I, Thomas Simonsen, would like an exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a)

and (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), and 91.417(a) and (b ) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption would allow Tom Simonsen to operate the PHANTOM 2 Vision+ quad

- copter unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the Minneapolis/St Paul and surrounding areas and to do real estate listing videos.
I would like relief from the following regulations:
Part 21 prescribes the proce dural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals. Section 45.23(b) prescribes that when marks include only the Roman capital le er ―N‖ and the registraon 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 tha n 2 inches nor more than 6 inches high, the words ―limited,‖ ―restricted,‖ ―light

sport,‖ ―experimental,‖ or ―provisional,‖ as applicable. Secon 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall discontin ue the flight when unairworthy mechanical, electrical, or structural conditions occur. Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manua l, approved manual material, markings, and placards, or any combination thereof. Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and landing distance information. Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, a nd weight

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- control aircraft. If the operation is conducted without hazard to persons orproperty on the surface

— (1) A helicopter may be operated at less than the minimums

prescribed in paragraph (b) or (c) of this section, provided each person operat ing the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

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- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set ―...to the elevaon of the departure airport or an appropriate almeter se ng available before departure

. ‖ Section 91.151(a) prescribes that no person may begin a flight 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 after that for at least 30 minutes [emphasis added]. Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certific ate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repai red as prescribed in part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return t o service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an a irworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this se ction: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propelle r, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificat e number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, includi ng the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.(v) The current status of applicable airworthiness directives (AD) and safety directives including,

for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

a lteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3 ) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service

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I plan to operate a UAS, the PHANTOM 2 Vision+, which is com prised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad

copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 30 knots. Petitioner plans to attach a small ultra

- 6 lightweight GoPro 3+ camera to his UA and operate the UA over the Minneapolis/St Paul and surrounding areas to enhance academic community awareness and augment re al estate listing videos.

I will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; and I will conduct extensive preflight inspections and protocols, during which safety carries primary importance.

Since the size, weight, speed, and limited operating area associated with the aircraft will be utilized by me, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

I also request an exemption from § 45.23 Marking of the aircraft because my UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Plus the two

- inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lette ring requirement. Also, I will mark my UAS in the largest possible lettering by placing the word ― **Experimental** on its fuselage as required by § 45.29(f) so that I or anyone helping me as a spotter will see the markings.

I also would like an exemption fro m §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. I will also, as a safety precaution perfo rm a preflight in spection of my UAS before each flight as outlined in the operating documents.I would also like to be exempt from § 61.113 (a) and (b) private pilots are limited to

noncommercial operations, however he can achieve an equivalent level of safety as achieved by current regulations because his UAS does not carry any pilots or passengers. Further, he states that, while helpful, a pilot license will not ensure remote control piloting skills. He further indicates that the risks of operating a UAS are far less tha n the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

I will abide by the following additional operating conditi ons under this exemption: operate my UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in direct line of sight visual observation; 1 operate the UAS for 3

- 7 minutes per flight; land my UAS prior to the manufacture r’s recommended minimum level of battery power; operate my UAS only within visual line of sight (VLOS); use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilo t is lost; conduct all operations under his own personal and flight safety protocols (including posng a warning sign reading: ―A enon Aerial Photography in P rogress – Remain Back 150 feet as stated in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance my safety protocols; contact respective airports if operations will be within 5 miles to advise them of my estimated flight time, flight duration, elevation of flight and other p ertinent information; always obtain all necessary permissions prior to operation; and have procedures in place to abort flights in the event of safety breaches or potential danger.

I also would like to be exempt which § 91.9(b)(2) requires an aircraft fli ght manual in the aircraft, however since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. I also will ensure that a level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

I am a Realtor and aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost

- prohibitive. I would like this exemption so it would allow me to provide this service at a much lower cost. S mall UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The petit ioner also states that the operation of my UAS will minimize ecological damage and promote economic growth by providing information to companies looking to relocate or build in the Minneapolis/St Paul and surrounding areas.