**UNITED STA TES OF AMERICA**  **DEP AR** **TMENT OF TRANSPORTA TION**  **FEDERA L**  **AV IA** 

**TION ADMINISTRA**

**TION 1200 New Jersey** 

**A venue, SE., Room W12**  **- 140,**  **West Building Ground Floor, WA** **SHINGTON, DC 20590 -**  **0001**

**IN THE MA**

**TTER OF THE PETITION FOR EXEMPTION OF: MA**  **URICE KEA LOHA** 

**SA LLA**  **VE**

**GLOSSA RY OF A**  **BBREVIA TIONS**  **AG L**  Above Ground Level **AO I**  Area of Interest **ATC** Air Traffic Control **ATO** Air Traffic Organization **AV** Aerial Vehicle **CFR** Code of Federal Regulations **COA** Certificate of Authorization **FA A**  Federal Avia tion Administration **FA R**  Federal Aviation Regulation **GCS** Ground Control Station **GPS** Global Positioning System **LOL** Loss of Link **NA S**  National Airspace System **NOTA M**  Notice to Airman **PIC** Pilot In Command **Section 333** FAA Modernization and Reform Act of 2012 (FMRA)

**SO** Safety Observer **SOP** Standard Operating Procedures **sUA Ss**  Small Unmanned Aircraft Systems

**UA** Unmanned Aircraft **UA S**  Unmanned Aircraft System **VFR** Visual Flight Rules **VLOS** Visual Line of Site **VMC** Visual Meteorological Conditions **VTOL** Vertical Takeoff and Landing

The name and address of the applicant are:Maurice Kealoha Sallave

8575 Independence Ave. #8, Canoga Park, Ca. 91304 1(310)948

- 5871 msallave@toastedmango.com To whom it may concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Maurice Sallave, operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein o r as may be established by the FAA as required by Section 333.1 As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3)controlled. The proposed exemption, if granted, would allow Maurice Sallave to conduct commercial operations of sUASs meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Mauri ce Sallave is currently obtaining a business that includes aerial film and photography for the business name Toasted Mango Media. The objective of Toasted Mango Media will be to provide services that aims focus around aerial site inspections, land surveyin g, agricultural, advertising, and marketing. Mr. Sallave, who resides in Canoga Park, Ca. has been in the rc community for the past 7 years and is also a skilled web developer/designer/videographer for the past 12 years. Before working as a web developer he was working for the coin

- operated industry assembling vending, arcade, and bill changing machines that required an analytical and mechanical skillset. Maurice Sallave plans to use the capabilities of sUASs to offer a multitude of services, including:

● Aerial surveying of local water supply to the community ● Event Photography/Videography ● Agriculture and Livestock monitoring ● Real Estate Photography and presentation ● Aerial filmmaking and photography ● 3d environment mapping ● various types of constructio n inspections which includes power lines, cell towers, and agriculture systems. Construction site inspections and monitoring Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking ex pedited FAA authorization of safe civil Unmanned Aircraft Systems (UAS) operations in the NationalAirspace System (“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 “exp edited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.11 3(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b)(2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the reduction of personnel needed to operate equipment, reduced noise levels and zero emissions into the environment. In addition to providing cost savings and having little to no impact on the environment, sUASs provide enhanced safety. These factors are beneficial for, and in the best interest of, the public. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. M r. Sallave is requesting an exemption to operate a DJI Inspire 1 sUAS that is upgraded to latest version firmware, equipped with a 3 axis Zenmuse camera gimbal, which uses a High

- Def video camera that can capture up to 4K (4096x2160p) video and 12M pixel p hotos. This sUAS has a built

- in capability to limit 1) the height it flies above the ground and 2) the radius of the distance it flies from the operator. The aircraft weight is 2935 grams or 6.47 pounds with battery, wh ich is the total gross weight. Mr. Sallave is also requesting an exemption to operate a DJI Phantom 3 professional that has a maximum gross weight of approximately 2 pounds 11 ounces, a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots . This sUAS has the same features as the Inspire 1, but is lighter at 1280 grams or 2.82 pounds with battery.Both DJI Phantom 3 and Inspire 1 have an intelligent flight battery and a failsafe function. If the

battery runs low or control system has bee n disconnected, the built in failsafe function turns on, of the autopilot system, and Returns to Home and will land W hen the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller w ill go to the center position. If the GPS signal is good enough, the system will automatically trigger the failsafe function. Please refer to attachments

- (inspire_1.pdf, inspire_2.pdf, and inspire_3.pdf), on the DJI Inspire 1, and attachments (phantom3pro_1.pdf and phantom3pro_2.pdf), for the Phantom 3 Professional, Instruction Manual, for the performance limitations and flight operations.
The DJI Phantom 3 professional and Inspire 1 that will be operated by Maurice Sallave will be registered in accord ance 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, Identification and Registration Marking. A pre

-flight inspection will be performed by the PIC in a ccordance with the factory instruction manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make sure that the compass, gyro and acceleration values are within specs, positive GPS locks are secure, battery health in each in dividual LiPo cells are balanced, and radio signals are locked in. The sUAS will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized replacement parts will be used. **FCC Information** The DJI Inspire 1 and Phantom 3 Professional transmitter used for controlling the sUAS complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any inter fe rence received, including interference that may cause undesired operation. The DJI Inspire1 and Phantom 3 Professional radio transmitter used for controlling the sUAS is wireless technology which has been tested and found to be compliant with the applic able regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. **An tenna Separation Distance** 
Wh en operating the DJI Inspire 1 or Phantom 3 Pro transmitter, the PIC will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as dete rmined by FCC regulations. **Pilot in Command and Observer Qualifications and Duties**The PIC will maintain at least a Light Sport Pilot Certificate and a current State issued drivers

license, plus at least 2 hours flying time and 3 takeoffs and landings wi thin 30 days in the type of UAS utilized in operations. The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled Model Aircraft, of which, 10 hours will be flying sUASs. The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation and inspection, in flight operation, post flight requirements, and all procedures including but not limited to:

● Safe in flight operations ● Risk evaluation ● Current weather conditions for safe flight The Observer must have the visual acuity to observe the sUAS and be able to communicate clearly with the PIC. The Observers duties are:

● Wa rning the PIC of any impending obstacles in the flight path of the sUAS. ● Wa rning the PIC of any deviations in the planned flight path of the sUAS. ● Wa rning the PIC should any unauthorized personnel appear in the area of the planned flight. The Observer will have the authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely. **General Operating Standards**

● Maurice Sallave will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." ● Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAV will be operated. The sUAS will not be operated at an altitude of over 200 feet AGL. W eather minimums will be 3 miles visibility and a 1000 foot ceiling

. ● Before an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the PIC will give the right of way to avoid flying in the proximity of fullscale aircraft. At no time will the sUAS be operated within the final ap proach course and the takeoff course of any runway. The sUAV will not be operated at an altitude of over 200 feet AGL. W eather minimums will be 3 miles visibility and a 1000 foot ceiling. ● Ma ximum flight time for each operational flight will be 18 minutes.● Flights will be terminated at 30% battery power reserve should that occur prior to the 18

minute limit. ● The sUAV will be programmed so that it will not be operated at an altitude of no more than 200 feet AGL, and not more than 200 feet above an elevated p latform from which filming is planned. ● Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. ● The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, gimbals, and battery). ● The sUAS will operate at speeds of no more than 25 knots, can hover, and can simultaneously move vertically and horizontally. ● Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUAV operations adhere to the Reform Act's safety requirements. The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. The sUAS operates at lower altitudes with no people on board and will thereby reduce current risk levels, enhance safety and diminish the likelihood of death or serious bodily injury. W ith a small payload and maximum flight time of only 20 minutes, this offers little or no risk to national security. Low level oblique photos and video from sev eral angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The benefits of reduced cost and improved quality of presentation from the sUAS over manned aircraft will be valuable to and benefit many buyers and sellers of real property, farmers and ranchers, and local city officials to monitor our local water supply. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, police, sheriff, etc., all while remaining subject to all limitations cited below: (a) No flight will be made with a Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Cla ss G airspace at no more than 200 ft AGL, at an airspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all ti mes during a flight operation; (d) Operations will be restricted to flights over private property with the permission of the property owner; (e) All required permits will be obtained from state and local government prior to operation; (f ) Maurice Sallave w ill not be operated over densely populated areas;(g) Maurice Sallave will not be operating over any open

- air assembly of people;

(h) Maurice Sallave will not be operating over heavily trafficked roads;

**EXEMPTION REQUESTS A ND EQUIVA**  **LENT LEVEL OF SA FETY**  Maurice Sallave requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System: **14 CFR Part 21, A irw**  **orthiness Cer tificates**  This part establishes the procedures for the issuance of an airworthiness certificate. W hile the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI In spire1 and Phantom 3 Professional under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research and development.** Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Sho wing compliance with regulations.**  Conducting flight tests and other operations to show compliance with the airworthiness regulations includi ng flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental ce rtificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or pro perty, will not carry fuel, and will only fly under strict operational requirements. Combined with the UAS's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UAS will be at least as safe, if not safer, than a conve ntionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certifica te in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 45.23 Display**

**of marks; general and 45.29 Size of marks.** These regulations provide that each aircraft must display "N" and the aircraft's registration number i n letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTA L" can be placed, and may not have a registration number assigned to it by the FAA. W e propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we willdisplay at the ground station a high contrast flag or banner that contains the words "Unmanned

Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate w ithin 0.263 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. **14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot pr**  **ivileges and limitations.** The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft i n 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. Our proposed operations require that the PIC must hold a t least a Private Pilot Certificate with a Class III Medical issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a busi ness. **14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.** As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **14 CFR 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. W e assume that the intent of this requirement is to en sure that flight manual information is available to the aircrew while operating the aircraft. W e request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight, and ready for presentation for any governing official upon request. **14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests** The regulation states that "No person may operate a civil aircraft that is being used for flight ins truction unless that aircraft has fully functioning dual controls. Although the DJI Inspire 1 is capable of duel/linked controls, Maurice Sallave will be operating with a single remote controller. **91.119 Minimum safe altitudes:** General. The regulation sta tes that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it wo uld be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful preplanned flight path has been performed. The aircraft will be operated at a low al titude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehiclesand structures is minimal compared to mann ed aircraft, which should be considered in granting

the exemption. **CFR 91.121 A ltimeter settings.**  The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 200 feet AGL and will not need to maintain cruising altitudes in order to p revent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout. **14 CFR 91. 151 Fuel requirements for flight in VFR conditions.**  The regulation provides that no person may begin a flight in an airplane 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 lea st 30 minutes. Wefeel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than 0.263 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. W e request an exemption to the word "fuel" and ask for an eq uivalent interpretation with the word "energy". **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificat e must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA wi ll be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and 9 registration certificates be permanently affixed to the aircraft vi a placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **14 CFR Subpart E (91.401 -**  **91.417) -**  **Maintenance, Preventive Maintenance, A lterations**  The regulation provides that the operator is primar ily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 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. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections andupdating software and firmware for the on

- board computer. All other maintenance will be

performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. W e feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. **Safety and Benefits of the UA** **S** Mr. Sallave will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer mo re efficient and safer benefits over the use of full

- sized manned aircraft for aerial photography, advanced agriculture monitoring, film and still photography, real estate marketing, and water supply monitoring. Due to drought conditions in the area over t he past few years, this would greatly supply safer, faster, and more efficient information to our local officials who need this information about the lake levels and our water supply. Replacing significantly larger manned aircraft carrying crew and flamma ble f uel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Maurice Sallave’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 operations. Maurice Sallave 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 good cause to grant this Petition. **Conclusion** As pointed out in this application, the DJI Inspire1 and DJI Phantom 3 Professional which Maurice Sallave would use, under authorization by the US DOT

- FAA, is a small, light

-weight device operated within the line of sight of the Pilot

- in

- Command (PIC), less than 200 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activit ies, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance. The DJI Inspire1 and DJI Phantom 3 Professional have been proven capable for controlled flight. It is a UAS offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. Weare certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assurances on the airworthiness of sUAS. For the foregoing reasons, the exemptions requested herein should be granted and Mr. Maurice Sallave should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deem ed necessary and appropriate by the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some sUAS may be used for legitimate commercial activities and u nder reasonably safe conditions.Signed,

Maurice Sallave Toastedmango Media