U.S. Department of Transportation

Docket Operations 1200 New Jersey Ave, SE Washington, D.C. 20590

September 14, 2015

Request for Section 333 Exemption

This is an exemption request pursuant to section 333 of the FAA Reform Act of 2012 for Ryan Zimmerman. I

, Ryan Zimmerman, request to perform aerial photography through the use of small unmanned aircraft commercially in airspace regulated by the FAA.

Description of Petitioner:

Ryan Zimmerman has a Bachelor of Science in Aviation with an emp hasis in Professional Fl ight. He possess es an Airline Transport Pilot’s License as well as a Certified Flight Instrument Instructor rating. He has vast knowledge and experi ence operating in all classes of the NAS.

Contact Information: Ryan Zimmerman

2507 Meadowrose Blvd.

St. Clo ud, MN 56301 rdzimmerman@gmail.com

Commercial Operations:

Exemption is requested for aerial photography/video for commercial use including real estate, land surveying,

architecture, marketing, and other relate d activities. Aerial photography/video for inspection of commercial property, agriculture and commercial construction. Aerial photography/video for commercial use including public events.

Exemptions:

Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H

14 CFR 45. 23 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a)

14 CFR 91.9 (b) (2) 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)Description of UAS

The primary UAS that will be used is the DJI Phantom 3. The UAS will be safely operated in the NAS by maintaining line of sight visual contact, flown only during daylight, and at less than 400 feet AGL. Flights will be operated at a lateral distance of no less than 100 feet from any persons or property not associated with the operation. All flights will be preplan ned and owner approval will be obtained for flights over private property. Additional safety features of the DJI Phantom 3 include return to home functionality when GPS is available and failsafe technology that returns the aircraft to the takeoff point if batteries run low. Also, the max flight time for the UAS will be limited to maintain a reserve of 25% battery power. At all times, the UAS will be operated in accordance with the safety and operational requirements of the manual.

UAS Operations

Preflight would i nclude checking the operation of the UAS to include the battery of both the UAS and the

transmitter, the condition of the body of the UAS

, and its propellers. Updates to the firmware will be done as they become available and maintenance will be performed pursuant to the manufacturer’s recommendati ons. The area in which the UAS will be flown will be checked for power li nes, antennas, and other obstructions. The weather conditions will be monitored throughout the flight. Wind conditions will be reviewed and the UAS will only be flown in daylight during VFR conditions.

Regulations from which an exemption is requested

14 CFR Part 21 Subpart H and 14 CFR Part 91.7 (a) The size, weight and enclosed operational area of the UAS permits exemption from Part 21 because the UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirem ent in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. The petitioners UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an a irworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. Proper maintenance will be regularly applied to keep the UAS airworthy.

14 CFR 45.23 An exemption is requested from displaying the aircraft “N” number on the aircraft and from displaying the words “limited”, “restricted”, “light

- sport”, “experimental”, or “provisional” as applicable. There is no entrance into a UAS and the aircraft is not large enough to display letters two inches tall. The equivalent level of safety will be provided by marking “Experimental” on the UAS casing where the pilot or other observers

will see the identification.

14 CFR 61.113 (a) & (b) Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. The petitioner can achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry any pilots, property, or passengers. The risk is fa r less than that of commercial activitie s of a private or commercial pilot.

14 CFR 91.9 (b) (2)An exemption is requested from carrying a current and approved Flight Manual, marking and placards. The

UAS is not large enough to carry any of these items. An equivalent level of safety will be main tained by keeping the flight manual at the launch site where the pilot will have access to it.

14 CFR 91.119 (c) An exemption is requested from operating over sparsely populated areas closer than 500 feet. An exemption is requested to operate up to 400 fe et AGL. Given the size, weight and controllability of the UAS, an equivalent level of safety will be met. No flight will operate over private property without the permission of the owner. All UAS activities will be preplanned.

14 CFR 91.121 An exemption i s requested from operating by reference to an altimeter set to the departure elevation. An equivalent level of safety is met by using an Above Ground Level measurement that is displayed on the aircraft transmitter held by the pilot.

14 CFR 91.151 (a)

An e xemption from the requirement to operate an aircraft with 30 minutes of fuel reserve is requested. The battery power of the UAS is approximately 25 minutes in length. An equivalent level of safety is met by the transmitter display. A digital readout of the battery percentage is available. Additionally the aircraft LED lights flash read and an audible alarm is sounded when the aircraft has a low battery state. If the UAS is not landed, the return to home safety feature is engaged. The max flight time for the UAS will be limited to maintain a reserve of 25% battery power.

14 CFR 91.203 (a) & (b) An exemption is requested from carrying an airworthiness certificate that is displayed and legible. The UAS is not large enough to carry additional items. An equivalent level of safety will be met by storing any registration documents at the aircraft launch point with the pilot. Additionally, the UAS will be marked “Experimental.”

14 CFR 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b) An exemption is requested from having the UAS inspected as prescribed in Subpart E. These inspections only apply to aircraft carrying an airworthiness certificate. Maintenance will be done according to the UAS Manual,

manufacturer recommendations , and available firmwa re upgrades. In order to ensure an equivalent level of safety, the pilot will inspect the aircraft before each flight.

Public Interest

Ae rial videography has been available for a long time through manned fixed wing aircraft and helicopters . But

for most business owners , nonprofit leaders, and individuals, its expense has been cost

- prohibitive. Granting this exemption t o the Petitioner would allow me to provide this service at a much lower cost. This service could enable nonprofit organizations to further fulfill their missions for the communities they serve. Further, the small UAS being utilized in this application will pose no threat to the public given its small size and lack of combustible fuel when comp ared to larger manned aircraft.

Thank you for you r consideration,

Ryan Zimmerman