Media Products 7148 N. IL Rt. 2 Leaf River, IL 61047
U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave, SE Washington, D.C. 20590 :**~**



### Re: Exemption Request Section 333 ofthe FAA Reform Act of2012
Dear Sir or Madam: July 

### Pt, 2015

In accordance with the 

### FAA's GuidelineforSubmitting a Petitionfor Exemption, I request exemption from the sections ofTitle 14, Code of Federal Regulations listed in the Section named "Regulations from which exemption is requested" below. In orderto operate small unmanned aircraft systems (sUAS) commercially in airspace regulated by the FAA forthe purposes of: -aerial photography and videography -aerial mapping -search and rescue operations -agricultural scouting operations -structural inspections These operations will be performed safer and more cost effective at altitudes below 400' AGL within the U.S. national airspace system as compared to manned aircraft. Operations will be performed only atthe request ofand with the authorization and permission ofclients ortheirauthorized agents in orderto facilitate commerce fulfill market demand forthese services. So long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.
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## Table ofContents

Name of Petitioner -------------------------------------------------------------------------------- 3

sUAS to be utilized --------------------------------------------------------------------------------- 3
Regulations from which exemption is requested ----------------------------------------- 4

Reasons for seeking relief ----------------------------------------------------------------------- 4

How our request would benefitthe publicas a whole --------------------------------- 9

Reasons whythe exemptionwould notadversely affect safety --------------------- 10

Conclusion 

### 11
AppendixA: Link to DJI Phantom 2 Vision +operating manual ------------------------ 12
Appendix B: Link to DJI Phantom 3 Professional operating manual ------------------- 12

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### Name of Petitioner: Trevor Hogan 7148 N. IL Rt. 2 Leaf River, IL 61047 Phone: (815) 703-9596
sUAS to be utilized: 1. 

### OJI Phantom 2Vision+ E-mail: Flyflick1@gmail.com

2. DJI Phantom 3 Professional These vehicles have the built in capability to limitthe heighttheyfly above the ground, to limitthe radius ofthe distance theyfly from the operator, and to exclude them from class B, C, and Dairspace as well anyTFR's (Temporary Flight Restricted) areas. The vehicles also have the built-in capabilityto return to the launching point ifthe wireless control link is interrupted or ifthe operator attemptsto exceed any ofthe height, radius, or airspace limitations programmed into them. The vehicles weigh less than five pounds. They have atop speed ofabout 30 m.p.h. They have fourfixed pitch rotors, thrust from which is varied by changing RPM. They are powered by a lithium polymer smart battery. Flight profiles- The petitionerwill program/or control the sUASs so they will notfly more than 400 feet above ground level, or more than 1500feet awayfrom its operator. The Pilot in command (PIC) will carefully inspectthe sUAS before each operation to assure that its compass and GPS system are properly calibrated and thatthe return-to-home feature, altitude, and radius limitations are in order The Petitionerwill notoperate in controlled airspace. In the unlikely event that a manned aircraft flies below 400feet AGL where the Petitioner is operating its sUAS, the operatorwill keep both the vehicle and manned aircraft and ground the sUAS immediatelytoyield to the manned aircraft. The Petitioner will notconduct flight operations out of his/herVLOS.

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### Regulations from which exemption is requested: 14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) 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. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) 

### & (b); 14 C.F.R. 91.40S(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) 

### & (b);



### Reasons for seeking relief: This exemption request is being submitted to fulfill Congress' goal underSection 333(a) through (c) of the Reform Act, which directs the Secretary ofTransportation to considerwhethercertain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required underSection 332 ofthe Reform Act. The applicant would like to fly sUAS for commercial purposes. We feel there is a high demand for work to be performed by sUAS because oftheirabilityto fly safely and efficiently. This safety and efficiency has opened up a whole new market of possibilities that will keep the United States moving forward in aerospace technology and keep our markets competing with the rest ofthe developed world. 14 CFR Part 21 subpart H, Airworthiness Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR 91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The


### 4Federal Aviation Act (49 U.S.C. 44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstratesthatthe sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operated hereunder is less than 5 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the PIC and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide agreaterdegree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part 21, Subpart H.
14 C.F.R. 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental or provisionally certificated aircraft, the operator mustalso 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-sport," "experimental," or "provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAS, two-inch lettering will be impossible. They PIC will have registration numberon his person while operating the sUAS.

14 C.F.R. 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthat is carrying passengers or propertyfor compensation or hire. Our sUAS do not carry any pilots or passengers nor propertytherefore Iam seeking an exemption to 14 CFR 561.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendantto the operation ofsUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC ofsUAS will always operate with due regard ofsafety of people, property, wildlife and nature.

14 C.F.R. 91.7(a) Civil Aircraft Worthiness
The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist fordetermining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety checklists priorto each flight an equivalent level ofsafety will be provided.
14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft Section 91.9 (b) (2) provides: 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 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The sUAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground control point where the PIC ofthe sUAS will have immediate access to it. 14 C.F.R. 91.109: Flight Instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftvia radio communications. The FAA has approved exemptionsforflight training without fully functional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. The equivalent level 

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### ofsafety provided by the fact that neithera pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.
14 C.F.R. 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higherthan 400AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owners. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121 AltimeterSettings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set 11

...

### to the elevation ofthe departure airportoran appropriate altimeter setting available before departure." As the sUAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the



### 7operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.
14 C.F.R. 91.151(a): Fuel Requirements The sUAS we will be using do not require fuel but are operated on battery power. The applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 25 minutes or25% of battery power- whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in 91.715, no person may operate acivil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate
.... (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under 91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew. The sUAS fully loaded weighs no more than 5 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the PIC is flying the sUAS will have immediate access to them; to the extentthey are applicable to the sUAS.
14C.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. 91.417(a) 

### & (b): Maintenance Inspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuantto the flight manual and 

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### operating handbook. An equivalent level ofsafety will be achieved because these sUASs are very limited in size and will carry asmall payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The PIC will ensure thatthe sUAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in theAircraft Operations Manual (AOM). As provided in the FOM, the operatorwill ensure thatthe sUAS is in working order priorto initiating flight and perform required maintenance as needed.


### How our request would benefitthe public

## as a whole: Use ofthe UAS in lieu ofa manned aircraftwould enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft ofgreater proportions, carrying a crew and flammable fuel. Additionally, use ofsUAS in orderto facilitate commerce could lead to economic growth. Operations forthis petition will enable service for property owners ortheirdesignees seeking an enhanced perspective for characteristics, amenities, and benefits oftheir desired photographic subjects that cannot be displayed through ground level videography/photography. Aerial photography is a valuable marketingtool that can lead to increased commerce and enhance personal photography. Search and Rescue operations can help save lives in the event of man-made emergency, or natural disaster. The rapid deployment ofsUAS can help first responders find access points to the affected area as well as help organize asearch and rescue operation by quickly mapping the area and coordinating search crews to priority areas. Agricultural scouting applications could lead to decreased use of pesticides and fertilizer and conservation ofwateras well as increased crop yields and decreased costs. Structural inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The petitionerwill provide clients with photographic data forthese purposes on a 'for hire' basis acting as an independent contractor. Liability insurance will be obtained commensurate with the granting of this request forexemption. Flight data including UAflight time, Control Unit operation time, incident, 

### 9accident, and details concerning any deviationsfrom normal operations will be available to FAA for use in collecting data regarding the use ofsUAS as part ofthis application. This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, orother means as required.


### Reasons whythe exemption would not adversely affect safety: The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

### 1. The sUAS will weigh less than 5 lbs. 2. Flights will be operated within VLOS ofa PIC and/orobserver. 3. Maximum flight time for each operational flight will be 25 minutes. Flights will be terminated at 25% battery power reserve or25 minutes offlight time whichever occurs first. 4. Flights will be operated at an altitude of no morethan 400 feetAbove Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS PIC and aVisual Observer (VO) when needed to maintain VLOS. 6. A briefing will be performed regarding the planned sUAS operations priorto each day's flight consisting ofall the days' operational activities. 7. The PIC will obtain verbal/written consent ofall persons involved with the planned operation and ensure thatonly consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required underthe FOM. With the advanced permission or direction ofthe FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operation ofsUAS and receive up-to-date information for the particular sUAS to be operated and will be able to show upon request their competent abilityto operate the sUAS and/orCamera. 9. The PIC and VO will be able to communicate by voice, phone, and/ortext at all times. 10. Written and/orverbal permission and permitswill be obtained from territorial, state, county orcity jurisdictions, including law enforcement, fire orotherappropriate governmental agencies when needed.

1011. Ifthe sUAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location and land autonomously. 12. The sUAS will have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies. 13. The sUAS has GPS-controlled autopilot system to maintain sUAS stability and control. 14. The sUAS has no souls on board and will not be operated over mass populations. 15. The sUAS has no fuel on board greatly reducing the risk offire orexplosion in the unlikely event ofa collision. 

### Conclusion: As a public safety worker, I recognize the need forthe safety ofthe citizens and visitors whofly in our NAS and occupythe ground below. The blanket regulation of "no commercial sUAS flights" does very little to enhance the safety ofour people and greatly inhibits potential economic activity in the U.S. This exemption request is submitted because Itruly believe commercial flights ofsUAS will do more harm than good. When operations are conducted in a mannerthat I propose, risk ofpersonal injury or property damage will be extremely limited and the benefits ofthe operations greatly outweigh the risks associated with them. Ithank you forthe consideration ofexemption from section 333 ofthe FAA Reform Act of2012.

Trevor Hogan FlyFiick Media Products

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### Appendix A
DJI Phantom 2Vision+ owner's manual link: http:/

### Idownload.dji-innovations.com/downloads/phantom-2-vision/en/Phantom_2_ Vision_User_ManuaI_ v1.8_en.pdf



### Appendix B
DJI Phantom 3 Professional owner's manual link: http:/

### Idownload.d ji-innovations.com/downloads/phantom_3/en/Phantom_3 _ProfessionaI_User_ManuaI_ v1.2_en.pdf



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