Re: Exemption Request under Section 333 of the FAA Reform Act an d Part 11 of the FAA Regulations

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Dear Sir or Madam: **Request:** In order to provide safe videography and photography for public and business interests, I, Savannah Bertrand, pursuant to Section 333 of the FAA Modernization and Reform Act of2012 ("FRMA"), would like to formally submit for exemptions from the following Section 333 regulations: **Regulations from which the exemption is req uested:**  14CFR 21 H 14 CFR 45.23 (b) 14 CFR 61.113 (A) 7 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b)(2) 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) & (b) 14 CFR 91.417 (a) & (b) 14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67

- 61.1 to 61.429 I am requesting these exemptions so I may safely fly DJI ’s Phantom 3 Professional commercially following the guidelines of the owner’s manual , FAA guidelines, AMA (Academy of Model Aeronautics) guidelines for safety, and guidelines set by Flysafe.**Proposed UAS and Operations**

The Phantom 3 Professional weighs approximately 3 pounds, has GPS and barometric sensors, a fail

- safe system, and is electric powered by a Lithium Polymer battery. It will be transported in proper storage to and from all flight areas. The proposed exemptions would allow me to operate the Phantom for the commercial purpose of aeri al photography for real

- estate, c ommercial property and agricultural needs. I also intend to use aerial photos to assist in the advertising needs of local non -profit businesses and churches.
**Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations:**  The Petitioner requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UAS's.

**14 CFR 21 H: Airworthiness Certificates** Certification Procedures for Products and Parts **Reason for Exception** Ithas been determined that similar UAS's do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664 and 11734.
**14 CFR 45.23 (b): Marking of the Aircraft** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. **Reas on for Exception**  Given the aircrafts size, these markings would be difficult to achieve. However, an equivalent level of safety will be achieved by following the AMA and Flysafes guidelines for safe flight.
**14 CFR 61.113 (A) 7 {b): Private Pilot Privilege s and Limitations**  The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) has a pilot certificate o r special purpose authorization issued under this part in th at person's physical possession or readily acc essible. (2) The flight is only incidental to that business or employment. (3) The aircraft does not carry passengers or property for compensation or hire.**Reason for Exception**

The petitioner will follow all manufacturers’ and AMA’s safety guidelines. Additionally, the petitioner has gone through Flysafe’s UA S training and completed Ground School. Considering the FAA’s current proposals of omitting this as a future requirement, I believe the private pilots lic ense is unnecessary considering the training I have had. **14 CFR 91.7 (a): Civil Aircraft Airworthiness** Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy condition. **Reason for Exception** Ithas been determined that similar UAS's do not require an airworthiness certificate . The petitioner will ensure airworthiness by doing Pre

- Flight, Flight, and Post Flight checks.
**14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft** This regulation pr ovides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. **Reason for Exception** The petitioner will have access to flight manual at ground control at all times to ensure an equivalent amount or safety.

**14 C FR 91.119: Minimum Safe Altitudes**  The regulation requires that the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure in populated areas. Since the aircraft wi ll be operating at a maximum of 400 feet AGL, we are unable to comply with this requirement.
**Reason for Exception** If I am flying over or near existing private property while providing aerial imagery, the property owner will be notif

ied in person by the Petitioner

. I will review the associated risks to p eople and property and will take every precaution necessary to avoid harm or destruction of property

. Due to the small size of the UAS , the associated risks are not comparable to manned aircraft s and should be taken into consideration.

**14 CFR 91.121: Alt imeter Settings**  This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter th at is set when operating below 18,000 feet MSL **. Reason fo**  **r Exception**The Phantom 3 Professional does not have barometric altimeter. It does have a GPS th at will calculate

altitude. The Petitioner will limit flights to a maximum altitude of 400 feet AGL

.
**14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions**  Fuel requirements for flight in VFR conditions: (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 , as suming normal cruising speed. **Reason for Exception** The Phantom 3 Professional is battery operated and provides a low battery warning. The petitioner will not fly unless there is enough power to fly at a normal speed to land safely.
**14 CFR 91.203 (a) & (b) : Carrying Civil Aircraft Certification and Registration**  **This regulation provides as follows:** No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. 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 19.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or
crew.
**Reason for Exception** All the necessary doc uments will be at ground control with petitioner
**14 CFR 91.405 (a): Maintenance Inspections** Each owner or operator of an aircraft

- (a) shall have that aircraft inspecte d as prescribed in Subpart E of this part and shal l between required inspections. **Reas on for Exception**  The Petitioner will inspect aircraft before every flight and follow a pre

- flight checklist. The petitioner will also keep a log of any repairs done.
**14 CFR 91.407 {a) {1): Maintenance**Operation after maintenance, preventative maintenance, rebuilding o r alteration: (a) No person may

operate any aircraft that has under gone maintenance, preventat ive maintenance, rebuilding, or alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of this chapter. **Reason for Exception** The petitioner will follow manufacturer’s suggestions for replacement parts.
**14 FR 91.409 (a){l) & (2): Inspections** Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual ins pections and is entered as an "annual" inspection in the required maintenance records. **Reason for Exception** The Petitioner will follow manufacturer's suggestions on inspections and repairs to ensure the UAS is safe to fly at all times.
**14 CFR 91.417 (a) & (b): Maintenance Records**  Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) of this sect ion: ( 1) (2) (3) **Reason for Exception** The Petitioner will keep record of all repairs.
**14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67 -**  **61.1 to 61.429: Pilot Certification** This section pertains to flight rules, pilot certificate requirements, manuals, etc. **Reason for Exception** The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and current F AA proposals have omitted this as a future requirement for small UAS's.**In conclusion ,** 

I, Savannah Bertrand, the Petitioner, request exemption from the above mentioned FAA regulations so I can legally operate my Phantom 3 Professional for commercial uses pertaining to Real Estate, Commercial, and Agricultural photography and videography. Th ank you for your time,
Savannah Bertrand, Rivergrind LLC 2930 Shady Grove Rd, Eau Claire WI 54703 (715) 383

- 0938 savannahburlingame@gmail.com