Pronalysis

Attn: Paul Campbell

2702 Big Branch Road

Viper, KY 41774

Hon. Michael Huerta

Administrator

Federal Aviation Administration 

U. S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from certain parts of the FARs.

Dear Administrator Huerta:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14

C.F.R. Part 11, Pronalysis hereby applies for an exemption from the listed Federal Aviation Regulations

(“FARs”) to allow it to operate a small Unmanned Aircraft System (“sUAS”) under the conditions and

limitations set forth in this Petition.

The requested exemption would permit the operation of small, unmanned and relatively inexpensive

sUAS under controlled conditions in airspace that (1) is limited, (2) is predetermined, and (3) would

provide safety enhancements to First Responders on the front lines in our communities. Approval of this

exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to

“...establish requirements for the safe operation of such aircraft systems in the national airspace system.”

Section 333(c) of the Reform Act.

The name and address of the applicant is:

Pronalysis

Attn: Paul Campbell

Telephone: (606) 233-2916

Email: orteaga2k2@gmail.com

Address: 2702 Big Branch Road, Viper, KY 41774
Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b) 3

Appendix 1 describes the FARs from which an exemption is requested and summarizes the justification

for each requested exemption.

The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the Reform Act,

which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems

may operate safely in the national airspace system (NAS) before completion of the rulemaking required

under Section 332 of the Reform Act. In making this determination, the Administrator must determine

which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national

security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Administrator determines that such vehicles “may operate safely in the national airspace system,

the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace

system.” Id. § 333(c).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory

requirements for civil aircraft, a term defined under §40101 of the Act, which includes sUASs. The

Administrator may grant an exemption from a requirement of a regulation prescribed under subsection

(a) or (b) of this section or any sections 44702---44716 of the Federal Aviation Act if Administrator finds

the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704;

14 CFR §91.203 (a) (1).
The Petitioner is a startup company, Pronalysis. The founder of the company is a certified Police Officer. 

As a law enforcement official, he understands the importance of public safety. He is keenly aware of the

importance for safety in all facets of operating a sUAS in the national airspace.

The Petitioner has formulated a business plan to provide photo and videography services to real estate

agencies, media outlets, private companies, attorneys, insurance companies and local, state and

federal entities.

Under the plan, the unmanned aircraft (UA) used will be a DJI Phantom 3 Professional flying below 400

feet above ground level and never within 5 miles of an airport with an operating control tower.

Operations will be conducted by a team including the pilot in command (PIC) and a visual observer (VO)

and will only operate within the unaided, visual line of sight of the PIC and VO. Flights will be only

conducted during daylight hours under VFR conditions and will not exceed limitations put in place by the

manufacturer. Prior to operating the UA, all pre---flight checks will be conducted as per the manufacturer’s

recommendations. Safety will be the paramount concern in defining flight profiles.

Petitioner has read the congressional mandate in sections 332 and 333 of the FAA Revitalization and

Reform Act of 2012 that the FAA move quickly to accommodate the economic and societal benefits that

can result from widespread deployment of sUAS technology. Accordingly, Petitioner applies for

authorization under the Federal Aviation Act and the FARs to undertake the following activities for

commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive

disadvantage if it, as it prefers, complies with FAA policy.

Vehicle

The Petitioner will fly one DJI Phantom 3 Professional equipped with a three---axis gimbal and camera.

This vehicle has the built in capability to limit the height it flies above the ground, to limit the radius of

the distance it flies from the operator, and to exclude them from class B, C, and D airspace as well as any

Temporary Flight Restricted areas. The vehicle also has the built---in capability to return to the launching

point if the wireless control link is interrupted or if the operator attempts to exceed any of the height,

radius, or airspace limitations programmed into it.

The vehicle weighs approximately four pounds and has a maximum gross weight of approximately six

pounds. It has a top speed of approximately 32 mph. It has four fixed---pitch rotors, thrust from which is

varied by changing RPM. It is powered by a lithium polymer smart battery.
Flight profiles

The petitioner will program the Phantom so that it will not fly more than 400 feet above ground level, or

more than 1500 feet away from its operator. The PIC will carefully conduct a preflight inspection on the

UA before each mission to assure that its compass and GPS system are properly calibrated and that the

return---to---homefeature,altitude,andradiuslimitationswork.

It will not operate in controlled airspace. In the unlikely event that a manned aircraft flies below 400

feet AGL where the Petitioner is operating its Phantom, the operator will keep both the vehicle and

manned aircraft in sight and avoid the manned aircraft.

Public interest

Granting the petition would be in the public interest because:

1. The Congress of the United States has determined that early accommodation of sUAS into the

National Airspace System advances the public interest. The Committee Report leading the House to

adopt H.R. 658 said:

"The successful integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS)

can support more than 23,000 high---paying jobs in the United States. . . . The absence of a plan to

integrate UASs into the NAS is a barrier to such job creation . . . ."1

Granting the Petition represents a step toward such integration, in the absence of a comprehensive

regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. Granting the Petition will enable Petitioner to demonstrate the commercial viability of creating new

safety techniques and tactics with new aeronautical technology, thereby improving the efficiency of

Emergency Responders around the world and making for a safer society.

The rules from which Petitioner seeks exemption artificially and irrationally limit the effective use of new

technologies to expand Emergency Response safety and improve the efficiency of markets, thereby

subverting the public interest.

3.Granting the Petition will fulfill the FAA’s own declaration that encouraging new aviation technologies

advances the public interest. The FAA itself has recognized the public interest in its role of "Encouraging

and developing civil aeronautics, including new aviation technology."2 Granting the Petition will enhance

FAA fulfillment of that commitment, thereby serving the public interest. Air commerce flourishes in the

United States because of the rapid pace of innovation in aeronautical and associated technologies,

followed by their commercialization and their introduction into the marketplace. The UA technology that

the Petitioner uses exemplifies the latest innovative leap forward in aeronautical technology. Preventing

it from using this in air commerce subverts achievement of the goal.

1. H. R. Rep. 112---29 on H.R. 658, 112th Cong., 1st Sess. at 116. The House---Senate Conference Committee on the FAA Modernization and Reform

Act of 2012 recommended amendmentsto H.R. 658 in lieu of amendments adopted by the Senate. Conference Reportto Accompany H.R.

658,H.R.Rep.112---381,112thCong.,2dSess.,atp.1(Feb.1,2012).
4. Granting the Petition will fulfill the Congressional determination that integrating sUAS technology into

the NAS serves the public interest. Section 330 of the FAA Modernization and Reform Act of 2012,

specifically recognizes the advantages to air commerce obtainable from the deployment of sUAS

technologies. It mandated several steps by the FAA to accelerate the availability of these technologies in

the National Airspace System, thereby representing a congressional determination that the public interest

is served by making these technologies more widely available at the earliest practicable date. 

The Petition represents a way for the FAA to move incrementally, while still satisfying its congressional

mandate and meeting its obligation to enhance the public interest by making new technologies available

by allowing the use of sUAS technologies in a manner that protects the public and the rest of the aviation

community from significant risk.

The commercial activities by Petitioner proposed in the Petition represent contributions to new forms of

air commerce, thereby fulfilling the FAA’s statutory mandate under the 2012 Act.

5. Granting the Petition will enhance aviation safety, thereby advancing the public interest. The

Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to

aircraft in the National Airspace System and to persons and property on the ground. Many others are

flying sUAS without regard to these hazards. Granting the Petition will offer the Petitioner up as an

example of how the FAA is willing to accommodate the new technology when it is constrained by

appropriate limitations to enhance safety. It will also allow the Petitioner to be a role model for safe

commercial sUAS operations.

Users of the National Airspace System are confronted by mushrooming threats from sUAS flown in

defiance of the FAA’s ban. Unless the FAA shows some flexibility to accommodate lawful and safe

operation of sUAS for legitimate commercial purposes, the level of defiance will increase, intensifying

the hazards to manned aircraft and to persons and property on the ground.

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform Act

relating to size, weight, speed, operating capabilities, proximity to airports and populated areas and

operation within visual line of sight, and national security. The Petition justifies grant of the requested

exemptions to allow the Petitioner to engage in civil operation using a sUAS.

Respectfully Submitted,

Paul Campbell

Pronalysis
FAR section Subject Justification

14 CFR § 45.23(b) Requirement to display

registration number on vehicle

Insufficient space on vehicle

14 CFR Part 21 Aircraft certification

requirements and procedures

Designed for manned aircraft;

notsuitable for off---the---shelf

sUAS

14 CFR § 61.3 Requirement for pilot

certificate

Part 61 requirements designed

for manned aircraft, not sUAS;

petition describes training for

sUAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft;

notsuitable for off---the---shelf

sUAS

14 CFR § 91.9 (b) (2) Requirement for manual to be

available in the cockpit

No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls

during flight instruction

No one aboard to operate

controls

14 CFR § 91.119 Minimum altitudes for safe

flight

Safety requires operation

below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for registration

and airworthiness certificates

to be onboard

No one aboard to read

certificates

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

FAR section Subject Justification

14 CFR § 45.23(b) Requirement to display

registration number on vehicle

Insufficient space on vehicle

14 CFR Part 21 Aircraft certification

requirements and procedures

Designed for manned aircraft;

notsuitable for off---the---shelf

sUAS

14 CFR § 61.3 Requirement for pilot

certificate

Part 61 requirements designed

for manned aircraft, not sUAS;

petition describes training for

sUAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft;

notsuitable for off---the---shelf

sUAS
14 CFR § 91.9 (b) (2) Requirement for manual to be

available in the cockpit

No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls

during flight instruction

No one aboard to operate

controls

14 CFR § 91.119 Minimum altitudes for safe

flight

Safety requires operation

below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for registration

and airworthiness certificates

to be onboard

No one aboard to read

certificates

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