Thomas O’Brien 12360 Meadowbrook Ln Poway, CA 92064 1-858-945-3889

m O’Brien 67@gmail.c

om

August 8, 2015

U.S. Department of Transportation, Docket Operation We st Building Ground Floor, Room w12-140 1200 New Jersey Avenue, SE Wa shington, DC 20590



### Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the Federal	Aviation	Regulations	from	14	C.F.R.	45.23(b);14	CFR	Part	21;14	CFR	61.113 (a)	&	(b);	91.7	(a);91.9	(b)	(2);91.103(b);	91.109;91.119;	91.121; 91.151(a);91.203(a) &	(b);91.405	(a);	91.407(a)	(1);	91.409	(a)	(2);91.417	(a)	&	(b).

To W hom It May Concern:

Thomas O’Brien hereby petitions the Secretary of Transportation and Federal Aviation Administration for exemption to the above referenced and below more fully described Federal Aviation Regulations (“FARs”), that currently may or may not apply to the recreational/business operations of model aircraft including small unmanned aerial systems (“UASs).

Pursuant to Section 333 of the FAA Modernization and Refo rm Act of 2012 and the procedures contained within 14 C.F.R. 11, Petition that I, Thomas O’Brien , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Thomas O’Brien , may ope rate small ultra lightweight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Thomas O’Brien is very experienced in flying hobby helicopters and fixed wing aircraft for recreational purposes. I currently have a DJI Phantom 3, and Yuneec Typhoon Q500+ quadcopter UAS with intent to conduct aerial photography/Inspection/ included but not limited to the following ; Business Operations: over land, waterways, and oceans; operation over/in unrestricted National Parks, National Forests, flight in non navigable airspace, using non intrusive recording devices, operation in otherwise unrestricted U.S. States/Territories for aerialvideography/cinematography for commercial operation and to enhance academic community

awareness for those individuals and companies unfamiliar with the geographical layout of such

areas.

As described more fully below, the requested exemption would permit the operation of UAS under controlled conditions in airspace that is 1) limited ; 2) predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for i ndividual homeowner real estate listing videos/photos ; and 3) controlled as to access. The exemption would also provide safety enhancements to the already safe operations within the aerial photography, film and television industry presently using conventio nal aircraft and small, unmanned and relatively inexpensive UASs.

Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I operate my UAS within all safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to aerial video and photography usage as I record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting my request comports with the Secretary of Transporta tion’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Sect ion 333(c) of the Reform Act specific to the use of UAS's for commercial purposes. Further I will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I respectfully request the grant of an exemption allowing me to operate ultra lightweight, remote controlled UAS’s for academic community awareness, general aerial photography, and to enhance real estate listing videos for homeowners who cannot afford expensive manned a ircraf t for the same purpose. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

**I. Contact Information:** 

Thomas O’Brien 4670 County Road 502 Wi ldwood, FL 34785 Mobile: ( 352) 446

- 3497 Email: tom@ox

fordlawn.com

**II. The Specific Sections of Title 14 of the Code of Federal Regulations**  **From Which Thomas**  **O’Brien Requests Exemption are:**  14 CFR 21 ; 14 C.F.R. 45.23(b) ;14 CFR 61.113 (a) & (b) ; 14 C.F.R. 91.7 (a); 14 C .F.R. 91.9 (b) (2) ; 14 C.F.R. 91.103 ; 14 C.F.R. 91.109 ; 14 C.F.R. 91.119 ; 14 C.F.R. 91.121 ; 14 C.F.R. 91.151 (a) ; 14 C.F.R. 91.203 (a) & (b) ; 14 C.F.R. 91.405 (a); 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (2) ; and, 14 CFR 417 (a) & (b).

**III. The Extent of relief**  **Thomas O’Brien**  **seeks and the Reason He Seeks Such Relief:** 

I, Thomas O’Brien , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331334, seeking relief from any currently applicable FARs operating to prevent me Thomas O’Brien , contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such i ntegration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My ultra lightweight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra lightweight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight UAS prior to the time period by wh ich the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct e xperience and valuable information for formal regulation that can be administered uniformly to all UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our national airspace syste m. Considerations include: The weight, size, speed and overall capabilities of the UAS's ; Wh ether the UAS will be operated near airports or heavily populated areas ; and, W hether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of thes e items reflect in favor of an exemption for me Thomas O’Brien . My UAS utilizes four (4) counter rotating propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety technology. We ig hing less than seven (7) pounds (far below the maximum 55 pound limit) ; including camera with gimbal.

I consider safety as foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 10 m/s wind knot (approx 22 mph) wind. For safe ty, stability and fear of financial loss I will not fly in winds exceeding 7 m/s (15 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place when radio controls are lost. Wi th three modes to choose from, I utilize the Position ing Mode for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. Wh en pilot communication is lost UAS is designed slowly descend to point of takeoff , or near the control transmitter when utiliz ing Dynamic Mode. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) andprepared to land/abort immediately to the nearest and safest ground point should a manned

aircraft approach my location or I suspect manned aircraft may approach near my location. My UAS is c apable of vertical and horizontal operations, and are flown only within my line of sight, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between eight (8) to twelve (12) minutes, with an altitude unde r three hundred fifty(300 ) feet. I utilize a fresh fully charged battery with each flight as a safety precaution ; full flight time limit for each battery is eighteen (18) to twenty two (22) minutes as tested. I do not operate my UAS at or below manufacturer recommend minimum charge levels for operation ; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are

a t hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that could create hazard to the public/property/manned aircraft, and have no desire to lose an valuable investme nt. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety.

I am extremely cautious when operating of my UAS/ultra lightweight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. My UAS, the DJI Phantom 3 Pro, 3DR Iris+, and Yuneec Q500+, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**IV. Ho w**  **Thomas O’Brien**  **’s Requ est Will Benefit the Public A**  **s A Whole:** 

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average ho meowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense, depriving non luxury homeowners and lower budget Realtors from a valuable marketing tool

.
Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my exemption request furthers the public interest through acade mic/visual awareness of the geographical benefits in and around the State of Virginia. My ultra lightweight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra lightweight UAS crashing is far less than a full size helicopter or fixed wing aircraft ; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.Manned aircraft can pose a threat to the public through potential catastrophic crash that many

local communit ies have experienced in the past with military aircraft and medical/police helicopter crashes. These have resulted in a loss of life and endangered the public with combustible fuel that burned on impact. My UAS poses no such threat since size and lack of

combustible fuel alleviates any potential threat to the public. Additionally, this actually furthers the public’s interest by making it safer for business to conduct aerial photography and videography without such risks.

**V. Reasons Why Thomas O’Brien**  **Exe mption Will Not A** **dversely A**  **ffect Safety**

**Or How** **The Exemption Will Provide a Level of Safety A**  **t Least Equal To Existing Rule:**

My exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for development in cooperation with the FAA. In addition I submit the fo llowing representations of enhancements to current aerial videography and photography: A. My UAS weighs less than 7 pounds complete with a small ultra light weight high quality camera ; B. I only operate my UAS below 300 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012) ; C. My UAS only operates for 18-22 minutes per flight ; D. I land my UAS prior to 30% Battery Remaining ; E. I pilot my UAS thro ugh remote control only by line of sight ; F. I pilot my UAS only with a visual observer and but also use a dual controller setup. The second controller is solely used for operating the Inspire 1’s camera/gimble. G. My UAS has Failsafe RTH, a flight safety fea ture whereby it hovers and then slowly lands if communication with the remote control pilot is lost for 3 seconds ; H. My UAS has GPS and a Vision Positioning System utilizing two sonar sensors and one monocular camera for positioning and to identify the current aircraft’s position ; I. My UAS has a flight recorder and I actively analyze flight data and other sources of information to constantly update and enhance safety protocols ; J. I only operate in reasonably safe environment that are strictly controlled, are

awa y from power lines, elevated lights, airports and actively populated areas ; K. I conduct extensive preflight inspections and protocol per the Inspire 1 User Manual ; L. I always obtains all necessary permissions prior to operation ; M. I immediately abort flights in the event of potential danger ; N. I only operate my UAS well within “flight environment requirements5” & visual meteorological conditions (VMC) O. I will not operate my UAS less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. P. Only I, Thomas O’Brien , act as Pilot in Command during flights ;Q. I follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements. R. The o perating documents/manual will be accessible during UAS operations and made available upon request.

My safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness, real estate, and marketing purposes. Wh ile the safety record of such helicopters is remarkably astounding, there have been incide nts involving loss of life as well as extensive property damage ; it is far safer to operate a battery powered ultra lightweight UAS.

● First, the potential loss of life is diminished because UAS's O’Brien y no people on board and I only operates my UAS in specific areas away from mass populations. ● Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.

● Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

● Fourth, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software al lowing pan and zoom.

Accordingly, my UAS has been experimentally operated for familiarization and competency and will continue to operate at and above current safety levels.

**VI. A Summary** 

**T he FAA** 

**May Publish in the Federal Register:** 

A. 14 C.F.R. 2 1 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The si ze, weight and enclosed operational area of my UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness ce rtificate requirement under both the Act (49) U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed,

maneu verability and proximity to areas such as airports and dense populations. My current and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certi ficate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, th is Regulation is inapplicable. Anequivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. 10 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 873 7, 8738, 9299,9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as my UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrat ions by me, Thomas O’Brien

.

B. 14 C.F.R. § 45.23: Marking of The Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regula tion through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to Noncommercial operations. I, Thomas O’Brien can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not O’Brien y any pilots or passengers. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities ou tlined in 14 C.F.R. § 61, et seq. Thus, allowing me to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the ope ration of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 300 AGL ; safely below the standard of 400 AGL. I will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a) ; 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.The above cited Regulations require, amongst other things, aircraft owners and operators to

“have [the] aircraft inspected as prescribed in subpart E of this part and s hall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will no t, therefore, apply to my UAS. However, as a safety precaution I meticulously inspect my UAS before and after each flight and maintained per the manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

In summary, Thomas O’Brien seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H ; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a) ; 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109 ; 14 C.F.R. § 91.119 ; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 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)(2); 14 C.F.R. § 91.409 (a ) (2) ; and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my lightweight unmanned aircraft system for aerial photography/Inspection/ included but not limited to the following ; Business Operations: over land, waterways, and oceans; operation over/in nonrestricted National Parks, Nationa l Forests, flight in nonnavigable airspace, using nonintrusive recording devices, operation in otherwise unrestricted U.S. States/Territories for aerial videography/cinematography for commercial operation and to enhance academic community awareness for tho se individuals and companies unfamiliar with the geographical layout of such areas.

Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel, posing potential ri sk to the public. Granting my request for exemption will reduce current risk levels and thereby enhance safety. My UAS does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I have been analyzing flight information and will compile safety protocols and the implementati on of a flight operations manual that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. The operation of my UAS, weighing less than 7 pounds and travelling at lower speeds within limited a reas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft , and the general public at large.

Respectfully Submitted, Thomas O’Brien4670 County Road 502

Wi ldwood, FL

. 34785