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

Reform Act and Part 11 of the Federal Aviation

**February 22 , 2016** 

**Christopher John Thomasson 1822 Overbrook**  **Tyler, TX 75703 (936) 852** 

**- 3624**  **yourhomeportrait @yahoo.com** 

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington 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)

The exemption is in the public interest. Pursuant to the authority c ontained in 49 U.S. C. 106(f), 40113, and 44701.

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 of Unmanned Aircraft Systems (UAS) Christopher John Thomasson h ereby applies for an ex emption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of DJ I Phantom 3 Professional
, provided such operations are conducted within and under the conditions outlined herein or as may b e established by

the FAA as required by Section 333.

Thank you in advance for your consideration.Page **2** of **15**

C ommercial operation of an UAS, as described herein, which are equipped with camera(s)/s ensors, would provide professional services in the following areas:

1. Aerial Photography

& Videography 2. Land Surveying 4 . Building Surveying 5 . Public and Private Events 6 . Roof Top Inspections 7 . Site Inspections 8 . Sidewalk & Parking Lot Inspections 9. Assist in Search and Rescue 10. Motion Picture Production and Videography

As described fully

b elow, the requested exemption would permit the operation of designated UAS as set forth in this document under controlled conditions in the NAS that would be a) limited 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 o f Transportation's (the FAA Administrator's) responsibilities to "

.... establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem."

The name and address of the applicant is

**Christopher John Thomasson 1822 Overbrook**  **Tyler, TX 75703 yourhomeportrait@yahoo.com** 

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) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352),Page **3** of **15**

11109 to Clayco , Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon Labs, In c. (see Docket No. FAA−2014−0642), and 12645 to Allied Drones (see Docket No. FAA

- 2014

- 0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and

carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions,

carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled b y this exemption is in the public interest.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by F AR §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 consi deration of the size, weight, speed, operational capability
, and proximity

to airports and populated areas of the particular UAS. Inall cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate in the

res tricted 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 without the restrictions and conditions proposed. The UAS to be op erated hereunder is less than 55 lbs. fully

l oaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly c ontrolled and monitored 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 these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its s ize, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category

aircraft or experimental or provisionally c ertificated 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 re quires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally c ertificated 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. 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 stationPage **4** of **15**

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 level 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 The proposed UAS operations may achieve an equivalent level of safety a s achieved by

current Regulations because the applicant' s UAS do not carry any pilots or passengers nor property. The risks attendant to the Iti s believed that the operation and limitations 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 c ondition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no F AA regulatory s tandard 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. registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 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 capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot fl ying the UAS wi ll have immediate access to 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 manuals 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 In struction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. UAS and remotel y piloted aircraft, by their design do not have fully

f unctional 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 f unctional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety i s provided by

the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe 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 minimums prescribed, provided the person operating the helicopter complies with any route orPage **5** of **15**

altitudes 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

more 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 AGLwith the exception that in circumstanc es where the UAS is used to survey o r photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. Itwill however be operated in a restricted

area with security

p erimeter, where buildings and people will not be exposed to operations without their pre obtained consent. 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 b e 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 herein 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. Inaddition, the low altitude operations of the UAS will ensure separation between 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 regul ation requires each person operating an aircraft to maintain 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 may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may b e 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 of the l aunch site shown on the GPS altitude indicator before flight.

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 a fter that for at least 30 minutes; or (2) At night, to fl y after that for at least 4 5 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 tightl y controlled area where onl y people and property owners or official representatives who have signed waivers will be allowed does not engender the ty pe 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 p ower

- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywh ere 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 requiredPage **6** of **15**

by p aragraph (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 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry

c ertification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot fl ying 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 Inspection s. 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 chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 appl y onl y to aircraft with an airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very l imited in size and will carry asmall payload (camera) and operate only

in restricted areas for a limited period of time. If mechanical issues arise the UAS

can land immediatel y 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 maintenance, 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.

Christopher John Thomasson will operate one or more of the following model UAS.

**DJI Phanton 3, Standard, Professional and Advanced.** 

Safety requirements. The approval of this 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. Accordingl y, the applicant graciousl y requests that the FAA grant the requested exemption.

**A. The Reasons Why Granting**  **Christopher John Thomasson**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole:**  Granting the present Petition will further the public interest b y allowing Christopher John Thomasson to safely, efficientl y, and economically perform search & rescue, aerial inspections, and video photography of real estate properties over certain areas of the United States.

Additionally, use of the DJIPHANTOM 3 UAS’s will decrease congestion of the NAS , reduce pollution, crashes and accidents caused by pilot error and providePage **7** of **15**

significant benefits to the economy. Notabl y, the benefits of Christopher John Thomasson ’s proposed operation of the DJ I PHANTOM 3 UAS’s will be realized without implicating any

privacy issues.

**1. The Public Will Benefit From Decreased Congestion of The NAS:** The DJ I PHANTOM 3 UA’s are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized for search &
rescue, aerial inspections, and to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I PHANTOM 3 UA would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced . The DJ I PHANTOM 3 UAS’s do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting search & rescue and aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency of The**  **DJI PHANTOM 3**  **UAS’s:**

Conducting search & rescue, aerial inspections, and aerial acquisitions with the DJ I PHANTOM 3 UAS’s, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operation s. By using battery

power and electric motors, the DJ I PHANTOM 3 UAS’s produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized f or search & rescue, aerial inspections, and aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJIPHANTOM 3 UAS’s, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS’s are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJ I PHANTOM 3 UAS’s to perform search & rescue, aerial inspections, and aerial acquisitions, the substantial risk to life a nd property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. The DJ I PHANTOM 3 has a maximum gross weight of 45.1 ounces, a length of 16.2 inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately 33 mph. The UAS’s are equipped with four main rotors ; Driven b y Lithium Poly mer battery

powered electric motors., and with no fuel on board, has less physical potenti al for collateral damage to life and property on the ground, and inPage **8** of **15**

the air, compared to the manned aircraft that typi cally conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

**3. Performing Aerial Video and Photography Operations With The**  **DJI PHANTOM 3**  **UAS’s Will Benefit The Economy:**

In addition to being safe and efficient, the DJ I PHANTOM 3 UAS’s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operations of the DJ I PHANTOM 3 UAS’s will allow United States based companies remain competitive and contribute to growth of the U.S. economy. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJIPHANTOM 3 UAS ’s is one such technology

that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJ I PHANTOM 3 UAS’s can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I PHANTOM 3 UAS’s, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and

a broad.

**4. There Are No Privacy Issues:**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Christopher John Thomasson ’s proposed operation of the DJ I PHANTOM 3 UAS’s will not implicate any privacy issues. Specificall y, the DJI PHANTOM 3 UAS’s will be operated onl y in compliance with operating documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 3 Instruction Manuals) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**B . The Reasons Why Granting The Exemption Wou**  **ld Not Adversely Affect Safety,**  **Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Christopher John Thomasson Seeks**  **Exemption:**Page **9** of **15**

1. Reasons Why

The DJ I PHANTOM 3 UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Christopher John Thomasson ’s operation of the DJ I PHANTOM 3 UAS’s meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(i) In General.

--Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(ii) Assessment of Unmanned Aircraft Systems.

-- In making the determination

under subsection (a), the Secretary shall determine, at a minimum

— (a) which typ es of unmanned aircraft s ys tem (UAS), if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (b)whether a certificate of waiver, c ertificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1).

( iii ) Requirements for Safe Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.
In seeking this exemption, Christopher John Thomasson submits that the DJIPHANTOM 3 UAS’s can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) The characteristics of the DJ I PHANTOM 3 UAS’s; (b) The pilot certification requirement; and (c) The specific operating limitations.

**a. The Specifications of The DJI PHANTOM 3**  **UAS’s Demonstrate Its Safe Characteristics:** Page **10** of **15**

The DJ I PHANTOM 3 UAS’s do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **(**i) Technical Specifications of the DJ I PHANTOM 3 UAS’s. The technical specifications of the DJ I PHANTOM 3 UAS’s are set forth by the DJIPHANTOM 3 Specifications and Data Sheets, attached.

(i i) The DJ I PHANTOM 3 UAS’s Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. The DJI PHANTOM 3 UAS’s may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI PHANTOM 3 UAS’s is provided in the PHANTOM 3 user manuals.

( iii) The DJ I PHANTOM 3 UAS’s are designed for Automatic Return to Home Point or Hover In The Event of Loss of The Control Link or Navigation. When the Control Link is lost, the DJIPHANTOM 3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJ I PHANTOM 3 UAS’s do not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeo ff position and shutdown. A complete description of the Failsafe Functions of the DJ I PHANTOM 3 are set in the owner’s manuals,

(iv) The DJ I PHANTOM 3 G CS and its Operation. A complete description of the operation and specifications of the PHANTOM 3 GCS and flight control software is provided in the User Manuals.

**C. Flight Operations Of**  **DJI PHANTOM 3 UAS’s Are Limited To The Line Of Sight**  **Of A Certificated Pilot in Command With A Safety Observer:** 

Christopher John Thomasson will only utilize pilots who have been trained and meet the requirements to act as a pilot in command (PIC) of the DJ I PHANTOM 3 UAS’s. Additionally, a safety observer will assist all pilots during fli ght time.

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 pursuant to the following specific operating limitations:

**1.** Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS’sPage **11** of **15**

weighing less than 55 pounds maximum gross weight. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. **2.** UAS operations under this exemption will be limited to conducting operations for the purpose of search & rescue, aerial inspections, and aerial video and photography. **3.** The UAs may

not be flown at an indicated airspeed exceeding 35 mph. 4

**.** The UA mus t be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. **5**

**.** The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s government issued identification. **6.** The use of first person view (FPV) b y the PIC or safety observer (SO) is not permitted. **7.** All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability . The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. **8.** The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. **9.** The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The op erator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the op erator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. **10.** Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safePage **12** of **15**

flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. **11.** Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. **12.** The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. **13.** The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. **14.** The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and statu s of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. **15.** Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. **16.** The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. **17.** The operator may

not permit any

P IC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. **18.** Operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. **19.** UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. **20.** The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. ThePage **13** of **15**

letter of agreement with the airport management must be made available to the Administrator upon request. **21.** The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC. **22.** If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. **23.** The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordan ce with the operating documents. **24.** The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. **25.** The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. **26.** All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification markings in accordance with 14 C.F.R. part 45, Su bpart C. Markings must be as large as practicable. **27.** Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversi ght agency requirements. **28.** The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. **29.** The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. **30.** The UAS may

not be operated b y the PIC from any moving device or vehicle. **31.** Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: (a) Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; (b) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;Page **14** of **15**

(c) Operations nearer to the PIC, SO, operator trainees or essenti al persons do not present an undue hazard to those persons per § 91.119(a). **3 2.**  All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. **33.** Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

Conclusion:

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein.

Christopher John Thomasson will not allow any P ICto operate the DJ I PHANTOM 3 UAS’s unless that PIC has demonstrated, by meeting minimum flight

-hour requirements or the DJ I PHANTOM 3 UAS’s training and currency requirements, that the PIC is able to safely operate the DJIPHANTOM 3 UAS’s in a manner consistent with this exemption, including evasive and emergency

m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). Inaddition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

**CONCLUSION**

Christopher John Thomasson seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I PHANTOM 3 (Professional, Advanced, and Standard) UAS’s commercially
, without

an airworthiness certificate, for the limited purpose of conducting aerial video and photography

over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Christopher John Thomasson to safel y, efficientl y, and economically operate the DJ I PHANTOM 3 UAS’s commercially within the NAS.

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Christopher John Thomasson respectfully requ ests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &Page **15** of **15**

(a)(2), and 91.417(a) & (b), and permit Christopher John Thomas son to operate the DJ I PHANTOM 3 UAS’s commercially f or the purpose of conducting search & rescue, aerial inspections, aerial video and photography over certain areas of the United States.

The applicant Christopher John Thomasson be lieves this exemption request and associated safety considerations ad equatel y satisfy c riteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's UAS. I also feel it ’ s in the public’s interest on granting the exemption, as we can educate them at the same time. And all the positive sides of the new technology and the level of safety.

The applicant, Christopher John Thomasson
, requests yo ur respective approval of this Section 333 exemption petition request.

Thank yo u for yo ur attention in this matter. Please notif y Christopher John Thomasson of yo ur actions, and or approvals. Thank you, for your interest in this request.

Sincerel y,

Christopher John Thomasson (903) 852

- 3624
yo urhomeportrait@yahoo.com