### PETITION FOR EXEMPTION

TITLE 14, CODE OF FEDERAL REGULATIONS **Petitioner**: Johnathan D. Dobbins 179 Queen Victoria Ave Saint Johns, FL 32259 Dale.dobbins79@gmail.com **Exemption from**  **Sections of**  **14 CFR** : part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b). **Extant of**  **relief**: Petitioner desires exemption from the above named regulations for the purpose of conducting commercial aerial videography using Unmanned Aerial Systems (UAS) with Global Positioning System (GPS) control and stabilization. **The petitioner supports its request with the following information:** The petitioner provides the following information: 1. Unmanned Aircraft Systems (UAS); 2. UAS PIC requirements; 3. UAS Operating Parameters; 4. Public Interest and Safety; 5. Summary. **1. Unmanned Aircraft System:** The UAS proposed for use by the petitioner are airframes provided by DJI.com (DJI), used in conjunction with DJI hardware/software controllers, data signal processing, and GPS stabilization and navigation electronics. Radio Control (RC) transmitters, propellers, electric motors, and batteries are provided by various manufacturers worldwide. 

### DJI (

### Da

-Jiang Innovations Science and TechnologyCo.Ltd.) is locatedat

### , Shenzhen,Guangdong Province, China

. Please be advised that most Unmanned Aerial Systems (UAS)

are modular (plug

-in and replaceable parts that are commonly used in UAS), and that DJI hardware/software for controllers, data links, and GPS navigation are the most commonly used programmable electronics for navigation and control in UAS usage. The systems have the size,weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 CFR part 21 § 91.203 (Airworthiness Certificates),subject to certain conditions and limitations, is warranted and meets the requirements foran equivalent levelof safetyunder 14CFRpart 11 and Section 333 ofthe FAAModernizationandReformActof 2012 (PL 112

-95). If these UAS are operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed by the petitioner it will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations. The UAS to be operated under this request are less than 55 lbs (20 lbs. or less typically) fully loaded,flying at speeds of no more than 50 knots, carrying neither

a pilot nor passenger (part 21 § 61.113),carrying no explosivematerials or flammable liquid fuels, and operates exclusively

within a secured area. In addition, the UAS have integrated safety features built into the design of the UAS, as described in the UAS operating parameters, to ensure the safety of persons and property within and surrounding the limited operating area. In the event the UAS loses communications, its GPS signal, or reaches 15% battery power, the UAS will have the capability to automatically return to the takeoff/PIC location within the limited operating area. Software for the controller could be coded for use by a particular unit so

as to prevent interference or hijacking (part 21 § 91.109). Controllers also havethe capabilitytoaborta flight in the event of unpredicted obstacles or emergencies. Distance from the PIC can be limited with DJI UAS software and the flights can be contained in the restricted secure flight areas, as well as preventing flights in restricted areas such as class B airspaces. UAS have been proven to have stable flight under severe gusty wind conditions (up to 40 knots). Wind shear accidents canbeofminimal impact when using a UAS with low mass and soft propellers such as UAS, though through diligent weather planning, avoidance is the best course. TheUASwillhavenoairworthiness certificate,and an exemptionmay be needed from 14 CFR §45.23 as the UASwill have no entrance to the cabin, cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the UAS, the two

inch lettering will be impossible. An equivalent level of safety will be provided by the UAS having flashing lights to draw attention to their operation. The maintenance requirements in the pertinent sections of 14 CFR, part 91 are only applicable to aircraft with an airworthiness certificate in accordance with part 43, therefore thepetitionerhas developed an as neededmaintenance process for the UAS affected by this exemption. The petitioner intends to follow any manufacturers’ recommended instructions and procedures when those maintenance procedures exist for certain components of its UAS (§ 91.9, 91.405, 91.407, 91.417). **2. UAS Pilot In Command (PIC) Requirements** The petitioner has over 2000 hours experience in manned aircraft photo reconnaissance and videography. The petitioner asserts that safe flyingofUASwillbeenhancedby having amilitaryAircrewman background and is well versed in commercial flight procedures. Any PIC incapacitation during operations will be addressed by loss of communication time out software and automatic navigation return to base/takeoffpoint activation. Thepetitionerhas a currentmedical flight clearance fromtheU.S.Navy. Thepetitionerhas overa year experience flying UAS and the skill or ability to safely operate an

unmanned aerialvehicle,operating at 200 feetAGLor lower,within strictly controlled pre

-approvedairspace. **3. UAS Operating Parameters** Theaircraftwillbe operatedwithin a secure environment,whichno

one will be allowed to enter unless they are part of theproduction,havebeen fullybriefed ofthe riskspriortooperation

of the UAS, and have consented to the risks associated with being in the operating area. Should there be a mishap, the UAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable fuel, and do not carry crew or passengers. From experience, this is in contrast to conventional aircraft that are flown to the site, carry flammable fuel, carry passengers and crew, and operate in a much larger area. The UAS batteries are self monitored for safe usage, overheating, and returnto startingpointwhen dischargedto 30%, and are limitedto how many times they can be charged safely before proper disposal. Flight control software will be constantly updated as required and will provide feedback to the manufacturer for maintenance, design, and safety updating (§ 91.405, 91.407, 91.409, 91.417). All UAS flights will be operated within visual line of sight (VLOS) of a pilot and/or observer, and that the UAS flights will be limited to

a maximum altitude of 200 feet AGL (§ 91.119). The operator will

ensure that only consenting production personnel will be allowed within 100 feetoftheUA operation,butthis radiusmaybe reduced to 30 feet based upon an equivalent level of safety determination, with the advance permission of the local Flight Standards District Office (FSDO) and any needed NOTAM publish in an adequate time period. The petitioner asserts that an equivalent level of safety

can be achieved given the size, weight, and speed of the UAS, as wellas the location where it isoperated.TheUASwillbe operated within a safe operating perimeter, the boundaries of which will be determined by production personnel and the UAS PIC based on the site

-specific filming activities and speed of the UAS required for the operation, and coordinatedwith the jurisdictional FAA FSDO and localgovernment officials as applicable. With respect topreflight actions, the petitioner notes itmay need an exemption from 14 CFR §91.103, because it will not have approved rotorcraft flight manuals. The petitioner asserts that an equivalent level of safety will be achievedby the PIC taking allpreflight actions as setby the manufacturer of the UAS and the pilot’s own operating safety procedures to comply with insurance requirements including reviewingweather, flightbattery requirements, landing and takeoff distance clearances, adequate GPS signal acquisition, and aircraft performance data acquisition on the controllerbefore initiation of flight (§ 91.7 and 91.103 will be adhered to). Additionally, the petitioner will require a briefing to be conducted prior to each day’s filming regarding planned UAS operations, and all personnel who will be performing duties within the boundaries of the safety perimeter will be required to attend. With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute reserve requirements in 14 CFR § 91.151, UAS flights would have to be limited to approximately zero minutes. The petitioner argues that,given the limitations on theUA’sproposed flight areaand the location of its proposed operations within a predetermined

area, a longer time frame for flight in daylight or night VFR conditions is reasonable. The petitioner believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes or 30% of battery power, whichever occurs first. The petitioner requests an exemption from 14 CFR § 91.121, as its UAS have GPS altitude readouts instead of a barometric altimeter. The petitioner asserts that an equivalent level of safety will be achieved. Specifically, the altitude information will be provided to the UAS PIC via a digitally encoded telemetric data feed. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC. The PIC will monitor air traffic when needed through an FCC approved portable transceiver and headset/ microphone combination capable of communication with control towers and manned aircraft in the vicinity of the operations area (only certified pilots would be allowed to do so). **4. Public Interest and Safety** Given the small size of the UAS involved and the restricted secure environment within which it will operate, its proposed operation falls within that zone of safety in which Congress envisioned that the FAA must, by exemption, allow this commercial operation of UAS to commence immediately. Also, due to the size of the UAS and the restricted areas in which the UAS will operate, approval of the application presents no national security issue. UAS systems the petitioner will use can be programmed in multiple ways to provide security and safety.Thepetitionerpoints outthatgiventhe clear direction in Section 333, the strong equivalent level of safety

surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, and including reduced emissions associated with allowing UAS for movie and television operations, granting the requested exemptions is in the public interest. The petitioner’s use of UAS for documentary or educational videography will add to the public’s knowledge base, allow for the public to experience video views of points of interest heretofore not available, and further constitutional rights to free speech. If privacy issues are to be addressed, it is the petitioner’s opinion that UAS operations are exceedingly less invasive than cell phone cameras with internet capabilities or satellite photometry. It is the petitioner’s experience that birds tend to stay away from UAS operations and that in conventional manned aircraft that is not the case. This furthers less environmental damage such as bird strikes and aircraft accidents. In certainpublic areas thepetitionerhas seen kite flying allowed that is inherently less controllable and as dangerous, if not more so, than UAS operations. **5. Summary** The petitioner requests an exemption for himself, Johnathan D. Dobbins, from Title 14, Code of Federal Rules pertaining to thesafe, commercial usage of unmanned aerial systems (UAS) in

controlled secured videoproduction areas.

### Exemption from Sections of 14 CFR:part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a);91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) are requested. The petitioner supports hisrequest with the following information 1. Unmanned Aircraft Systems (UAS); this section describes the UAS maximum capabilities and the failsafe and abort safetymechanisms thatareprogrammed into theUAS; 2.UAS Pilot In Command (PIC) Requirements; this section describes the pilot asking for the exemptions and his experience and knowledge base, description of safe flight duties and preparation

. and comments on how UAS PIC should have a medical certificate class and how this would provide better security and safety in any UAS operation; 3. UAS Operating Parameters; this section describes the operating procedures thatwillbe carriedout tomeet regulations andprovide safety in operations, secure environment, and procedures when working with the local FSDO and local government authorities; 4. Public Interest and Safety; this section addresses some of the advantages of UAS operations, especially the advantage for the public being privy to the exceptional views UAS videos provide.