1

July 8, 2015

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

Petition of Peter Nugent DBA Dronez Aerial for Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 and the procedures contained in 14 C.F.R. Part 11

.

To Whom It May Concern,

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the Reform Act) and the procedures contained in 14 C.F.R. Part 11, to request that I, Peter Nugent DBA Dronez Aerial, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (FARs) listed below so that I, Peter Nugent DBA Dronez Aerial may

operate my small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this

Petition

Peter Nugent DBA Dronez Aerial will be operated under controlled visual flight rules ( VFR ) at
low altitude in airspace that is permitted in accordance with the approved Certificate of Authorization (COA). I respectfully submit this request for an exemption because I operate

sUASs. Approval of this exemption would thereby enhance safety and fulfill t he Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”

Regulations from which the exem ption is requested: 14 CFR § 45.23 (b)

, 14 CFR Part 21

, 14 CFR § 61.3

, 14 CFR § 91.7 (a)

, 14 CFR § 91.9 (b) (2)

, 14 CFR § 91.103 (b)

, 14 CFR § 91.109

, 14 CFR § 91.113, 14 CFR § 91.119

, 14 CFR § 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)

, and 14 CFR § 409 (a) (2). The Appendix describes the FARs from which an exemption is requested and summarizes the justification for each requested exemption.

Granting the a forementioned FARs exemptions would be in the public interest because the main use of this sUAS would be for taking real estate photos and videos. Creatively crafting short videos of residential properties will give real estate businesses a competitive ed ge in the real2

estate market. Showcasing properties’ unique features, views, and surrounding acreage via the sUAS’ unique point

- of

- view will help market the home to a potential buyer thus aiding in the selling of the property thus providing a boost in the economy.

Granting the aforementioned FARs exemptions will not adversely affect safety because during every real estate photography or videography capture, the homeowner nor any other persons

other than the pilot in command (PIC) and visual observer ( VO ) are present on the residential grounds or in any areas where the sUAS is in use or flight. The sUAS is never in operation when there are groups of people or large sums of people or animals around.

The sUAS systems that I plan to use are the DJI P hantom Vision Plus V 3 .0 ( Model number: PV331 and S/N number: PH645484053) and DJI Phantom Vision Plus V 2 .0 ( Model number : PV331 and S/N number: PH645197843) that will be referenced in this document

. The DJI

Phantom Vision Plus V 3.0 is my main sUAS , while my DJI Phantom Vision Plus V 2.0 is my backup sUAS.

The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always flying the s UAS within visual eye contact, less than 400 f ee t above ground level (AGL)

,

never excee ding 30 miles per hour, and never directly above persons or public places. The orientation of flights will be such that the PIC always has a visual on the sUAS and rear mounted LED flight Indicator. PIC will not operate sUAS less than 500 feet below or le ss than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. Additional safety features on the DJI P hantom Vision Plus V3.0 and DJI Phantom Vision Plus V2.0 include, return to home, low voltage, enhanced failsafe along with operating in the less pop ulated 5.8 GHZ frequency range.

Pre

- flight inspections last anywhere from 20

- 30 minutes. PIC check s the battery condition/level

in both the transmitter and s UAS. The binding/link feature will not let the s UAS start if

communication is not established. PIC c heck s to see if the propellers are all balanced and has a kit to ensure they are up to maximum safety standards. PIC check s for power

- lines, antennas

, and other overhead objects before every flight. PIC also closely monitor s weather and wind

conditions as those are factors for flying. At all times PIC operate the sUAS in an unbroken visual line of sight (VLOS). PIC does not make flights alone; there is a VO who watches the sUAS from the ground from another vantage point and unbroken VLOS

. PIC and VO

communicate verbally wit h one another during all flights in progress

. PIC a lso do es not fly for more than 30 consecutive minutes without landing and cha nging the batteries and conducting necessary safety checks. Once the batter y is at 25%, PIC begin s return to ground procedures and

never operate s the sUAS below 20% battery. Post

- flight, PIC inspect s the sUAS. PIC take s excellent care of both of sUASs, and is careful to put them back into their specially

- designed carrying cases. PC also never flies at night, within 10 miles to the center of an airport, near a manned aircraft, near agricultural fields, above or around other persons, or in any other place that

would deem it harmful to nature, property

, people

, or animals.

If in the future any parts of either DJI need to under go maintenance or alterations, PIC will perform a functional test flight prior to conducting further flights. Functional test fligh ts will be3

performed with the VO, will remain at least 500 feet from other people, and will not pose a hazard to persons or property.

The radio frequency of the DJI P hantom Vision Plus V3.0 and DJI Phantom Vision Plus 2.0 are

both in the 5.8 GHZ range

. Maximum take

- off weight less is than 5 pounds.

The PIC will be only myself and I have a minimum of 80 hours flying time with both DJI Phantom Vision Plus V3.0 and DJI Phantom Vision Plus V2.0 models. I test, update, and program all the DJI Phantom firmware on a weekly basis and perform weekly check

- ups on both

sUASs.

The intended use of both the D JI Phantom Vision Plus V3.0 and DJI Phantom Vision Plus V2.0, and my main objective, are to supplement my existing photography business for local real estate agents in The Berkshires with aerial photography and videography the safest way possible. Other p hotographers are currently offering aerial photography and have a competitive edge.

Respectfully,

Peter Nugent

DBA Dronez Aerial

9 Leslie Avenue Lanesborough, MA 01237

413.445.57234 Appendix

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;

not suitable for off

- the

- shelf
14 CFR § 61.3 Requiremen t for pilot

certificate Part 61 requirements designed for manned aircraft, not sUAS; petition describes training for sUAS operator

14 CFR § 61.195 Flight instructor limitations and qualifications Designed for manned aircraft;

not suitable for off

- the

- shel f

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

not suitable 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 § 91.113 Right

- of

- way rules: Except water operations A ll flights will be operated

within VLOS of the pilot in command (PIC) and visual observer (VO)
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 No one aboard to read5 and airworthiness certificates

to be onboard certificates

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

instruments
14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful load; will be operated below ATC radar coverage 14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft;

not suitable for off

- the

- shelf

sUAS
14 CFR § 9 1.407 (a) (1) Inspection approval requirements Designed for manned aircraft;

not suitable for off

- the

- shelf

sUAS 14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft;

not suitable for off

- the

- shelf

sUAS