October 25, 2015

**To:** Docket Management Facility U.S. Department of Transportation Fe de ral Aviation Administration 1200 New Jersey Avenue, SE West Building Ground Floor Room W12

- 140 Washington, DC 20590
**From:** Richard R. Diana 67 Northwest Path P.O. Box 551 Sagaponack, New York11962 H: (631) 537

- 6254 M: (631) 903

- 4266 dap.uav@gmail.com FAA Private Pilot ASEL, Instrument Airplane Ce rtificate Number 2820444
**Re:** Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Fe de ral Aviation Regulations from: 14 CFR 61.113(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103; 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a) (1); 91.109 (a) (1) & (2); 91.417 (a) & (b).
This exemption would permit myself, Rich ard R. Diana, dba DAP~UAV (Diana Aerial Perspectives) to operate an Unmanned Aircraft System (DJI Phantom 3 Professional) pursuant to Section 333 of the FAA Modernization and Re form Act of 2012 (FMRA) for the purposes of conducting commercial aerial photography and/or video to be used in real e state both residential and commercial, marketing, construction sites, civil landscapes, events, cinematography, architecture, land surveying, engineering and other related professions. As well as search and rescue op erations if requested . The commercial uses for this quickly progressing up and coming technology are u nlimited

. Aerial photography and videography for real estate and events are proven strategies to enhance marketing efforts and increase business success . The industry is not new. However, until recently it was conducted through the use of costly manned aircraft, a prohibitive business activity in many respects for small companies. By granting this exemption request I would be able to provide these services at a much more affordable cost with increased inherent safety to all. Further, the small UAS will pose no threat to the public given its small size and lack of combustible fue l when compared to larger manned aircraft. Additionally, the operation of my UAS will minimize any harm to the environment

. My DJI Phantom 3 Professional will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraf t , as well as 14 C.F.R. 14 Part 47, Aircra ft Registration, and marked in accordance with 14 C.F.R. Part 45, Identi fication and Registration Marking.As described fully below, the requested exemption would permit the operation of a

UAS under controlled cond itions in the NAS that would be limited, controlled, predetermined and will provide increased safe ty enhancements to the already safe operations in the industry presently using conventional aircraft. As found in Exemption No. 11138 (Trudeau), the FAA rece ntly approved similar use of a DJI Phantom 2 Model. I will operate the DJI Phantom 3 Professional Model which is a UAS with a 3 axis gimble mounted 4K HD camera and a transportable ground station. The Phantom 3 is a quadcopter with a maximum gross weight of 3.0 lbs. It is eq uipped with four electric motor driven rotors powered by a battery. Maximum airspeed of 16m/s. It utilizes the GPS system and the GLONASS system onboard integrated with a radio data link system which maintains an automatic flight lo g to include altitude, vertical and horizontal speed, distance from the operator as well as tracks the flight path overlaying a map. This "black box" utility also records flight control movement s . These records can be downloaded. Flight hours and durati on are also maintained. **UAS Operations Parameters** I will abide by the following operating procedures under this exemption ensuring an exceptional level of safety. Will consider a self

- medical /physical assessment prior to every flight ensuring adequate sleep has taken place and without any illness. Ensure I am well rested and feeling well. Weather conditions including visibility, wind speeds , and wind direction will be considered and logged

. D ate, time , mileage and location of project with project de scription and settings will be logged

. Preflight inspection will be conducted prior to any flight including the transportable ground station. If any discrepancies are discovered the flight will be canceled until all discrepancies are remedied and test fli ghts are conducted to ensure safe flight. These discrepancies, if any, will be logged. As per the DJI Owner's manual, prior to any flight, the compass must be calibrated and the GPS signal is confirmed with (required 6) no less than 8 or more satellites. Typical flights use 12

- 18 satellites ensuring accurate flight control. All flights will be conducted within visual line of sight (VLOS) of the pilot operator. Maximum flight time will be limited to 2 5 minutes. Flights will be terminated at 20% batter y power reserve. Flights will be operated at an altitude of less than 500 ft. AGL All flights will be daytime VFR. UAS will not be operated less than 500 ft. below or less than 2,000 ft. horizontally from any clouds or when visibility is less than 3 miles.UAS will not be flown at an indicated airspeed of exceeding 50 knots.

The UAS will not be operated from any moving vehicle.
Will obtain permission from owner/operator of any vessels, vehicles and structures when operations are conducted closer than 500 ft. to any such vessels, vehicles or structures. Will only operate in a safe environment that is strictly controlled and awa y from power lines, elevated lights, antenna towers, airports and densely populated areas. Will always obtain all necessary permissions prior to any operation. Have procedures and evasive emergency maneuvers in place to abort the flight in the event of any safety breeches, em ergencies or unintended obstacles. If remote control radio transmission link is lost, the Phantom 3 Professional will use GPS to hover in place for 3 seconds. If communication is not regained after 3 seconds the UAS will switch to the “ Failsaf e” function and fly at a predetermined altitude and return to the re corded “ Home Point " and land automatically. This function is also available to the operator at any time during any flight. Also of note, if the battery power becomes too low the Phantom 3 Professional will hover in place and then land slowly and automatically be fore battery exhaustion

. Will follow all of the manufactures safety procedures and protocols, flight procedures, maintenance procedures, overhaul, replacement, and life limit requirements. Any changes or repairs will be logged. Will keep up to date of any and all Manufacture Safety Bulletins, Firmware updates or any other updates and will follow accordingly. These will also be logged. No electronic messaging, texting or cell phone use will be permitted during flight. The UAS will remain clear and yield the right of way to all manned aviation activities at all times. In my planned area of operations there are two local uncontrolled airports within a 30 mile radius. The closest Class B airspace is over 60 miles away at its outer/upper limits. The airspace I intend to use the most in my area of operations will be Class G and on occasion Class E (ATC communication and COA required) may come into play

. I always utilize and monitor the local CTAF for both local airports

. App/Dep , and Clearance/Del frequencies for the area using an iCom A24 Nav/Comm Aviation radio. I also have a David Clark headset with push to talk capabilities should that need ever become necessary or required . I use this addition safety feature on all flights regardless of how distant or how low altitude I may be operating at from any airport

. I monitor any and all air traffic wherever I may be operating on every flight.As PIC, I will accumulate and log in a manner consistent with 14 C.F.R. 61.51 (b), 25

hours of total time as a UAS pilot including 10 hours logged as a UAS pilot of a multi rotor UAS, (with a minimum of 5 hours of those hours operating the same make and model UAS to be used for operations under this exemption). In addition to the hour requirements, as PIC, I will conduct 3 take off and landings in the preceding 90 days for currency proposes. As a certificated Private Pilot ASEL, Instrument Airplane, Certificate Numb er 2820444 , I intend to follow the Notice of Proposed Rule Making for the new Part 107 being considered by the FAA Administrator . I will obtain the soon to come UAS Airman rating and complete the aeronautical knowledge test as soon as made available by th e FAA once Part 107 in finalized and published

. I will c omplete and pass a recurrent aeronautical knowledge test every 24 months to maintain currency as required

. The Operating Documents will be accessible during all UAS operations and made available to law enforcement or the Administrator upon request. Any revisions to the Operating Documents will be presented to the Administrator upon request. Any incident, accident, mishap, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB website: www.ntsb,gov

. **Summary** Granting this petition will furth er the public interest by allowing myself , Richard Diana, to s afely, efficiently, and economically perform aerial photography and video of real estate, constr

uction sites, events, civil landscapes, cinematography, architecture, land surveying, engineering and other related professions. As well as search and rescue operations if ever requested over certain areas of the United States. Commercial use of the Phan tom 3 Professional UAS provides 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 compe titive both in the United States and abroad. Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Use of UAS in this manner will also increase the safety of life and property in the air and on the ground. Particularly when compared to the use of conventional aircraft for similar purposes. Notably , the benefits of my proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any privacy issues.

This petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333 which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, I, Richard R. Diana, dba DAP~UAV, reque st for exemption may be granted pursuant to the authority of the FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.FMRA Section 333 sets forth requirements for considering whether a UAS will create a

hazard to users of the NAS, or the public, or otherwise pose a threat to the national security of the United States. As discussed in detail above, I will operate my UAS safely in the NAS, without creating any risk or hazard to users of the NAS, or the public, or otherwise pose a threat to the nation al security. **Conclusion** As set forth herein, I, Richard Diana, dba DAP~UAV, seeks an exemption pursuant to 14 C.F.R. 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of my DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial photography and video over certain areas of the United States. By granting this petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernizatio n and Reform Act of 2012, while also advancing the interest of the public, by allowing myself, Richard Diana to safely, efficiently, and economically operate my DJI Phantom 3 Professional UAS commercially within the NAS. If you have any further question s or require additional information, please contact me at dap.uav@gmail.com , Home phone (631) 537

- 6254 or Mobile (631) 903

- 4266.

Thank you sincerely,

Richard R. Diana Owner/Operator DAP~UAV Diana Aerial Pe rspectives