David Boeke
101 Lewis Brook Rd Pennington, NJ 08534 david@boeke.com

908.947.8466

July 31, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

**RE: Section 333 Petition to Operate Small Unmanne**  **d Aerial Systems**

**Petition Summary:**

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No.

112

- 95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption authority under 49 U. S.C. section 44701(f), David A. Boeke (“Petitioner”) hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)

- (b), 91 .103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)

- (b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding a ll of the operational and safety requirements Congress has set forth in Section 333.

**Statutory Authority**

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)( 1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.**Characteristics of the Aircraft**

The petitioner states that the unmanned aircraft (UA) to be operated under this request are less than 55 lbs. fully loaded, fly at speed s of no more than 50 knots, carry neither pilot s

nor passenger s , c arry no explosive materials or flam mable liquid fuels, and operate exclusively within a secured area. The air craft in use are:

• DJI Phantom 3 Professional

• 3D Robotics Solo

Both UAS are vertical takeoff multi

- engine helicopte rs with GPS, full autonomous autopilot capabilities, telemetry, manual ground control and an on

- screen

- display with
first

- person

- view system

.
In addition, both aerial photo platforms ha ve integrated safety features built into their design , as described in the accompanying m anual s , to ensure the safety of persons and property within and surrounding the limited operating area. The petitioner further describes that, in the event either UAS loses communications or its GPS signal, the UA S will have the capabili ty to return to a pre

- determined safe location within the Security
Perimeter and land.

**Description of Operations**

The Petitioner , David A. Boeke is a U.S. Citizen who resides in the State of New Jersey and is the proposed Pilot In Control (PIC) who would operate the UAS's in question. Mr.
Boeke is a professional photographer and technology architect with 25 years of experience flying remote control aircraft. Mr. Boeke has logged over 50 hours of flight
ti me with the UAS's in question and over 500 hours in control of other remote control aircraft without any incident. Mr. Boeke is an independent consultant that plans to leverage the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying & mapping

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Remote asset inspection

Although Mr. Boeke does not hold a Private or Sport Pi lot's License, he h as attended general aeronautics "ground school" classes taught by certified FAA fli ght instructors, and has logged 4 hours flight time with certified instructors in single engine fixed wing
aircraft.**The Petitioner Requests Relief Fro m the Following:** 

David A. Boeke requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom

3 or 3D R obotics Solo : 14 C.F.R. Part 21, Subpart H:

Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as requir ed by FAR § 91.203(a). Given the size of UAS in this petition and their very ligh t weight (aircraft weight is < 4 pounds ) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness proce ss under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an air worthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the DJI Phantom 3 and
the 3D R obotic s Solo operated without an airworthiness certificate, under the conditions proposed in that exemption will be at least as safe, or safer, than a conventional aircraft
with an airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the wo rd "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the small size of the aircraft (there is no surface area on the aircraft large enough) this requirement is impossible to match.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. The petitioner has 25 years of experience building and operating remote control aircraft (both fixed wing an d rotating wing). The Petitioner received AMA training from certified instructors on safe operation of remotely controlled vehicles including how to execute pre

- flight safety and control inspections. The petitioner asserts that these pre

- flight inspections of airworthiness will be conducted prior to flight following the manufacture ’ s recommended pre

- flight safet y checklist procedure outlined in the included Operations Manuals

.
14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

.
This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The Petitioner assumes that the intent of this requirement is to ensure that flight manual information is available to the aircr ew while operating the
aircraft. The Petitioner requests an exemption to this requirement since thedocumentation would not be available to PIC if on the aircraft

. The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the UAS transportation box es

.
14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

Section 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 ha s fully functioning
dual controls.

By design, UAS and remotely piloted aircraft do not 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 e quivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller and by the size and speed of the aircraft.
The UAS also are equipped with backup systems that will return the aircraft to a pre

determined safe location upon loss of signal from the pilots radio control system.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, the UAS cannot comply with this requirement.

The equivalent level of safety will be achieved because o perator will define before every flight a working area radius and a flight area ceiling, preventing the UAS from go ing beyond the flight area.

The persons who may be on the ground in the flight area will be briefed of the expected route of flight and the associated risks to persons and property on the ground. Due to the
small size of the UAS and the materials that they are built from , the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in g ranting the exemption.

14 CFR 91.121

– Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, wh en operating below 18,000 feet MSL to:

The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft: If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; i n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the UAS calculate the reference altitude (ground level) with the on

- board GPS during the pre

- flight tests.14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airp lane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

Given the limited area of operation for the UAS

, the Petitioner believes that an equivalent
level of saf ety is achieved with the low batter y failsafe feature in which enforce that these
UAS will automatically land if the battery reaches below a determined safety point.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows: No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.

No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this secti on 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.

Both UAS weigh less than 4 pounds. As such, there is no ability or place to carry certification and regist ration documents or to display them on the UAS. In addition, there is no pilot or passengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, the Petitioner proposes that the documents deemed appropriate for th is aircraft by the FAA will be co

located with the operator at the ground control station in the transportation box and available for inspection upon request.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, and
Alterations : The regulation requires that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain
maintenan ce work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

The Petitioner proposes that the maintenance of the UAS will be accomplished by the owner/operat or according to the maintenance manual, provided by the manufacturer

.
An equivalent level of safety will be achieved because the UAS are small in size. Are not a complex mechanical device s , and will not carry any external payload; furthermore, they
will o perate only in restricted predetermined areas. T he operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. Finally, before every flight, both
UAS run automatic sequences of pre

- flight tests to make sure that every sensor and every critical part is running properly.14 CFR Subsections (a) and (b) of § 61.113 requires an individual operating an aircraft for compensation or hire to hold a commerci al pil ot certificate. The FAA has the statutory authority to waive the pilot requirements for commercial operations 49 U.S.C. § 44701(f).

The Petitioner submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintaine d because no PIC will be allowed to operate the DJI Phantom 3
Professional and 3D Robotics Solo UAS's unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the
UAS in a manner con sistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.P.R. § 61.51 (b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC

must acco mplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

Considering the Petitioner’s proposed area of operations, the o perating limitations set
forth above and the airmanship skills necessary to safely operate the DJI Phantom 3

Pro fessional or 3D Robotic’s Solo

, the Petitioner submits that the additional ma nned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills n ecessary for the specific proposed flight operations.

Further, Mr. Bo eke submits that all flights of the DJI Phantom 3 Professional and 3D
Robotics Solo UAS's, conducted by the PIC pursuant to the grant of this Petition: (1) will
be incidental to Mr. Boeke 's business; and (2) will not carry passengers or property for

compen sation or hire.

The FA A has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exe mption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).**The Petitioner has Supplied the Following Additional Information:**

• 3D Robotics Solo Operations Manual : http://3drobotics.com/wp

content/uploads/2015/07/v4_07_07_15.pdf

• DJI Phantom 3 Operations Manual : http://download.dj i

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manu al_v1.2_en.pdf

**Pre**

**- flight Inspection, Maintenance** 

Before each flight, the Pilot In Command, will perform a series of pre

- flight and takeoff checks as defined by the Operation Manu al s supplied. After every 60 minutes of airtime, the craft will undergo a thorough inspection of all aircraft components, including, but not
limited to:

a. Actuators / Servos
b. Motors, wiring and connectors

c. Propellers, smooth, no chips
d. Electronic speed controller, wiring and connectors e. Batteries, wiring and connectors

e. Remote command and control
f. Ground control station

**UAS Operating Parameters**

T he petitioner states that all flights will be operated within visual line of sight (VLOS) of the pilot. Daytime Visual Flight Rules and all operations will be conducted with the assistance of a second spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL. Altitude is accurately measured by the GPS. The petitioner further states that an operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation and UAS will be kept at l east 100’ from any inhabited structure.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to describe intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic Organization (“ATO”) issu ed Certificate of Waiver or Authorization (“COA”) prior to conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOTAM no more than 72 hours in advance, but not less than 48 hours prior to the operation.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hang gliders). Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

- towered airport unless a letter of agreement with that airport’s management is obtained and the operation
is conducted in accordance with a Notice to Airmen (“NOTAM”).**Radio Frequencies**

Both UAS will use the 2.4GH z frequency, which is allotted by the FCC for data transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulat ions.

**Safety and Benefits of the UAS**

The petitioner will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light and unmanned aerial vehicles offer a myriad of benefits over the u se of full

- sized manned aircraft such as for electric power line inspection, oil/gas pipeline inspection, and film and still phot ography.
Manned aircraft that are car rying crew and flammable fuel are being replaced with small UAS carrying no passengers or crew creating a greater margin of safety for the pilots and

crew.

By granting Petitioner’s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such opera tions. Petitioner is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has g ood cause to grant this Petition.

**Conclusion**

For reasons stated, the exemptions requested herein should be granted and Petitioner should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA.

Respectfully Submitted,

David A. Boeke

101 Lewis Brook Rd Pennington, NJ, 08534 david@boeke.com

908

- 947

- 8466