In the matter of the petition of Sam Betko, Freelance Photographer, for an exemption from Part 21; and §§ 45.23(b); 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); and 91.417(a) & (b) of Title 14, Code of Federal Regulations

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

GRANT OF EXEMPTION

By way of the regulations.govwebsite on June 17, 2014, Mr. Sam Betko (“PETITIONER”), 12125 Culver Dr, Culver City, CA. 90230, petitioned the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 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) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption would allow PETITIONER to operate the PHANTOM 2 quad-copter unmanned aircraft system (UAS) to conduct aerial videography to showcase communities in Los Angeles and

enhance awareness for conservation of the Ballona Creek Wetlands and other shoreline

communities .

PETITIONER hereby requests relief from the following regulations:

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.

AFS-14-373-E

2 Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally 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-sport,” “experimental,” or “provisional,” as applicable. Section 61.113(a) and (b) prescribes that— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 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. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when any unairworthy, mechanical, electrical, or structural

conditions occur. Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and landing distance information. Section 91.109(a) prescribes, in pertinent part, 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. Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

3 (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Section 91.151(a) prescribes that 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 minutes [emphasis added]. Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers

or crew.Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

4 Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return

to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

5 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.(3) A list of defects furnished toa registered owner or operator under§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

The PETITIONER supports his request with the following information:

The PETITIONER has provided the following information – contained in his petition and supporting documentation including: 1) Petition for exemption/rulemaking, 2) PHANTOM Flying Flow Chart V1.0 (Simplified Version)Sup2, 3) PHANTOM Quick Start Manual v1.7 Sup8, 4) PHANTOM 2 Advanced Manual v.1.4, 5) PHANTOM 2 User Manual(Sup4) 5) Restricted areas map around LAX(Sup5), 6) Preflight Check List (Sup6), 7.) Phantom_2_Release_Notes_en, and 8.) Syma X5C-1 User Guide(Sup9). A ll hereinafter referred to as operating documents.

PETITIONER’S information is organized into four sections: 1) the unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public Interest.

Unmanned Aircraft System (“UAS”)

PETITIONER plans to operate a UAS, the PHANTOM, which is comprised of an unmanned aircraft (UAS or PHANTOM) and an ISOD mini that displays telemetry on any portable monitor (see ISOD User Manual, Supplement No. _3__). The PHANTOM is referred to as a quad-copter with an unladen gross weight of approximately 3.5 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 30 knots. PETITIONER plans to attach a small ultra-lightweight GoPro 4 camera to the UAS and operate the UAS over public areas, and private areas by permission of owner, in Southern California, including Los angeles California in order to promote conservation and enhance community awareness of shoreline communities, business, and real-estate. PETITIONER plans to augment real estate listing videos showcasing properties, promote tourism, and economic activity

in local communities.

PETITIONER has added the following operational guidelines which he promises to abide by to ensure this exemption will operate with a level of safety equal to or greater

than existing rules: • PETITIONER will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports, Satellite Dishes, and actively congested areas; and • PETITIONER will conduct extensive preflight inspections and protocols, during which safety carries primary importance. (see Preflight Checklist, Supplement No. _6__)

Given the size, weight, speed, and limited operating area associated with the UAS , an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to conditions and limitations, is warranted andmeets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333). PETITIONER requests an exemption from § 45.23 - marking of the aircraft - because the UAS does not have a cabin, cockpit or pilot station. Further, the UAS dimensions of the UAS are smaller than the minimal lettering requirement.

PETITIONER requests an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections - as the UAS does not have an onboard pilot or an airworthiness certificate. To meet this requirement; PETITIONER will perform a preflight inspection of his UAS before each flight as outlined in his Preflight Checklist (Sup6).

UAS Pilot in Command (PIC)

PETITIONER requests an exemption from § 61.113 (a) and (b) - private pilots are required to fly a minimum amount of hours as part of licensing; PETITIONER will exceed the minimum amount of hours required by this section. He further indicates that no person will fly without a minimum of 500 supervised hours minimum to satisfy the activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. Regarding UAS operational training, the petitioner states he has flown 300+ hours of practice flights in remote areas, using the exact Phantom 2 UAS to be used, simulating flights for future commercial use to gain familiarization with the characteristics of his UAS’ performance under different temperature, weather, wind, and solar activities. Furthermore, Hundreds of take-offs and landings have been logged during this time. He further states that he practices using smaller sport UAV quadcopter with significantly steeper learning curves. The Syma X5C-1 UAS will be used for 20 hours a month, and a log will be maintained to keep track of hours. The petitioner states that this UAV lacks any GPS Stabilization and is a good simulation of what the Phantom UAS would be if the GPS failed for any reason. A minimum of 20 take offs and landings will be made with the Syma X5C-1 monthly. A minimum of 10 emergency landing simulations shall be completed monthly using the Syma XC5-1 to simulate landing without GPS or any other stability support. In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary airman certificate in accordance with § 63.13, to allow him time to obtain a private pilot certificate or to allow the FAA time to establish minimum UAS airman

certification standards.

UAS Operating Parameters

The petitioner states that he will abide by the following additional operating conditions under this exemption: • Preset his UAS to stay below 300 feet and within a radius distance of 10 00 feet from the controller to both aid in direct line of sight visual observation;• operate the UAS for 3-7 minutes per flight even though UAS has flight time of 25 minutes; • land his UAS prior to the manufacturer’s recommended minimum level of battery power of 25%; • operate his UAS only within visual line of sight (VLOS); • use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost ; or if UAS flys outside of preset boundaries; or inadvertently into a manufacturer set “No Fly Zone” I.e. Los Angeles International Airport.

• The UAS Manufacturer suggests a minimum of six GPS signals for this safety function; petitioner will wait for a minimum of 8 GPS signals as indicated in the Preflight Checklist(Suplement No 6);

• C onduct all operations under his own personal and flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance his safety protocols; • contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information; • always obtain all necessary permissions prior to operation; and • have procedures in place to abort flights in the event of safety breaches or potential danger.

Petitioner states that § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. The petitioner asserts that since there is currently no certificate applicable to his operation, he will check airworthiness before every flight using the Pre Flight Checklist (Supplement 6).

Petitioner states that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board his aircraft and given its size, he will keep all “operating documents” with his person when operating UAS. He further indicates an equivalent level of safety will be achieved by maintaining a safety/flight manual with the ISOD Telemetry Display as specified in Sam Betko (Supplementary Information No. 3). Petitioner indicates that § 91.121 Altimeter settings is inapplicable since the Phantom 2 UAS utilizes electronic GPS with Preprogramed altitude limits. Please see Sam Betko (supplementary info No 7) to see manufacturers release notes explaining this new failsafe technology.

Public Interest

The petitioner states that aerial videography for geographical awareness for real estate and small business marketing has been around for a long time through manned fixed wing aircraft and helicopters. Unfortunately, for small business owners its expense has been cost-prohibitive. Granting this exemption to the petitioner would allow him toprovide this service at a much lower cost. Further, the petitioner indicates his small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The petitioner also states that the operation of his UAS will minimize ecological damage to sensitive wetlands, and shoreline ecosystems and promote economic growth by providing information to companies looking to market, relocate, or start a small business in the Los Angeles area

.