US DepartmentofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

October 13, 2015
AnthonyJames Sanzone 8 HunterCourt Chico, CA95928 530-906-3083 

### asanzone79@gmail.com

U.S Departmentof Transportation Docket Management System 1200 New JerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14CFR 21 subpart H; 14CFR 45.23(b); 14CFR 61.113(a) and (b); 14CFR 91.7(a); 14 CFR 91.9(b)(2); 14CFR 91.103; 14CFR91.109; 14CFR91.119(c); 14CFR91.121; 14CFR91.151(a); 14CFR 91.203(a) and (b); 14CFR 91.405 (a); 14CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuantto Section 333 of the FAA Modernization and Reform Act of 2012 (the 'HeformAct")

And 14CFR Part 11 of Unmanned Aircraft Systems (UAS}, AnthonyJames Sanzone Herebyapplies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Thankyou in advancefor your consideration.Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate 2. Aerial Photography 3. Crops 4. Weddings 5. Mapping 6. Building Inspections

Asdescribed fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document undercontrolled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UASoperations and enhance safetyto aid in fulfilling the Secretary ofTransportation•s (the FAA Administrator•s) responsibilities to 11
•••• establish requirements for the safe operation of such aircraftsystems in the national airspace system. 11

The name and address of the applicant is
Anthony James Sanzone 8 Hunter Court Chico, CA 95928 530-906-3083 

### asanzone79@gmail.com

From which the exemption is requested: 14 CFR Part 21 subpart H 14CFR 45.23 (b) 14CFR 61.113 (a) 

### &(b) 14CFR 91.7 (a) 14CFR 91.9 (b) (2) 14CFR91.103 14CFR 91.109 14CFR91.119(c) 14CFR91.121 14CFR91.151 (a) 14CFR 91.203 (a) 14CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14CFR 91.417 (a):,.

Anthony James Sanzone Will operate one or more ofthe Following model UAS

DJI Phantom 2, Phantom 3, Inspire 1
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhancethe safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicantagrees to adhereto when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs. Itweighs lessthan 4 pounds with battery and camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flighttime for each operational flightwill be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlighttime whichever occurs first.

5. Flights will be operated at an altitude of no more than 400feetAbove Ground Level (AGL) and not morethan 200feet above an elevated platform from which filming is planned.,,

6. Minimum crewfor each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. Theflights will occur in Class G airspace no closerthan a Smile radius ofthe geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5-mile radius ofthe geographiccenter/Airport.

13. The operator will do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consentof all persons involved with the planned operation and ensure that only consenting personswill be allowed within 100feet oftheflight operation, and the radius may be reduced to 30feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will havethe capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capabilityto abort aflight in case of emergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part21 Subpart H meetsthe requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UASto be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin asecured and designated area.

Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part21, Subpart H. Lastly, application of these same criteria demonstratesthatthere is no credible threat to national security posed bythe UAS, dueto its size, speed of operation, location of operation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: Whenmarks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable

14 C.F.R. §45.23 (b). Marking of the AircraftThe regulation requires: When marks include onlythe 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, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/ or "provisional/
as applicable. Eventhough the UAS will have no airworthiness certificate, an exemption may be needed, as the UAS will have no entranceto the cabin, cockpit or pilot station on which the word lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 20, 2015.

The equivalent level of safetywill be provided by having the UAS marked "Experimental" can be placed. Given the size of the UAS, two inch on its fuselage
as required by §45.29 (f) where the pilot, observer and others working with the UAS will seethe identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations becausethe applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed thatthe operation and limitations setforth in the FOM will equateto the safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size of the aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill be provided. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: Noperson mayoperate a U.S. registered civil aircraft

... (2) Forwhich an Airplane
or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcratt Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping theflight manual atthe ground control pointwhere the pilotflying the UAS will have immediate accessto it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flightto insurethe safety of flight. As FAA approved rotorcrattflight manualswill not be provided torthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person may operate a civil aircraft (except a manned tree balloon) that is being used tor flight instruction unless that aircraft has tullyfunctioning dual controls. UAS and remotely piloted aircraft, bytheir design do not havetullyfunctional dual controls. Flightcontrol is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. the FAA has approved exemptionstorflighttraining withouttullyfunctional dual controls tor a numberof aircraft and torflight instruction in experimental aircraft. The equivalent level of safety is provided bythetactthat neither a pilot nor passengerswill be carried in the aircraft and bythe size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Sate Altitudes. Section 91.119 establishes sate altitudes tor operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed tor helicopters by the FAA. As this exemption is tor a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will never operate at higherthan 400 AGLwith the exception that in circumstanceswhere the UAS is used to surveyor photograph a structure whose heightexceeds 400 teetAGL, the UAS will not be operated morethan 200 teet above the highest point on the structure. Itwill however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operationswithouttheir pre obtained consent.The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because ofthe advance noticeto the property owner and participants in thefilming activity, all affected individualswill be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraftweighting far more than the maximum SSibs. Proposed herein and the lack offlammablefuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must complywith Section 91.119. 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set 11
•••to the elevation ofthe departure airport or an appropriate altimeter setting available before**departure.~~** As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safetywill be achieved bythe operator, pursuantto the safety check list and liveflight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14C.F.R. § 91.151 (a): Fuel Requirementsfor Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning llaflight 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes. 11 The applicant believesthat an exemptionfrom 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes
or 25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it haswithin itthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legibleto passengers or crew. The UAS fully loaded weighs well underthe proposed 55 lb limit and is,•

operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate accessto them, to the extentthey are applicable to the UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eof this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

..," and others shall inspector maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will notapplyto the applicant. Maintenancewill be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areasfor a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operator will ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and bestsuited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information. The applicantAnthony James Sanzone believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficientjustification for the granting of commercial operations of the applicant's UAS.

The applicant, Anthony James Sanzone requests your respective approval of this Section 333 exemption petition request.Thankyou for your attention in this matter. Please notifyAnthony James Sanzone Ofyour actions, and or approvals. Thankyou, for your interest in this request

Sincerely,
Anthony James Sanzone 

### A

Manual Link:
http://download.djiinnovations.com/downloads/phantom 2/en/PHANTOM2 User Manual v1.4 en.pdf
http://download.djiinnovations.com/downloads/phantom 3 standard/en/Phantom 3 Standard User Manual v1.2 en.pdf
http://download.diiinnovations.com/downloads/inspire 1/en/Inspire 1 User Manual v1.4 en.pdf