Steven J Massi

Tel 1 704 841 8090
Charlotte, NC Cobra193@gmail.com

Mar 3, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91. 121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b)

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To whom it may concern:

I am writing this exemption request on my own behal f. I have no legal counsel.

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Steven Massi (the Appli cation), owner and operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to con duct aerial photography and videography. The applicant is requesting exemption from the list ed FARs to allow for commercial operation of its sUASs for aerial images of events such as weddings, private parties, amateur sporting events and the like as well as aerial imag es for Real Estate, so long as such operations

are conducted within and under the conditions outli ned herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exempt ion would permit the operation of small, unmanned and relatively inexpensive sUAS und er controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for th e safe operation of such aircraft systems in the national airspace system.” Section 333(c) of th e Reform Act.

The name and address of the applicant is:

Steven J Massi

Ph: 704 841 8090 Email:cobra193@gmail.com Address: 2801 Providence Spring Lane, Charlotte, NC 28270

Regulations from which the 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. 91.103

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 91.405 (a) 14 C.F.R 407 (a) (1) 14 C.F.R 409 (a) (2) 14 C.F.R 417 (a) & (b)

This exemption application is expressly submitted t o fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law 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 re quired under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the p ublic or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational ca pability; • Operation of the UAS in close proximity to airpor ts and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary dete rmines that such vehicles “may operate safely in the national airspace system, the Secretary shal l establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) .

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. This statutory authority by its terms includes exem pting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must

have a current airworthiness certificate.

The Administrator may grant an exemption from a req uirement of a regulation 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 int erest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

The sUAS that the applicant currently owns (See ima ges and information in Appendix A) are multi-rotorcraft, weighting 55 or fewer lbs. in cluding payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. T hey will operate only in line of sight and will operate only within areas that have been deemed saf e to fly by the PIC during pre-flight planning. The sUAS currently owned is manufactured by DJI (mo del Phantom 2 Vision +). DJI is the leading manufacturer of multi-rotorcraft design ed specifically for unmanned aerial photography and videography. It has an abundance of safety features built in including ‘Return

To Home’ feature that allows the aircraft to return to its originating coordinates and land safely on its own should the controlling radios signal be lost or interfered with.See appendix A for more information on the manufacturer and safet y data.

Along with the safety features built into the DJI P hantom, the Applicant will be the acting PIC. The applicant also has a SEL Private Pilot’s certification and has more than 20 years of experience flying Radio Controlled airplanes and he licopters at a very high skill level for hobby

purposes. Having a Pilot’s certification, the applicant under stands the risks and dangers involved with flying aircraft near an airport and will make sure the sUASs are not flown within 5 miles of an airport. The DJI Phantom aircraft also has the most recent firmware update which has software in it that prevents the aircraft from bein g flown within 5 miles of an existing airport. Such experience and safety precautions will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.”

Given the small size of the sUASs involved and the restricted sterile environment within which they will operate, the applicant falls square ly within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediate ly. Also due to the size of the UASs

and the restricted areas in which the relevant sUAS s will operate, approval of the application presents no national security issue. Given the clea r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act , as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts , including reduced emissions associated with allowing UASs for aerial photographic operatio ns, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher l evel of safety to operations under the current regulatory structure because the proposed operation s represent a safety enhancement for current Aerial photography services that use conven tional, ‘full scale’, piston/jet driven aircraft.

These limitations and conditions to which Steven Ma ssi, the applicant, agrees to be bound when conducting commercial operations under an FAA issue d exemption include:

4 Reform Act Section 333 (b).

1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational f light will be 30 minutes. Flights will be terminated at 25% battery power reserve sho uld that occur prior to the 30

minute limit. 4. Flights will be operated at an altitude of no mo re than 400 feet AGL 5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual

Observer. 6. sUAS pilot will be an FAA licensed airman with a t least a private pilot’s

certificate. The observer will hold at least a thir d class medical.7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on location (i.e. the Aerial Coordinator), that person can also be designated as PIC. 8. The UAS will only operate within a confined “Ste rile Area” that has been investigated and evaluated before flight operations

. 9. The operator will obtain the consent of all pers ons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 fee t based upon an equivalent level of safety determination. 10. Pilot and observer will have been trained in op eration of UAS generally and received up-to-date information on the particular U AS to be operated. 11. Observer and pilot will at all times be able to communicate by voice and/or

text. 12. Written and/or oral permission from the relevan t property holders will be

obtained. 13. All required permissions and permits will be ob tained from territorial, state, county or city jurisdictions, including local law e nforcement, fire, or other appropriate governmental agencies.

14. If the sUAS loses communications or loses its G PS signal, the UAS will have capability to return to a pre-determined location w ithin the Security Perimeter and

land. 15. The sUAS will have the capability to abort a fl ight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements

for the issuance of airworthiness certificates as r equired by FAR §91.203 (a) (1). Given the size and limited operating area associated with the airc raft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirem ents of an equivalent level of safety under

Part 11 and Section 333 of the Reform Act. The Fede ral Aviation Act (49 U.S.C.§44701 (f)) and

Section 333 of the Reform Act both authorize the FA A to exempt aircraft from the requirement for an airworthiness certificate, upon consideratio n of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UA S operated without an airworthiness certificate, in the restricted environment and unde r the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 l bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the requiremen ts and in compliance with local public safety requirements, to provide security for the ar ea of operation as is now done with conventional filming. The FAA will have advance not ice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthines s certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same cr iteria demonstrates that there is no crediblethreat to national security posed by the UAS, due t o its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

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 certificated aircraft , the operator must also display on that aircraft near each entrance to the cabin, c ockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "pr ovisional," as applicable.

Even though the UAS will have no airworthiness cert ificate, an exemption may be

needed as the UAS will have no entrance to the cabi n, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of th e sUAV, two-inch lettering will be impossible. The word “Experimental” will be placed on the fusel age in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as “Experime ntal.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10 700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privile ges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the UAS will not carry a pilot or passengers, the propo sed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s li cense to operate this small UAS. Unlike a conventional aircraft that carries the pilot and pa ssengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds tha t provided by a single individual holding a commercial pilot’s certificate operating a conventi onal aircraft. The risks associated with the operation of the sUAS are so diminished from the le vel of risk associated with commercial operations contemplated by Part 61 when drafted, th at allowing operations of the sUAS as requested with a private pilot as the PIC exceeds t he present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certif icate issued for the aircraft, should this exemption be granted, no FAA regulatory standard wi ll exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the DJI Owner’s Manual for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Man ual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircr aft ...

(2) For which an Airplane or Rotorcraft Flight Manu al is not required by §21.5 of this chapter, unless there is available in the airc raft a current approved airplane or Rotorcraft Flight Manual, approved manual materi al, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no a bility or place to carry such a flight manual on the aircraft, not only because there is n o pilot on board, but because there is no room or capacity to carry such an item on the aircr aft.

The equivalent level of safety will be maintained b y keeping the flight manual at the ground control point where the pilot flying the sUA S will have immediate access to it. The FAA has issued the following exemptions to this regulat ion: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, an d 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to t ake certain actions before flight to insure the safety of flight. As FAA approved rotorc raft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in DJI Phantom Owner’s manual along with the applicant ’s 20+ years of experience flying radio

controlled aircraft without incident. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff di stances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction :

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruc tion unless that aircraft has fully functioning dua l

controls.

sUASs and remotely piloted aircraft, by their desig n do not have fully functional dual controls. Flight control is accomplished through th e use of a control box that communicates with

the aircraft via radio communications. The FAA has approved exemptions for flight trainingwithout fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 98 62A. The equivalent level of safety provided by the fact that neither a pilot nor passe ngers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and th e exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to o perations without their pre-obtained consent. The sUASs are equipped with telemetry bac k to the operator. Telemetry includes altitude, vertical and horizontal ground speed, dir ection and distance from operator.

The equivalent level of safety will be achieved giv en the size, weight, speed of the UAS as well as the location where it is operated. No fl ight will be taken without the permission of the property owner or local officials. Because of the a dvance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with airc raft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flam mable fuel, any risk associated with these operations is far less than those presently present ed with conventional aircraft used in photography for Real Estate and Business. In additi on, the low-altitude operations of the sUAS will ensure separation between these small-UAS oper ations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elev ation of the departure airport or an appropriate altimeter setting available before departure.” As t he sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption m ay be needed. An equivalent level of safety will be achieved by the operator, pursuant to the M anual and Safety Check list, confirming the

altitude of the launch site shown on the GPS altitu de indicator before flight.

1 4 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beg inning “a flight in an airplane under VFR conditions unless (considering wind and forecas t 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.”

The battery powering the sUAS provides approximatel y 25 minutes of powered flight. Given the limitations on the UAS’s proposed flight area and the location of its proposedoperations within a predetermined area, a longer ti me frame for flight in daylight or night VFR

conditions is reasonable. Applicant believes that an exemption from 14 CFR §9 1.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Loc kheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official r epresentatives who have signed waivers will be allowed, with less than 30 minutes of reserve fu el, does not engender the type of risks that Section 91.151(a) was intended to alleviate given t he size and speed of the small UAS.

Similar exemptions have been granted to other opera tions, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircr aft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may o perate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certif icate. . . .

(b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to car ry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(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 a nd shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Mai ntenance will be accomplished by the operator pursuant to the manufacturer’s flight manual and op erating handbook. An equivalent level of safety will be achieved beca use these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of

time. If mechanical issues arise the UAS can land i mmediately and will be operating from no higher than 400 feet AGL. As provided in the Owner’ s Manual, the operator will ensure that theUAS is in working order prior to initiating flight, perform required maintenance. Moreover, the

operator is the person most familiar with the aircr aft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should it be determined that publ ication is needed:

Applicant seeks an exemption from the following rul es: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F. R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or les s) in motion picture and television operations.

Approval of exemptions allowing commercial operatio ns of sUASs will enhance safety by reducing risk. Conventional aerial photography/vide ography operations use jet or piston powered aircraft. Such aircraft must fly to and fro m the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batterie s eliminates virtually all of that risk given

the reduced mass and lack of combustible fuel carri ed on board. The sUAS is carried to the film location and not flown. The sUAS will carry no pass engers or crew and, therefore, will not expose them to the risks associated with manned air craft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivale nt level of safety supporting the grant of the exemptions requested herein, including exempting th e applicant from the requirements of Part 21 and allowing commercial operations. These lightw eight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters opera ting in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled a ccess property with the property owner’s prior consent and knowledge. Photographs wi ll be of people who have also consented to being photographed or otherwise have a greed to be in the area where photography will take place.

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exemptions allowing commerci al operation of applicant’s UAS in the aerial photograpy industry.Sincerely,

Steven J Massi

## Appendix A

DJI Battery Safety Documentation:http://download.djiinnovations.com/downloads/phantom_2_vision_plus/Sma rt_Flight_Battery_Safety_Guid elines.pdf

DJI Phantom 2 Vision + Owner’s Manual with pre-flig ht checklist and maintenance procedures:http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/ Phantom_2_Vision_Plus_User_ Manual_v1.8_en.pdf

DJI’s Website resource to locate NO FLY ZONEs near your current location: http://www.dji.com/fly-safe/category-mc

Images to show relative size