October 27, 2015

U. S. Department of Transportation Docket Managemen t System 1200 New Jersey Ave, SE Washington, DC

20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.11 3(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.40 7(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, James Robertson, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, James Robertson, an owner an d operator of small unmanned aircraft, be exempted fr om the Federal Aviation Regulations (“FARs”) listed below so that I, James Robertson, may operate my sm all ultra-lightweight unmanned aircraft system (“sU AS”) commercially in airspace regulated by the Federal A viation Administration (“FAA”).

James Robertson, provides his clients with expertis e and knowledge in advanced technologies and soluti ons to increase efficiency, productivity and effectiven ess. James Robertson also provides his clients with the highest quality digital content for use in their co mmercial, personal, and non-profit multimedia proje cts. James Robertson has 5 years of professional experie nce in video production and photography. James Robertson has over 20 years of recreational/hobby e xperience in all aspects of video and photography. The objective James Robertson’s aerial video and photog raphy operations is to provide high quality imaging for a variety of wedding, commercial, public, and residen tial uses, specifically targeting • Wedding Videography and Photography • Commercial Cinematography • Real Estate Photography • Increase public knowledge of UAS and promote safe UAS operations.

Unmanned Aircraft Systems: DJI Phantom 3 Profession al sUAS.

James Robertson seeks an exemption to operate DJI systems for compe nsation or hire within the NAS. The DJI

Phantom 3 Professional is a vertical takeoff and la nding (VTOL) Unmanned Aircraft (UA) with a Ground C ontrol Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2 pounds 11 ounces, w hile having a length of 16 inches width of 16 inche s, height of 8 inches, and a maximum speed of approximately 2 9 knots. The DJI Phantom 3 Professional is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 sUAS that will be operated by James Robertson. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, I dentification and Registration Marking.

My, James Robertson's, exemption request would perm it operation of ultra-light weight, unmanned (pilot ed by remote control) and comparatively inexpensive sUAS( s) in tightly controlled and limited airspace. Predetermined in areas away from large public gathe rings, airports and heliports for community videos, photos and video of new and remodeled commercial bu ildings/projects, individual homeowner aerial photography/videography, photography and video of l and developments for builders, and nature photos an d videos in completely unpopulated areas and other co mmunity related events upon request.

Currently, similar lightweight, remote controlled s UASs are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, James Robertson, have pe rsonally instilled safety protocols and controls to avoid and prevent public hazard, as well as mann ed aircraft hazards/catastrophe. This will act to further safet y protocols exclusive to lightweight sUAS's specifi c to photography & videography usage as I, James Roberts on, record flight data and other information gained through permitted flight operations to share with t he FAA through any required FAA reports to assist w ith future protocol and safety regulation.

Granting my, James Robertson’s, request comports wi th the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate sUASs into the national airspace system, but to “...establish requirements for the safe oper ation of such aircraft systems [sUASs] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & videography purposes. Further I, James Robertson, w ill conduct my operations in compliance with the protocols described herein or as otherwise establis hed by the FAA.

For the reasons stated below I, James Robertson, re spectfully request the grant of an exemption allowi ng me to operate ultra-light weight, remote controlled sUASs for the purposes of acquiring aerial photos & vide os,both of which will promote local economic growth th rough increased employment and increased tax base.

Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that th at poses potential public hazard.

I. Contact Information:

James Robertson, Drone Hire LLC, 201 W Ocean Avenu e #3433

Lantana, Florida 33465. Office (561) 401-0957 Email: 

### hiredrone@gmail.com

The Specific Sections of Title 14 of the Code of Fe deral Regulations From Which James Robertson Requests Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CF R 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

The Extent of relief James Robertson seeks and the Reason He Seeks Such Relief: I, James Robertson, submit this application in acco rdance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs o perating to prevent me, James Robertson, contemplat ed commercial cinematic, academic and other flight ope rations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so.

My, James Robertson’s, ultra-lightweight sUAS meets the definition of “small unmanned aircraft” as def ined

in Section 331 and therefore the integration of my ult ra-lightweight sUAS is expressly contemplated by th e Reform Act. I would like to operate my ultra- light weight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography.

The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our national airspace system. Considerations include: T he weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near airpo rts or heavily populated areas; and, whether the sU AS will be operated by line of sight. 112 P.L. 95 § 33 3 (a). Each of these items reflect in favor of an e xemption for me, James Robertson. My sUAS utilizes four (4) counter-rotating propellers for balance, control an d stability. My sUAS is equipped with GPS and auto re turn safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); incl uding camera with gimbal.

I, James Robertson, consider safety as upmost impor tance with every flight. My small unmanned aircraft is designed to hover in place via GPS and operate in l ess than a 16 knot (17 mph) wind. For safety, stabi lity and fear of financial loss I will not fly in winds exce eding 14 knot (15 mph). Built in safety systems inc lude a GPS mode that allows my sUAS to hover in place when radio controls are released. With three modes to

choose from, I utilize the GPS Mode 4 for aerial photography and videography. This is the safest, most reliable and stable mode to prevent accidents and h azards. When pilot communication is lost, the sUAS is designed to slowly descend to point of take-off.

I do not operate my sUAS near airports, Hospitals n or Police heliports, and do not operate near areas where general public is within thirty to one hundred (30- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (P olice/Medical helicopters, etc.) and prepared to land / abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my locati on. My sUAS is capable of vertical and horizontal operations, and are flown only within my line of si ght of me, as the remote control pilot. Utilizing battery power rather than combustible fue ls, flights generally last between ten (10) to fift een (15) minutes, with an altitude under two hundred (200) f eet. I, James Robertson, utilize a fresh fully char ged battery with each flight as a safety precaution; full fligh t time limit for each battery is twenty (20) to twe ntyfive (25) minutes as tested.

I do not operate my sUAS at or below the manufactur er recommend minimum charge levels for operation; preferring to remain well within a safe operating r ange to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are a t hand with each exercise to insure replacement for suffic ient safe level of operation. I do not believe in t aking risk that may cause a crash, which could create hazards to the public / property / manned aircraft, and hav e no desire to lose an investment. I have done scores of practice flights in remote areas as a hobbyist sim ulating flights for future commercial use to gain familiari zation with the characteristics of this specific sU AS’s performance under different temperature and weather conditions. All for the sake of safety.I, James Robertson, am extremely cautious when oper ating of my sUAS / ultra-lightweight unmanned aircr aft

and will not “create a hazard to users of the natio nal airspace system or the public.” 112 P.L. 95 § 3 33 (b). Given the small size and weight of my sUAS it falls well within Congress’s contemplated safety zone wh en it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace system. My, James Robertson’s sUAS, used in hobby f light, has a demonstrable safety record and does not pose any threat to the general public or national s ecurity.

How James Robertson’s Request Will Benefit the Publ ic As A Whole: Aerial photography and has been around for a long t ime through manned fixed wing aircraft and helicopters. For small budget productions the expense of such ae rial photography and videography is cost prohibitive. Only larger companies can afford to absorb such exp ense. Manned aircraft pose a threat to the public through the potential of a catastrophic crash. My, James Ro bertson's, sUAS poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the p ublic’s interest to integrate commercially flown sU ASs into the national airspace system, hence the passing of the Reform Act. Granting my, James Robertson’s, exemption request furthers the public interest thro ugh academic/visual awareness of the photography an d videography fields throughout the Grand Rapids area . My ultra-lightweights UAS is battery powered and

creates no emissions that can harm the environment. The consequence of my ultra-lightweights UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain comb ustible fuel and can cause catastrophic devastation to the public.

The public’s interest is furthered by minimizing ec ological and crash threat by permitting aerial photography and videography captured through my battery operate d ultra-lightweights UAS's. Permitting me, James Robertson, to immediately fly within national air s pace furthers economic growth. Granting my exemption request substantially furthers the economic impact for the Grand Rapids area for companies looking to use aerial photography and videography, both of which s erve as a stimulus to the community.

Reasons Why James Robertson’s Exemption Will Not Ad versely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existin g Rule:

My, James Robertson’s, exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, James Robertson, to log more flight time in FAA controlled airspace, with communication

with the FAA, will allow me to contribute to the innovat ion and implementation of new and novel, as of yet undiscovered safety protocols for photographers and videographers for development in cooperation with the

FAA.

In addition I, James Robertson, submit the followin g representations of enhancements to current aerial photography/videography. My sUAS weighs less than 5 pounds complete with a small ultra-lightweight high quality camera; I only operate my sUAS below 4 00 feet (within the 400 foot permissible ceiling se t by the FAA Modernization and Reform Act of 2012); My s UAS only operates for ten (10) to twenty (20) minutes per flight; I land my sUAS prior to manufac turer recommended minimum level of battery power; I pilot my sUAS through remote control only by visual line of sight; My sUAS has GPS, a flight safety feature whereby it hovers and then slowly lands if communic ation with the remote control pilot is lost; I actively analyze flight data and other sources of informatio n to constantly update and enhance safety protocols; I only operate in reasonably safe environment away fr om airports and areas with large groups of people; I conduct extensive pre-flight inspections and protoc ol, during which safety carries primary importance; I always obtain all necessary permissions prior to op eration; and, I have procedures in place to abort flights in the event of safety breaches or potential danger.

My, James Robertson’s, safety protocols provide a l evel of safety equal to or exceeding existing rules . It is important to note that absent the integration of co mmercial sUAS into our national airspace system, helicopters are the primary means of aerial photogr aphy and videography. While the safety record of su ch helicopters is remarkably astounding, there has bee n incidents involving loss of life as well as exten sive property damage; it is far safer to operate a batte ry powered ultra-lightweight sUAS.First, the potential loss of life is diminished bec ause sUASs carry no people on board and I only oper ate my

sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus the potential for fire or explosions is greatly diminis hed. Third, the small size and extreme maneuverabil ity of my sUAS allow me to remotely pilot away from and av oid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, my sUAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing panning, tilting and zooming.

Accordingly, my sUAS has been experimentally operat ed for familiarization/competency and will continue to operate at and above current safety levels.

VI. A Summary: The FAA May Publish in the Federal R egister:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Cer tificates, Manuals and the Like. 14 C.F.R. 21, Subp art H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthi ness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, James Robertson’s, sUAS permits exemption from Part 21 be cause my sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Refo rm Act. The FAA is authorized to exempt aircraft fr om the airworthiness certificate requirement under both th e Act (49 U.S.C. § 44701 (f)) and Section 333 of th e Reform Act. Both pieces of legislation permit the F AA to exempt sUASs from the airworthiness certifica te requirement in consideration of the weight, size, s peed, maneuverability and proximity to areas such a s airports and dense populations. My, James Robertson ’, current and projected sUASs meets or exceeds eac h of the elements. 14 C.F.R. 91.7(a) prohibits the opera tion of an aircraft without an airworthiness certif icate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. B. C. D. E. 14 C.F.R. § 91.9 (b) (2) requires an ai rcraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUA Ss, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/fli ght manual delineating areas of where safety can be

defined. 5 The FAA has previously issued exemptions to this re gulation in Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 107 00 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my sUAS utilizes electronic global posi tioning systems with a barometric sensor. 14 C.F.R. § 91.20 3 (a) and (b) provides for the carrying of civil ai rcraft certifications and registrations. They are inapplic able for the same reasons described above. The equi valent level of safety will be achieved by maintaining any such required certifications and registrations by me, James Robertson. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation re quire aircraft to be marked according to certain specific ations. My sUASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot sta tion on which to mark certain words or phrases. Fur ther, two-inch lettering is difficult to place on such sm all aircraft with dimensions smaller that minimal l ettering requirement. Regardless, I will mark the sUASs in t he largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C. F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167 , 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F .R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, James Robertson, can achi eve an equivalent level of safety as achieved by current Regulations because my sUAS does not carry any pilo ts or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my sUAS is far less than

the risk levels inherent in the commercial activiti es outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, James Robertson, to operate my sUAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It a llows helicopters to be operated at lower altitudes in certain conditions. My sUAS will never operate at an altitu de greater than 400 AGL. I, James Robertson, will

however operate my sUAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitude s. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.The above-cited Regulations require, amongst other thin gs, aircraft owners and operators to “have [the] aircra ft inspected as prescribed in subpart E of this par t and shall between required inspections, except as provi ded in paragraph (c) of this section, have discrepa ncies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only apply to aircraft with an ai rworthiness certificate. They will not, therefore, apply to my, James Robertson', sUAS. However, as a safety pr ecaution I thoroughly inspect my sUAS before and af ter each flight.

The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, enti tled Airworthiness Certificates, sets forth requirementsfor procurement of necessary airworthiness certific ates in relation to FAR § 91.203(a)(1). The size, weight

and enclosed operational area of my sUAS permits ex emption from Part 21 because my, James Robertson’s, sUAS meets an equivalent level of safety pursuant t o Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certifica te requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform A ct. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate requiremen t in consideration of the weight, size, speed, maneuverability and proximity to areas such as airp orts and dense populations. My sUAS meets or exceed s each of the elements. 14 C.F.R. 91.7(a) prohibits t he operation of an aircraft without an airworthines s certificate. As no such certificate will be applica ble in the form contemplated by the FARs, this Regu lation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there ar e no pilots or passengers, and given the size of the sUASs, thi s Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA h as previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, James Robertson seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 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. § 91.1 03(b); 14 C.F.R. § 91.109; 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) and (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. § 91.409 (a ) (2); and, 14 C.F.R. §§ 9 1.417 (a) & (b) to commercially operate my, James Roberts on', small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photography and videography operations. Currently, area awareness and aerial photography and videography re lies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the publ ic. Granting my, James Robertson’, request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuv erable than conventional aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to

and from established air fields. I, James Robertson , have been informally analyzing flight information and will compile safety protocols and the implementatio n of a flight operations manual that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish pro tocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on-board my, James Robertson’s, sUAS and therefore the likelihood of death or serious bodily injury is sig nificantly diminished. My, James Robertson’s, operation of my sUAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under c urrent FARs. Accordingly I, James Robertson, respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large. Respectfully submitted,

James Robertson Photographer / Videographer

Drone Hire LLC

201 W Ocean Avenue #3433

Lantana, Florida 33465



### Appendices:

A – Link to DJI Phantom 3 Manual: Click on link be lowhttp://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Pr ofessional_User_Manual_v1.2_en.pdf