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David Massengill Photography Owner: James David Massengill II 1600 Sundrop Dr. Knoxville, TN 37921 P h o n e : 8 6 5

- 8 5 0

- 1 0 2 7

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2); 14 CFR 91.417(a) and (b)

To Wh om it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, James David Massengill II, operator of Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulatio ns (FARs) to allow commercial operation of UAS, so long as such operations are conducted within and under those conditions outlined herein or as may be established by the FAA as required by
Section 333.

Description of Requested Operations

Commercial operat ion of UAS, as described herein, which are equipped with camera and sensors, would operate in the following manner:

• Aerial photography/video capture for public and private use of subjects that incl ude architecture, real

estate , engineering and other relate d activities.

• Aerial photography/video capture for public and private events including news gathering where local permission is granted.

• Aerial photography/video capture including inspection of commercial utility infrastructure and
construction sites.

• Ae rial photography/video for land surveying and agriculture monitoring.

• Disaster response to aid firefighters, police, and EMTs only when requested.


### Petitioner requests relief from the following:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 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) (2) 14 CFR 91.417 (a) & (b)Page 2 of 6

Description of UASs to Be Used:

UAS 1: Craft Name: DJI Phantom 3 Professional

• Weight: 1280g (2lbs 13oz)

• Dimensions: 40.36cm x 19.05cm (16in x 7.5in)

• Maximum Speed: 35mph (16 m/s)

• Maximum Ascent Speed: 11.18mph (5 m/s )

• Maximum Descent Speed: 6.71mph (3 m/s)

• Propulsion : Four(4) Motors, ( Model DJI 3510 )

• Power: 4480mAh 4s LiPo Lithium Polymer Battery

• Controlling Mechanism: C3 remote controller with an operating frequency of 2.400GHz

- 2.483GHz. Additionally, the UAS has further stability controls through the use of GPS guidance. In th e event of loss of GPS, full manual control can be quickly obtained.

• Maximum Range: 1.2 miles. The applicant will operate UAS within Line of Sight (LOS) within a closed area as predetermined by the property owner/representative at all times.

• Camera: 4k Camera attached to 3

- axis gimbal

UAS 2 : Craft Name: 3D Robotics "Solo"

• Weight: 1 50 0g ( 3.3 lbs )

• Motor

- to

- Motor Dimensions: 2 6cm ( 18in )

• Maximum Speed: 55 mph

• Cruise Speed: 5.7mph

• Maximum Climb Rate: 11mph

• Maximum Descent Rate: 5.5mph

• Propulsion : Four(4) Motors, (Model DJI 3510)

• Power: 5200 mAh 14.8 Vdc Lithium Polymer Battery

• Controlling Mechanism: 3DR Solo Controller with an operating frequency of 2.4GHz. Additionally, the UAS has further stability controls through the use of GPS guidance. In the event of loss of GPS, full manual control can be quickly obtained.

• Maximum Range: 0.5 miles . The applicant will operate UAS within Line of Sight (LOS) within a closed area as predetermined by the property owner/representative at all times.

• Camera: GoPro Hero connected to 3

- axis gimbal

P u b l i c B e n e f i t

. Both UASs, given their size, stability, and manner of propulsion, are more safe to the general public than the operation of full

- sized aircraft carrying flammable fuel. With the reduction of environmental impact,
noise , and safety hazards in the operations c o m p a r e d t o f u l l

- s i z e d a i r c r a f t , the grant of the requ ested exemption is o f b e n e f i t t o t h e g e n e r a l p u b l i c a s a w h o l e

. T he proposed operations will adhere to the Reform Act's safety requirementsPage 3 of 6

David Massengill Photography will only ope rate the UASs within the parameters set forth below:

• Operation within line of sight.

• Operation at sites that are sufficient distance from populated areas, which will not create a hazard to users of the National Airspace System (NAS) or the general public.

• When flying UASs within 5mi of an airport, David Massengill will notify airport operators. David Massengill will also give the right of way to avoid flying in the proximity of full

- scale aircraft.

• Flights will be terminated at 25% battery power to ensure enough power for UAS to land properly and safely.

• The UAS will be programmed so that it will n ot exceed an altitude of 400 ft above ground, will operate in FAA Class G Airspace, and will travel no further than 1000 ft from operator.

• The UAS will not exceed speeds of 35 mph

.

• All required permits will be obtained from state and local government prior to operation.

• David Massengill will not operating UAS over open

- air assemblies of people or moderately travelled roadways.

14 C.F.R. Part 21, Subpart H: Airwort hiness 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 ar ea 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 Federal 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 to airports and populated areas of the part icular 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 safe, or safer, than a conventional aircraf t (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. with max payload , carries neither a pilot nor passenger, carries no explosive m aterials or flammable liquid fuels, and operates exclusively within a secured and designated area under permission . Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. 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 oper ation, 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 Aircraft The regulation requires: 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,Page 4 of 6

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 UAS will have no airworthiness certificate, an exemption will be needed as the UA S will have no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, 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 UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” 14 C.F.R. § 61.113 ( a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), 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 compensati on or hire. An equivalent level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any
p ilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the c ommercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircra ft 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 for mainten ance 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 Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil air craft ... (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,

m arkings, and placards, o r any combination thereof. The UAS, 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 aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. 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. The PIC will take all actions as stated in the manufacturer FOM in the pre

- flight inspection section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 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 helicopter complies with any route or altitudes prescribed for heli copters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to o perate at altitudes up to 400 feet above ground level , or not more than 200 feet above an elevated platform from which filming is planned, an e xemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 ft AGL with the exception that in circumstances where the UAS is used to survey or photograph a str ucture whose height exceeds 400 ft AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will
, however be operated in a restricted areaPage 5 of 6

with security perimeter, where buildings and people will not be exposed to operations without their
pre

- obtained consen t. The equivalent level of safety will be 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 notic e 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 operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation betwee n these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to

an altim eter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent l evel of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for F light 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 UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. 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 twilight VFR conditions is reasonable. James David Massengill II, owner of David Massengill Photography believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 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 alle viate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting fl ights to 20 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Airc raft 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 certificate required 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 passeng ers or crew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the