Petition for Exemption

Richard J. Formica Formica Aerial Videography (FAV) 328 N. 10 th St. San Jose, CA 95112 formicafav@icloud.com (707) 365

- 5347
To Whom It May

Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Richard J. Formica, a freelance multimedia producer, hereb y applies for an exemption from the Federal Aviation Regulations (FARs) listed b elow to allow operation of his s mall Unmanned Aircraft Sy stem (UAS) commercially i n airspace regulated b y the Federal Aviation Administration (FAA), so long as such operations are conducted with and under the conditions outlined herein or as may be established by

the FAA as required b y Section 333. The requested exemption would permit Richard J. Formica to pursue his commercial interests in providing services to clients for profit using a small advanced UAS i n the following areas : aerial photograph y, aerial cinematograph y, real estate, and special events to include but not limited to we ddings, private or public parties/events, business advertising, and promotional events. Richard J. Formica states that all UAS flights will occur over private or controlled access property and will do so with the property owner's consent and knowledge , and that only people who have consented or otherwise have agreed to be within the UAS’ radius during filming and photography applications.
Richard J. Formica has demonstrated the ab ility to safel y and effectivel y operate and fl y the UAS DJ I Phantom 3 Profess ional Q uad copter aircraft , which will be used for all commercial and private purposes. Richard J. Formica complies with local ordinances and l aws regarding the operation of UAS, and adheres to all weather and environmental restrictions or limitations in r eference to the operations of UAS. All flights will occur in ordinance with an y state or local laws regarding privacy

. I, Richard J. Formica , am seeking the exemption because I am committed to complying with all of the rules, guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the UAS in the manner that I have described, and for the purposes that I have described. Without the exemption request granted, I would be unable to safel y and effectivel y run m y business, and it is my intention to comply

with the FAA and obtain an exemption of the following regulations. The following contains my list of regulations from which I am seeking exemption, and a complete list of responsibilities Iassume as operator; it also contains in formation regarding the aircraft, public benefit and safety features, and similar petitions requests granted.**Regulations from which exemption is requested:**

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.7(a)
14 C.F.R. 91 .9(b) (2)
14 C.F.R. 91.109
14 C.F.R. 91.119
14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b)
14 C.F.R. 91.215
14 C.F.R. 91.401

- 91.417 **I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES :**  1. Operations authorized by this grant of exemption are limited to the DJ I Phantom 3 Professional when weighing less than 55 pounds including payload. Proposed operations of an y other aircraft will require a new petition or a pe tition to amend this exempti on. 2. Operations for the purpose of closed

- set motion picture and television filming are not 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 airspe ed to determine compliance with the 87

- knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude of no more th an 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 PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than correc tive lenses, as specified on the PI C’s FAA

- issued airman medical certificate or U.S. driver’s license. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. Th e VO may be used tosatisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The VO and PI C must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure 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 4 limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operat or 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 extension 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 UAS 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 exempt ion. Functional test flights may onl y be conducted b y a PI C with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The oper ator 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 PI C 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 ma intenance 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 maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft component s
. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins

. 13. Under this grant of exemption, a PI C must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC m ust 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 sp ecified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.14. The operator may not permit any

PIC to operate unless the PI C demonstrates the ability to safel y operate the UAS in a manner consistent with how the UA S will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C 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 PI Cs and VOs (training, proficiency , and experience

- building) and determining the PIC’s ability to safel y 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

onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations 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 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Fa cility Directory

(AFD) or for airports not denoted with an ARP, the center of the airport s ymbol 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 request. 17. The UA may

not be operated less than 500 feet below or less than 2,000 f eet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C

. 18. 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. 19 . The PI C must abort the flight in the event of unpredicted obstacles or emergencies

. 20. The PI C 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 operation and to operate after that for at least five minutes or with the reserve power recommended b y the manufacturer if greater. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted i n accordance with an ATO

- issued COA. The exemption holder may

appl y for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 6 22. All aircraft operated in accordance with this exemption mu st 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. 23. Documents used b y the operator to ensure the safe operation and flight of the UAS and an y documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the aircraft is operating. Thes e documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations andactivities at all times.

25. The UAS may

not be operated b y the PIC from any moving device or vehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently

protect nonparticipating pers ons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, fl ight operations must cease immediatel y in a manner ensuring the safety

of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PI C has made a safet y 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. 27. 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 co nducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y 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 Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
**SIMILAR EXEMPTIONS** They are similar in all/or many material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 **Public Benefit and Safety** Unmanned Aircraft Sy stem UAVs are often seen as superior to helicopters as an aerial vide o gathering platform due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impac t which promotes public safety. Richard J. Formica is petitioning for an exemption to operate a DJ I Phantom 3 Professional with a built

- in stabilized HD camera and GPS safety features which limit its ability

to limit the height it flies above ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from operations withi n designated Class B, C and D airspace including a no

- fly zone feature.
The DJ I Phantom 3 Professional also has a failsafe function that is triggered in the event communication is lost between the UAS and the main controller transmitter. At that time, the UAS will return to its point of takeoff and land safety. If the connection is restored, the PI C can regain control of flight and land manually

. These specifications meet with the Model Aircraft Operating Standards as set below:
T h e p e titioner will onl y operate its UAS in line

- of

- sight of a pilot and/or observer and will operate at sites that are sufficient distance from populated areas within the sterilearea described in the FOPM. Such o perations will ensure that the UAS will "not create a

hazard to u sers of the national airspace sy stem or the public." When flying the UAS within three (3) miles of an airport, airport operators will be notified and the operator will give the right

- of

- way to avoid fl yi ng in the proximity of full

- scale aircraft. Maximum flight time for eac h operation will be 30 minutes. F l i ght s w i l l b e t e r

m i n at e d wh e n b att e ry l e v e l s r e a c h 2 5 % , a l l o w i n g s u f f i c i e nt r e s e r

v e flight time to safel y land the UAS. The UAS will be programmed so it will not be operated at an altitude that ex ceeds 400 feet AGL, and not more than 200 feet above an elevated platform from which videograph y is planned Minimum crew for ea ch operation shall consist of: UAS pilot, a visual UAS observer, and the camera operator. The UAS PI C will be an FAA licens ed airman holding a minimum of a Private Pilot certificate and a current FAA medical certificate. T h e UAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens, and stabilized gimbal). The UAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously

mo ve vertically

and horizontally

. Given the small size of the UAS and the restricted sterile environment within which it will operate, Sky

VideoCT’s operations adhere to the Reform Act's safet y requirements. I have included links to the Phantom 3 Professional User Manual, Quick Start Guide, and the Intelligent Flight Battery Safety Guidelines for your reference. http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4 _en_0915.pdf http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide _en_v1.2.pdf http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery _Safety _Guidelines _en.pdf
If you have an y ques tions or concerns, please feel free to contact me. I truly appreciate yo ur consideration.

Sincerel y, Richard J. Formica