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Gre gory A. Getz 16855 W. Dale Lane Surprise, AZ. 85387 USA September 14, 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b) ; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b ); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) To whom it may

concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Gregory

A. Getz, operator of small Unmanned Aerial S ys tems ( sUAS) equipped to offer on - demand commercial UAS operations for a host of industries and applications and to perform the purposes listed below, hereb y applies for an exemption from the listed Federal Aviation Regulations to allow c ommercial operation of a small UAS, so long as such operations are conducted within and under the conditions outlined herein or as my be established by

the FAA as required by

Section 333. I have been an FAA certified Private Pilot since 1978and have a high regard for safe operations with an understanding of FAR’s, preflight inspections, knowledge of operations and differences in airspace classifications. I have been a Structural Engineer since 1986 and manager of an engineering department for the last 10 ye ars. I have 40 year’s experience flying radio controlled planes and helicopters and 9 years (300 plus hours) fl yi ng multi

- rotors. In August of 2015 I successfully completed s mall UAS training through Unmanned Vehicle University

. Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner: 1. Aerial photograph y and/or video for public and/or private use including real estate, architecture, land surveys, engineering and other relate d professional needs. 2. Aerial inspection/photograph y of residential/commercial structures under contract with the owners or local government authority

. 3. Aerial video/photography or providing live video feed and thermal capabilities to assist with search and rescue operations in cases of an emergency as requested by local authorities.2

As described fully

below, the requested exemption would permit the operation of small UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereb y enhance safety

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.” **1**
**-** Gregory

A. Getz

- Request for exemption for commercial operation of small UAS The name, phone, email and address of the applicant: Name: Gregory

A. Getz Phone: ( 6 02) 350

- 7070 Email: sommernashley sdad@gmail .com Address: 16855 W. Dale Ln, Surprise AZ. USA Regulations from which the exemption is reques ted: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61. 113(a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (1) & (2) 14 CFR 91.417 (a) & (b) The small UAS ’ I will be using are multi

- rotor craft weighing no more than 55lbs. including payload. Under normal conditions they operate at speeds of no more than 45 mph or 39 knots and have the ability to hover and move along a vertical and horizontal plane simultane ously

. They will operate in line of sight onl y and b y the exempted person only , obeying all other local and federal laws. Given the small size of the small UAS 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. Regarding the level of safety 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.3

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**-** Gregory

A. Getz

- Request for exemption for commercial operation of small UAS AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 1) The small UAS will weigh less than 55 lbs. 2) Flights will be operated within line of sight of a pilot and/or observer. 3) Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 4) Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5) Minimum crew for each operation will consist of the small UAS Pilot in Command (PI C), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6) The small UAS pilot will be Gregory A. Getz , who will not allow any other per son to operate the small UAS in a commercial capacity. 7) A briefing will be performed regarding the planned small UAS operations prior to each day ’s flight consisting of all the day s’ production activities. 8) The PI C will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission or direction of the FSDO, operations at closer range may be approved. 9) The PI C and VO will have been trained in operation of small UAS and recei ve up - to

date information for the particular small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or Camera. 10) The PI C and VO will be able to communicate by voice, radio, and/or text at all time s.4

11) Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 12) If the small UAS loses communications or loses GPS signal, the small UAS will have the capability

to return to a pre

- determined location within a designated location and land autonomously . This is a safet y feature of the UAS we have chosen to fly for this reason. 13) The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

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**-** Gregory

A. Getz

- Request for exemption for commercial operation of small UAS 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular small UAS. In all cases, an anal ys is of these criteria demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating wi th an airworthiness certificate without the restrictions and conditions proposed. The small UAS ’ to be operated hereunder are less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safet y enhancements provide a greater degree of safety t o the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the small UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial ext ernal load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft5

The regulation requires: 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 certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, " "experimental," or "provisional," as applicable. Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the small UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided b y having the small UAS marked on i ts fuselage as required b y §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification of the small UAS as “Experimental.”

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**-** Gregory

A. Getz

- Request for exemption for commercial operation of small UAS 14 C.F.R. § 61.113(a): Private Pilot Privileges and L imitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or propert y for compens ation or hire. My small UAS ’ do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operatio n of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation of the small UAS. 14 C.F.R. §91.7(a): Civil Aircraft A irworthiness. 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, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The small UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no6

room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by

keeping the flight manual at the ground control point where the pilot flying the small UAS will have immedi ate access to it. 14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight Instruction. Sect ion 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. Small UAS and remotely piloted aircraft, by

their design do n ot have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

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**-** Gregory A. Getz

- Request for exemption for commercial operation of small UAS 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters b y the FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL , or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted ar ea with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken without the permission of the propert y owner or local officials. Because of the advance notice to the property owner and participants in the filming activity , all affected individuals will be aware of the planned flight op erations. Compared to flight7

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, an y risk associated with these operations is far less than those presentl y presented with convent ional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the small UAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation 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 the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved b y the operator, pursuant to the safety check list and live flight data moni toring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151( a): Fuel Requirements for Flight 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 fly

after that for at least 30 minutes; or (2) At night, to fl y after that for at least 45 minutes.” The battery

powering the small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 , small UAS flights would be limited to approximately 1 0 minutes in length. Given the limitations on the small UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant belie ves that an exemption from 14 CFR §91.151( a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where onl y people and property owners or official representatives who have signed waivers will be allowed, with l ess than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151( a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting small UAS flights to 10 minutes would severely constrain the practic alit y of an y aerial video or still photo flight operation.

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**-** Gregory

A. Getz

- Request for exemption for commercial operation of small UAS Reduce the utility

for which the exemption will be granted. Applicant believes that an equivalent level of safet y can be achieved b y limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from any where in its limited operating area. 14 C.F. R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration8

The regulatio n provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate an d current air worthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The small UAS fully

loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry

certification and registration documents or to display th em on the small UAS. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they

are applicable to the small UAS. 14 C.F .R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft 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 section and Part 43 a ppl y only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved b ecause these small UASs are very limited in size and will carry a small payload and operate onl y in restricted areas for limited periods of time. If mechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 fe et AGL. The operator will ensure that the small UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any m aintenance performed. Moreover, the operator is the person most familiar with the aircraft and best sui ted to maintain the aircraft in an airworth y condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance needed.

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**-** Gregory

A. Getz

- Request for exemptio n for commercial operation of small UAS Small UAS Information Small UAS’s to be used are as follows but not limited to providing they are within the scope of the exemption granted by the FAA:9

**1. DJI Phantom 3 Professional**  **Tech nical Specifications**  **AIRCRAFT Weight (Including Battery And Propellers)**  **1280 g Diagonal Size (Including Propellers)**  **590 mm Max Ascent Speed**  **5 m/s Max Descent Speed**  **3 m/s Hover Accura**  **cy** • Vertical: +/

- 10cm • Horizontal: +/

- 1m **Max Speed 16 m/s**  **(ATTI mode, no wind) Max Altitude Above Sea Level**  **6000 m Operating Temperature**  **0°C to 40°C Gps Mode**  **GPS/GLONASS**

**GIMBAL Contro**  **llable Range Pitch** 
**- 90° to +30°**  **Stabilization 3** 
**- axis (pitch, roll, yaw)** 

**REMOTE CONTROLLER Operating Frequency**  **2.400 GHz**
**- 2.483 GHz**  **Max Distance 2000m (outdoors and unobstructed)**  **Video Output Port USB**  **Operating Temperature 0°C** 
**- 40°C**  **Battery 6000 mAh LiPo 2S**  **Mobile Device Holder For**  **tablet or phone**10 **Receiver Sensitivity (1%Per)**
**- 101 dBm ±2 dBm**  **Transmitter Power (Eirp)** • FCC: 20 dBm • CE: 16 dBm **Working Voltage 1.2 A @7.4 V** 

**BATTERY CHARGER Voltage**  **17.4 V Rated Power Phantom 3 Professional**  **100 W**

**INTELLIGENT FLIGHT BATTERY** 

### Capacity **4480 mAh Voltage**  **15.2 V Battery Type**  **LiPo 4S Energy**  **68 Wh Net Weight**  **365 g Max Flight Time**  **Approximately 23 minutes Operating Temperature** 
**- 10°C to 40°C**  **Max Charging Power 100 W** 

**8**
**-** Gregory

A. Getz

- Request for exemption for commercial operation of small UAS Conclusion As set forth herein, Gregory A. Getz seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom Professional UAS commerciall y, without an airworthiness certificate, for the limi ted purpose of conducting aerial video and photograph y11

over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advanc ing the interests of the public, b y allowing UAV Aerial Video to safel y, efficientl y, and economically operate the DJ I Phantom 3 Professional UAS commerciall y within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Moder nization and Reform Act of 2012, Section 333, Gregory A. Getz respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 45.23 (b), 61.113(a), 91.7 (a), 91.9 (b) (2), 91.103, 91.109, 91.119( c), 91.121, 91.151 (a), 91.203 (a) & (b), 91.405 (a), 91.407 (a) (1), 91.409 (a) (1) & (2), 91.417 (a) & (b) , and permit Gregory

A. Getz to operate the DJI Phantom 3 Professional UAS commerciall y for the purpose of conducting aerial video and photograph y o f Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors) as well as filming of special events, film sets, scripted and unscripted television set s and landscape as well as conducting power line inspection, aerial mapping, surveying and search and rescue over certain areas of the United States.
Respectfully

submitted by , Gregory A. Getz 16855 W. Dale Ln. Surprise, AZ. 85387

Appendixes: A

– DJ I Phantom 3 Manufacturer’s User Manual B

– Monthly

Maintenance L og

APPENDIX

– A DJIPhantom 3 Professional Manufacturer’s User Manual (uploaded in a separate attachment, a 5 9

- page document)12 APPENDIX

– B