UNITED	STATES	OF	AMERICA DEPARTMENT	OF	TRANSPORTATION FEDERAL	AVIATION	ADMINISTRATION WASHINGTON,	D.C.

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF: ALTITUDE	33 FOR	AN	EXEMPTION	SEEKING	RELIEF	FROM	THE	REQUIREMENTS	OF	TITLE	14	OF	THE	CODE	OF

FEDERAL	REGULATIONS	SECTIONS 45.23(b),	61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.9(b)(2),	91.103(b) ,	91.11 9,	91.121,	91.151(a),	91.203(a) & (b),	91.405(a), 91.407(a)(1),	91.409(a)(1) & ( 2),	and 91.417(a) & (b), CONCERNING	COMMERCIAL OPERATION	OF	DJI	PHANTOM	3 ,	DJI	INSPIRE	1, & 3DROBOTICS	SOLO AIRCRAFT	SYSTEM PURSUANT	TO	SECTION	333	OF THE	FAA	MODERNIZATION AND	REFORM	ACT	OF	2012	(PUBLIC	LAW	112
- 95)

Submitted	on October 30 ,	2015 Altitude	33 5785	Mission	Center	Rd,	S ui te	214 San	Diego,	CA	92108 Tel:	310.745.98682 

## TABLE	OF	CONTENTS

PAGE

Name	And	Address	Of	The	Petitioner

................................ ................................ ..................... 3

Specific	Applicable	Regulations	F rom	Which	Relief	Is	Required	(CFRS )

................................ .... 3

The	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	The	Relief

.............. 4

The	Reasons	Why	Granting	The	Exemption	Would	Not	Adversely	Affect	Safety

...................... 6

The	Reasons	Why	Granting	Altitude	33’s	Request	Would	Be	In	The	Public	Interest

................. 7

Proposed	Operation s
................................ ................................ ................................ .............. 8

Make	And	Model	Of	Aircrafts

................................ ................................ ................................ . 9

A	Summary	That	Can	Be	Published	In	The	Federal	Register,	Stating:

The	Rules	From	Which	Altitude	33	Seeks	Exemption

................................ .............................. 93 

## NAME	AND	ADDRESS	OF	THE	PETITIONER

Altitude	33 Tiffany	Zablosky 5785	Mission	Center	Rd

. Suite	214 San	Diego,	CA	92108

Tel:	310.745.9868 Email: tiffa31@mac.com



## S PECIFIC	APPLICABLE	REGULATIONS	FROM	WHICH	RELIEF	IS REQUIRED	(CFRS)

14	C. F.R.	45.23(b); 14	C.F.R. 61.23(a)	and	(c), 14	C.F.R. 61.101(e)(4)	and	(5), 14	CFR	61.113(a)	&	(b); 14	C.F.R. 61.315(a), 14	C.F.R.	91.7(a); 14	C.F.R.	91.9(b)	(2); 14	C.F.R.	91.103(b); 14	C.F.R.	91.119; 14	C.F.R.	91.121; 14	C.F.R.	91.151(a); 14	C.F.R.	91.203(a)	&	(b); 14	C.F.R.	91.405(a); 14	CFR 91. 407(a)	(1); 14	CFR 91. 409(a)	(1)	&	(a) ( 2); 14	CFR 91. 417(a)	&	(b)

Altitude	 33	 seeks	 exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§ 45.23(b),	 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.9(b)(2),	 91.103(b) ,	 91.11 9,	 91.121, 91.151(a),	91.203(a) & (b),	91.405(a), 91.407(a)(1),	91.409(a)(1) & ( 2),	and 91.417(a) & (b), to	operate an	Unmanned	Aircraft	System	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act of	2012	(FMRA).	This	exemption	will	permit	Altitude	33	to	operate	an	Unmanned	Aircraft	System (UAS)	 for	 the	 commercial	 purpose	 of	 conducting Aerial	 Photo graphy,	 Aerial	 Cinematography, Aerial	Mapping,	Inspections,	Surveying,	Inspections,	Newsgathering,	Remote	Sensing,	Search	& Rescue,	 Closed	 Set	 Filming	 for	 motion	 picture,	 television	 and	 commercial	 film	 productions

.4 

## THE	EXTENT	OF	RELIEF	ALTITUDE	33	SEEKS	AND	THE	REA SO N ALTITUDE	33	SEEKS	THE	RELIEF

1.	Extent o f	Relief	Altitude	33	Seeks A nd	The	Reason	Altitude	33	Seeks	Relief f rom	Section 61.113(a)	And	(b).

Relief	 from	 Section	 61.113(a)	 and	 (b)	 entitled Private	 pilot	 privileges	 and	 limitations :	 Pilot	 in command,	is	requested	to	the	extent	necessary	to	allow	a	PIC	holding	a	private	pilot	or	higher	level certificate,	as	well	as	a	current	and	valid	airman	medical	certificate,	and	who	has	met	certain	flight

hour	and	currency	requirements,	to	conduc t	the	proposed	UAS	flight	operations	for	compensation or	hire.

This	 relief	 is	 requested	 since	 the	 limitations	 set	forth	 in	 Section	 61.113(a)	and	(b) state	 that	a private	pilot	may,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft	in connection	with any	business or	employment	if:	(1)	The	flight	is	only	incidental	 to	 that business	or	employment;	and	(2)	The aircraft	does	not	carry	passengers	or	property	for compensation	or	hire.

As	 set	 forth	 more	 fully	 below,	 Altitude	 33	 submits	 that	 an	 equivalent level	 of	 safety	 will	 be maintained	because	no	PIC	will	be	allowed	 to	operate	 the UAS	unless	 that	PIC	has	met	certain flight

- hour	and	currency	requirements, demonstrating	that	the	PIC	is	able	to	safely	operate	either the UAS	in a manner	consistent	with	the	operations	specifications	as	described	in	this	exemption, including	evasive	and	emergency	maneuvers,	as	well	as	maintaining	appropriate	distances from people,	vessels,	vehicles	and	structures.

Further,	Altitude	33	submits that	all	flights	of	the UAS,	conducted	by	the	PIC	pursuant	to	the	grant of	this	Petition:	(1)	will	be	incidental	to	Altitude	33’s	business;	and	(2)	will	not	carry	passengers	or property	for	compensation	or	hire.

2.	Extent	Of	Relief	Altitude 33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Section 91.7(a).

Relief	from	Section	91.7(a)	entitled	Civil	aircraft	airworthiness,	is	requested	to	the	extent	required
to	allow	Altitu de	33	to determine	that	the UAS	are	in	airworthy	condition	prior	to	every	flight	by ensuring	that	the	UAS	is	in	compliance	w ith	the	operating	documents	(i.e.,	the	Altitude	33	Aerial Operations	Manual,	Monthly	Maintenance	Log,	and UAS Instruction	Manual).

Altitude	33	seeks	the	requested	relief	because	the UAS	do	not	require	an	airworthiness	certifica te in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	Therefore,	Altitude	33	will	ensure	that	the UAS	is in	airworthy	condition	based	upon	its	compliance	with	 the	operating	documents	(i.e.,	Monthly Maintenance	Log,	and UAS Instruction Manual)	prior	to	every	flight,	and	further,	determine	that the	aircraft	are	in	condition	for	safe	flight,	as	stated	in	the	conditions	and	limitations	below.5 3.	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Section
91.121

.
Relief	from	Section	91.121,	entitled	Altimeter	settings,	may	be	required	to	allow	flight	operations of	 the UAS,	 which	 utilize	 a	 barometric	 pressure	 sensor,	 GPS	 equipment,	 and	 a	 radio communications	telemetry	data	link	to	downlink	altitude information	from	the	UA	to	the	PIC	at the	ground	control	station	(GCS).	Since	the	FAA	requires	that	any	altitude	information	concerning UAS	operations	be	reported	to	air	traffic	control	(ATC)	in	feet	above	ground	level	(AGL),	Altitude 33	seeks	the	requeste d	relief	because	the UAS	UA’s	altimeter	may	be	set	on	the	ground	to	zero feet	AGL,	rather	than	the	local	barometric	pressure	or	field	altitude,	before	each	flight.

Considering	the	limited	altitude	of	the	proposed	operations,	relief	from	14	C FR	91.121	is	sought to	the	extent	necessary	to	comply	with	the	applicable	conditions	and	limitations	stated	below.	As more	 fully	 set	 forth	 herein,	 an	 equivalent	 level	 of	 safety	 will	 be	 maintained	 since	 the UA	 is equipped	with	a	 barometric	 pre ssure	 sensor	and	GPS	equipment,	which	automatically	ensures that	a	ground	level	pressure	setting	will	be	established	prior	to	each	flight,	and	provides	the	PIC with	altitude	information	of	the	UA	on	the	heads

- up	display	of	the	GCS.

4.	Extent	Of	Relief	Alt itude	33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Section 91.151(b).

Relief	from	Section	91.151(b)	entitled	Fuel	requirements	for	flight	in	VFR	conditions,	is	requested to	the	extent	required	to	allow	flights	of	the	battery	powered UA	will	safely	operate	the	battery powered UA	during	daylight	hours	in	visual	meteorological	conditions	(VMC),	under	visual	flight rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	23	minutes..	Altitude	33	seeks the	 reque sted	 relief	 because	 without	 an	 exemption	 from	 Section	 91.151(b),	 the	 flight	 time duration	of	the	battery	powered UA	will	severely	constrain	the	practicality	of	any	aerial	video	or still	photo	flight	operations	that	Altitude	33	proposes	to	con duct	pursuant	to	this	Petition.

Significantly,	as	set	forth	below,	the	technical	specifications	of	the UAS,	the operating	documents, and	Altitude	33’s	proposed	operating	limitations,	ensure	that	Altitude	33	will	safely	operate the battery	powered UA	during	daylight	hours	in	visual	meteorological	conditions	(VMC),	under	visual flight	rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	23	minutes.

5.	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reaso n	Altitude	33	Seeks	Relief	From	Sections 91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	And	91.417(a)	&	(b).

Since	Sections	 91.405(a),	 91.407(a)(1),	 91.409(a)(1)	&	(a)(2),	and	 91.417(a)	&	(b)	 only	apply	 to6 aircraft	with	an	airworthiness	certificate,	Alti tude	33	requests	relief	from	these	Sections	because the UAS	do	not	require	airworthiness	certificates.	As	set	forth	more	fully	below,	the UAS	meet	the conditions	of	FMRA	Section	333	for	operation	without	an	airworthiness	certifi cate.	Accordingly, Altitude	 33	 will	 use	 trained	 technicians	 to	 perform	 maintenance,	 alterations,	 or	 preventive maintenance	on	 the	UASs	using	 the	methods,	 techniques,	and	practices	prescribed	in	 the	UAS operating	documents	(i.e.,	the	Altitude	33	Aerial	Oper ations	Manual,	Monthly	Maintenance	Log,
and UAS Instruction	 Manual).	 Furthermore,	 Altitude	 33	 will	 document	 and	 maintain	 all maintenance	records	for	the UAS.



## THE	REASONS	WHY	GRANTING	THE	EXEMPTION	WOULD	NOT ADVERSELY	AFFECT	SAFETY

In	 seeking	 this	 exemption,	 Altitu de	 33	 submits	 that	 our UAS s can	 operate	 safely	 in	 the	 NAS pursuant	to	FMRA	Section	333,	as	demonstrated	by:	(a)	the	characteristics	of	the UAS ;	(b)	the	pilot certification	requirement;	and	(c)	the	specific	operating	limitations.

1

. Safe	Characteristics of	UAS

.

• The UAS	do	not	create	a	hazard	to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a threat	 to	 national	 security	 considering	 its	 size,	 weight,	 speed,	 and operational capability.

2

. Pilot	Certification	Requi rement

.

• Altitude	33 will	only	utilize	certificated	pilots	who	possess	a	current	and	valid	airman medical	certificate	to	act	as a	pilot	in	command	(PIC)	of	the UAS .	Additionally,	a	safety observer	will	assist	all	pilots	during	flight	time.

3

. Specific	Operatin g	Limitations

.

• The UAS autonomous	flight	and navigation	modes	enable	the UAS to	remain	wi thin	a defined	operational	area.

• The UAS	operated	by	the	petitioner	weighs	less	than	55	pounds,	including	the payload	(i.e.	camera,	lens,	and	gimbal).

• The UAS are	designed	for	automatic	return	to	home	point	or	hover	in	the	event	of7 loss	of	the	control	link	or	navigation.

• F light	operations	of UAS are limited	to	the	line	of	sight	of	a	certificated	pilot	in command	with	a	safety	observer.

• Flights of UAS are below	400	feet	(well	within	the	400 ft permissible	ceiling	set	by	the FAA	Modernization	and	Reform	Act	of	2012).

• T he UAS will land prior	to	manufacturer	recommended	minimum	level	of	battery

power.

• T he	flights	will operate	in	reasonably	safe	environments	that	are	strictly	controlled, are	away	from	power	lines,	elevated	lights,	airpo rts	and	actively	populated	areas

.

• E xtensive	pre

- flight	inspections	and	protocol will	occur during	which	safety	carries primary	importance.

• Flights of	the UAS w ill b e c onducted p ursuant t o s pecific o perating l imitations.



## THE	REASONS	WHY	GRANTING	ALTITUDE	33’S	REQUEST	WOULD	BE	IN THE	PUBLIC INTEREST

Granting	 the	 present	 Petition	will	further	 the	 public	 interest	 by	 allowing	 Altitude	 33	 to	 safely, efficiently,	 and	 economically	 perform professional Aerial	 Photography, Aerial Cinematography, Aerial Mapping
, Aerial Inspections, Surveying, Inspections, Newsgathering, Remote	 Sensing
, Search	 &	 Rescue,	 Closed	 Set	 Filming for	 motion	 picture,	 television	 and	 commercial	 film productions servicing t he following	 industries but	 not	 limited	 to :	 construction,	agric ulture,	 real estate,	insurance ,	wildlife	&	forestry	management,	industrial,	civil	engineering
, sporting	events, special	events/festival	operations,	entertainment	venues,	hotel/resorts,	golf	cours es,	mining, and closed	set	filming	for	motion	picture,	television,	and commercial film	productions

.

• The	Public	Will	Benefit F rom	Decreased	Congestion	Of	The	NAS.

• The	Public	Will	Benefit	From	The	Safety	And	Efficiency	Of	The UAS.

• Performing Operations	With	The UAS	Will	Benefit	The	Economy.

• There	Are	No	Privacy	Issues.8 Altitude	33 can	remain	competitive	and	p rofitable,	and	therefore,	provide	greater	job	stability	to employees	 and	 contractors,	 which	 will	 ultimately	 contribute	 to	 growth	 of	 the	 U.S.	 economy. Improved	financial	performance	of	U.S.	companies,	through	commercial	use	of	the UAS ,	provid es a	 stable	 workforce	 that	 increases	 consumer	 spending;	 improves	 local,	 state,	 and	 federal	 tax revenues;	 and	 allows	 companies	 to	 invest	 in	 research	 and	 development	 in	 order	 to	 remain competitive	 both	 in	 the	 United	 States	 and	 abroad. A dditionally,	 use	 of UAS s will	 decrease congestion	of	the	NAS,	reduce	pollution,	and	provide	significant	benefits	to	the	economy.	Notably, the	benefits	of	Altit ude	33	‘s	proposed	operation	of	the UAS	will	be	realized	without	implicating any	privacy	issues.



## PROPOSED	OPERATIONS

Altitude	 33	 provides	 its	 clients	 with	 the	 highest	 quality	 digital	 content	for	 use	 in	 their commercial,	 personal,	 and	 non

- profit	 multimedia projects.	 Altitude	 33	 has	 over 3	 years	 of professional	experience	in	videography	and	photography	and	is	recognized	as an	expert	this	field. Altitude	 33	 has	over	 1	year	of	 recreational/hobby	experience	in	all	aspects	of	aerial	video	and photography. The	 objective	 of	 Altitude	 33	 operations	 is	 to	 provide professional Aerial Photography, Aerial Cinematography, Aerial Mapping , Aerial Inspections, Surveying, Inspections, Newsgathering, Remote	 Sensing ,	 Search	 &	 Rescue,	 Closed	 Set	 Filming for	 motion	 picture, television	and	commercial	film	productions

. The commercial services provided	by	Altitude	33 will service	t he following	industries but	not	limited	to :	construction,	agric ulture,	real	estate,	insurance , wildlife	 &	 forestry	 management,	 industrial,	 civil	 engineering , sporting	 events,	 special events/festival	operations,	entertainment	venues,	hotel/resorts,	golf	cours es,	mining, and closed set	filming	for	motion	picture,	television,	and commercial film	productions

.

SERVICES	PROVIDED
Aerial	Photography & Cinematography Mapping Inspections Surveying Remote	Sensing Search	&	Rescue Closed	Set	Filming Newsgathering Research INDUSTRIES SERVICED

Construction Agriculture Real	Estate Insurance Research Wildlife	&	Forestry Management Industrial Motion	Pictures Civil	Engineering Sporting	Events Special	Events/Festival s Entertainment	Venues Hotels/Resorts Golf	Courses Mining Commercial	Films Television9 

## MAKE	AND	MODEL	OF	AIRCRAFTS

Unmanned	Aircraft	Systems:

• 3D R obotics Solo

• DJI	Phantom 3

• DJI	Inspire	1

A ltitude 33	seeks	an	exemption to operate	the	commercially	produced	UAS	DJI	Phantom	3,	DJI Inspire	 1	 or	 3DRobotics	 Solo.	 These	 aircraft	 have	 inherent	 design	 features	 that	 contribute	 to minimizing	 risk	 to	 the	 NAS,	 persons	 and	 property	 on	 the	 ground.	 These	 features	 include operational	weight s	less	than	55	pounds,	maximum	operating	speeds	of	less	than	100	miles	per hour,	onboard

- computer

- limited	maximum	altitude	of	400	feet	AGL,	on

- board	GPS	no

- fly	zones, and	operational	fail	modes	that	can	automatically	return	the	UAS	to	its	departure	point	i f	it	loses contact	with	the	transmitter	or	if	an	unsafe	condition	is	detected	by	the	pilot.

The	petitioner	will	use	the	manufacturers	preflight	inspection,	maintenance	and	repair	procedures to	ensure	that	the	UAS	is	in	a	condition	for	safe	flight.	These	c ommercially	produced	UAS	all	comply with	FCC	regulation	and	requirements.



## A	SUMMARY	THAT	CAN	BE	PUBLISHED	IN	THE	FEDERAL	REGISTER, STATING:	THE	RULES	FROM	WHICH	ALTITUDE	33	SEEKS	EXEMPTION

Altitude	 33	 seeks	 exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§ 45.23(b),	 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.9(b)(2),	 91.103(b) ,	 91.11 9,	 91.121, 91.151(a),	91.203(a) & (b),	91.405(a), 91.407(a)(1),	91.409(a)(1) & ( 2),	and 91.417(a) & (b), to	operate an	Unmanned	Aircraft	System	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act of	2012	(FMRA).

A	Brief	Description O f	The	Nature	Of	The	Exemption	Altitude	33	Seeks:

This	exemption	will	 permit	Altitude	 33	 to	 operate	an	Unmanned	Aircraft	System	(UAS)	for	 the commercial	purpose	of	conducting Aerial	Photo graphy,	Aerial	Cinematography,	Aerial	Mapping, Inspections,	Surveying,	Inspections,	Newsgathering,	Remote	Sensing,	Search	&	Rescue,	Closed	Set Filming	for	motion	picture,	television	and	commercial	film	productions

. The commercial services provided	 by	 Altitude	 33 will service	 t he following	 industries but	 not	 limited	 to :	 construction, agric ulture,	 real	estate,	insurance ,	wildlife	&	forestry	management,	industrial,	civil	engineering
,10 sporting	 events,	 special	 events/festival	 operations,	 entertainment	 venues,	 hotel/resorts,	 golf

cours es,	 mining, and closed	 set	 filming	 for	 motion	 picture,	 television,	 and commercial film productions

.

Respectfully	submitted,

Altitude	33

Tiffany	Zablosky

Altitude	33,	Owner

5785	Mission	Center	Rd,	Suite	214

San	Diego,	CA		92108

Tel:	310.745.9868

Email:	tiffa31@mac.com