March 1 1 , 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590
**RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform**  **Act of 2012, and Part 11 of the FAA Regulations and FA**  **R’s.**

Dear Sir or Madam; In order to provide safe and environmentally

- friendly aerial photography & videography, mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, augm ented real estate listings, com me rcial videos, special events to include, but not limited to, weddings, private or public parties/events, promotional events, and other work related t o aerial photography in the NAS, I Daniel A. De Leo, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, would like to formally submit for exemptions from the following Section 333 regulations : **14 C.F.R. Part 21; 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; 14 C.F.R.**  **91.121; 1**  **4 C.F.R. 91.151(a);**  **14C.F.R. 91.215(b); 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).**  **Proposed UA**

**V/ UA** **S and Operations** I will be operating an Unmanned Aerial V ehicle ( UAV ) in the DJI Phantom 3 class of eq uipment . W eighing less than three pounds, it will always be flown at altitudes less than 400 feet, limited via software by its GPS and barometric sensors. It has a lithium ion powered battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas in accordance with FAA regulations. Having the aforementioned proposed exemptions will allow me to operate The DJI Phantom 3 UAV/UAS for commercial purposes of aerial photography and videography as a service to public and business interests, including: real estate photography and videography, wedding and private individual photography and videography, public and commercial photography and videography, and agricultural photography and videography. As a residen tial and commercial real estate agent, I intend to broaden the market for my services to include the area mentioned above, in serving the public/private interests of the community. As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently ap proved similar use of the DJI Phantom 3 series of UAV/UAS products. These particular UAV/UAS have proven reliable and safe flying machines managed by gyroscopically stabilized flight, ground detection, GPS

- aided navigation, a built

- in compass, blinking LE D lights, a manual and automatic fail

- safe “Return To Home” mode for safely returning to the take off point of origin, and propeller guards to protect both the UAV/UAS and theenvironment. This particular model combines state

- of

- the

- art, proven technology with high quality manufacturing and user friendly controls to ensure safe operation and eas y ma intenance and care. **Specific section(s) of 14 CFR which I see relief from, and the reason(s) why I seek relief:**
**14 C.F.R. Part 21: Air worthiness c**  **ertificates** Given the size and lim ited operating area associated with the UAV/UAS to be operated, an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045 , “...in all cases, an analysis of these criteria demonstrates that the UAS 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 air worthiness certificate without restrictions and conditions proposed.” **14 C.F.R. 45.23(b) : Aircraft**  **m arking and**  **i dentification**  **r equirements**  Because the DJI Phantom 3 series does not have a cabin, cockpit, pilot station, fuselage boom , or tail on which to mark large words, numbers, or phrases, I request exemption from the above regulation. However, in an effort to meet the intent of the above regulation, I, Daniel De Leo will ensure compliance with this regulation in the best way possible, by displaying the UAV/UAS registration number in the largest practicable lettering possible. **14 C.F.R. 61.113(a) & (b): Recreational, p**  **ri vate, and c**  **ommercial p**  **ilot p**  **rivilege and**  **l imitations**  Under 61.113(a) & (b), certified private pilots are limited to non

- commercial operations only. However, I am able to achieve an equivalent level of safety through current FAA Regulations of UAV/UAS operation and AMA safety guidelines (outlined in the summary of this document) without such a certification because of the a bove mentioned safety features of the DJI Phantom. According to Exemption No. 12045 in which the DJI Phantom 3 was authorized for similar operations, **“The FAA has previously declared that additional manned airship experience of a commercially certified pi**  **lot would not correlate to the airmanship skills necessary for similarly proposed operations**  **in previously issues exemptions to this regulation through Exemption Nos. 11062 and 11138.”**  Therefore, bearing any pilot license or certification will not ensure remote piloting skills of a UAV/UAS; the risks of operating the UAV/UAS are far less than the risk levels inherent in commercial activities with traditional aircraft given the DJI Phantom 3’s safety features and limited range and speed of the UAV/UAS. The FAA has approved similar exemptions to the above rule as evidenced in Exemption No. 12058. I respectfully ask for an exemption to the above regulation on these bases. **14 C.F.R. 91.7(a) : Civil aircraft airw** **orthiness** Because there is currently no certifi cate applicable to this UAV/UAS, it will be m y own personal responsibility to determine the air worthiness of the DJI Phantom 3 in accordance with its official operating manual. I, Daniel De Leo, will ensure that complete written and signed pre and post f light inspections of the propellers, motor, frame, landing stands, cameral and gimbal unit, connecting tablet devices, a compass calibration and properly ensured GPS locks as indicated by the DJI Phantom’s display of “Safe to Fly” me ssage will be performed before and after each flight, accurate records of which will be kept with the UAV/UAS storage and transportation apparatus at all times. These records will be dated, and will include total flight time for each flight.**14 C.F.R. 91.9(b) (2): Civil aircra ft flight manual, marking, and placard requirements**  As evidenced in Exemption No. 12045, since there are “...no pilots or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a safety/flight manual with the operator.” In addition to the official safety/flight manual provided by DJI upon purchase of the Phantom 3, following the AMA guidelines for safe flight operations and the FAA regulations for UAV/UAS operati ons will ensure a high level of safety. **14 C.F.R. 91.119: Minimum safe altitudes** I, Daniel De Leo, will ensure that the UAV/UAS does/will not fly at altitudes higher than 400 feet from ground level, by setting the maximum altitude at 400 feet in DJI’s pi lot application and ensuring that this is set before each flight as a part of the pre

- flight inspection process. Given the size, weight, and lack of fuel; combined with the operation lim itations listed above, the flight operation will be conducted with a greater level of safety than exists with current manned aviation operations. **14 C.F.R. 91.121: Altimeter settings**  The DJI Phantom 3 utilizes the latest GPI/GLONASS technologies as well as a barometric sensor with live data output to the tablet device att ached to the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achieved by using this method and technology. **14 C.F.R. 91.151(a): Fuel requirements for flight in VFR conditions** The DJI Phantom 3 is electrically powered by lithium ion batteries which are made by DJI specifically for this particular UAV/UAS . They are rated as providing no longer than 25 mi ns. Of flight time. Therefore, due to the limitations of the batteries, it is currently im possible to comply with part 91.151. **14 C.F.R. 91.215(b): ATC Transponder and altitude reporting equipment and use** The DJI Phantom 3 UAV/UAS is not equipped with a transponder. No transponder exists for the UAV/UAS which can be installed. I request relief from the regulation to the extent required to operate in areas in which a transponder is required according to the applicable regulations in this part. **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): Maintenance and inspection**
I , Daniel De Leo, will conduct pre

- post

- flight inspections and maintenance checks in accordance with the manufacturer’s guidelines as stated in the operations manual. If ma intenance is required, I will conduct a dedicated test flight to ensure safety before resuming commercial operations, and keep a written record of all maintenance performed on the UAV/UAS. **Public Interest and Public Safety** Aerial photography and videography provided to the public allows for a more cost

effective , safe, and environmenta lly friendly method to capturing imagery than its alternative; ma nned aircraft and helicopters. The latter are expensive to operate and maintain, create a high level of noise, and are much more hazardous due to their size and combustible fuel

- especially if flown at low altitudes required for some operations. I, Daniel De Leo, in addition to using m y UAV/UAS for commercial purposes, will also gladly offer my services free of charge upon requestby and with proper coordination to any official search and re scue or emergency services organization to benefit the public interest. Because of this, an increase of commercial activity and a gaining of more detailed understanding of private and/or farm land would help local and area communities by: reducing polluti on, risk, and operating costs by alternative aerial video and photography services such as ma nned airplanes and helicopters, reducing carbon emissions and traffic congestions by vehicles looking to view properties such as real estate, or farm land, and inc rease visibility to local attractions thereby bolstering local commerce and tourism. Given that there is no fuel and no crew in this UAV/UAS, that it weighs less than three pounds and has propeller guards, as well as having low maximum speeds (less than 2 5 mph), safe operation of this craft does not pose any immediate danger to the environment, wildlife, infrastructure or people. DJI has built in a “No Fly Zone” for major cities and points of interest that have registered as a “do not fly zone”. Operatio n of the Phantom 3 cannot happen in those areas, as any flight capabilities become blocked by the UAV/UAS itself if within range and the operator is notified. Given its GPS and ground sensing capabilities, a fail

- safe “Return To Home ” mo de will safely ret urn the craft to the operator at the push of a button or automatically when the craft is either low on power, or operating outside its transmitter range. This ensures that the craft will not remain airborne in unsafe conditions and pose any public danger. **Summary** Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, I, Daniel De Leo, hereby apply for authorization to conduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography & videography, mappin g, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, commercial videos, special events to include, but not limited to, weddings, private or public parties/events, promotional event s, and other work related to aerial photography in the NAS. The FAA has authorized exemptions for similar operations under Exemption Nos. 12045 and 12053. Alternatively, public and commercial interests had previously sought the use of unmanned aircraft to achieve what I can offer in a safer, more cost

- effective and environmentally friendly manner by not using combustible fuel, flying at safe altitudes, and strictly following the usage recommendations from DJI. Flights will not occur at altitudes over 400 feet, near an airport, over populated area, or above individual who are not protected. The requested exemptions would not adversely affect safety , and all safety precautions will be strictly observed such as detailed pre

flight planning, pre

- flight check list, equipment inspection, flight log, and communication with anyone onsite. Sincerely, Daniel De Leo 23 Bronson Pointe, #103 Lebanon, TN 37087 Daniel.deleo@yahoo.com 812

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