US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

March 13, 2016

Mark Lampson 306 Meadow Dr Ayden, NC. 28513

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

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91 .9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11, Gerard P. Falcone operator of Unmanned Aircraft Systems (UAS), hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercia l operation of designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Thank you in advance for 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. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and newsgathering. 3. Aerial inspection/photography of residential/commercial struc tures under contract with the owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial video/photog raphy or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. Training to persons individually or belon ging to both private and/or public organizations to increase awareness and improve safety for current and future UAS operations within the NAS. As described fully below, the requested exemption would permit the operation of designated UAS as set forth in t his document under controlled conditions in the NAS that would be a) lim ited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... establish requirements for the safe operation of such aircraft systems in the national airspace system."
The name and address of the applicant is: Mark Lampson USAF RET. Phone (252)916

- 7 877 Email: mjlstudios@yahoo.com Address: 306 Meadow Dr Ayden NC. 28513 Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)Mark Lampson will operate the following

model UAS: 

### DJI Phantom 3 Professional



## Aircraft

We ight (including battery and propellers)

- 1280 g Diagonal size (including propellers)

- 590 mm Max Ascent Speed

- S m/s Max Descent Speed

- 3 m/s Hover Accuracy

- • Vertical:+/

- 0.1 m (when Vision Positioning is active) or+/

- 0.5 m •Horizontal: +/

- 1.5 m Max Speed

- 16 m/s (A Til mode, no wind) Max Altitude Above Sea Level

- 6000 m Operating Temperature

- ooc to 40°C GPS Mode

- GPS/GLONASS 

## Camera

Sensor

- Sony EXMOR 1/2.3" Effective pixels: 12.4 M (total pixels: 12.76 M) Lens

- FOV 94° 20 m m (35 mm format equivalent) f/2.8, focus at oo ISO Range

- 100

- 3200 (video) 100

- 1600 (photo) Shutter Speed

- 8s

- 1/8000s Image Max Size

-4000 x 3000 Still Photography Modes *Single Shot *Burst Shooting: 3/5/7 shots *Auto Exposure Bracketing (AEB): 3/5 *Bracketed Frames at 0.7EV Bias *Time

- lapse 

## Video Recording Modes
•UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 •FHD: 1920x1080p 24/25/30/48/50/60 •HD: 1280x720p 24/25/30/48/50/60 Phantom 3 Advanced •FHD: 1920x1080p 24/25/30/48/50/60 •HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types* Micro SD *Max capacity: 64GB. Class 10 or UHS

- 1 rating required Max Bitrate of Video Storage** 60 Mbps 

### Gimbal
Controllable Range

- Pitch

- 90° tp +30° Stabilization

- 3

- axis (pitch, roll, yaw) 

## Vision PositioningMax Velocity

- Less than 8 m/s (when 2 m above ground)

Altitude Range

- 30 cm

- 300 em Operating Range

- 30 cm

- 300 em Operating Environment

- Surface with clear pattern and adequate lighting (Lux> 15) 

## Remote Controller
Operating Frequency

- 2.400 GHz

- 2.483 GHz Max D istance

- 2000m (outdoors and unobstructed) Video Output Port

- USB Operating Temperature

- 0°C

- 40°C Battery

- 6000 mAh LiPo 2S Mobile Device Holder

- For tablet or phone Receiver Sensitivity (1%PI:R)

-- 101 dBm ±2 dBm Transmitter Power (EIRP) *FCC: 20 dBm *CE: 16 dB m Wo rking Voltage

- 1.2 A @7.4 V 

### Battery Charger Voltage

- 17.4 V Rated Power: •100W 

### Intelligent Flight Battery
Capacity

-4480 mAh Voltage

- 15.2 V Battery Type

- LiPo 45 Energy

- 68 W h Net W eight

- 365 g Max Flight Time

-Approximately 23 minutes Operating Temperature

-- 10°( to 40°( Max Charging Power

- 100 W Given the small size of the UAS in scope and the controlled environment provided, the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no na tional 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 p ublic interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in th e Flight Operations Manual (FOM) include: 1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and camera. 2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph

. 3. Flights will be operated within line of sightofthe Pilot in Command (PIC) and/or VisualObserver (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filmi ng is planned. 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a mi nim um of 20 hours on the designated UAS. 8. A safety briefing will be performed prior to each day's flights 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. The flights will occur in Class G airspace no closer than a Smile radius of the geographic center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 12. Flights will not be c loser than a 5 mile radius of the geographic center/ Airport. 13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no mo re than 72 hours but no less than 48 hours from planned operation. 14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. W ith 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 uptodate information for the particular UAS to be operated. 16. The PIC and VO will be able to communicate by voice and/or radio at all times. 17. W ritten and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as
a ppropriate to flight operations.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously. 19. The UAS will have the capability to abort a flight in case of emergencies with an automated "Return Home and Land" fu nction. 20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthine ss Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe 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 UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withou t the restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials

or flammable liquid fuels, and operates exclusively within a secured and d esignated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and mo nitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

### 21, Subpart H. Lastly, application of th ese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial e xternal load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: Wh en m arks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or p rovisionally 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 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: W hen marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport cat egory 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 "lim ited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two inch 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 lev el of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b): Private Pil ot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraftthat is carry ing passengers or property for compensation or hire. The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inhere nt in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical certificate. It is believed that the operation and lim itations set forth in the FOM will equate to the safe operation of the UAS. 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 certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S.regist ered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual ma terial, markings, an d 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 capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight ma nual at the ground control point where the pilot flying the UAS will have immediate accessto it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight ma nuals will not be provided for the 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 of flight 14 C.F.R. §91.109: Flight Instruction. Section 91.103 pro vides 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. UAS and remotely piloted aircraft, by their design do not have fully functi onal dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. the FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the siz e and speed of the aircraft. 14 C.F.R. §91.119: Minimum S afe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mi nim um s prescribed, provided the person operating the helicopter complies with any route or alt itudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not mo re than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated mo re than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained cons ent. The equivalent level of safety will be achieved given the size, weight, and speed of the 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 of the advance 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 aircraft or rotorcraft weighting far more than the maximum SSibs. proposed he rein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation b etween these UAS operations 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 aircraft to ma intain cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS ma y not have a barometric altimeter, but instead a GPS altitude read out , an U.S. exemption ma y be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before fligh t. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "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 thatfor at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The applicant

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the 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 happens first. This restr iction 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 has within it the following: (1) An appropriate and current airworthiness certificate .... (b) No person may operate a civil aircraft unless the 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 legible to passengers or crew. The UAS fully loaded weighs well under the proposed 551 b lim it and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the groun d control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 C.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 E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this ch apter ... ," 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. Maintenance will be a ccomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very lim ited in size and will carry a small payload and operate only in restricted areas for a limited perio d of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required ma intenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance need ed. Additional Information. The applicant, Gerard P Falcone, believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the gran ting of commercial operations of the applicant's UAS. The applicant, Gerard P Falcone requests your respective approval of this Section 333 exemption petition request. Thank you for your attention in this matter. Please notify Gerard P. Falcone of your act ions, and or approvals. Thank You for your interest in this request.Sincerely,



### Mark Lampson
306 Meadow Dr Ayden NC. 28513