## Request for Section 333 **exemption**

**Contact Information** Landon Maples 1309 Riverbrook Dr. Hermitage, TN 37076 (901) 230

- 1626 Lam4s08@gmail.com 

### Exemption Requested Regulations from which the exemption is requested: 14 CFR Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F. R. 91.119 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1) Subpart H, entit led Airworthiness Certificates, 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 si ze, weight, speed, operational capability, and proximity to ai rports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS ope rated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least a s safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restri ctions and conditions proposed. The UAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flamma ble liquid fuels, and operates below 200ft AGL. For these reasons there is no credible threat to national security posed by the UAS, due to its size, spe ed of operation, loca tion 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 Aircraft Th e 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 thataircraft ne ar each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inc hes high, the words "limited," "restri cted," "light sport," "experimental," o r "provisional," as applicable. As the UAS will have no airworthiness ce rtificate or sufficient area to apply the appropriate placards an exemption may be needed. 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil airc raft unless it is in airworthy condition. As t here wi ll be no airworthiness certificate issued for the aircraft, should this exemption be granted, aircraft operator will ensure its airworthy condition prior to every flight. 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 aircraft ... (2) For which an Airplane or Rotorcraft Flight M anual is not required by §21.5 of this chapter, unless there is available in t he aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and has no ability o r place to carry such a flight manual on the aircraft, we propose to ke ep the flight manual on the ground within reach of the pilot. 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 op erated at less than the minimum s p rescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. As this exemption is for a UAS th e exemption requests authority to operate at altitudes up to 200ft AGL, an exemption may be needed to allow such operations. 14 C.F.R. § 91.151(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 co nditions) there is enou gh fuel to fly to the first point of i ntended 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 insufficient to meet the required 30 . I believe an equivalent level of safety can be achieved by limiting fli ghts to 25 minutes or 25% of battery power whichever happens first. This restriction woul d be more than adequate to return the UAS to its planned landing zon e. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulat ion provides in pertinent part: (a ) except as provided in § 91.715, no perso n 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 speci a l flight authorization issued under §91.715 is displayed at the cabin or cockpit ent rance so that it is legible to passengers or crew. The UAS fully loaded weighs less than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification an d registration documents or to display them on the UAS. 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 ai rcraft inspected as prescribed in subpart E of this part and shall betwee n 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 mai ntain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections should not apply

. Maintenance will be accomplished by the operator in accordance to the operator’s manual. 

### Extent of Relief B**eing Sought** I am hereby requesting a Certificate of Waiver or Authorization (COA) for commercial photographic UAS flights at or below 200 feet for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and staying the following specified distances away from airports or heliports:

• 5 nautical miles (NM) from an airport having an operational control tower; or

• 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

• 2 NM from an airport without a published instrument flight procedure or an operational tower; or

• 2 NM from a heliport with a published instrument flight procedure 

### Benefits These changes will allow the use of small commercial UAS to perform tasks that previously required low flying aircraft or rotorcraft. By using small UAS no pilots, property, or bystanders will be put at significant risk.

### Safety

1. The intended UAS will be a DJI Phantom 3 weigh ing 3lbs ( less than the maximum 55 lbs. ) 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each flight will be less than 25 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit. 4. Flights will be operated at an altitude of no more than 200 feet AGL

. 5. Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer 6. UAS pilot will b e an FAA licensed airman with a commercial pilot’s certificate and first class medical. 7

. A briefing will be conducted in regard to the planned UAS operations prior to each flight 8. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed in the immediate area. 9

. 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

. 10. Observer and pilot will at a ll times be able to communicate. 11

. Written and/or oral permission from the relevant property holders will be obtained. 12

. All required permissions and perm its will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 13

. If the UAS loses communications or loses its GPS signal, the UAS will have capability to retu rn to a predetermined location

. 14. The UAS will have the capability to abort a flight in case of unpredicted obstacles or e mergencies

.


### Summary

Pursua nt to 14 C.F.R. Part 11, the fo llowing summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules:
14 CFR Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F. R. 91.119 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a ) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2)14 CFR 417 (a) & (b)

In order to operate commerc ially a small unmanned vehicle 55lbs or less for video and photographic purposes

. Approval of exemptions all owing commercial operations of for photographic purposes will reduce risk. A small UAS is significantly safer to operate than a small aircraft or helicopter with a pilot and photographer onboard. The operation of small UAS, weighting less than 55 lbs., will provide an exceptional level of safety throughout the industry. Satisfaction of the criteria provided in Sectio n 333 of the Reform Act of 2012 size, weight, speed, operating 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 opera tion of UAS for photography and videography.