U.S. Department of Transportation

Docket Management Sy stem 1200 New Jersey

Avenue SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations and certain parts of the FARs.

To Whom It May

Con cern:

Request:

In order to provide safe and environmentally

- friendly aerial videography

and photograph y for public and business interests, I, William Husted, would like to formall y submit for exemptions from the following Section 333 regulations: 14 C.F. R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 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)(1) an d (2), 14 C.F.R. 91.417(a) and (b), so that Imay operate the DJ I Phantom 2 UAS along the guidelines of the accompan yi ng operator’s manual as well as FAA guidelines for UAS flight. This particular UAS weighs less than three pounds, will alway s be flown at or under 2 00 feet, is electricall y powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAA guidelines). These proposed exemptions would allow me to operate the DJ I Phantom 2 Professional UAS for commercial purposes of aerial videography and photograph y as a service to public and business interests, including: real

- estate photograph y and videography, wedding and private individual photograph y and vi deograph y, public and commercial photograph y and videograph y, and agricultural photograph y and videography. Pursuant to exemption No. 12045 (Viglianti), the FAA recentl y approved similar use of the DJ I Phantom 2 UAS. These UASs have been proven reliable an d safe flying machines managed by gy roscopically

- stabilized flight, ground detection, GPS

- aided navigation, a built

- in compass, blinking LED lights, manual and automatic failsafe modes for returning to the controller, and propeller guards in order to prot ect both the UAS and the environment. This particular model combines state

- of

- the

art, proven technology

with high quality

manufacturing and user

- friendl y control to ensure safe operation and eas y maintenance. Specific section or sections of 14 CFR which I seek relief and the reason I seek relief: 14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the aircrafts to be utilized by I
, William Husted, an exemption from Part 21 meets the requirements of an equivalent level April 24, 2015of safet y under Part 11 and Section 333 of the Reform Act. Pursuant with Exemption No. 12045, “in all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricte d environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed.” 14 C.F.R. 45.23: Display of marks: generalBecause the DJ I Phantom 2 The UAS will not have a cabin, cockpit, pilot station,

fuselage, boom, or tail on which to mark words, numbers, or phrases, I request exemption from the above regulation. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: P ilot in command Pursuant to Exemption 12045, “The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary

for similarly

proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138.” 14 C.F.R 91.7: Civil aircraft airworthiness Currently there is no certificate applicable to UAS, and therefore it will be up to my self, William Husted, to determine the airworth iness of the DJ I Phantom 2 in accordance with its official operating manual. Pre

- / post

- flight inspections of the propellers, motors, frame, landing stands, camera and gimbal will be performed before and after each flight, accurate records of which will b e kept with the UAS’s storage and transportation sy stem at all times. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements Pursuant to Exemption 12045, since there are “no pilots or passengers on board this aircraft, and g iven its size, this regulation is inapplicable. An equivalent level of safety will be achieved b y m aintaining a safet y/ flight manual with the operator.” 14 C.F.R. 91.119(c): Minimum safe altitudes I, William Husted will ensure that the UAS does not operate an y higher than 400 feet at ground level. I will not fly over congested areas. I will plan operations before hand for proper flight safety

and proper height anal ys is as to avoid collisions. 14 C.F.R. 91.121: Altimeter settings The DJ I Phantom 2 utilizes e lectronic GPS with a barometric sensor with live data output to the mobile device attached to the transmitter. An equivalent level of safety will be achieved b y using this. 14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions The UAS that I will fly

is electrically

- powered by lithium ion batteries which are made by DJ I specifically

for this particular UAS. They are rated at no longer than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currently impossible to comply

with part 91.151. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required Currently , there are no procedures for providing airworthiness certificates for the mentioned UAS. I, William Husted, however will alway s fl y safel y while having the manuals of the DJ I Phantom 2

. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records Maintenance inspections may be required and should be granted since they only appl y to aircraft with an airworthiness certificate. However I , William Husted, will perform both preflight and postflight inspections of the UAS bef ore and after each flight as outlined in the operating documents. I , William Husted, will also follow manufacturer recommendations from said operating documents. Public Interest: Aerial photograph y and videograph y provided to the public allows for a more c ost

-effective method to capturing imagery than its alternative: manned aircraft and helicopters. The latter are expensive, create lots of noise, and are much more hazardous due to size and combustible fuel. I, William Husted, in addition to using my UAS f or commercial endeavors, will also offer m y services upon request and with proper coordination to an y official search and rescue or emergency services organization to benefit the public. Given that there is no fuel and no crew on this UAS, that it weighs

under three pounds and has propeller guards, as well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate danger to the environment, wildlife, or people. Given its GPS and ground

- sensing capabilities, a “return” mode will safel y return the craft to m ys elf, William Husted, at the push of a button or automatically

when the craft is low on power. This ensures that the craft will not remain airborne in unsafe conditions. The addition of UAS

- controlled aerial video and photography provides both public and commercial sectors with an environmentall y

- friendly and cost

- effective means by which to obtain photograph y and videograph y services. Because of this, an increase of commercial activity

and a gaining of more d etailed understanding of private and/or farm land would help local and area communities by : reducing pollution, risk, and operating costs by alternative aerial video and photography services such as manned airplanes and helicopters, reducing carbon emissio ns and traffic congestion by vehicles looking to view properties such as real

- estate or farm land, and increase visibility to local attractions thereb y bolstering local commerce and tourism. Summary I, William Husted, am seeking exemption from the followin g rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 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)(1) and (2), 14 C.F.R. 91.417(a) and (b) With the exemptions of the mentioned rules I, William Husted, will be seeking to make m y UAS photograph y/videography services available to public and commercial interests. Alternativel y, public and commerc ial interests had previously sought the use of manned aircraft to achieve what I can offer in a safer, more cost

efficient and environmentally

- friendl y manner b y not using combustible fuel, flying at safe heights and strictl y following the usage recommend ations from DJ I. These include but are not limited to: ● Flying the DJ I Phantom 2 safel y in accordance with its operator’s manual ● Alway s flying below 400 feet ● Thorough inspection of UAS before and after flights and keeping inspection records with the craft at all times ● Keeping the UAS in visual sight at all times when in operatio n ● Using an observer to assist if needed ● Remain safel y clear of and do not interfere with manned aircraft operations ● Not intentionally fl y dangerousl y over unprotected persons or moving vehicles ● Contact an airport or control tower before flying with in 5 miles of their vicinity ● Not flying in adverse weather conditions such as high winds, rain, or reduced visibility ● Not flying under the influence of alcohol or drugs ● Ensure the operating environment is safe ● Not flying over sensitive infrastructure or propert y such as power stations, water treatment facilities, correctional facilities, etc. ● Check and follow all local laws and ordinances before fl yi ng over private propert y ● Do not conduct surveillance or photograph persons in areas where there i s an expectation of privacy

without the individual's permissionSincerel y,

William Husted 14 Brentwood Dr. Poughkeepsie NY 12603