Section 333 of the FAA Modernization and Reform Act from 14 C.F.R. 61.23(a) & (c); 61.101(e)(4) & (5); 61.113(a); 61.315(a); 91.7(a), 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)( 1); 91.409(a)(1) & (2); and 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear Sir or Madam:
Suntell, LLC petitions for an exemption from the listed Federal Aviation Regulations (“ FAR ’ s ”)
to conduct drone operations. The authority for the FAA to grant this petition is from 14 C.F.R. Part 11 and
Section 333 of the FAA Moderniz ation and Reform Act of 2012.

T ABLE OF C ONTENTS I. QUICK REFERENCE SUMMARY

................................ ................................ ................................ ....... 2
II. PETITIONER ’ S CONTACT INFO:

................................ ................................ ................................ ...... 4
III. THE REGULATIONS WH ICH THE PETITIONER IS REQUESTING EXEMPTION FROM

........ 4
IV. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING

................................ .......................... 5
V. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS AND WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY

................... 11
A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

................................ ................................ ............ 11
B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations; and 14 C.F.R. § 61.315(a): Sport Pi lot Limitations.

........ 11
C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

................................ ................................ ......... 12
D. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

................................ ................................ .......... 13
E. 14 C.F.R. § 91.121: Altimeter Settings.

................................ ................................ ......................... 13Page 2 of 17

F. 14 C.F.R . § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

................................ .... 14
G. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections

................................ ................................ ................................ ................................ ............. 14
VI. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

...... 15
VII. FEDERAL REGISTER SUMMARY

................................ ................................ ................................ 15
VIII. OPERATING DOCUMENTS

................................ ................................ ................................ .......... 16
IX. STATUTORY AUTHORITY TO GRANT THIS PETITION

................................ ............................ 16
X. CONCLUSION

................................ ................................ ................................ ................................ .... 17

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown:

o 3DR Solo (Previously granted in Exemption No. 11490A)

o DJI Phantom 3(Professional and Advanced). The Phantom 3 was previously granted in Exemption No. 11845.

o DJI Inspire 1 (Previously granted in Exemption No. 11607)

o My Twin Dream

o Autel X

- Star Premium

o FPVDrones 850 Quad/X8

o FPV Drones 650 Quad/X8

 The operations will be for :

o A erial data collection , 1 and

o C losed

- set tv/movie filming.

 The aircraft will operated under:

o The 3DR Solo under the:

1 “ Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. ” Exemption No. 11482Page 3 of 17  User Manual http://3drobotics.com/wp

content/uploads/2015/07/v4_07_0 7_15.pdf

o The DJI Phantom 3 under the:

 Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Gu idelines_en.zip

 Phantom 3 Safety Guidelines and Disclaimer http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.zip

 Professional

 Phantom 3 Professional Quick Start Guide (EN) v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quic k_Start_Guide_en.zip

 Phantom 3 Professional User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User _Manual_v1.2_en.zip

 Phantom 3 Professional In the Box http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_In_t he_Box_en.zip

 Advanced

 Phantom 3 Advanced Quick Start Guide (EN) v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_Quick _Start_Guide_en.zip

 Phantom 3 A dvanced User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_ Manual_v1.2_en.zip

 Phant om 3 Advanced In the Box http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_In_the _Box_en.zip

o The DJI Inspire under t he:

 Inspire Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdfPage 4 of 17

 A ircraft Specifications:

o My Twin Dream , http://www.readymaderc.com/store/index.php?main_page=product_info&products_id=43
20

o Autel X

- Star Premium http://www.autelrobotics.com/x

- star

- premium

o FPVDrones 850 Quad/X8

- 850mm with 4 or 8 33KV motors. 18 inch props. Weight with battery 8

- 12lbs. Payload up to 15 lbs.

o FPV Drones 650 Quad/X8

- 650mm with 350KV. 15 inch props. Weight with battery 5

- 8 lbs. Payload 7 lbs.

 T he MPTOM will be sent in confidentially.

 The Petitioner is proposing to operate under the restrictions s imilarly l isted in Exemption # 13567, listed in a section below, which will provide an equivalent level of safet y as the burdensome regulations.

II. P ETITIONER ’ S CONTACT INFO: Suntell, LLC 1712 Pioneer Ave Ste 1523 Cheyenne, WY 82001 USA
Mailing Addr ess: 4466 H ope Plantation Drive , Johns Island , S C 29455
Legal Counsel for Petitioner Rupprecht Law, P.A. 2811 Grande Parkway, Suite 113, Palm Beach Gardens, Florida 33410 jon@jrupprechtlaw.com

III

. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM

 14 C.F.R. § 61.23(a) & (c)

 14 C.F.R. § 61.101(e)(4) & (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)Page 5 of 17

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

IV

. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING The Petitioner proposes these restrictions and believes that these limit ations provide an equivalent level of safety, if not greater, as the FAR ’ s presently imposed upon the Petitioner. Each of the regulations above will be talked about in greater detail in another section in this petition.

These limitations and conditions are equal to Exemption # 13567 except for the difference in
aircraft and closed set approval. The list of limitations and conditions include the following:

1. Operations authorized by this gr ant of exemption are limited to the 3DR Solo , DJI Phantom 3(Professiona l and Advanced), DJI Inspire 1

, My Twin Dream , Autel X

- Star Premium , FPVDrones 850 Quad/X8 , and FPVDrones 6 50 Quad/X8 series aircraft when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.
2. Operations for the purpose of closed

- set motion picture and television filming are permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds gr eater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC ’ s FAA

- issued airman medical certificate or U.S. driver ’ s license.Page 6 of 17

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must en sure that the VO can perform
the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter
referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists
between the conditions and limitations in this exemption and the procedures outli ned in the operating documents, the conditions and limitations herein take precedence and must be
followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents . It is the operator ’ s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for exte nsion or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA ’ s UA S Integration Office (AFS −80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people.
The funct ional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.Page 7 of 17

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer ’ s ma intenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must hold ei ther an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical
certificate or a valid U.S. driver ’ s license issued by a state, the District of Columbia, Puerto Rico, a territory

, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and struc tures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator ’ s PICs and VOs (training, proficiency, and experience

building) and determining the PIC ’ s abi lity to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During trai ning, proficiency, and experience

- building flights, all persons not essentialPage 8 of 17

for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
15. UAS opera tions may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautica l miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart,
unless a letter of agreement with that airport ’ s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management
must be made available to the Administrator or any law enforcement official upon re quest.
17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.
19. If the UAS loses communications or loses its GPS signal, the UA must return to a pre
determined location within the private or controlled

- access property.
20. Th e PIC must abort the flight in the event of unpredicted obstacles or emergencies.
21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended ope ration and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations
shall be conducted in accordance wi th an ATO

- issued COA. The exemption holder may applyPage 9 of 17

for a new or amended COA if it intends to conduct operations that cannot be conducted under
the terms of the attached COA.
23. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
24. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law e nforcement official upon request.
25. The UA must remain clear and give way to all manned aviation operations and activities at all
times.
26. The UAS may not be operated by the PIC from any moving device or vehicle.
27. All Flight operations must be conducted at leas t 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure th at nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipa ting persons; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue
hazard.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.Page 10 of 17

28. All operations shall be conducted over private or controlled

- access property with permission
from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
29. Any incident, accident, or flight operation that transgresses the lateral or ve rtical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contain ed on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
30. The operator must have a motion picture and televisi on operations manual (MPTOM) as documented in this grant of exemption.
31. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must
submit a written Plan of Act ivities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates a nd times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of the person responsible for the on

- scene operation of the UAS;
d. Make, model, and serial o r N

− Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;Page 11 of 17

g. Signature of exemp tion holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.
32. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder ’ s MPTOM.

V

. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGUL ATIONS AND WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates
The reason why t he Petitioner is seeking relief from 61.23(a) & (c) is because E xemption s #
11221 , # 13567 , and many others have determined that a U.S. driver ’ s license being used in lieu of a medical certificate provides an equivalent level of safety as sub

- section s (a ) and (c).
Therefore, since the proposed restrictions have already been determined by the FAA to provide an equivalent level of safety, the Petitioner is seeking the same exact restrictions as other previously granted exemptions to allow for commercial operations using at a mi nimum either a third class medical
or a driver ’ s license with an airman certificate

.
B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitation s; 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations; and 14 C.F.R. § 61.315( a): Sport Pilot Limitations

. The reason for this petition is that t he regulations applying to these three pilot certificates all
limit the commercial activities of the pilots; thus, commercial activities would be almost completely prohibit ed leaving the only alternative to be the pilots obtaining an extremely burdensome alternative
of a commercial pilot certificate.
Regarding private pilots, sub

- section 61.113(a) limits private pilots to non

- commercial operations; “[ h]owever, in Grant of Ex emption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating . . . [a] UAS would not adversely affectPage 12 of 17

operations in the NAS or present a hazard to persons or property on the ground ” 2 by co nductin g commercial operations. “[ M]anned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for ” 3 commercial drone operations. Additionally, in Exemption # 11221, # 13567 , and many others the FAA has declared that requiring the PIC to “ hold either an airline transport, commercial, private, recreational, or sport pilot certificate ” 4 provides an equivalent level of safety as the regulations

. Since the FAA has determined numerous times that a minimum of a sport pilot certificate be required for commercial UA operations, Suntell, LLC is asking for the PIC to be required to have at a minimum a sport pilot certificate when c onducting commercial operations. This requirement also alleviates any security concerns as the TSA would have already done a background check on the individual possessing the pilot certificate.

C. 14 C.F.R . § 91.7(a ): Civil Aircraft Airworthiness.

The reason the P etitioner is request ing relief from this regulation is because the FAA does not
need to issue an airworthiness certificate for this unmanned aircraft and the requirements contained in
the above referenced manual s will be sufficient for determining th e airworthiness of the aircraft.

T he restrictions already agreed to will require the PIC to conduct a pre

- flight ch eck to determine airworthiness and the operator to be “ responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. ” 5 The referenced manual s along with the restrictions obligating the PIC and operator to check and ensure the UA will provide “ sufficient means for determining an airworthy condition in accordance with § 91.7(a). ” 6 Therefore, the Petitioner seeks
relief to o perate under the proposed restrictions and the manual s

.

2 Clayco Exemption No. 11109 at 12.
3 Id.
4 Habana Avenue, LLC dba Fly Habana No. 11284 at 4.
5 Id.
6 Clayco Exemption No. 11109 at 13.Page 13 of 17

D. 14 C.F.R. § 91.119 (c) : Minimum Safe Altitudes

. Section 91.119, sub

- s ection (c) requires the P etitioner to operate at “ [a] n altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. ” 7 This regulation is burdensome because it would require the Petitioner to opera te at 500ft above the ground f or many operations . This i s a burdensome problem because the petitioner needs to obtain data at an elevation
below 500ft.

The Petitioner proposes to operate within the restrictions given in the Clayco Exemption which
the FAA has previously determined will provid e an equivalent level of safety

. “ [A] ll persons not essential to flight operations (nonparticipating persons) must remain at appropriate distances. In open areas this requires the UA to remain 500 feet from all persons other than essential flight personnel (i.e. the PIC and VO). . . . If barriers or structures are present that can sufficiently protect nonparticipating persons from debris in the event of an accident then the UA may operate closer than 500 feet to pe rsons afforded such protection. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such pro tection and are within
500 feet of the UA, flight operations must cease immediately. . . . [O] perations may be condu cted

c loser than 500 feet to vessels, vehicles and structures when the land owner/controller gra nts such permission and the PIC makes a safety assessment of the risk of operating closer to those objects. ” 8

E. 14 C.F.R. § 91.121: Altimeter Settings

. This regulation requires each person operating an aircraft to maintain cruising altitude by refere nce to an altimeter that is set “ to the elevation of the departure airport or an appropriate altimeter sett ing available before departure. ” 9 Many UA do not have an altimeter but use GPS to determine height. Furthermore, the cost of installing an altimeter will be financially burdensome.

7 14 C.F.R. § 91.119(c).
8 Clayco Exemption No. 11109 , at page 15.
9 14 C.F.R. § 91.121.Page 14 of 17

An equivalent level of safety can be achieved by the operator, pursuant to following the manual s and restrictions and using a GPS instead of an altimeter. Furthermore, the Clayco petition and many other petitions have been granted allowing GPS to be used in lieu of an altimeter.

F. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

. Section 91.151 (a) pro hibit s an individual from beginning “ a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly afte r that for at least 45 minutes. ” 10 Most unmanned aircraft cannot fly longer than 30 minutes ; therefore, most would always be violating this regulation if they took
off.

The Petitioner believes that an equivalent level of safety can be achieved by restricting operations

to “ the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. ” 11

G. 14 C.F

.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections
These regulations require that an aircraft operator or owner “ shall have that aircraft inspected as prescribed in subpart E of this part and shall between requ ired inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescr ibed in part 43 of this chapter ” 12 and maintain the aircraft in compliance with Part 43. These regulations do not apply because the FAA has authority under
Section 333 to determine the drones listed do no need an airworthiness certificate. Since there is no airworthiness certificate to maintain, Part 43 does not apply. An equivalent level of safety to Part 43 will be achieved because these small UAS ’ s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the Petitioner is the best suited to maintain the aircraft in an airworthy condition to provide

10 14 C.F.R. § 91.151(a).
11 Exemption No. 11284, at page 5.
12 14 C.F.R. § 91.405(a).Page 15 of 17

the equivalent level of safe ty as Part 43. Lastly, the P etitioner will operate in accordance with the manual s which will provide an equivalent level of safety as the burdensome regulations.

V I

. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

If the P etitioner does not have the option of using the Petitioner ’ s UA, the only other way to obtain
the data the Petitioner seeks is by usi ng manned aircraft which pose a danger to the pilot as well as individuals on the ground. There are no pilots on board the UA and due to the small size of the UA, there is less risk pos ed to the public on the ground in case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine; thus, there is some motor redundancy for some
UA in case of a motor malfunction.
M anned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the

public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution. In addition to the noise pollution reduction , engine or turbine powered aircraft produce exhaust
which affects the environment while the UA of the P etitioner are electric and do not produce any emission. The byproduct of 100LL emissions is lead entering the air the public breaths while electric motors produce

none. The environment and the public are benefited by the use of UA. UA use batteries for pow er which are not as flammable and explosive as 100LL or Jet A. If there was an emergency where the UA crashed, there is less of a chance for individuals being injured from an explosion or fire. UA also use smaller propellers than manned helicopters which w ill cause far less damage
in the case of a crash than the “ grenad ing ” that typically happens during a manned helicopter crash. Lastly, the UA will be operated at lower altitudes than most manned aircraft. This vertical separation greatly reduces the chance of a mid

- air collis ion.

V II

. FEDERAL REGISTER SUMMARY As required by 14 C.F.R. Part 11, below is provided a summary of the petition to be published in the Federal Register should it be determined that pu blishing is needed.

The Petitioner is seek ing an exemption from the following rules:Page 16 of 17

14 C.F.R. 61.23(a) & (c); 61.101(e)(4) & (5); 61.113(a); 61.315(a); 91.7(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); and 91.417(a) & (b) to operate an unmanned aircraft, weighing 55 pounds or less, commercially for aerial data collection and closed

set TV/movie filming operations using the 3DR Solo, DJI Phantom 3(Professional and Advanced), DJI Inspire 1, My Twin Dream, Autel X

- Sta r Premium, FPVDrones 850 Quad/X8, and FPVD rones 650 Quad/X8series

. This exemption is needed because the listed regulations are extremely burdensome to operate under while conducting commercial operations

. The commercial operations of the unmanned aircraft (“ UA ”) will provide a far safer alternative than using a jet or piston power ed aircraft because small batteries will be used instead of large amounts of highly flammable fuel, the UA can be transported to the operation location via ground vehicle as opposed to ferryin g in the air, the UA will be operate d at altitudes far below manned aircraft, and the UA will use clean electricity for power as opposed to 100LL which has the by

- product of small amounts of lead being released into the atmosphere for the public to breath. The proposed restrictions conta ined in the petition and manual s will provide an equivalent level of safety as the regulations.
VIII

. OPERATING DOCUMENTS
Suntell, LLC will operate only within the limitations above and any limitations listed in the
manual s

. Th e limitations above , from the previously granted exemption , will be followed if there is a
conflict with the manual s

.
I X

. STATUTORY AUTHORITY TO GRANT THIS PETITION

The Federal Aviation Act gives the FAA the authority to grant exemptions. “ The Administrator may grant an exemption from a requirement of a r egulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public
interest. ” 13 Furthermore, Section 333 of the FAA Modernization and Reform Act of 2012 gives the Secretary of Transportation the ability to consider whether the unmanned aircraft can operate in the national airspace until final regulations are published. Lastly, Congress directed the Secretary for the Department of Transportation to “ establish req uirements for the safe operation of such aircraft in the national airspace system. ” 14 The FAA has already established requirements for summary grants which we are adopting.

13 49 U.S.C. § 44701(f); accord 49 U.S.C. § 44711(b).
14 FAA Modernization and Reform Act of 2012, Pub. L. No. 112

- 95, § 333(c), 126 Stat. 11 (2012).Page 17 of 17

X

. CONCLUSION The operation of Suntell, LLC using a small UAS , weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety as the burdensome regulations; therefore, this petition should be granted without delay. If I can be of any assistance, please do not hesitate to contact me at (561)222

- 6979 or at my email jon@jru pprechtlaw.com
Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.