U.S. Department ofTransportation · .· Docket Management System· 1200NewJersey Ave., SE Washington, DC20590 December 27,2015 Todd:'Gatherer 2129

## NW Bill ST Camas, WA 98607

..**'.(50~)** 250-2452

..**-·~-<~ .~~~um!iqq;.Reql!est**  Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal**Aviatmni~Begu•lations.** · ·**~** Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (Reform Act) and 14 CFRPart'11, I Todd Gatherer who is an owner and operator ofa DJI Phantom 3 Unmanned Aircraft Systems (UAS) equipped to conduct commercial aerial photography and videography in Portland, 

## Oregon: and SW·Washington areahereby applies for an exemption from the listed Federal Aviation Regulations (FAR) to allow commercial operation ofits UAS, so long as such operations are conducted within and underthe conditions outlined herein oras maybe established by the FAA as required by Section 333. ··· '' •' '3:: , The purpose ofMr. Gatherer's exemption to the FAA is to provide unmanned aerial seivice to a variety ofcommercial andprivate clients. This exemption will permit Mr. Gatherer to operate a UAS for commercial purposes to include: Aerial photography/videography Inspection ofhigh structures Agriculture support

- _Property/lan<i survey Wildlife survey/monitoring Real-Estate marketing. The UAS is smaller, lighter and more maneuverable than manner aircraft. The low altitude operations and the light weight ofthe UAS reduces current risk levels ofdeath or serious injury to crew orpersons onthe ground comparedto conventional manned aircraft. The small size and short flight times ofthe UAS will boost the aviation industry inthe Portland, OR and SW Washington area without overly congesting the already crowded airspace utilized by extensive commercial airline activity. A UAS operating below400 ft AGL makes it safer for boththe public and local airtraffic when conducting survey and monitoring work from the air.

1The name and address ofthe applicant is: Todd Gatherer 2729 NW Hill ST Camas, W A 98607 Email: tgatherer11 @gmail.com PAA Certificate #3824582 -Private Pilot Single Engine Land Mr. Gatherer is a licensed Private Pilot with over five years ofexperience flying in the Portland, Oregon and SWWashington area, with over a 100 hours ofloggedflight time. 

### Regulations from Which the Exemption is Requested: 14 CPR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CPR 91.9 (b) (2) 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR 91.151 (a) 14 CPR 91.405 (a) 14 CPR 407 (a) (1) 14 CPR409 (a) (1) & (2) 14 CPR417 (a) & (b)



### The Unmanned Air System (UAS) Description I, Todd Gatherer, planto use the DJI Phantom 3 Professional UAS. The Phantom 3 Professional is a quad-copter with four electric motors poweredby a battery and has gross weight ofaround 3 pounds. DJI is a leader inthe UAS market has a proven safety record allowing the Phantom 3 Professional to safely operate in the National Airspace System (NAS). The Phantom 3 Professionalhas numerous safety features which will minimize risk to persons and property on the ground. These features include; return to home, low battery warnings, and enhanced failsafe features such as auto takeoffand auto land. Safety is the number one concern for Mr. Gatherer. Any maintenance or repairto the UAS will be done in accordance withthe manufacturer and ifnecessary will be sentbackto the manufacturer for repair. Only manufacturer's authorized replacement parts will be used and under no circumstance will alterations orrepairs be made to the UAS outside ofthe manufacturer's recommendations.

2Pilot in Command (PIC) and Visual Observer (VO) The PIC will at a minimumwill have a Private Pilot's License and a current Third Class Medical or State Issued Driver's License. The PIC withoperate the Phantom 3 Professional in accordance withthe Owner's Manual. Pilots will take all necessary safety precautions before, during, and after every flight. In addition, the PIC will have at least one flight lasting 15 minutes or more in the last 30 days to be considered current and qualified to operate the UAS for commercial purposes. The PIC will document all flights dates and times in a pilots log book. All flights will utilize a Visual Observer (VO) who is familiar withthe Phantom 3 operations in accordance withthe owner's manual. The VO will be invisual and verbal range ofthe PIC and UAS at all times. The VO will be responsible for alerting the PIC ofany hazardjeopardizing

.safetyofflight (inthe air or onthe ground) and will have the authority to terminate the flight at any time. The VO will have to observe at least one flight lasting 15 minutes 6rmore hithela'St -,. 30 days to be considered current and qualified for commercial purposes. All VO dates and times will be documented in an approved log book. UAS Operations Shall the grant be approved Mr. Gatherer will operate underthe following conditions: 1. The UAS at all times will weigh less than 55 pounds to include the payload. 2. The UAS will not be operated at a speed exceeding 87 knots (100 miles perhour). Either groundspeed or calibrated airspeed will be used to determine compliance with the 87 knot speed restriction. In no case will the UAS be operated at airspeeds greater thanthe maximum UAS operating airspeed recommended by the aircraft Manufacturer. 3. The UAS will be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude will be reported infeet AGL. 4. The UAS will be operatedwithin visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate or U.S. driver's license. 5. All operations will utilize a visual observer (VO). The UAS will be operated withinthe visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may be usedto satisfythe VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannottransfer the PIC designation for the duration ofthe flight. The PIC will ensure that the VO can perform the duties required ofthe VO. 6. All operating documents will be accessible during UAS operations andmade available to the Administrator ofany law enforcement official upon request.

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7. Anytime the UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement ofa flight critical component, will undergo a functional test flight priorto conducting further commercial operations. Functional test flights will onlybe conductedby a PIC with aVO and will remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazardto persons and property. 8. I, Todd Gatherer, will be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection will account for all potential,discrepancies, e.g., inoperable components; items, or equipment.If**the,~,** inspection reveals a conditionthat affects the safe operation ofthe 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. 10. I, Todd Gatherer, will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and comply with all manufacturer safety bulletins. 11. PIC will at a minimumprivate pilot certificate. The PIC will 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, orthe Federal Government. The PIC will also meetthe flight reviewrequirements specified in 14 CFR 

### § 61.56 in an aircraft in whichthe PIC is rated onhis orherpilot certificate. 12. No PIC will be qualified to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistentwithhowthe UAS will be operated for commercial purposes, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR 

### § 61.51(b). 13. Flights for the purposes oftrainingthe operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistentwith how the UAS will be operated. Training operations will onlybe conducted during dedicatedtraining sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, andthe PIC will operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119. 14. UAS operations will notbe conducted during night, as defined in 14 CFR 

### § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

415. The UAS will not operate within 5 nautical miles ofan airport reference point (ARP) as denoted inthe current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted onthe current FAA-published aeronautical chart, unless a letter ofagreement withthat airport's management is obtained or otherwise permittedby a COA issued to Mr. Gatherer. The letter of agreement withthe airport managementwill be made available to the Administrator or any law enforcement official upon request. 16. The UAS will not be operated less than 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 17. The UAS will not operate in Class B, C, orD airspace or within 5 nm ofany airport without written approval from the FAA. 18. Ifthe UAS loses communications or loses its GPS signal, the UAwill return to a predetermined location withinthe private or controlled-access property using the return to home function. 19. The PIC will abort the flight in the event ofunpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conductthe intended operation andto operate after that for atleast 5 minutes or withthe reserve power recommended bythe manufacturer ifgreater. Flights will be terminated at 30 minutes or 25% battery whichever occurs first. 21. Documents used to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR 

### §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station ofthe UAS anytime the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request. 22. The UAS will remain clear and give way to all manned aviation operations and activities at all times. 23. The UAS will notbe operatedbythe PIC from any moving device orvehicle. 24. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UAS and/or debris in the event ofan accident. The operator will ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet ofthe UAS, flight operations will cease immediately in a manner ensuring the safety ofnonparticipating persons; and

5b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closerto those objects and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that it does notpresent an undue hazard. 25. All operations will be conducted overprivate 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. 26. Any incident, accident, or flight operationthattransgresses the lateral or vertical ''btiurttlatrestlfthe operational areawill be**rep~rted-totheFAA §~UAS-1ntegration**  ·

(AFS-80) within 24 hours. Accidents will be reportedto the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. Regulations from Which the Exemption is Requested: 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Becausethe UAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraftto have a private pilot's license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing onboard. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety provided bythe requirements included inthe Operation Specifications exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated withthe operation ofthe UAS are so diminished from the level ofrisk associated with commercial operations contemplatedby Part 61 when drafted, that allowing operations ofthe UAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a) & (b). 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 condition. As there will be no airworthiness certificate issued for the aircraft. Giventhe size of the aircraft and the requirements contained inthe Operating Specifications for maintenance and the use ofsafety check lists priorto each flight, an equivalent level ofsafety will be provided. 14 C.F.R. § 91.9 (b) (2): CivilAircraft Flight Manual in the Aircraft. This regulation states no person may operate a U.S.-registered civil aircraft

... (2) Forwhich an Airplane orRotorcraft FlightManual is not required by §21.5 ofthis chapter, unless there is available inthe aircraft a current approved airplane orRotorcraft Flight Manual, approved manual material, markings, andplacards, or any combinationthereof. The UAS, given the size and configuration has no ability orplace to carry such a flight manual onthe aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry such

6an item onthe aircraft. The equivalent level ofsafety will bemaintainedby keeping the flight manual/specifications at the ground control station where the PIC will have immediate access. The FAAhas issued the following exemptions to this regulation: ExemptionNos. 8607, 8737, 8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and10700. 14 C.F.R. §91.109: Flight instruction: This regulation establishes that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircrafthas fully functioning dual controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplishedthroughthe use ofa ground stationthatcommunicates withthe aircraft viaradio communications. The equivalent level ofsafety will be achieved providedbythe fact that neither a pilot norpassengers will be carried inthe aircraft and bythe size and speed ofthe aircraft. The FAA has approved exemptions for flight training without

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- aircraft. See ExemptionNos. 5778K and 9862A. 14 C.F.R § 91.119 Minimum Safe Altitudes This regulation establishes safe altitudes for operation ofcivil manned aircraft. The UAS will never operate above 400ft AGL. The low-altitude operations ofan UAS will ensure separation between out UAS operation andthe operations ofconventional aircraft that must comply with Section 91.119. 14 C.F.R. § 91.121 Altimeter settings This regulationrequires that aircraft shall maintain cruising altitudes byreference to an altimeter setting available within 100 NM ofthe aircraft. The UAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level (AGL) altimeter measurement above the takeoffpoint is transmitted via radio from the UAS on-board computer to the display screen held bythe PIC, providing a constantly updated AGL readout. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothe firstpointofintendedlanding, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes. The Phantom 3 is electric powered and equivalentlevel ofsafety is already achieved giventhe UAS will nottake offwhenthe battery level is at a certain point. Also, the manufacturer have integrated low and critical battery warnings andthe UAS has a "returnto home" function were the UAS will returnto its starting point once the battery has reach a determined level. 14 C.F.R. §91.405(a); 407(a) (1); 409(a) (1) and (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect ormaintainthe aircraft in compliance with Part 43. Given that these sections and Part43 apply only to aircraft with an airworthiness certificate,

7these sections will not apply to the petitioner. An equivalent level ofsafety will be achieved becausethese small UASs are very limited in size and will carry a small payload and operate only inrestricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediately andwill be operating from no higher than400 feet AGL, withthe vast majority of operations under 200 feet. As provided inthis document and the FlightManual, the PIC will ensure thatthe UAS is inworking order priorto commencing a flight. Summary Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthat publication is needed: I, Todd Gatherer, the operator ofa DJI Phantom 3 Professional UAS seek exemption from the

···•·**·'"-fcrlii:"OW~lati:on~"-~·~·· ~~** ..,..;..**~**....., ..", 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (1) & (2) 14 CFR417 (a) & (b) Approving this exemption will allow commercial operations ofthe UAS enhancingthe safety of the general public and reduce risk ofserious injury or death. This light weightaircraft will operate at speeds under 87 knots and at altitudes under 400ftAGL.

Sincerely,

# ~~~ Todd Gatherer

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