06/28/ 15 Brandon Pape 1104 Evening Sun Lane McGregor, TX 76657 Brandon.pape47@gmail.com

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

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and
1 4 C.F.R. Part 11, Brandon Pape, the applicant and operator of small unmanned aircraft systems (sUAS) equipped for aerial photography, videography, survey, inspection, and monitoring, hereby applies for an exem ption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of his sUAS, so long as such operations are conducted under the conditions outlined herein or as may be established by the FAA as required by Section 333.1.

The exempt ions, as requested by Brandon Pape, would permit the provision of commercial services to customers that are in need of aerial data capture from a sUAS. Mr. Pape requests these exemptions in order to perform commercial flights in the following areas:

• Gene ral Photography/Videography

• Surveying

• Inspection

• Area Monitoring

• Communications Support

All flights will be conducted over private or controlled access property with the consent and knowledge or the property owner or controlling party. All flights will m aintain a safe buffer from all nonparticipating persons, vessels, vehicles, and structures unless sufficient barriers are in place to protect said nonparticipating persons and property from undue harm. Flight operations will only be conducted near vehicle s, vessels, and structures where the property owner/controller has granted permission and a safety
assessment has been made.

All of Brandon Pape’s flight s will be conducted with himself as pilot in command (PIC). Mr. Pape is certificated for commercial single engine land and multiengine land and instrument airplane, certificate number 3628929, issuance date 28 JAN 2015. Mr. Pape holds a current first class medical, certificate number 0693311, effective date 3 AUG
2011. Visual observers (VO) will be tra ined to perform all required duties before flight operations begin.

1. The Unmanned Aircraft System

Due to the low cost of operation, increased safety to surrounding persons and property, reduced noise and environmental impact, and the versatility of th e sUAS platform, theapplicant believes that a sUAS can be a great solution to consumers who would otherwise hire a full sized manned aircraft such as a helicopter to fulfill their aerial photography, videography, surveying, inspection, aerial monitoring, and communications support needs.

The applicant is seeking this exemption in order to operate a DJI Phantom 3 Professional quadcopter in stock form as delivered from the factory. Safety failsafe features equipped to ensure safe operation include:

• Preprog rammed no

- fly zones around major aerodromes

• GPS hovering capability

• Visual and ultrasonic sensors to augment hover capability with GPS and supplant GPS when satellite signals are unavailable

• Auto

- return to location of takeoff and autoland in the event of a n inflight

emergency

• Auto

- return to location of takeoff and autoland in the event of loss of control signal or low battery

• Automatic flight logs of flight route, time, distance, and other metrics

The aforementioned safety features have undergone rigorous testing procedures by DJI. The applicant will fully test these features prior to any commercial activities. Logs of these training flights will be available upon request.

The DJI Phantom 3 Professional weighs 1280g (2.82lbs). Diagonal footprint inclu ding propeller arc is 590mm. Max ascent and descent rates are 5 and 3 meters per second respectively. Hover accuracy is a maximum of +/

- 0.5 meters vertically and +/

- 1.5 meters horizontally. Max speed is 16 meters p er second (31.1 knots). The sUAS
uti lizes U.S. GPS and Russian GLONASS positioning satellites.

Should any part of the sUAS be damaged or timed out, the operator will replace the parts with manufacturer certified replacements and thoroughly test the aircraft prior to resuming commercial ope rations.

Any further questions regarding the specifications of the DJI Phantom 3 Professional, including FCC compliance, should be directed to the user manual attached to this petition.

2. Flight Operations

The operator and PIC will guarantee that opera tions adhere to strict standards as set
below:

• Prior to conducting commercial operations, the operator will fully acquaint himself with the operational and emergency procedures of the DJI Phantom 3 Professional and demonstrate competency.

• The UA will be op erated at airspeeds below 84 knots calibrated airspeed.

• The UA will be operated below 400ft above ground level (AGL) at all times.

• The UA will be operated within visual line of sight (VLOS) at all time.

• All operations will utilize a visual observer (VO). The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times.

• The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding air traffic and other obstacles.

• Proper preflight inspections will take pl ace before each flight.

• The UA will not operate within 5 nautical miles of an airport reference point unless a letter of agreement with that airport’s management is obtained.

• Operations will be conducted in accordance with all notices to airmen (NOTAMs).• T he UA may not be operated 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.

• The PIC must maintain a battery reserve that allows the UA to return to point of landing at n ormal cruise speed and land with 30% battery power.

• The UA must remain clear of and yield to all other air traffic.

• Flight operations will remain 500 feet from all nonparticipating persons, vehicles,
and structures unless:

o Barriers or structures are presen t that sufficiently protect nonparticipating persons from debris in the event of an accident.

o All participating persons are made aware of the dangers of flying a UA and he safety precautions and features that are in place.

o The aircraft is only operated nea r said vessels, vehicles, or structures following property owner/controller consent, and the PIC has completed a safety assessment with regard to the obstacles.

o Operations near the PIC or VO do not present an undue hazard to the PIC or VO per 91.119(a)

• All operations are to be conducted over private or controlled

- access property with prior permission from the property owner/controller or authorized representative.

Brandon Pape is confident that his knowledge as a commercially rated pilot and experienced op erator of radio controlled helicopters along with the strict safety standards he has set for himself, the safety standards imposed by the FAA, and the physical properties (size, weight, speed, etc) of the sUAS will allow for the safest and
most efficient o perations possible.

Mr. Pape hereby requests exemption under Section 333 in order to pursue commercial sUAV operations with the intent to provide customers with the safest and most cost
effective services available.

Sincerely,

Brandon Pape
254.339.203 3 (cell) Brandon.pape47@gmail.comThe specific section or sections of 14 CFR from which you seek an exemption:

14 C.F.R. Part 21, Subpart H

, Airworthiness Certificates & 14 C.F.R. §91.203(a)(1).

14 C.F.R. Part 27: Airworthiness Standards : Normal Category Rotorcraft.

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). : Aircraft Marking and Identification Requirements

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

14 C.F .R. § 91.103: Preflight Action.

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

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

14 C.F.R. § 91.121 Altimeter Settings.

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

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.

The extent of relief you seek and the reason you seek the relief:

14 C.F.R. Part 21, Subpart H

, Airworthiness Certificates & 14 C.F.R. §91.203(a)(1).

This petition seeks an exemption from 14 C .F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1) . Given the size and limited operating area associated with the sUAS to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act.

The Feder al Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircr aft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without

an airworthiness certificate, in the restri cted environment and under the conditions proposed will be at least as safe or safer, than a conventional rotorcraft operating withan airworthiness certificate

, without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operated hereunder is less than 55 lbs. fully lo aded, carries neither a pilot nor passenger, and carries no explosive materials or flammable liquid fuels. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, in accordance w ith FAA requirements.

T hese safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and property owners than conventional operations conducte d with airworthiness certificates

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to natio nal security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for air worthiness certification of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an exemption from

Part 27's airworthiness standards for the same reas ons i dentified in the exemption request from 14 C.F.R. Part 21,Subpart H.

14 C.F.R. §§ 91.9(c), 45.23(b)

, and 45.27(a). Aircraft Marking and Identification Requirements

This petition seeks an exemption from the aircraft marking and identification require ments of 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides that: No person may operate a U.S.

- registered civil a ircraft unless that aircraft

is identified in accorda nce with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimenta l or provision ally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- s port," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45. 23.Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the size of the sUAS, two

- inch lettering would be impossible. The word

" Experimental" will be placed on the fuselage in compliance with § 45.29(f). Given the nature of the specific relief sought by this exemption request, Petitioner requires relief from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having th e sUAS marked on its fuselage as required by §45.29(f) where the pilot, obs erver, and others working with the sUAS will see the identification of the UAS as "Experimental." Additionally, Petitioner will ensure compliance with any requests of sUAS marking by

the FAA.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) No person may operate a U.S.

- registered civil aircraft (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

c ombination thereof.

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on th e aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the pilot fly ing the

sUAS will have access to it. Accordingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, and should this exemption be granted, no FAA regulatory stand ard would exist for determining airworthiness.Equivalent Level of Safety

The pilot in c ommand of the sUAS has over 200 flight hours and a stellar safety record.

Given the size of the sUAS and the minimal requirements for maintenance, the PIC will

be ab le to adequately assess airworthiness for each individual flight.

1 4 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with specific information before each flight, including inform ation contained in

the FAA approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the sUAS, an exemption will be needed.

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

This petition seeks an exemptio n from 14 C.F.R. § 91.109(a), which provides that "no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASand remotely piloted aircraft , by their design do not have fully functiona l dual controls. Instead, flight control is accomplished through the use of a control box that

communicates with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the sUAS experience any difficulties during flight instruction.

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

This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 fee t above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. C.F.R. § 91.119( c). Section § 91.119(d)(1) allows for a helicopter to operate at less than t hose altitudes when it can be operated "without hazard to pers ons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weight ing far more than the maximum 55 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UASas well as the location where it is operated. No flight will be taken without the permission of the property owner and/or local officials. Because of the advance notice to the property owner and participants, all affecte d individuals will be aware of the planned flight operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations.

14 C.F.R. § 91.121 Altimeter Sett ings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pr essure. An exemption is required because the sUAS does not have a barometric altimeter, but

rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreov er, the PIC will use the GPS altitude indicator to constantly monitor the sUAS height, thus ensuring operation at

safe altitudes.

14 C.F.R. § 91.151(a): Fu el Requirements for Flight in V FR Conditions.

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed (1) During the day, to fly after that for at least 30 minut es; or (2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 20 minutes of powered f light. An exemption from the 30

- minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere wi thin its limited operating area. Operation of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Moreover, operation will be lim ited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed.14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.

This petition seeks an exemption f rom civil aircraft certification and registration requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1 ) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabi n or cockpit entrance so that it is legible to passengers

or crew.

In addition to the fact that Petitioner i s seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is necessary because: (1) the

sUAS's load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the

certificates need be displayed.

Equivalent Level of Safety

sUAS are not subject to conventional airworthiness requirements, and as such, have no certificate to display. Furthermore, due to the small size of the sUAS and the lack of occupants, there is no place to displa y a certificate if one were available.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 9 1.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "shall have that aircraft inspected as pre scribed in subpart E of this part a nd shall between required inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft wi th an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performe d in accordance with the manufacturers owners ’ manual

. As provided in the

manual , the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the

ai rcraft in an airworthy condition to provide the equivalent level of safety. If mechanicalissues arise, the UAS can land immediately and will be operating from no higher than

4 00 feet AGL. Moreover, the sUAS's small size, carrying capacity, and the fact t hat flight operations will only take place in restricted areas for limited periods of time, create less

risk than the same factors associated with conventional fixed

- wing aircraft and rotorcraft performing the same operation.

How your request would benefi t the public as a whole:

The operation significantly improves safety and reduces risk by alleviating human exposure to danger associated with current aerial survey and inspection methods, namely, full size helicopters. Manned helicopters performing aerial photography have experienced an exceedingly high number of accidents and fatalities. The public's interest is furthered by reducing human exposure to death or serious injury associated

with manned a ircraft performi ng photography, inspections

, and patrols.

The p etitioner's sUAS are battery powered and create no emissions. If Petitioner's

sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUAS is, obviously, far less than a full size helicopter. The public's interest is

fu rthered by minimizing ecological impact of an accident and by reducing human exposure to potentially harmful emissions associated with manned aircraft.

Aerial surveys are valuable tools for roof, utility

- power generation, cell phone towers, bridge and tun nel inspections and other elements that comprise the national transportation and communication infrastructure. However, problems with safety, cost, statistical integrity, and logistics continue to impede aerial surveys and inspections from

conventional man ned aircraft. The use of sUAS addresses these problems and is a powerful tool for performing a wide

- range of utility

- power generation inspection and patrol applications. The public as a whole will benefit from the safer and more cost

effective utility aeri al services that sUAS operations provide.