# Petition for exemption section 333

U.S. Department of T

ransportation Docket Management Sy stem 1200 New Jersey

Av e. SE Wa shington, DC 20590 Robert J. Ardy 521 N Mercado Dewey A Z 86327 951 - 567 - 4290 Robardy @gmail.com FAA 3593042CFI Re: Exemption Request Section 333 of the F AA Reform Act and Part 1 1 of the Federal Av iation Regulations from 14 CFR 61.1 13 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F .R. 91.103 14 C.F . R. 91.1 19 14 C.F .R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a ) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F .R. Part 1 1, “Robert Ardy”., operator of Small Unmanned Aircraft Sy stems (“sUASs”) equipped t o conduct aerial photography and videograph y for infrastructure inspection to include, power line, pipeline right of way

, towered antennas, as well as developed and undeveloped land and private and commercial real estate, hereb y applies for an exemption f rom the listed Federal Av iation Regulations (“F ARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established b y the F AA as required b y Section 333.1 I w ould like to operate a DJIPhantom 3 Professional and a DJ I Inspire 1, for aerial survey of lands both developed and undeveloped as well as for real estate photograph y/videography as well as infrastructure inspections. I am a commerciall y rated helicopte r pilot and flight instructor currentl y working in the utility industry flying a Bell 206B3 for pipeline inspections. Ihave over 1300 hours total time with roughl y 300 hours of pipeline inspection. I have also piloted helicopters for commercial filming ev ents and understand that unmanned sy stems are a great asset to aerial photography . I would like to be on the forefront of the this evolution as this market takes place in aviation. I see tremendous value in seeking this exemption and involving the F

AA with my decision to embrace this technology
. As a certificated helicopter pilot, I will use the same level of care and caution in operating an sUAS, as I do in a manned helicopter . I will ensure all manufacture recommended maintenance is preformed to include replacing worn parts and pieces that fall out of allowable tolerances. Iwill also ensure a proper pre flight inspection is conducted to include overall airworthiness of the sUAS, adequate atmospheric conditons exist, and the area of operation has been familiarized. It is m y intention to treat sUAS operations no dif

ferent than manned helicopter operations, from a safet y stand point.Best Regards,

Robert J. Ardy 3593042CFI

Regulations from which the exemption is requested: 14 CFR 61.1 13 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F .R. 91.103 14 C.F . R. 91.1 19 14 C.F .R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) sUASs operated b y “Robert Ard y” weigh less than 10 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 35 knots, can hover , and can simultaneously

move verticall y and horizontally . SUAS will only

operate in line of sight and will operate at or below 400AGL. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace sy stem or the public.” **Limitations and Conditions**

 The sUASs will weigh less than 10 pounds.  Flights will be operated within line of sight of a pilot and/or observer
.  Maximum flight time for each operational flight will be no more than 20 minutes. Flights will be terminated at no less than 30% battery power reserve should that occur prior to the 20 minute limit.  Flights will be operated at an altitude below 400 feet AGL.  Minimum crew for each operation will consist of the sUAS Pilot and the Vi sual Observer
.  The sUAS will only

operate within a confined secure area with permission.  A briefing will be conducted for planned sUAS operations prior to each day’ s flight. All personnel performing duties within the boundaries of the safet y perimeter are required to attend.  The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 500 feet of the flight operation.  The Pil ot and observer must be trained in sUAS operations and have received current information on the particular sUAS to be operated.  The Observer and pilot will be able to communicate by two way radio or within speaking distance at all times.  Written and/or o ral permission from the relevant propert y holders will be obtained prior to flight operations  If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to the point of launch using the R TL safet y future of the f

light controller
.**Air craft description** 

 DJIPhantom 3 Professional has a total weight of 1280g or 2lbs 13 oz  The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch  Maximum speed of 35 MPH  The DJ I Phantom 3 Professional has the abili ty to hover and move along a vertical and horizontal plane simultaneously  The DJ I Phantom 3 Professional has four motors, Motor Model DJ I 3510, powered b y a 4480mAh 4s L iPo L ithium Poly mer battery  There are four propellers, Propeller Model DJ I 1345, in u se  The live video feed will have an operating frequency of 2.4GHz I SM with maximum range of 1.2 miles **Tr ansmitter** 

**description**  Communication Distance ( open area ) : CE: 2000m; FCC: 2000m  Receiver Sensitivity ( 1%PER ) : - 101dBm +/
- 2dBm  Tr ansmitter Power: CE: 16dBm; FCC: 20dBm  Wo rking V

oltage: 1.2A

@ 7.4V  Battery : 6000 mAh LiPo 2s  Operation frequency

for the DJ I Phantom 3 Professional is 2.400GHz

– 2.483 GHz.  Operation frequen y for the DJ I Inspire 1 is 5.725 GHz

– 5.825 GHz & 2.400GHz

– 2.483 GHz.

Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform Act’ s safety requirements. The approval of this application presents no national securit y issues. Regarding the level of safet y surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingl y the applicant requests that the F AA g rant the requested exemption with minimum delay **Flight Operations Pre flight operations** 

 Each flight operation will begin with a detailed safety briefing involving active participans in the flight of the sUAS (PI C and VO) and non active participants t o include an y person affected within a reasonable distance of the operation.  Briefing will include the following

◦ Airworthiness of the sUAS

◦ Phy sical condition of both PI C and OV (IMSAFE)

◦ Thorough briefing of mission to be flown to include

▪ Altitudes to be fl own▪ known obstacles

▪ Intended points of take of f and landing

▪ Alternate or emergency landing locations

▪ Estimated time on location for filming or still photograph y
▪ Estimated battery

usage and if battery

change out will be required  Pre flight inspection of th e sUAS will be conducted using standard industry practices. The following items will be checked for proper operation prior to launch;

◦ Battery

for sUAS full

◦ Battery

for transmitter full

◦ Blades are clean and free from damage. Attachment nuts tight

◦ sUAS body cl ean and free from damage

◦ Camera and gimbal operational, free in movement, clean (lens included)

◦ Camera and gimbal mounting hardware attached and tight

◦ Tr ansmitter/sUAS communication link good

◦ Tr ansmitter all buttons, knobs and control sticks free to mo ve, no binding

◦ GPS location attained and return to home feature selected and working

◦ GPS altitude limit set to 400' AGL or less **During flight operations**

 The PI C and VO will be withing speaking distance at all times.  If unable to remain within speaking di stance PIC and VO will be in radio contact at all times.  Communication will remain active between PIC and VO at all times.  Take off and landing will be conducted onl y to previously designated areas except for in case of emergency landing. If emergency doe s occur, every attempt will be made b y the PI C to bring the aircraft down clear of persons or property
.  PI C will relay

intended movements of sUAS to VO and VO will give a verbal “OK” if the request looks good. If the intended movement of the sUAS does not look safe, the VO will verbalize this to the PI C.  PI C and VO will refrain from having outside conversations while sUAS is ariborne in order to keep focus on mission.  The PI C will refrain from operating over populated areas or areas where retrieval of sUA S is not able.  The PI C will operate at or below 400' AGL at all times.  PI C will land the sUAS after 20 minutes of flight time or 30% battery life, which ever occurs first. **Post flight operations**

 sUAS will be powered down  sUAS will be inspected for an y damaged, missing or dirty parts.  Persons within the area of operations will be informed when the operation is complete and no further flying will be conducted.**Seeking exemptions fr om the following F**  **AR's 14 C.F**  **.R. § 61.1 13(a) and (b): Private Pilot P**  **rivileges and Limitations:** Pilot in Command Sections 61.1 13 (a) and (b) limit private pilots to non
- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PI C operating the aircraft to have a private pilot’ s license rather than a commercial pilot’ s license to operate a sUAS. Unlike a conventional manned aircraft, a sUAS is remotely controlled by a ground
- based operator
. The oper ational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided b y a single individual holding a commercial pilot’ s certificate operating a conventional aircraft. The risks associ ated with the use of a sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing sUAS use b y a sport pilot as the PI C exceeds the present level of safet y sought by 14 C.F .R. §61.1 13 (a) and (b). **14 C.F .R. § 91.103:**  Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safet y of flight. As F

AA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent l evel of safet y will be provided. The PI C will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement of flight.
**14 C.F .R. §91.1**  **19(c): Minimum Safe Alt**  **itudes** Section 91.1 19 establishes safe altitudes for operation of civil aircraft. Section 91.1 19 provides, in pertinent part, that: “except when necessary for takeof

f or landing, no person may operate an aircraft below the following altitudes: .... (c) Ov er other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.” Because “Ro bert Ardy” requests authority to operate at altitudes no higher than 400 AGL, an exemption is needed to allow such operations. sUAS will, however, be operated in a restricted area within a securit y perimeter, where buildings and people will not be exposed to operations without their pre - obtained consent. The equivalent level of safet y will be achieved given the size, weight, and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of property owner s or local of ficials. Because of the advance notice to the propert y owners and participants in the filming activity , all affected individuals will be informed of the planned flight operations. Compared to flight operations for conventional aircraft, an y ri sk associated with the proposed sUAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low
- altitude operations and light weight of the DJ I Phantom 3 Professional and DJIInspire 1. will ensure separation betw een asUAS and conventional aircraft.

**14 C.F .R. §91.121:**  **Altimeter**

**Settings** Section 91.121 requires each person operating an aircraft to maintain cruising altitude b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As a sUAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level of safet y will be achieved by the operator, confirming the altitud e of the launch site shown on the GPS altitude indicator before flight.
**14 C.F .R. §91.151(a): Fuel Requir**  **ements for F**  **light in VFR Conditions**  Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day , to fl y after that for at least 30 minutes . . . .” The typical battery powerin g the sUASs provides less than 20 minutes of powered flight. T

o meet the 30
- minute reserve requirement in 14 CFR §91.151, sUAS flight would not be possible. Given the limitations on the sUAS’ s proposed flight area and its proposed operations within a prede termined location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating the sUASs in a tightl y controlled area where onl y people, property owners, or of

ficial representatives who have signed waivers will be allowe d, less than 30 minutes of reserve fuel does not engender the t ype of risk that §91.151(a) was intended to address.

“ Robert Ardy” believes that safet y can be achieved by limiting flights to 15 minutes or 30% of battery power, whichever occurs first. This restriction would be more than adequate to return the sUAS to the point of launch from an ywhere in its limited operating area.
**14 C.F .R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections**  These regulations require that an a ircraft operator or owner shall “have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply

onl y to aircraft with an airworthiness certificate, these sections will not apply “Robert Ard y's ” operations and exemptio n is requested. **Summary for**

**P ublication Pursuant to 14 C.F**  **.R. Part 1 1,**  The following summary

is provided for publication in the Federal Register, should it be determined that publication is needed: Robert Ard y s eeks an exemption from the following ru les: 14 C.F .R. §§ 61.1 13(a) and (b); 91.103; 91.1 19(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) in commercial image acquisition operations. As est ablished b y the sUAS exemptions already granted b y the F AA, allowing commercial operations of sUASs in agriculture, real estate, inspection, S & R, and film industries will enhance safet y b y reducing risk. Conventional survey , agricultural, mapping, inspec tion, and film operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the target locat ion. In contrast, a sUAS weighing fewer than 55 pounds and powered by batteries eliminates virtually

all of that risk given the small size and lack of combustible fuel. The sUAS is carried, and not flown, to target site. The DJ I F550 sUAS carries no passen gers or crew and, therefore, will not expose them to the risks associated with manned flights.
**Privacy** All flights will occur over private or controlled access areas with the property owner ’s prior consent and knowledge. Recognizable images will onl y be recorded of people who have given their consent or otherwise have agreed to be in the area where active image acquisition will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating c apabilities, proximity

to airports and populated areas and operation within visual line of sight and national securit y) provide more than adequate justification to grant “Robert Ard y” requested exemption, allowing him sUAS commercial operations. I apprec iate your time in reviewing m y request for exemption. I can be reached by

phone at 951
- 567 - 4290 or email at robardy@gmail.com
. Respectfully

, Robert J. Ardy 3593042CFI