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July 17, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: **Hire a Professional Drone, LLC**

**- Petition for Exemption to Operate Unmanned Aircraft**  **Systems Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations** 

Dear Sir or Madam: Pursuant to Section 333 of the FAA Moderniz ation and Reform Act of 2012, Pub. L. No. 112

- 95 (2012) (“Section 333”) and the general exemption authority of the Federal Aviation Administration (“FAA”) under 49 U.S.C. § 44701(f), Hire a Professional Drone, LLC (“Petitioner”) hereby petitions for exemptions from Federal Aviation Regulations (“FARs”) 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

Petitioner: Hire a Professional Drone, LLC Harold Seales, Owner 13014 N. Dale Mabry Hwy. Suite #609 Tampa, Florida 33618 Phone: (813) 477

- 1477`

**Petition Summary**

Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should it be determined publication is needed: Petitioner requests an exemption that would allow the commercial operation of small, unmanned aircraft sy stems (“UAS”) weighing 55 pounds or less equipped for the purpose of creating real estate;
ya cht; resort; event marketing photo and video media; security ; aerial inspections; education and training ; 

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- set motion picture and television filming ; perfo rming search and rescue operations in conjunction with law enforcement personnel. The requested exemption should be granted because operation of the proposed small UAS pursuant to the strict conditions outlined below will provide an equivalent level of saf

ety as Congress intended. Petitioner will operate the following UAS: DJI Phantom 2 and 3, 3D Robotics Solo, DJI S1000. Petitioner’s lightweight UAS are far safer than conventional flight operations containing flight crew and passengers. Petitioner’s UAS are small and will operate at slow speeds, close to the ground, far from airports in low

- risk, low

- population environments. They

will operate only

in line of sight within a restricted environment. In addition, the PIC’s substantial experience favors granting of the exemption. Petitioner’s UAS will carry no passengers, have enhanced safety measures, and operate under the specific guidelines and specifications outlined herein. Accordingly, Petitioner respectfully requests that the FAA grant the requested exempt ion without delay. The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409( a)(2), and 91.417(a) and (b).

The requested exemption should be granted because operation of the proposed small UAS pursuant to the strict conditions outlined below will provide an equivalent level of safety as Congress intended. Petitioner will operate the following UAS: DJI Phantom 3, 3D Robotics Solo, DJI S1000. Petitioner’s lightweight UAS are far safer than conventional flight operations containing flight crew and passengers. Petitioner’s UAS are small and will operate at slow speeds, close to the ground, far from airports in low

- risk, low

- population environments. They will operate only in line of sight within a restricted environment. In addition, the PIC’s substantial experience favors granting of the exemption. Petitioner’s UAS will carry no passen gers, have enhanced safety measures, and operate under the specific guidelines and specifications outlined herein. Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without delay. The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

**Petitioner’s UAS**

The requested exemption will permit the operation of the DJI Phantom 2 and 3, the 3D Robotics Solo, and the DJI S 1000. The FAA has recently granted Section 333 exemptions for several DJI UAS, including the DJI Phantom 2 and 3

.`

Petitioner’s UAS will be ide ntified 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 will be as large as practicable in accordance with § 45.29(f).

**Flight Conditions an d Operations** 

The UAS will be flown in airspace under 400 feet above ground level and under controlled conditions. At least 85% of Petitioner’s UAS operations will occur below 150 feet above ground level. If Petitioner intends to operate within five (5) m iles of any active landing strip or airport, Petitioner will follow proper FAA procedure, notifying the FAA in advance of operation and when operation is complete. Petitioner’s pilot in command (“PIC”) holds a private pilot’s license, commercial pilot’s li cense, and a FAA medical certification. The PIC will always make a safety assessment of the risk of every operation and will only operate UAS when the PIC determines no undue hazards exist. The PIC will operate all UAS with instruments of first

- person

- view of the UAS and maintain constant GPS communication and flight telemetry data. A minimum of one (1) visual observer will be required to be in line of sight of the UAS at all times to further watch for intrusions into the area from individuals and other aircraft. All visual observers have experience flying radio

controlled aircraft. The PIC and visual observer will be in constant communication through at least one (1) of the following methods: cellular phone communication (constant open call during flight);
two

- way radio communication; or verbal communication. No UAS flight will exceed line

- of

- sight distance of the PIC and visual observer at any time. All UAS will be flown on private property with the consent of the landowner. Petitioner will protect the pri vacy of all involved and non

- involved parties present during the use of the UAS. Petitioner will obtain consent and permission from any party filmed or photographed and will not film or photograph any

party that has not provided consent. The visual observe r will be on the lookout for
any trespassers so all operations can be quickly stopped if an unauthorized person come within range of the operation . For each UAS use, flights will be logged in a traditional pilot log

- book. Records from each UAS use are further documented through an electronic invoice/billing system that records the date of each UAS flight and associated payments. Petitioner will follow the procedures for start

up set forth in the manual for each UAS. Additionally, Petitioner will perform a s ite inspection before each flight to determine additional measures that may be necessary to safely operate the UAS. Petitioner will further perform a pre

- flight communications check to make sure the PIC, visual observer, and UAS can remain in contact.

**Public Interest**

One of Petitioner’s proposed uses of the UAS under this application is for search

- and

- rescue missions (“SAR”). Petitioner will contract with law enforcement personnel for UAS SAR. The UAS used in SAR operations may be equipped with additio nal UAS SAR technology including heat

scanning or infrared and night

- vision camera systems. SAR missions can be extremely costly for law enforcement with traditional fixed

- wing aircraft and helicopters. With Petitioner’s UAS, small highly maneuverable unmanned UAS will aid and support search efforts for a fraction of the cost, risk, and resources. The UAS SAR could also be used to “drop in” supplies, including a radio, GPS locator, medical supplies or water, to a stranded victim in an otherwise unreachable location before rescue crews are able to safely extract the victim. Petitioner’s use of UAS in SAR operations is a valuable asset to public safety.

**Aircraft and Equivalent Level of Safety**`

Petitioner proposes that the exemption requested herein apply to UAS that have the characteristics and that operate within the limitations outlined herein. These limitations provide for at least an equivalent or greater level of safety to operate under the current regulations. Petitioner agrees to the following limitations and conditions with conducting its commercial UAS operations under an FAA exemption: 1. All UAS will weigh no more than 55 pounds. 2. All UAS will be operated within line of sight of the PIC and visual observer. 3. The maximum total flight time fo r each UAS flight will conclude upon the earlier of thirty (30) minutes or until 25% of UAS battery remains. 4. The UAS will be operated at an altitude of no more than 400 feet above ground level. 5. The PIC will hold a p ilot’s license and a FAA medical certification. 6. The minimum crew for each UAS flight will be the PIC and one visual observer. 7. The crew for each operation will at all times be able to communicate by voice or through radio or cellular devices. 8. Written or oral permission will be obtained from the landowners or their authorized agents of the land over which all flights will occur. 9. All necessary

permissions and permits will be obtained from all appropriate local governmental agencies. 10. All UAS will have the capability to abo rt a flight in case of unexpected obstacles or emergencies. 11. All UAS will be equipped with enhanced failsafe (return

- to

- home) technology. 12. No UAS operations will present any national security issue. 13. Petitioner will obtain an Air Traffic Organization issued Certificate of Waiver or Authorization (“COA”) prior to conducting any operations under this grant of exemption. In fulfilling the requirements of the COA, Petitioner will be required to request a Noti ce to Airmen (“NOTAM”) not

more than 72 hours in advance, but not less than 48 hours prior to operation. Satisfaction of Section 333’s criteria (size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within line of sight and national security) pro vide an adequate justification for the grant of the exemptions requested herein allowing Petitioner’s commercial operation of UAS for the purpose of creating real estate; yacht; resort; event marketing photo and video media; 

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- set motion picture and t elevision filming ; security ; aerial inspections;

e ducation and training; p erforming search and rescue ope rations in conjunction with law enforcement personnel.

**Statutory Authority for Exemption**

Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expedited operational authorization for the use of safe civil UAS operations in the National Airspace System (“NAS”). Specifically , Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion” of final rulemaking. If the Secretary

of Transportation determines that certain UAS “may operate safely in the national airspace sy stem, the Secretary shall establish requirements for the safe operation of s uch aircraft in the national airspace system. § 333(c). The FAA Administrator also has the general authority to grant an exemption if the Administrator finds the exemption to be in the public interest. 49 U.S.C. § 44701(f). The Federal Aviation Act (the “A ct”) expressly grants the FAA the authority to issue exemptions for exempt civil aircraft, as defined by § 40101 of the Act, which includes an exemption for small UAS from the requirement that all civil aircraft have a current airworthiness certificate.`

**Requested Exemptions**

Petitioner respectfully requests relief from the following regulations: 14 C.F.R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certi ficates, and airworthiness approvals. The Act and Section 333 both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. It is clear that Petitioner’s UAS may be operated without an airworthiness certificate, in the restricted environment and under the conditio ns proposed in a manner as safe or safer than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. The small UAS to be operated hereunder (i) are less than 55 pounds fully loaded, (ii) carry neither pilot nor passengers

. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and in compliance with local public safety requirements. The FAA will have advance notice of all operations. Application of these criteria demonstrate there is no credible thre at to national security posed by the UAS based on its size, speed and location of operation, lack of explosive materials, and inability to carry a substantial external load. 61.113(a) and (b) prescribes that “no person who holds a private pilot certificat e may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft,” and that “a private pilot
may , for compensation or hire , act as pilot in command of an aircraft in connection with any business or employ

ment if (1) The flight is only incidental to that business connection with any business or employ ment if (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property

for compensation or hire.” 61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a provision that limits the ability to act as PIC of an aircraft for compensati on or hire to persons holding a commercial pilot certificate. Petitioner’s UAS operations will be limited to restricted conditions and a controlled environment. The PIC will hold both his private and commercial pilot’s license, giving him extensive knowledge based on his experience and the exams and courses required to obtain his pilot’s licenses. Additionally, while the UAS will be operated in connection with Petitioner’s business, no passengers or cargo will be transported. Petitioner believes these facto rs warrant relief from 61.113 (a) and (b) and 61.133(a). 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. As there will be no airworthiness certificate issued for the UAS should this exemption be grant ed, no standard will exist for determining airworthiness. Petitioner will keep all UAS maintenance and safety information at the pre

- determined ground station, where it will be readily accessible to the PIC and visual observer. Based on the documents avail able at the ground station, the PIC will be able to make a determination as to the airworthiness of the UAS. 91.9(b)(2) prohibits the operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Roto rcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Based on the FAA’s Memorandum dated August 8, 2014, Petitioner does not believe exemption from 91.9(b) or 91.203(a) and (b) is necessary. However, to the e xtent the FAA deems an exemption from these sections necessary for Petitioner’s proposed operations, such exemptions should be granted. Petitioner’s UAS are too small to safely carry the required manuals and placards. Additionally, as the UAS are unmanned, the manuals and other required information is more useful to the PIC at ground control.`

91.103(b)(1) prescribes, in pertinent part, that each PIC shall, before beginning a flight, become familiar with all available information concerning that flight. Thi s information must include

— (a) For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delay s of which the PIC has been advised by air traffic control (ATC); (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable info rmation appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Petitioner will comply with all applicable requirements of 91.103(a) and (b ) and requests relief from 91.103(b)(1). The PIC will review weather, flight and battery requirements, UAS performance data, and appropriate landing and takeoff distances before each flight. Any risks presented will be mitigated by

the PIC’s ability

to see all nearby air traffic and activate the UAS return

- to

- home procedures if necessary. 91.119(c) prescribes that, “[e]xcept when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: . . . (c) Over other than congested areas. An 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.” Due the nature of Petitioner’ s UAS activities filming and photographing, Petitioner requests relief from 91.119(c) with respect to participating persons, vehicles, and structures directly involved in Petitioner’s operations. Each UAS manual sets forth safety factors that will be used to ensure safe operation when in proximity to consenting participants. Petitioner will ensure that no UAS are operating within 500 feet of non

- participating persons. 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude inf ormation is provided to the UAS PIC through a digitally encoded telemetric data feed, which downlinks from the aircraft to an on

- screen display on the ground. Prior to each flight, a zero altitude initiation point will be established and confirmed for accu racy by the PIC. 91.151 prescribes, in pertinent part, that “(a) No person may begin 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 after that for at least 45 minutes. (b) No
person may

begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.” 91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is running low. Petitioner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to safely land when little batte ry

remains. The UAS are not propelled by fuel and will operate only within the safety

constraints of the UAS battery life. 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it “(1) an appropriate and current airworthiness certificate [. . . and] (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Applic ation as provided for in § 47.31(c).”`

91.203(b) prescribes, in pertinent part, that “no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit e ntrance so that it is legible to passengers or crew.” 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or a lteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 months, it has had an in spection for the issuance of an airworthiness certificate in accordance with Part 21 of the same chapter. 91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator “keep the following records for the periods specified in para graph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and e ach engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for e ach, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 shall be retained until the defects are repaired and the aircraft is approved for return to service.” Petitioner will comply with safety and maintenance procedures included in all UAS manufacturer’s instructions and operating manuals. If necessary, Petitioner will develop and document additional maintenance protocols to ensure the highest level of safety. Therefore, Petitioner’s exemption from 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), and 91.417(a) and (b) is warranted.`

**Conclusion**

This Petition for Exemption demonstrates the appropriate safeguards and criteria that Congress articulated in Section 333 including weight, speed, operating capabil ities, proximity to airports

, operation within VLOS and national security concerns. The proposed UAS operations will benefit the public as a whole by reducing human exposure to the risks associated with manned aircraft performing the activities. The public will also benefit f rom Petitioner’s search and rescue operations. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification to allow commercial operation of Petitioner’s small UASs for the purpose of creating real e state; yacht; resort; event marketing photo and video media; security ; aerial inspections; education and training; 

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- set motion picture and television filming ; performing search and rescue operations in conjunction with law enforcement personnel. We appreciate your prompt consideration of our requested exemptions. Should you have any questions, or if you need any additional information to support the requested exemptions, please do not hesitate to contact the undersigned.

Respectfully submitted,

Hire a Professional Drone, LLC Harold Seales, Owner 13014 N. Dale Mabry Hwy Suite # 609 Tampa, Florida 33618 Phone ( 813 ) 477

- 1477