Date: March 12, 2016

Cody R. Graham PO Box 81377 Fairbanks, Alaska 99708 Codyrg104@aol.com (907)

- 727

- 5788
**Subject: Exemption Request**

- **Section 333 of the Federal A viation A** **dministration Reform A** **ct of 2012** - The petitioner (Cody R Graham) is seeking exemption from the below listed FARs under Section 333 of the FAA Reform Act to allow the operation of the DJI Phantom 3 Advanced sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA). This grant of exemption will permit the petitioner to operate the UAS for commercial photography, videography, and live -feed purposes.

**Dear Sir or Madam,** This doc ument constitutes an exemption r equest under Section 333 of the FAA Modernization and Reform Act of 2012 for a Small Unmanned Aerial System (sUAS) to perform Aerial Photography & Videography by/for Cody Graham. The main use of this UAS would be taking real estate photos and videos commercially . The sUAS system that I plan to use is a DJI PH ANTOM 3 Advanced. Below are a few points to note about the system itself and intended usage.

1. The safety concerns to the UAS and/or persons and/or property will be kept to a minimum by always flying the UAS within visual eye contact, less th an 400 ft ab ove ground and not directly above persons or public events . The orientation of flights will be such that the pilot in command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety features on the DJI PHANTOM 3 Advanced inclu de return to home feature, low battery voltage warning s, GPS attitude flying, and constant flight recording modes. In addition to these, there are multiple fail safe modes and features , all allowing safe flight with minimal risk

. Please see this flight manual for more information on these modes and safety features. 2. Preflight inspection would consist of checking battery condition/level i n both the transmitter and sUAS. The re is a link ing feature will not let the UAS start if communication is not established. A check for
power-lines, antennas and other overhead objects would be performed. Wind conditions will be monitored and always taken into consideration before and during flight. A check of all systems and motors would be performed, as well as a propeller check. The aircraft itself performs a self

- check before every flight, and displays the information on the controller. A check for any TFRs would also take place before each flight. 3. The radio frequency of the DJI PHANTOM 3 Advanced is in 2.400GHz - 2.483GHz range. Maximum take

- off weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s. Maximum flight speed 16 m/s (no w ind). 4. The PIC will be me, and I have a minimum of 50 plus flights with the DJI PHANTOM 3 advanced in a hobbyi st manner without any incidents, and fly several times a week. 5. I am in sound medical and mental health, with a current FAA class 3 medical c ertificate. 6. The primary use of this DJI PHANTOM 3 Advanced drone is to provide aerial images and video to real estate companies and commercial properties - an option tha t had not been viable for these businesses until the recent boom in drone popularity

. I also would be available for search and rescue missions as needed.7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata

recorded on a hard drive. This data would be kept readily available fo r a period of 1 year after each aerial flight for hire. 8. In use flight time for UAS operation during real estate p rojects would be no more than 20 minutes at a time. Each battery lasts approximately 25 minutes of uninterrupted flight. With multiple batteries, I

wou ld be able to provide several sessions at a time, each 20 minutes with an aircraft inspection between each flight. 9. Proximity of local airports: There are several airports in the city I would be primarily operating from, Fairbanks, Alaska. The primary is Fairbanks International, (PAFA). Also in the area are Ladd Air Force Base (PAFB) and Metro Field. All are within class D airspace. The UAS will n ot be operated w ithin 5 miles of either airport without prior written permission from the Flight Standards Office and notification to the controlling agency and tower. Note: The latest fi rmware for the DJI PHANTOM 3 Advanced w ill not al low the drone to op erate within a no f ly zone or within 5 miles of center of airports in compliance to FAA rules and regulations. I would also always check for any restrictions, suas, and TFRs before flight.
**Request for an exemption/relief from Title 14, Code of Federal Reg ulations Part 21**  Along with Sections: 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R . 91.119 (a) (b) & (c) 14 C.F.R. 91.121 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a) (1) 14 C.F.R. 91.409 (a) (2) 14 C.F.R. 91.417 (a) & (b)
**The petitioner requests relief from the follo wing regulations:**  **Part 21** prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthin ess approvals. **Section 45.23** (b) prescribes, in pertinent part, that 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 cert ificated aircraft, the operator must als o display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not les s than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light -sport,” “experimental,” or “provisional,” as applicable. Reason for relief: The body of the DJI Phantom is too small to support this size of markings, nor has a cockpit or cabin. **Ac tion:**  The UAS will be marked with the owner’s name (Cody Graham) and contact information as large as reasonable . In addition, the serial number is on the sUAS, and searchable online. **Section 61.113** (a) & (b) prescribes that

— (a) no person who holds a priva te pilot certificate may act

as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in comma nd of an aircraft in connection wit h any business or employmen t if: **Reason for relief:** (A) & (B) The flights are only incidental to the business of photography. This U AS is
too small to carry a pilot or passenger and will not carry or deliver any personal property for hire.**Ac tion:**  The only payload for this exemptio n is a fixed camera. No other payload/payloads will be

allowed. **Section 91.7(a)** prescribes, in pertinent part, that no person may operate a ci vil aircraft unless it is in

an airworthy condition. **Reason for Relief:** Airworthy condition is not defined in the DJI PHANTOM 3 Advanced manual. **Ac tion:**  An airworthy preflight inspection would be checking batt ery condition/level in both the transmitter and UAS. The binding/link feature will not let the Phantom Advanced start up if communication is not established. A GPS signal and “home Point” will be recorded prior to any flight. All motors and propellers will be given an inspection before each flight. The aircraft performs a self

- check, with results visible on the controller. **Section 91.9(b)(2)** prohibits operation of U.S. -registered civil aircraft u nless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. **Reason for relief:** The manufacture does not have an approved Airplane or Rotorcraft Flight Manual. There is not a place for placards or a manual on board the aircraft. **Ac tion:**  I will follow the preflight checklist that is included in the user manual. This includes a visual inspection of the UAS and all its parts. Flight will be grounded if any p arts are damaged or not in good working order. I will have the manual with me during commercial flights. **Section 91.119** (a) (b) & (c) prescribes that, except when necessary for ta keoff or landing, no person

ma y operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowi ng, if a power unit fails, an emergency landing without undue hazard to persons or pr operty on the surface. (b) Over congested areas. Over any congested area of a city, to wn, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, exce pt over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. **Reason for relief:** This sUAS Phantom quad

- copter at most times wou ld be operated at less than the minimums prescribed in paragraph (b) or (c) of this section. The regulation stat es that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since t he typical photo assignment would be photography o f real estate structures and or vacant land it would be necessary to operate closer than 500 feet. Also, according to current regulations for sUAS, it would be required to operate less than 400ft AGL. **Ac ti**  **on:** Operations will only be flown over property where permissio n has been obtained and careful
pre -planning has been performed. If/when the low battery LED flashes t he UAS will be landed in a safe manner. Due to the small size and weight of the Phantom 3 a dvanced, the hazard to persons, vehicles and structures is minimal compared to manned aircraft. **Section 91.121** requires, in pertinent part, each person operating an aircraft to maintain cru ising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure. **Reason for relief:** The Phantom 3 Advanced is not equipped with an a ltimeter. There is no minimum cruising speed as it hovers, and it will not be launched from a n airport. There is a GPS altitude that is relayed to the controller at all times. **Ac tion:**  The AGL altitude will be less than 400 feet shown, and can be programmed into the aircraft not to exceed that altitude. Consideration will be placed on the rising an d falling of terrain levels. **Section 91.405** (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected.**Reason for relief:** There is no certified inspection facility and the Phantom 3 Advanced will not power

on i f it fails the self

-test at power on. I will also not fly the aircraft if it does not pass my personal preflight inspection. **Ac tion:**  In the event that the Phantom 3 Advanced needed inspection for any major or intermittent problems it would be sent to the manufacturer for repair or replacement. **Section 91.407** (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterat ion unless it has been approved for return to service by a person authorized under section 43.7 of the same chapter. **Reason for relief:** Replacement of pro ps, motors, and batteries will be allowed by the operator. In addition, updating firmware when required will be done by operator. No authorized pers on will need to sign off on such repairs, other than the operator. **Ac tion:**  Parts will be genuine factory replacement. Only manufacture approved firmware will be uploaded. **Section 91.409** (a) (2) prescribes, in pertinent part, that no person may ope rate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for t he issuance of an airworthiness certificate in accordance with part 21 of this chapter. **Reason for relief:** There is no certified inspection faci lity or process for the Phantom 3 Advanced. **Ac tion:**  When any flight or intermittent problem become apparent and is not remedied by a simple repair the entire UAS would be sent for repair or replacement to the manufacturer. **Section 91.417** (a) & (b) prescribes, in pertinent part, that a registered o wner or operator shall keep the following records for the periods specified in paragraph (b) of this section: **Reason for relief:** Due to the simplicity, siz e and limitation of the Phantom 3 advanced, these records would not be necessary . However, any changes to the sUAS would be recorded and logged appropriately. **Ac tion:**  All photo flights for hire would have the date, time, GPS coordinates a long with the camera metadata recorded . This data would be kept readily available for a period of 1 year after each aerial flight for hire, as well as maintenance logged into the pilot log book.

**Public Interest:** Granting my request would be in the public interest by giving an opport unity for real estate and commercial properties to offer safer and more competitively priced aerial photography and videography to the general public. It would be done with minimal risk, and with minimal environmental impact. **Ad versely** 

**affect safety:** This exemption would not adversely affect the safety of the general public due to the size, weight and keeping the UAS in visual sight. In compariso ns to aerial photography from a manned aircraft, low altitude photography from a UAS would be safer an d have less of an environmental impact.

**Conclusion:** The petitioner (Cody R Graham) is requesting this exemption for the purposes of aerial photography, cinema tography, videography, mapping, inspections and other flight operations . I want the opportunity to work in the real estate and with commercial building ow ners to o ffer a new perspective to their clients.

Sincerely,

Cody R Graham