1

Re: **Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations**  Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Wi lliam J. Henderson , an operator of the YUNEEC Q500 (“Q500 ”) Unm anned Aircraft System (“UAS”) seeks exem ption from the Federal Aviation Regulations (“FARs”) as described below. The exem ption request will perm it Wi lliam J. Henderson to operate UASs comm erciall y for the purpose of film ing and photographing property, people, and events. Wi lliam J. Henderson will provide a service that is beneficial to an industry that is already using, and seeking to use, UASs for these purposes with a legal and safe option whil e providing relevant experience and information to the FAA and the UAS community. This w ill benefit the public with the controlled operation of UASs by Wi lliam J. Henderson and increased integration into the National Airspace System (“NAS”). All operat ions by Wi lliam J. Henderson will strictly adhere to safe ty, applicable FARs, Operator’s Handbook, applicable Airworthiness Directives, and all other guidelines from the FAA. Wi lliam J. Henderson will, at all tim es, conduct operations in a manner as to m ai ntain the sam e level of safety as current m anned aircraft operations. Wi lliam J. Henderson will operate exclusively in controlled conditions, within visual line of sight (“VLOS”), at low

altitudes of 400 feet above ground level (“AGL”), or no higher than 200 feet above the highest obstacle (“AHO”) with prior Flight Safety District Office (“FSDO”) approval. Any UAS in operation by Wi lliam J. Henderson will not exceed 55 lbs. weight. At all tim es Wi lliam J. Henderson will, m aintain safe operations, ensure current requirem ents are met, and consistently assure an open line of comm unication with the FAA. Wi lliam J. Henderson will m aintain the highest of standards in all UASs operations. A thorough unde rstanding of the importance of safety guidelines in t he NAS, and a desire to prom ote the appropriate integration of UASs for the furtherance of aviation as a whole is the fou ndation upon which this Wi lliam J. Henderson wi ll operate.2

The nam e and address of the applicant are:

Wi lliam J. Henderso n Ph: 919.434.5844 Em ail: w jh@htc

- odessa .com Ad dress: 416 Cottonseed W ay

Durham, NC 27703 The regulations from which the exem ption is requested are as follows:



### 14 C.F.R. Part 21 **; 14 C.F.R. 91.7(a**  **) ;**  **14 C.F.R. 91.9(b ) (**  **2 )**  **; 14 C.F.R. 91.109(a** **) ;**  **14 C.F.R. 91.119 ;**  **14 C.F.R. 91.105 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. 91.407(a ) (**  **1 )**  **; 14 C.F.R. 91.409(a** **) ( 2**  **) ;**  **14 C.F.R. 91.417(a).** Appendix A discusses each rule listed above and explains why exem ptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.



### The A **pplicable Lega l Standard Under Section 333**  Wi lliam J. Henderson subm its that grant of this exem ption application advances the Congressional m andate in Section 333 of the Reform Act to accelerate the introduction of UASs into the NAS if it can be accom plished safely . This law directs the Secretary of Transportation to consider whether certain UASs m ay operate safely in the NAS before com pletion of the rulemaking required under Section 332 of the Reform Act. In making this determ ination, the Secretary is required to determ ine which types of UASs do not create a hazard to users of the NAS, the public, or pose a threat to national security in light of the follow ing: ● The UAS’s size, weight, speed, and operational capability ;3 ● Operation of the UAS in close proxim ity to airports and populated areas ; And ● Operation of the UAS within visual line of sight of the operator. Reform Act § 333(a ) ( 1). If the Secretary deter mines that such vehicles “m ay operate safely in the national airspace system, the Secretary shall establish requirem ents for the safe operation of such aircraft in the national airspace system .” Id. §333(c) (em phasis added). 1
The Federal Aviation Act ex pressly grants the FAA the authority to issue exem ptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirem ent that all civil aircraft must have current airworthine ss certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Adm inistrator may grant an exem ption from a requirem ent of a regulation prescribed under subsection (a) or (b) of this section or any of sect ions 44702-44716 of this title if the Adm inistrator finds the exem ption is in the public interest. The grant of the requested exem ption is in the public interest based on the clear direction in Section 333 of the Reform Act ; The additional authority in the Federal Aviation Act, as am ended ; The strong equivalent level of safety surrounding the proposed operations ; And the significant public benefit, including enhanced safety and cost sav ings associated with use of UASs for aerial videography/photography, the reduction or elim ination of unregulated operators, and the safe integration of UASs. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption w itho ut delay. **Airworthiness** Grant of the exem ption to Wi lliam J. Henderson will be subject to the following m andatory airworthiness conditions:

● The UAS w ill never exceed a gross takeoff weight (GTOW ) of 55 lbs., or in excess of the Operator Handbook/M anufacturer recommendations, whichever is more restrictive. ● The Manufacturer checklist and Wi lliam J. Henderson preflight checklist will be followed prior to each flight.

1 Applicant submits that this provision places a duty on the Administrator to not only process applicants for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the UAS. Stunning Heights respectfully requests the opportu nity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification.4

● The aircraft registration num ber w ill be displayed on the aircraft in accordance wi th current regulations. ● The POH, registration, copy of exem ption, checklist, and copy of m aintenance records will be m andatory docum ents for operation and m ust be located w ith or in the base station and accessible to the PIC at all tim es. ● Any FAA or m anu facturer required placards are placed and clearly visible on the base station or controlling device. ● All equipm ent installed on the UAS w ill be operational for flight. ● PIC w ill be the determ ining authority on the airworthiness of the UAS prior, during, a nd after each flight, and w ill cease operations upon deem ing the UAS not airworthy until proper m aintenance or action has been taken. ● In adherence to 14 C.F.R. §43.9 each person who m aintains, performs preventative maintenance, rebuilds, or alters the UAS , airframe, m otor, propeller, appliance, or com ponent part w ill m ake an entry in the m aintenance record of that equipm ent containing the following inform ation: ○ Description of work perform ed. ○ Date of completion of work performed. ○ Nam e of the person performing the work. ○ Signature of the person performing the work. ● In addition to the information above, the following will be included on any maintenance records for record keeping and reporting to the FAA upon request: ○ Aircraft total time. ○ Tim e in service of part by m ethod of Time since New (TSN) or Tim e since Overhaul (TSO). ○ Manufacturer, model, serial and/or part num ber w hen available. ● Any m aintenance action that may affect flight characteristics or airworthiness will hav e a ma intenance op erational check and test flight performed by the PIC

**Mandatory**

**Operating Conditions** Grant of the exem ption to Wi lliam J. Henderson will be subject to the following m andatory operating conditions:

● Operations occurring within Class B airspace require coordination and approval from the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing (14 CFR §91.215(d)(3)). Communication commencing operations, during operations , and term ination of operations by use and constant m onitoring of appropriate tower frequency by ground radio.5 ● Operations within Class B 30NM Mode C Veil require at m inim um 48 hour prior notification of the FAA Flight Standards District Office having jur isdiction. Notification and communication with Air Traffic Control upon comm encing operations, during operations, and term ination of operations by use and constant m onitoring of appropriate tower frequency by ground radio (14 CFR §91.215(3)). ● Operations w ithin Class C, or D airspace require notification at minim um 24 hour prior notification of the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing (14 CFR §91.215(d ) ( 3)). Communication commencing operations, during operations, and term ination of operations by use and constant m onitoring of appropriate tower frequency by ground radio. ● Operations within 2.5 NM radius of airport runway centerline within class E, or G a irspace require at a minim um 24 hour prior notification of the FAA Flight Standards District Office having jurisdiction, at a m inim um 24 hour prior notification of the Airport Manager or Controlling Agency, notification and communication with any control t ower, or on CTAF frequency, upon commencing operations, during operations, and term ination of operations by use and constant m onitoring of appropriate frequency by ground radio. ● Operations within class E or G airspace not w ithin 2.5 NM of airport runway c enterline requires constant m onitoring of applicable CTAF or 123.025 (helicopter air to air) and reporting upon commencing operations, during operations, and term ination of operations by ground radio. ● No operations are to be conducted within 2.5 NM in-lin e with runway centerline azim uth and on the approach end of a runway that is actively in use. ● All operations are required to rem ain at, or below, 400 feet AGL unless prior approval is received from the FAA Flight Standards District Office having jurisdict ion, and no flight exceeding 400 feet AGL m ay go above 200 feet above the highest obstacle, or outside visible range, or beyond the capability of the UAS (whichever is lower in altitude). ● Operations are to be conducted over private or controlled-access property. ● Perm ission from land owner/controller required before commencing any flight. ● Operations to occur under Visual Flight Rules during Visual Meteorological Conditions (VMC). ● Aircraft to remain w ithin Visual Line of Sight (VLOS). ● Operations to be co nducted in a controlled environm ent with only the necessary persons present, any person present, not em ployed by Wi lliam J. Henderson , w ill sign a waiver acknowledging UAS operations, proper safety procedures, and a statement acknow ledging risks. ● Operatio ns will be conducted with a visual observer (VO), in addition to the UAS pilot, w ho will remain in VLOS with the UAS pilot, the UAS, and the area of operations at all tim es. VO w ill assist in m aintaining a controlled6 environm ent, spotting hazards to perso ns or property, m onitoring and communicating on appropriate ATC, CTAF, or other appropriate radio frequencies. ● UAS w ill not be operated below 25% battery capacity, or a battery power reserve of less than 10% flight tim e, whichever is the greater of the two. **Operator Requirements** Wi lliam J. Henderson understands and upholds the stance that necessary precautions are required to protect aircraft already operating in the NAS, and the safety and security of the flight crew

me mbers, passengers as well as t he public and property. For this reason Wi lliam J. Henderson will require all pilots of the UAS to be a trained in the operation of the UASs. The PIC and the Visual Observer will, at all tim es, be aware that UASs currently cannot adhere to the standard “see and avoid” requirements due to the size of the UAS im pacting the distance at which it can be identified by pilots of manned aircraft. Wi lliam J. Henderson maintains a zero tolerance policy for any pilot that fails to give com plete right of way, and wide berth to any aircraft that comes w ithin 1 statute m ile horizontally or 2000 feet vertically of operations.

The PIC will adhere to appropriate FARs as well as follow the included UAS user Manual. The PIC will, while the exem ption is in place, log all flights conducted, or any flight to m eet the requirem ents. The visual observer will be trained according to the Operating Manual. The VO will be required to exhibit proficiency in operating the UAS . The VO w ill not, at any tim e during operations c onducted under this exem ption, operate or control any portion of the flight of the UAS unless they m eet the PIC requirem ents of this exem ption. **Privacy** All flights will occur over private or controlled access property with the property owner’s or con trolling authority’s prior consent and knowledge. Film ing will be of people who have also consented to being filmed or otherwise have agreed to be in the area where film ing will take place.

* * * In summ ary, applicant seeks an exem ption from the FA Rs set forth above and in Appendix A to allow

commercial operations of UASs conducting aerial flights as described.7

Approval of the exem ption allowing commercial operations of Wi lliam J. Henderson UASs will increase safety by perm itting an operator to c onduct a service safely that is already occurring without FAA knowledge, exem ption, or adhering to prescribed safety guidelines. The exem ption w ill also encourage the education of UAS operators and the adoption of FAA guidelines and approval for commercial UAS operations. It benefits the public through a higher level of safety of UAS operations and a service that benefits the local public and business. It also benefits the public through a smooth and well approached integration of UASs into the NAS, and c ontinual communication with the FAA and the information gained. The UASs operated by Wi lliam J. Henderson satisfies the criteria set forth in Section 333 of the Reform Act

– size, weight, speed, operating capabilities, operation within visual line of sigh t, and national security

– and showing an equivalent level of safety to m anned aircraft flights and safety focused standards of operation, providing m ore than adequate justification for the grant of the requested exem ptions allowing commercial operations.

Respectfully,
Wi lliam J. Henderson

**APPENDIX A EXEMPTION REQUEST AND EQUIVA**  **LENT LEVEL OF SA FETY SHOWINGS UNDER** 

**APPLICABLE RULES SUBJECT TO EXEMPTION** Due to the flight characteristics, such as the ability to hover, vertical t akeoff and landing, and the type of operations performed by the UASs operated by Wi lliam J. Henderson , Wi lliam J. Henderson respectfully request that w here a regulation differentiates according to class that it be perm itted to operate under those regulatio ns pertaining to helicopters. Wi lliam J. Henderson requests an exem ption from the following regulations as well as any additional regulations that m ay technically apply to the operation of its UASs: **14 C.F.R. Part 21, Subpart H: A irworthiness Certifi**  **cates 14 CFR § 91.203(a ) (**  **1)** 

### Section 91.203(a) ( 1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the8



### issuance of airworthiness cer tificates as required by

FAR § 91.203(a)(1). Given the size of the aircraft and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or excee d current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. In this case, an anal ys is of these criteria demonstrates that the William J. Henderson UASs operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and b y local public safety requirements. The FAA will have advance notice of all operations through the filings with the FSDO. Receipt of the prior permission of the land owner, or controlling authority , the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The UASs construction with absorbent material provides at least an equivalent level of safety to that of such operations being conducted with conventional aircraft that would be orders-of-magnitude larger and would be carrying passengers , cargo, and flammable fuel. **14 C.F.R. § 91.7(a): Civil aircraft airworthiness.**  This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition . Should the exemption be granted allowing commercial operation of the UASs without an airworthiness certificate, no standard will exist for airworthiness of the UASs. Given the size of the aircraft and the requirements that have presumably already been met in the approved standard operating procedures (for instance, the Maintenance & Inspection Manual and Safety Checklist), an equivalent level of safety will be achieved by

ensuring compliance with the operating manuals prior to each flight.

**14 C.F.R. § 91.9(b ) (**  **2): Civil Aircraft Flight Manual in the Aircraft.** The regulation provides:9 

### No person may

operate a U.S .-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, ma rkings, and placards, or any combination thereof. The equivalent level of safety will be achieved b y keeping the flight manual at the ground control point where the pilot fl yi ng the UAS will have immediate access to it. The FAA has issued to others 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. § 91.109(2)** This regulation provides that flight crewmembers must keep a safety belt fastened while at a crewmember station. William J. Henderson UASs are b y definition not manned and therefore maintain an equivalent level of safety without the use of safety belt since no danger is posed due to no persons being aboard the aircraft. **14 C.F.R. § 91.12 1(a)**  This regulation requires that aircraft be operated at altitude in reference to an altimeter set to applicable barometric pressure. According to the Flight Manuals and information included with this exemption request the UASs operated b y William J. Henderson us es GPS positioning, and the Q500 uses, in addition, a specialized sensor that limits the aircraft altitude to a predetermined height set b y the PIC during preflight inspections. This, in addition to all flights being conducted by VLOS, assure s altitude restrictions will be maintained by the PI C . Given the nature of the flight being limited to an upper altitude limit, the limited area of operations, the See and Avoid procedures set forth b y William J. Henderson , and in light of the UASs not be ing operated at VFR or IFR cruising altitudes an equivalent level of safety will be achieved. **14 C.F.R. § 91.109(a) & 91.319(a ) (**  **1): Flight Instruction** These regulations provide that no person may operate a civil aircraft (except a manned free ballo on) that is being used for flight instruction unless that aircraft has full y functioning dual controls . UASs are a remotely piloted aircraft and by

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. I f instruction is accomplished through a training program, as set forth in an equivalent level of safety will be assured. The FAA has approved exemptions for flight training without ful ly functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety will be achieved by William J. Henderson

.10



### 14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight characteristics of William J. Henderson UASs (vertical takeoff and landing, and ability to hover) as well as the nature of the ty pe of flights conducted by UAS s and the similarity

to helicopters William J. Henderson requests to operate in accordance with section 91.119(d). The equivalent level of safety

will be achieved given the size, weight, speed, and material with which the UASs are built. Furthermore ; No f light will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be notified of the flights. Compared to aerial photography or videography operations conducted with aircraft or rotorcraft weighing far more than the UAS and carrying flammable fuel, an y risk associated with these operations will be far less than those currentl y allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will maintain separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119, give right of way to all manned aircraft

. **14 C.F.R. § 91.151(a): Fuel R equirements for Flight in VFR Conditions**  This regulation prohibits an individual from beginning “a flight in a rotorcraft 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 fl y after that for at least 20 minutes.” Given the limitations on its proposed operations and the location of tho se proposed operations , a longer time frame for flight in daylight VFR conditions is reasonable. William J. Henderson believes that an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockh eed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS, without 20 minutes of reserve fuel does not engender the type of risks that Section 91.151(b) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally , limiting flights to a 20 minute reserve would greatly reduce their utility . In the unlikely event that the UAS should run out of fuel, it would simply land

. Given its weight and construction material, the risks are less than contemplated b y the current regulation. William J. Henderson believes that an equivalent level of safety can be achieved b y maintaining 25% battery

power, or 10% of time (whichever is longer) would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating area. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration**11



### This regulation provides as follows:

(a)

. . . No person may operate a civil aircraft unless it has . . . 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 a uthorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. William J. Henderson UASs have no cockpit or cabin to place or carry certification. As such, the exemption and any

other certifying document from the FAA will be maintained with the ground station, and placed in a manner as to be clearl y visible to any government official or person authorized in the controlled operations environment. An equivalent level of safety will be achieve d by

keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them. 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): Maintenance Inspections**  Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as p rovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43 ; Section 91.409(a) ( 2) requires an annual inspection for the iss uance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Maintenance on William J. Henderson aircraft will be accomplished by the owner/ope rator pursuant to the manuals, provided b y William J. Henderson , and the manufacturer. An equivalent level of safety

will be achieved b ecause the UAS is small in size, will operate only in restricted predetermined areas and is not a complex mechanical device. As provided in the attached Maintenance Manual and the Safety Checklist, which were reviewed as part of the application, the operat or of the UAS will ensure that it is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, William J. Henderson PI C is familiar with the aircraft, has extensive experience with UA S maintenance, and has hundreds of hours of UAS airframe and power plant maintenance, and is best suited to maintain the aircraft in an airworth y condition and to ensure an equivalent level of safety.12



### The Maintenance Manual provides for a 30 day /100 hour and Annual inspection of the airframe and components similar in scope to inspections on manned aircraft. This will ensure an equivalent level of safety to the maintenance requirements in Part 91. In addition, between such inspections, should a mechanical issu e arise, the aircraft will either return to its launch site or immediately land.

**APPENDIX B**
**SUMMARY OF WILLIAM J. HENDERSON**  **SECTION 333 EXEMPTION REQUEST** William J. Henderson hereb y provides pursuant to Part 11 a summary o f i ts exemption application to allow commercial operation of its UASs in aerial photography/videography. An exemption is requested from the following regulations:
**14 C.F.R. Part 21 ;**  **14 C.F.R. 91.7(a )**  **; 14 C.F.R. 91.9(b**  **) ( 2**  **) ;**  **14 C.F.R. 91.109(a )**  **; 14 C.F.R. 91.119**  **; 14 C.F.R. 91.105**  **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. 91.407(a** **) ( 1**  **) ;**  **14 C.F.R. 91.409(a ) (**  **2 )**  **; 14 C.F.R. 91.417(a).**