March 15, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey

Ave., SE Washington, DC 20590 RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 CFR Part II , The Christensen Fund is submitting this Petition and seeks Exemption from the Federal Aviation Regulations as detailed below. **Applicant Information:** The name of the applicant: **The Christensen Fund** The primary contact for this application is: **Dan Porras The Christensen Fund**  **487 Bryant Street, 2 nd**  **Floor San Francisco, CA 94107**  **Email**
**– dan@christensenfund.org**  **Phone**
**– 415**  **- 722**  **- 0602**  The Christensen Fund is a 501 (c)(3) private non-profit foundation based in San Francisco, California. Dan Porras is the Communications Officer of The Christensen Fund
. Pursuant to Section 333 of the FMRA, The Christensen Fund hereby requests a determination by the Secretary

of Transportation authorizing commercial operations of UAS for the purposes of aerial photography & videography, data collection, and non- commercial videos and other work related to aerial photography in the NAS , and overseas where permission is granted
. The Christensen Fund do es not intend to use a UASfor closed
-set filming. Flight operations will utilize the off the shelf DJI families of unmanned aircraf t. Conduct of UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”.March 21, 2016

Page 2 of 10 Exemption is necessary

to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing The Christensen Fund to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional commercial helicopter operations. These commercial operations often occur in the unsafe areas of the height
-velocity diagram requiring special precision and skill. The Christensen Fund will conduct the commercial UAS operation in a manner that will meet, and in many cases exceed, the current level of safety of commercial helicopter operations. UA that are under 10 lbs., have a low noise signature, and carry no volatile fuel, will limit collateral damage in the event of catastrophic failure. 

### Table of Contents I. Exemptions Requested II. Commercial Operation/Operator III. Unmanned Aircraft System (UAS ) IV . UAS Pilot
- in
- Command (PIC) V. Public Interest VI . Summary **I. Exemptions Requested** Pursuant to 14 C.F.R. § 11.81(e), The Christensen Fund requests exemption from the following regulations:

 **14 C.F.R. Part 21 Subpart H**
**– Airworthiness Certificates**  o **Establishes:** The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1) Given the small size of the UA and the safeguards that will be taken as outlined below, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.”

 **14 C.F.R. § 45.23 (b)** 
**– Aircraft Marking and Identification Requirements**  o When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light
- sport category aircraft or experimental or provisionally c ertificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in lettersMarch 21, 2016

Page 3 of 10
not less than 2 inches nor more than 6 inches high, the words "l imited,"

"restricted," "light
- sport, "experimental," or "provisional ," as applicable. The Christensen Fund will ensure compliance with § 45.29(f) to meet the intent of the regulation by

displaying the registration number in the largest practicable lettering.

 **14 C.F.R.**  **61.113 (a)(b)**  **and 61.133(a)(1)(ii)**  **and 61.101** 
**– Rec** **reational, Private**  **and Commercial Pilot Privilege and Limitations**  o **14 C.F.R.**  **§ 61.113:**  (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is c arrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employ ment o **14 C.F.R.**  **§ 61.133**  : (a) Privileges

– (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation. o **14 C.F.R.**  **§ 61.101**  : (a) A person who holds a recreational pilot certificate may not act as pilot in command of an aircraft:  For compensation or hire;  In furtherance of a business; UA operations will employ a P IC who holds, at a minimum, a recreational or sport pilot certificate of any category or class and a valid driver’s license.

 **14 C.F.R. 91.7(a)**
**– Civil Aircraft Airworthiness**  o No person may

operate a civil aircraft unless it is in an airworthy condition. The PIC will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately u pon identification of an in
- flight emergency

or other unsafe condition. By c omplying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

 **14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements**  o (b)(2) prohibits operation of U.S.
-registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. By keeping all operating documents, manuals, authorizations and exemptions in a binder co - located with the GCS, The Christensen Fund meets the intent of the regulations and therefore achieve s an equivalent level of safety.March 21, 2016

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 **14 C.F.R. 91.109(a)**
**– Fl** **ight Instruction** o No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The majority

o f sUAS by design are developed with single operational control through the use o f pre - determined GPS enabled way points programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency
. An equal level of safety will be achieved by c onducting all training in sterile environments . Training sessions will be accomplished separately from flights conducted for compensation or hire.  **14 C.F.R. 91.119 (c)**
**– Minimum Safe Altitudes**  o Except when necessary f or takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any c ongested area of a city, town, or settlement, or over any open air assembly o f persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely p opulated areas. In those cases, the aircraft may not be operated closer than 500 feet to any p erson, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight
- shift
- control aircraft. If the operation is conducted without hazard to pers ons or property on the surface

— (1) A helicopter may

b e operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA. Commercial UAS operations will be conducted at or below the maximum altitude authorized by

C OA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.

 **14 C.F.R. 91.121**
**– Altimeter Settings**  o Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may b e, by reference to an altimeter that is set, when operating... SUAS are equipped with Global Positioning System (GPS), which provide altitude and geo - location data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail
- safes and a visual observer the operation will meet an equivalent level of safety.
 **14 C.F.R. 91.151(a)**
**– Fuel Requirements for Flight in VFR Conditions**  o No person may

b egin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly toMarch 21, 2016

Page 5 of 10 the first point of intended landing and, assuming normal cruising speed

— (1) During the day, to fly after that for at least 30 minutes; This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority o f sUAS which have flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate. The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the 3D Robotics and DJI low battery failsafe s ystems .
 **14 C.F.R.**  **91.215(b)**
**– ATC**  **Transponder and**  **Altitude Reporting**  **Equipment and**  **Use.** o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C
- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically

replies to Mode C interrogations by transmitting pressure altitude information in 100
- foot increments. This requirement applies

— (1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL ; (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine
- driven electrical system or which has not subsequently

b een certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted

— (i) Outside any Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; andMarch 21, 2016

Page 6 of 10 (4) All aircraft in all airspace above the ceiling and within the lateral boundaries

of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL ; and (5) All aircraft except any aircraft which was not originally certificated with an engine
- driven electrical system or which has not subsequently b een certified with such a s ystem installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and (ii) Inthe airspace from the surface to 10,000 feet MSLwithin a 10
-nautical
-mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport. The sUAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists for the sUAS, which can be installed. The petitioner requests relief from the exemption to the extent required to operate in areas in which a transponder is required according the applicable regulations in this part. The PIC will achieve an equivalent level of safety by complying with all provisions of the COA under which operations are to be conducted. By i ssuing appropriate NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a transponder is required but not operable. Inorder to give proper notice to the ATO, the PIC will comply with the provisions of 91.215(d)(3). The sUA S flown under this exemption will comply with all altitude limits and airport standoff distances required by C OA, which mitigate hazards to aircraft controlled by the ATO in congested airspace.

 **14 C.F.R.**  **91.405(a), 91.407(a)(1),**  **91.409(a)(2) and**  **91.417(a) &**  **(b)**
**– Maintenance**  **Inspections** o **91.405(a) States**  : Each owner or operator of an aircraft

—(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter o **91.407(a)(1) States**  : (a) No person may operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

—(1) It has been approved for return to service by a p erson authorized under § 43.7 of this chapter o **91.409(a)(2) States:**  (a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, itMarch 21, 2016

Page 7 of 10 has had

—(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may b e substituted for any inspection required by this paragraph unless it is performed by a p erson authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records. o **91.417(a) &**  **(b) States:**  (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3) The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PIC will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety. **II. Commercia l Operator/Operation**  Any UA flown under this exemption will be controlled by an experienced PIC. For each flight, The Christensen Fund
. :  Will contact the controlling air traffic organization to issue a NOTAM.  Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property

or authorized access areas.  Will conduct preflight planning in accordance with Section 91.103 Preflight Action.  Will operate in those areas only with the consent of the landowner or designated representative.  Will identify

potential obstructions or other hazards to safe operation.  Will clear the area of personnel or bystanders that are non- essential to the operation, maintaining at a minimum, 500 feet away from non
-participating persons.  Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons.  Will at all times yield to manned air traffic.  Will operate within VLOS of both PIC **and** VO during daylight hours only.  Will maintain voice communications with VO and participating persons.  Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted.  Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS.March 21, 2016

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 Will keep operating documents, manuals, authorizations and exemptions in a binder co located with the GCS.  Will immediately

terminate flight, in the safest manner possible, when safety to persons or property become compromised.  Will terminate f

light, in the safest manner possible, when unable to comply with these limitations or any

other limitations granted as part of this exemption. Inorder to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By f ollowing these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought. **III. Unmanned Aircraft System** The Christensen Fund seeks exemption to operate DJI UAS. Other UAS ty pes may berequested in future amendments. The DJI Inspire 1 Pro and the DJIPhantom series are the primary aircraft in our operation for which we seek exemption
. The UA will be flown via a combination of RC control and tablet GCS. UA ty p es are GPS equipped, multirotor helicopters. Quad
- copter ty pe rotorcraft utilizing four motors. Lithium
-poly mer batteries power the UA. The UA also has several fail
- safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Op eration Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will automatically engage the landing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR c onditions. Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.2 3 Marking of the aircraft. The UA will display

the registration number in the largest practicable lettering. The Christensen Fund seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously

outlined to determine the integrity and safety

o f the UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals at the GCS. **IV. UAS Pilot in Command (PIC)** Under part § 61, recreational, sport and private pilots are limited to non- commercial operations, however The Christensen Fund can ensure UA operations will achieve an equivalent level of safety as current regulation because UA do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different
. TheMarch 21, 2016

Page 9 of 10 inherent risks of operating a UAS are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations. **V. Public Interest** Given the above stated evidence, procedures, and precautions operating UAS commercially f or the purposes of aerial photography & videography, data collection, commercial videos and other work related to aerial photography will ultimately b e in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community and hence the public. UA operations are associ ated with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations. **VI. Summary** Pursuant to Section 333 of PL112
- 95 commonly known as the “FAA Modernization and Ref orm Act of 2012”, The Christensen Fund hereby applies for authorization to conduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography & videography, data collection, commercial videos and other work related to aerial photography listings Rules for which exemption is sought:

 14 C.F.R. Part 21 Subpart H  14 C.F.R. § 45.23(b)  14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)  14 C.F.R. § 91.7(a)  14 C.F.R. 91.9(b)  14 C.F.R. § 91.103  14 C.F.R. § 91.109(a)  14 C.F.R. § 91.119  1 4 C.F.R. § 91.121  14 C.F.R. § 91.151(a)  14 C.F.R. § 91.215(b)  14 C.F.R. § 91.405(a)  14 C.F.R. § 91.407(a)(1)  14 C.F.R. § 91.409(a)(2)  14 C.F.R. § 91.417(a) & (b)March 21, 2016

Page 10 of 10 Thanks you for your prompt attention and consideration. Our foundation is committed to safe UAS operations. Please do not hesitate to contact me directly with any questions or concerns at 415
- 722
- 0602. Very truly yours, The Christensen Fund
Dan Porras The Christensen Fund 487 Bryant Street, 2 nd Floor San Francisco, CA 94107 ES/c am Enclosures