Elliot G Sanders

Tel 719

- 310

- 7146 Manlius, NY Elliot.sanders2@gmail.com

Mar 7, 2016

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

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 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);91.417 (a) & (b).

Dear Sir or Madam :

I am writing this exemption request on my own behalf. I have no legal counsel. I am a military pilot in the New York Air National Guard who flies unmanned aircraft, and I hold a commerc ial, multi

- engine instrument pilot’s certificate (#2735083). Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, I, Elliot Sanders (the Application), is seeking permission to operate a small UAS ( DJI Phantom 3 Advanced) for aerial imaging and videos, to include real estate photography, and events such as private parties, weddings, and amateur sporting events.

As described more fully below, the requested exemption would permit the operation of

sm all, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is: Elliot G Sanders Ph: 719

- 310

- 7146 Email: elliot.sanders2@gmail.com Address: 4434 Silkweed Circle, Manlius NY 13104

Regulations from which the exemption is requested: 14 C.F.R Part 21 14 C.F.R. 45.23(b) 14 C.F.R 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R 91.9 (b) (2) 14 C.F.R . 91.103 14 C.F.R. 91.109 14 C.F.R. 91.11914 C.F.R. 91.121

14 C.F.R 91.151 (a) 14 C.F.R 91.203 (a) & (b) 14 C.F.R 91.405 (a) 14 C.F.R 407 (a) (1) 14 C.F.R 409 (a) (2) 14 C.F.R 417 (a) & (b)

This exemption application is expressly submitted to fulfill Con gress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to n ational security in light of the following:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c)

. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that a ll civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). The sUAS that the applicant currently owns (See images and information in Appendix A) are multi

- rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operat e only within areas that have been deemed safe to fly by the PIC during pre

-flight planning.

The sUAS currently owned is manufactured by DJI (model Phantom 3 Advanced ). DJI is the leading manufacturer of multi

- rotorcraft designed specifically for unmanned aerial photography and videography. It has an abundance of safety features built in including ‘Return To Home’ feature that allows the aircraft to return to its originating coordinates and land safely

on its own should the controlling radios signal be lost or interfered with.

**See appendix A** for more information on the manufacturer and safety data. Along with the safety features built into the DJI Phantom, the Applicant will be the acting PIC. The applicant is also a military instructor pilot in the MQ

- 9 Reaper (New York Air National Guard), is a rated commercial pilot, and has experience flying Radio Controlle d airplanes and helicopters. As a military pilot with fifteen years of experience , the applicant understands the risks and dangers involved with flying aircraft near an airport and will make sure the sUASs are not flown within 5 miles of an airport. The DJI Phantom aircraft also has the most recent fi rmware update which has software in it that prevents the aircraft from being flown within 5miles of an exi sting airport. Such experience and safety precautions will insure that the sUAS

will “ not create a hazard to users of the national airspace system or the public.”

Given the small size of

the sUASs involved and the restricted sterile environment within wh ich they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for aerial photographic operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption with out delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement for current Aerial photography services that use conventional, ‘full scale’, piston/jet driven aircraft. These limitations and conditions to which Elliot Sanders , the app licant, agrees to be bound when conducting commercial operations under an FAA issued exemption include:

Reform Act Section 333 (b). 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4 . Flights will be operated at an altitude of no more than 400 feet AGL 5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual Observer. 6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate. The ob server will hold at least a third class medical. 7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on location (i.e. the Aerial Coordinator), that person can also be designated as PIC. 8. The UAS will only operate within a confined “Sterile Area” that has been investigated and evaluated before flight operations. 9. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. 10. Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated. 11. Observer and pilot will at all times be able to communicate by voice and/or text. 12. Wr itten and/or oral permission from the relevant property holders will beobtaine d.

13. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 14. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and land. 15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergenci es.

**14 C.F.R. Part 21, Subpart H: A irw**  **orthiness Certificates 14 C.F.R. §91.203 (a) (1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1 ). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, 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 Fede ral Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity t o airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as

s afe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilo t nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by bot h the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted 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 national security posed by the UAS, 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. § 45.23 (b). Marking of the A ircraft**  The regulation requires: Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- spo rt 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 word s "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on whi ch the word “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAVwill see the identification of the UAS as “Experimental.” The FAA has issued the following

exemptions to this regulation to Exemptions Nos. 10 700, 8738, 10167 and 10167A.

**14 C.F.R. §91.7(a): Civil aircraft airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the DJI Owner’s Manual for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

**14 C.F.R. § 91.9 (b) (2): Civil A ircraft Flight Manual in the A** **ircraft.** 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 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 an y combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the airc raft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos . 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

**14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in DJI Phantom Owner’s manual along with the applicant’s 20+ years of experience flying radio controll ed aircraft without incident. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

**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 for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a n umber of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

**14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the he licopter complies with any route or altitudes prescribed for helicopters by the FAA. As thisexemption is for a sUAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL, an exemption may be needed to allow such o perations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be expo sed to operations without their pre

- obtained consent. The sUASs are equipped with telemetry back to the operator. Telemetry includes altitude, vertical and horizontal ground speed, direction and distance from operator. The equivalent level of safety will b e achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft used in photography for Real Estate and Business. In addition, the low

- altitude operatio ns of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

**14 C.F.R. §91.121 A ltimeter Settings**  This regulation requires each person operating an aircraft to m aintain 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.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

1 **4 C.F.R. § 91.15 1(a): Fuel Requirements for Flight in VFR Conditions**  Section 91.151 (a) prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 25 minutes of powered flight. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, 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. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

**14 C.F.R. §91.203 (a) and (b): Carry ing Civil A**  **ircraft Certification and Registration** 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 certifica terequired by paragraph (a) of this section 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. The UAS fully loaded weighs no more than 55 lbs and is operated w ithout an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A

, 9797, 9797A, 9816A, and 10700.

**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this par t and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the manufacturer’s flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and wi ll be operating from no higher than 400 feet AGL. As provided in the Owner’s Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined th at publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 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) and (b); 91.405 (a); 91. 407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in motion picture and television operations.

Approval of exemptions allowing commercial operations of sUASs will enhance safety by reducing risk. Conventional aerial photography/videography operations use jet or piston powered aircraft. Such aircraft must fly to and from the film location. In contrast, a sUAS

we ighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the film location and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer t han conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.**Privacy**

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Photogra phs will be of people who have also consented to being photographed or otherwise have agreed to be in the area where photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size,

we ight, speed, operatin g capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the aerial photography industry.

Sincerely, Elliot G Sanders



## Appendix A

DJI Battery Safety Documentation: http://www.dji.com/product/phantom

- 3

- adv/info#downloads DJI Phantom 3 Advanced Owner’s Manual with pre

-flight checklist and maintenance procedures: http://www.dji.com/product/phantom

- 3

- adv/info#downloads DJI’s W ebsite resource to locat e NO FLY ZONEs near your current location: http://www.dji.com/fly

- safe/category

- mc