Joshua T Rhoden

1010 Havard

Huffman

, TX 77336

Mobile: 281

- 844

- 7754

Email: josh3075@gmail.com

January 17

, 2016

US Department of Transportation Docket

Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

- Aerial photography,

cinematography, videography, mapping, crop surveying, insurance inspections

Attachments

Please see the following URL for downloading o r viewing of related attachment including the

Phantom 3 user manual :

http://www.dji.com/product/phantom

- 3/download

References

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in the matter of the petition of

DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508 in the matter of the

petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter ofthe petition of

FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333

of the FAA Modernization and Reform Act of 2012, I Joshua T Rhoden

, referred to hereafter as the

petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§

• 61.113(a);

• 61.113(b);

• 91.119(c);

• 91.121;

• 91.151(a);

• 91.405(a);

• 91.407(a)(1);

• 91.409(a)(1);

• 91.409(a)(2);• 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by

the Federal Aviation Administration (FAA) for the purposes of aerialphotography, cinematography,

videography, mapping, crop surveying, inspections and other flight operations that could be

performed safely and more cost effectively with the us e of small UAS at low altitude within the U.S.

national airspace system as compared to a manned aircraft or other methods such as lift trucks,

cranes or booms. Operations will be performed only at the request of, and with the authorization and

permission o f clients or their authorized agents. So long as such operations are conducted within and

under the conditions outlined herein or as may be established by the FAA as required by Section

333. The conditions identified and proposed by the petitioner are drawn from reference 13.

Requested Exemption

The petitioner seeks exemption from the above mentioned FARs for the following reasons:

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, who hold

a SPORT PILOT CERTIFICATE (or greater). Any pilots operating under this exemption would be

required to comply with any conditions as set forth and in a similar fashion to the previously granted

exemptions.

91.119(c); As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer

than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential

persons, or objects that would not be possible without additional relief. The petitioner requests

modification, waiver or exemptio n and clarification concerning the terms “congested areas” and

“densely populated”. The petitioner requests waiver for this condition to allow reasonable and

responsible operations in areas of subdivisions and neighborhoods if required.

91.121; As discusse d in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude

information.

91.151(a); As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONSLLC) prior

relief has been granted for manned aircraft to operate at less than the prescribed minimums,

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been

granted in Exemption Nos. 8811, 10808, and 10 673 for daytime, VFR conditions. The UAS

provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25

minutes of powered flight.

Information provided in the operating documents discusses procedures regarding remaining battery

power management. Those documents contain a condition in which the PIC will initiate a landing

procedure when battery remaining reaches a specified level.Given the limitations on proposed

operations and the location of those proposed operations, Th e FAA found that a reduced minimum

power reserve for flight in daytime VFR conditions was reasonable.91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b); As discussed in

Exemption 11138 (DOUGLAS TRUDEAU), the petitioner proposes to ins pect and ensure that the

UAS is in a condition for safe flight in accordance with the operating documents. The FAA found

that adherence to the petitioner’s operating documents and the conditions and limitations specified,

describing the requirements for maintenance, inspection, and record keeping, were sufficient to

ensure that safety would not be adversely affected.

The UASes

The DJI Phantom 3 is a small rotorcraft in the quadcopter configuration with an advertised weight

1280g and is equipment with a cu stom high definition camera. It has an advertised maximum speed

of 36 mph. It is powered by four electric motors'. It utilizes an internal inertial measuring unit (IMU)

with integrated barometric sensor augmented with global positioning system (GPS) to mai ntain its

geospatial orientation and position. It is also controlled in hover by Vision Positioning System that

senses the ground. It is controlled primarily through an FCC certified radio control (RC) unit. Real

time video and telemetry information are transmitted back to a ground control unit allowing the

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC,

camera imagery, and control camera angle. It has fail

- safe modes of operation for either loss of RC

or GPS signal. Altitude can be limited by the on

- board flight controller and maximum altitude can be

programmed by the PIC. Battery life limits flight times to approximately 25 minutes. The on

- board

flight controller will wa rn the pilot via telemetry and external lighting cues before reaching a low

battery state. An automatic termination of flight and landing will be initiated when the battery

reaches a predetermined low state. A return

- to

- home (RTH) feature can be manually i nitiated with

the press of a button. It is anticipated that flights will usually last less than 20 minutes. More

information is available at the attachment URL, above.

Risk Mitigation

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Limitations section and

believes that the procedures specified therein are reasonable and will be utilized in order to manageand mitigate risk and ensure public safety. Apreflight checklist will be developed and employed to

ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by

performance of routine inspections before each flight, maintaining flight and maintenance logs to

record time on failure prone components.

The petitioner request that in a ma nner similar to reference 3, he be allowed to operate within 5

miles of an airport provided that:

“The UA may not operate in Class B, C, or D airspace without written approval from the

FAA. The UA may not operate within 5 nautical miles of the geographic center of a non

towered airport as denoted on a current FAA published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter of agreement with

the airport management must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is

requesting a mechanism to facilitate such activities without requesting a new and separate

exemption(s) should the need arise.

Public Interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental

impact as compared to similar operations conducted with manne d aircraft of greater proportions,

carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce

could lead to economic growth. Operations for this petition will enable service for property owners

or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their

desired photographic subjects that cannot be displayed through ground level

videography/photography. Aerial photography is a valuable marketing tool that can lead to increased

commerce and enhance personal photography. Crop surveying applications could lead to decreased

use of pesticides and fertilizer and conservation of water as well as increased crop yields and

decreased costs. Aerial surveying and insp ections can increase work site efficiency, improve

volumetric estimations and reduce risks. The process of insurance underwriting evaluation and

damage assessment will be streamlined. Areas not accessible by foot or too damaged to safely reach

data will be able to be rapidly documented. The petitioner will provide clients with photographic data

for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer will be

utilized. Liability insurance will beobtained commensurate with the granting of this request for

exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, and

details concerning any deviations from normal operations will be available to FAA for use in

collecting data regardi ng the use of UAS as part of this application. This data may be submitted to

FAA via traditional means, e.g. COA Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, ci nematography,

videography, mapping, crop surveying, inspections, insurance underwriting and damage evaluation,

and other flight operations”. The request for several uses of the UAS is to allow for future demand to

be met without the need for additional exemptions to be filed. There is already a high demand for real

estate photography, crop surveying, and aerial inspection ofproperty.Use of an UAS would ultimately provide a tool that is far safer, more co st effective and

more timely than other methods. The primary purpose of seeking this exemption is to obtain the

capability to offer those services while remaining in compliance with FAA regulations.

Sincerely,

Joshua T Rhoden