## GALACTIC HOLDINGS 22 Davewell Road South Windsor, CT 06074 troyh10@gmail.com 860-276-7726 January 19, 2016 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

RE: Petition for Exemption from Certain Federal Aviation Regulations, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. Dear Sir/Madam: In 2012, Congress passed the FAA Modernization and Reform Act (FMRA ). In Section 333 of that Act, Congress directed the Secretary of Transportation to consider whether certain unmanned aircraft ("UA'') may be operated safely in the national airspace system ("NAS") prior to the Federal Aviation Administration's (FAA) completion of the rule making Congress had ordered under the Act's Section 332. (FMRA §333(a)).

In making that determination, the Secretary is required to consider whether a UA, "as a result of [its] size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight does not create a hazard to users of the national airspace system or the public or pose a threat to national security,” and “whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49." (FMRA §333(b)).

If the Secretary determines "that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system." (FMRA §333(C)).

To that end, and pursuant to the FMRA's Section 333, and in accordance with the procedures set forth in 14 C.F.R. Sections 11.15, 11.61 and the relevant portions of 14 C. F. R. Sections 11.63 through 11.103, I hereby submit this petition for an exemption from certain of the Federal Aviation Regulations ("FARs") addressed more specifically below, so that l may operate a small NAS commercially in the NAS

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Petitioner takes no position with respect to what FAA regulations, if any apply to the proposed 1 operations. Petitioner assumes solely for purposes of this petition that the FAA’s position is an exemption from the indicted aviation regulations.


### 1THE PETITIONER:
My name and contact information is: Galactic Holdings Troy Heidtmann 22 Davewell Road South Windsor, CT 06074 860-276-7726 troyh10@ gmail.com I am a small business owner focusing in media and entertainment production. I have also been a photographer and videographer for many years. When I produce large scale productions I have to take into account many of the same safety principals as one would have to while flying, e.g. wind speeds, weather, etc.

Furthermore, I have been a hobby enthusiast for many years longer than I have been in the media and entertainment. I have been an avid RC helicopter and airplane advocate. I am also a member of the Academy of Model Aeronautics.

Although I have no formal manned flight training or certificates, through my hobby and profession I have connections to many licensed pilots ranging from recreational certificate holders to full on commercial pilots. My company would contract pilots on a per contract basis to fulfill any 333 exemption condition pertaining to licensed pilots.

This stands to reason that the FAA would believe that any commercial activities performed by my company would have a pilot who is well aware and has sufficient aeronautical knowledge and experience to operate a small UAV safely in the NAS.

THE UNMANNED AIRCRAFT: The UA that I am requesting to operate commercially is a Flight-Ready Chroma Drone with Stabilized CGO3 4K Camera with a ST-10+ Controller with Touch-Screen Display

.



### 2REASON FOR REQUESTING AN EXEMPTION: I intend to operate my UA commercially by conducting aerial photography and videography, both at the request of others and absent anyone's request, but in either case with the intent to create salable art.

THE EQUIVALENT LEVEL OF SAFETY: Due to the size, weight, speed and limited operational capabilities of the UA I intend to operate pursuant to an FAA-granted exemption, an equivalent or higher level of safety will exist than performing the same operations with a manned aircraft under existing regulations. I agree to be bound by the following limitations and conditions when conducting commercial operations with the UA under an FAA-granted exemption include:

• The UA will have a weight of 45.9oz, which is approximately 5% of the maximum allowable weight of 55 lb..

• The UA will have a maximum operating speed of no more than 14 mph, which is no more than 14% the speed of the maximum allowable operating speed of 100 mp h. Structure Plastic Connectivity Radio Frequency: 2.4ghz Height 242mm Motor to Motor Distance 400mm Weight 45.9oz Speed 15mph Control Range 2,600m Safety System If RF communication fails with the UA it will automatically land. If the controller fails it will automatically fly back to its origin. Flight Time 25-30 Minutes Battery 11.1V 3S 6300mAh Li-Po GPS GLONASS & U.S.
Control Software Android



### 3• All flights will be operated within line of sight of the Pilot in Command ("PIC") .

• The average maximum flight time for each operational flight will be under 5 minutes.

• AII flights will be operated at an altitude no greater than 100 feet Above Ground Level

.

• The UA operator will be a designated PIC.

• The PIC will plan the operations prior to each flight .

• The PIC will inspect the UA prior to each flight to ensure the UA may be flown safely and nor present any actual hazard to any persons or property.

• The PIC will be trained in the operation of the UA, and will have the requisite experience flying the type of UA to be flown.

REGULATIONS FROM WHICH EXEMPTIONS IS REQUESTED:

• 14 C.F.R. Part 21, Subpart H;

• 14 C.F.R. 61.113(a)&(b);

• 14 C.F.R. 91.9(b)(2);

• 14 C.F.R. 91.103(b);

• 14 C.F.R. 91.109;

• 14 C.F.R. 91.119;

• 14 C.F.R. 91.126

• 14 C.F.R. 91.127

• 14 C.F.R. 91.129

• 14 C.F.R. 91.130

• 14 C.F.R. 91.133

• 14 C.F.R. 91.137

• 14 C.F.R. 91.145;



### 4REASONS EXEMPTIONS FROM CERTAIN REGULATIONS ARE REQUESTED: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 14 C.F.R. §91.203(a)(1) establishes the procedural requirements for the issuance of airworthiness certificates required under FAR §91.203(a)(1). If the FAA believes this regulation applies to my UA, I request an exemption.

Both 49 U.S.C. §44701(f)) and Section 333 of the FMRA authorize the FAA to exempt certain aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed and operational capabilities. Due to the size, weight, speed and limited operational capabilities of the UA I intend to operate, an exemption from Part 21 Subpart H would satisfy the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA, as the FAA might believe is required for me to fly my UA commercially.

The UA l intend to operate weighs far less than 55lbs It carries neither a pilot nor a passenger. It carries no flammable liquid fuels. As such, the UA I wish to operate without an airworthiness certificate will be at least safe and indeed far safer than any manned aircraft operating WITH an airworthiness artifice issued under 14 C.F.R. Part 21, Subpart H. Moreover, the size, weight, speed, and limited operational capabilities of the UA I intend to operate demonstrate that it would present no credible threat whatsoever to national security.

14 C.F.R. §61.113(a) and (b): Private Pilot Privileges and Limitations. Pursuant to 14 C.F.R. 61.113 (a) & (b), 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. I request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, my UA may achieve an equivalent level of safety as achieved by current regulations because it does



### 5not carry any pilots, nor any passengers or property for compensation or hire. The risks attendant to the operation of my UA are far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. 61.

14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. This regulation provides that "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." I request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, it is not possible to carry such a flight manual onboard the aircraft, and there would be no pilot on board to read it. The equivalent level of safety will be maintained either by writing the operating instructions on the UA itself, or by keeping the operating instructions at the ground control point where l will be flying my UA, where I will have immediate access to it.

14 C.F.R. §91.103: Preflight Action. This regulation requires, in relevant part, that each pilot in command take certain actions before each flight to ensure the safety of flight, including familiarizing oneself with "runway lengths at airports of intended use, takeoff and landing distance information," and "other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature." request an exemption from this regulation.

Since l will not be taking off from or landing upon any airport runways, takeoff and landing distance information, airport elevation and runway slope will not be relevant to my UA operations. Given the size, weight, speed and limited operational capabilities of my UA, aircraft



### 6gross weight, and wind and temperature will also not be relevant to my UA operations. Lastly, FAA-approved flight manuals do not exist for my UA. Nonetheless, l will still take all actions necessary pre-flight actions to ensure the airworthiness of
t he UA and the safety of each flight. Given the size, weight, speed and limited operational capabilities of the U/\ to be flown the equivalent level of safety will be provided.

14 C.F.R. §91.109: Flight Instruction

. This regulation 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 fully functioning dual controls. I request an exemption from this regulation.

I have no intention to, nor will I, use my UA to conduct flight instruction, nor are dual controls technically possible with my UA. Therefore, an equivalent level of safety will be provided

.

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 or altitudes prescribed for helicopters by the FAA. I request an exemption from this regulation.

As set forth above, the UA I intend to operate will never operate above 100 feet. The equivalent level of safety will be provided due to the size, weight, speed and limited operational capabilities of the UA. Compared to flight operations with manned aircraft weighing far more than the 45.9 ounce UA I intend to fly, coupled with the lack of flammable fuel, any risk associated with my intended operations is essentially nonexistent when compared to those presented by manned aircraft operating at or below 500 AGL. In addition, the extremely low-altitude operations of the UA I intend to fly will ensure significant separation between the UA operations and the operations of manned aircraft that must comply with Section 91.119.



### 714 C.F.R. §91.126 Operating on or in the vicinity of an airport in Class G airspace. This regulation requires, in relevant part, that each person operating an aircraft on or in the vicinity of an airport in a Class G airspace area must maintain two-way radio communications with the control tower prior to 4 nautical miles from the airport. I request an exemption from this regulation.

14 C.F.R. §91.127 Operating on or in the vicinity of an airport in Class E airspace. This regulation requires, in relevant part, that each person operating an aircraft on or in the vicinity of an airport in a Class E airspace area must maintain two-way radio communications with the control tower prior to 4 nautical miles fr om the airport. I request an exemption from this regulation.

Since the UA to be flown does not and cannot have a two-way radio, and give the size, weight, speed, and limited operational capabilities of the UA an equivalent level of safety will be provided.

14 C.F.R. §91.129 Operations in Class D airspace. This regulation requires, in relevant part, that each person operating an aircraft in Class D airspace must comply with §§91.126 and 91.127 and the two-way radio communications with the control tower prior to entering that airspace and thereafter maintain those communications while within that airspace. I request an exemption from this regulation. Since the UA to be flown does not and cannot have a two-way radio, and give the size, weight, speed, and limited operational capabilities of the UA an equivalent level of safety will be provided.

14 C.F.R. §91.130 Operations in Class C airspace. This regulation requires, in relevant part, that each person operating an aircraft in Class C airspace must comply with §91.129 and that



### 8the aircraft must be equipped with the applicable equipment specified in §91.215 (a transponder and automatic altitude reporting equipment). I request an exemption from this regulation. Since the UA to be flown does not and cannot have a two-way radio, and give the size, weight, speed, and limited operational capabilities of the UA an equivalent level of safety will be provided.

14 C.F.R. §91.131 Operations in Class B airspace. This regulation requires, in relevant part, that each person operating an aircraft in Class B airspace, must comply with §91.129; must receive prior ATC clearance from the ATC facility having jurisdiction for that area; must hold a certain level of pilot certification; and the aircraft must be equipped with the applicable equipment specified in §91.215 (a transponder and automatic altitude reporting equipment). I request an exemption from this regulation. Since the UA to be flown does not and cannot have a two-way radio, and give the size, weight, speed, and limited operational capabilities of the UA an equivalent level of safety will be provided.

14 C.F.R. §91.133 Restricted and prohibited areas. This regulation requires, in relevant part, that no person may operate an aircraft within a restricted area (as designated in Part 73), contrary to the restrictions imposed, or within a prohibited area, unless that person has the permission of the using or controlling agency, as appropriate. I request an exemption from this regulation.

Since the UA to be flown would not present any credible threat to anything or anyone restricted and prohibited areas are intended to protect, and given the size, weight, speed and limited operational capabilities of the UA, an equivalent level of safety will be provided.



### 914 C.F.R. §91.137 Temporary flight restrictions in the vicinity of disaster/hazard areas. This regulation requires, in relevant part, that no person may operate an aircraft within an area designated by the Administrator though a Notice to Airmen (NOTAM), as one in which temporary flight restrictions apply due to certain hazards or conditions unless certain conditions are met. I request an exemption from this regulation. Since the UA to be flown would not present any credible hazards to persons or property on the surface, and given the size, weight, speed and limited operational capabilities of the UA an equivalent level of safety will be provided

.

14 C.F.R. §91.145 Management of aircraft operations in the vicinity of aerial demonstrations and major sporting events. This regulation provides that the FAA will issue a Notice to Airmen (NOTAM ) designating an area of airspace in which a temporary flight restriction applies when it determines that a temporary flight restriction is necessary to protect persons or property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft in the vicinity of an aerial demonstration or major sporting event. I request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, the UA would not present any credible hazard to persons or property on the surface or in the air; it will not have any effect on air safety and efficiency; and will not cause any unsafe congestion of aircraft in the vicinity of an aerial demonstration, major sporting event, major festival, or major outdoor concert and an equivalent level of safety will be provided.

HOW GRANTING AN EXEMPTION WOULD BE IN THE PUBLIC INTEREST: Granting an exemption is in the public's interest because: (1) I t would further the goals of Congress and, in turn, the interests of the people it



### 10represents. Congress ordered the safe integration of UA into the NAS. I am requesting to be part of that safe integration and therefore l am furthering Congress's (and the people's goals);

(2) T he risk presented to life and property (both in the air and on the ground) would be reduced significantly or eliminated entirely as compared to similar operations using manned aircraft. The level of safety surrounding my proposed operations benefits the public because it presents a significantly lower, if any, risk to persons or property in the air or on the ground. Its environmental impact is all but non-existent-it emits no emissions and minimal noise. and it presents no danger to national security; and

(3) I t would further demonstrate the guarantees provided to all persons under the First Amendment to the United States Constitution to express oneself freely. I want to express myself by creating art. The desire to sell that art is irrelevant. Newspapers, books, magazines, paintings and sculptures are all different types of protected expressions of speech, and each type may be sold without losing that protection.

Therefore, for the above-stated reasons, my request for exemption is in the public interest.

SUMMARY OF REQUEST FOR FEDERAL REGISTER: In accordance with 14 C.F.R. §11.81 (f), a summary of my Petition for Exemption request is provided for publication in the Federal Register. Galactic holdings ("the Petitioner"), is requesting exemptions from the following Federal Aviation Regulations to the extent the FAA believes they would apply to my UA:

• 14 C.F.R. Part 21, Subpart H;

• 14 C.F.R. 61.113(a)&(b);

• 14 C.F.R. 91.9(b)(2);

• 14 C.F.R. 91.103(b);

• 14 C.F.R. 91.109;



### 11• 14 C.F.R. 91.119;

• 14 C.F.R. 91.126

• 14 C.F.R. 91.127

• 14 C.F.R. 91.129

• 14 C.F.R. 91.130

• 14 C.F.R. 91.133

• 14 C.F.R. 91.137

• 14 C.F.R. 91.145;
The exemption is requested since the FAA might consider my UA to be an "aircraft" under the federal definitions of the word, and that an exemption from certain FARs would be required in order to operate a small, 45.9 ounce, camera-equipped unmanned powered drone to create salable art.

If granted, the exemption would permit the Petitioner to use the UA to operate in any class of airspace and at any time of day. If granted, the Petitioner intends to operate the UA at all times below an altitude of 400ft 1\GL, but in accordance with no relevant FAA regulations. nonetheless, the Petitioner will conduct all operations with the full regard for the safety of manned aircraft in flight and persons and property on the ground.



### 12CONCLUSION : I am entitled to submit a petition for exemption from regulations that would burden me if (1) I can provide a level of safety at least equal to that provided by the rules from which I seek the exemption, and (2) my request is in the public interest.

With this petition I believe l have done just that. It is my belief that this request for exemption from certain FARs is reasonable, logical and is exactly what Congress intended FMRA Section 333 to contemplate, and that it fulfills procedurally what a Petition for Exemption requires.

I have explained how my intended UA operations would provide an equivalent level of safety to each of the relevant FARs, mostly based upon the extremely small size, diminutive weight, low speed and limited operational capabilities of the UA to be flown.

I have also explained how my intended UA operations would be in the public interest. It would further the goals of Congress, it would reduce the risk of hazard to persons and property and it would be in harmony with the First Amendment.

I believe I have provided more than enough justification for the grant of the requested exemption the FAR might believe is necessary for me to operate my UA commercially in the NAS. Accordingly, I request that the FAA grant the requested exemption without undue delay. Thank you in advance for your time and consideration.

Sincerely,

Troy Heidtmann



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