July 29 , 2015 Trace Norton 2429 Dorian Drive

. Cincinnati, OH 45215 **FAA** Docket Management Facility U.S. Department of Transportation 1200 New Jersey

Avenue, SE West Building, Ground Floor, Room W12

- 140 Washington, DC 20590 To whom it concerns, I, Trace Norton , operator of an Unmanned Aircraft Sy stem (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of my UAS, so long as such operations are conducted within and under the condit ions outlined herein or as may

be established by

the FAA as required by

Section 333. **UAS Type** DJIPhantom 3 Professional **UAS Specs/Documents and Manuals** http://www.dji.com/product/phantom

- 3/spec http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.pdf http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery _Safety _Guidelines_en.pdf http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf **PIC Background** I, Trace Norton, am a current aircraft dispatcher for a P art 135 carrier based out of CVG international airport. I work for Ameriflight Inc. and have been there for 7 months. My certificate number is 3697655. In addition to my dispatch license, I also possess a current private pilot license #3697655 with a third class medical certificate as well. I have been fl yi ng m y specific drone for 3 months and have accumulated nearl y 100 hours of flight time. I have been using various visual observers for my flights and they help ensure my drone is safe while in the air. Trace J. Norton 513

- 307

- 1424nortontrace@ yahoo.com

2429 Dorian Drive Cincinnati, OH 45215 **Aircraft Rules and Safety** I, Trace Norton, will adhere to all of the following limitations and conditions when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM): 1. The UAS will weigh less than 55 lbs. and have a maximum operating speed of no more than 50 mph. 2

. Op erations for the purpose of closed

- set motion pic ture and television filming are not permitted. 3

. The UA must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman m edical certificate or U.S. driver’s license. 4

. Flights will be operated at an altitude of no more than 40 0 feet Above Ground L evel (AGL) 5
. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at a ll times. The VO may be used to satisfy

the VLOS requirement as long a s the PI C alway s maintains VLOS capability . The VO and PI C must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. T he PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must en sure that the VO can perform the duties required of the VO. 6

. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted b y a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and propert y. 7
. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation 8

. Prior to each flight, the PI C must conduct a pre

- flight inspection and dete rmine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. 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 safe flight

.9

. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and li fe limit requirements for the aircraft and aircraft components. 10

. Each UAS operated under this exemption must comply with all manufacturer safet y bulletins. 11

. Under this grant of exemption, a PI C must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PI C must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory , a possession, or the Federal 5 government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate 12

. The operator will obtain verbal/written consent of all persons involved with the planned o peration and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 3 0 feet based upon an equivalent level of safet y determination. With the advance permission of the FSDO, operations at closer range may be approved. 13

. The operator may

not permit any

PIC to operate unless the PI C demonstrates the abilit y to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emer gency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operato r’s PICs and VOs (training, proficiency , and experience

- building) and determining the PI C’s ability

to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. How ever, training operations may

only 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 PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 14

. UAS operations may

not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized

. 15

. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

determined location within the private or controlled

- access property
. 16

. The UAS will have the capability to abort a flight in case of unpredictable obstacles, weather or emergencies. 17. The UA may

not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory

(AFD) or for airports not denoted with an ARP, the center of the airport sy mbol as denoted on the current FAA

- publis hed aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by

a COA issued to the exemption holder. The letter of agreement with the airportmanagement must be made available to the Administrator or an y law enforcement official upon

request. 18. 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 PI C. 19. The PI C must abort the flight in the event of unpredicted obstacles or emergencies. 20. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater

. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. Th e 6 exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 22. Documents used b y the operator to ensure the safe operation and flight of the UAS and an y documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS an y time the aircraft is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 23. The UA must remain clear and give way to all manned aviation operations and activities at all times. 24. The UAS may

not be operated b y the PIC from any moving device or vehicle. 25. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 nonparticipat ing 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 immediatel y in a manner ensuring the safet y of nonparticipating persons; an d b. The owner/controller of an y vessels, vehicles or structures has granted permission for operating closer to those objects and the PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PI C, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 26. All operations shall be conducted over private or controlled

- access property with permission from the property

owner /controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 27. Any incident, accident, or flight operation that transgresses the lateral or vertical bo undaries of the operational area as defined b y the applicable COA must be reported to the FAA's UASIntegration Office (AFS −80) with in 24 hours. Accidents must be reported to the National

Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. As described fully below , the requested exemption would permit the operation of sUAS under controlled conditions in the NAS that would be: a) Limited b) Controlled c) P redetermined and will provide safet y enhancements to the already safe operations in the industry presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safet y and fulfill the Secretary of 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.” **Regulations from which the exemption is requested:** 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b) 14 C.F.R. Part 21: A irworthiness Certificates Given the size and limited operating area associated with the aircrafts to be utilized by I, Trace Norton , an exemption from Part 21 meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the refo rm Act. In all cases, an analy sis of these criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed. 14 C.F.R. 45.23: Display of marks: general I request an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, I state that two
- inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, I state that I will mark his UAS in the large st possible lettering b y placing the word “Experimental” on its fuselage as required by § 45.29(f) so that he or an yone assisting him as a spotter will see the markings. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command The FAA has previously

declared that additional manned airship experience of a commerciall y certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138. 14 C.F.R 91.7: Civil aircraft airworthiness Currently , since there is no certificate applicable to the UAs in question, this regulationis inapplicable.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements Requires an aircraft flight manual in the aircraft, however there are no pilots or passengers on board this aircraft and given its size, this regulation is inapplicable. An equivalent level of safet y will be achieved b y m aintainin g a safet y/ flight manual with the operator. 14 C.F.R. 91.119(c): Minimum safe altitudes As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the terms “congested areas” and “densel y populated”. The petitioner requests waiver f or this condition to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required. The petitioner will primarily operate the UAS between ground level and 200 feet. The UAS will be operated over designated properties wi th the owner’s consent and while maintaining a safe distance from persons. The petitioner will compile flight data from the logs. This data may assist the FAA in development of regulations for commercial operations in low

- risk, controlled environments. 14 C.F.R. 91.121: Altimeter settings The UAS utilize electronic GPS with a barometric sensor. An eq uivalent level of safet y will be achieved b y using this. 14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions The UAS that I will fly

are po wered b y el ectricit y, using lithium poly mer batteries that currentl y have a flight limit of approximately no more than 25 minutes. Information about batteries can be found in the Operator’s manual. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PI C will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in day

time VFR conditions was reasonable. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required Currently , there are no procedures for providing airworthiness certificates for the mentioned UAS. I, Trace Norton , however will alway s fl y safely while having the manuals of the DJ I Phantom 3. I state that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they onl y appl y to aircraft with an airworthiness certificate. However, I state that as a safety precaution I will perform a preflight inspection of his UAS before each flight as outlined in my operating documents. Maintenance inspections may be required and sh ould be granted since they onl y apply to aircraft with an airworthiness certificate

. I will also follow manufac turer recommendations from operating documents.My

UAS is a multi

- r otor craft weighing less than 55 lbs. including payload. Under normal conditions it operates at speeds of no more than 50 knots and has the ability to hover and move along a vertical and horizontal plane simultaneously. It will be operated within line of sight and within a closed off and predetermined area owned and operated b y the property representative or requesting agency

. Given the small size of the sUAS and the controlled environment provided, the proposed operations will adhere to the Reform Act’ s safet y requirements. The approval of this application presents no national security issues. **Risk/ Public Interest**  I have reviewed FAA exemptions reference’s 1

- 3 Conditions and L imitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safet y. A preflight checklist will be developed and employed to ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained b y performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone co mponents. These documents will be m ade available to the FAA and so to assist in future implementation of safety standards and regulations. The petitioner will only operate the UAS over designated properties with the owner’s consent. Flight plans will be pr edetermined to limit the UASs flight time and limit safety concerns. The petitioner will take into account distance from persons and potential flight obstacles prior to operating the UAS. UAS operation will alway s be within VLOS of the PI C and the observer

. **Public Interest** Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in the environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption by the Appli cant is in the public interest. Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fue l. Additionally , use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benef its of their desired photographic subjects that cannot be display ed through ground level videograph y/

photography . Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photograph y. Aerial surveying and ins pections can increase work site efficiency , improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer will be utilized. Flight data including UA flight time, Control Unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this appli cation. This data may be submitted to FAA via traditional means or other means as required.**Aircraft Specifications**

I request to operate a DJ I Phantom 3 Professional along the guidelines of the accompan yi ng DJ I Phantom 3 Operator’s Manual, Quick Start Guide, Flight Battery Safet y Guidelines, and the Safety Guidelines Disclaimer. This UAS will be equipped with a non

- det achable camera along with propeller guards and it will be transported in a hard shell case. I will have a direct live feed to my tablet device so that Imay see a direct point of view of m y fl yi ng. This proposed exemption would allow me operation of a UA S in the NAS for the purpose to serve the public and to businesses. This specific UAS was chosen because it has proven reliable flying capabilities managed by gy ro stabilized flight, ground detection, GPS aided navigation, a compass, blinking LEDs, and a failsafe mode that would allow for returning to a selected home point. I plan comme rcially

to use my

DJ I Phantom 3 Professional for the following purposes: 1. Aerial photograph y and/or video for public and/or pri vate use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aeria l photograph y and/or video for public and/or private use including public events, weddings, ceremonies, cinematograph y and public gathering s . 3. Aerial inspection s/photograph y of residential/commercial structur es under contract with the owners or local go vernment authority

. 4. Aerial inspections/photograph y of residential/commercial utility infr astructure including but not limited to electrical power lines, wind turbines and cell towers. All flight operations are to be performed with safety as its numbe r one priority . Operations will be pe rformed onl y at the request of and with the autho rization and permission of clie nts or their authorized agents in order to facilitate commerc e and raise awareness of the be neficial uses of small unmanned air s ys tems. **Conclusion** I am requesting this exemption for the purposes of “aerial photograph y, cinematograph y, videograph y, inspections and other flight operations”. The reason for such a general and broad based request is that I wish to utilize a business strategy o f horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. My business model is b ased on the idea of offering small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby . I have refrained from engaging in commercial use of the UAS. The primary purpose of seeking this exe mption is to obtain the capability

to offer those services while remaining in compliance. I have 16 ye ars of flying drones and various RC aircraft as hobb y. Thank you for your time and consideration, Trace J. Norton