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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Winn Fuqua Photography, Inc.

FOR A SUMMARY GRANT EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

PART 21, SUBPART H AND SECTIONS 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a),

91.7(a), 91.9(b)(2), 91.103, 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2) AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2 AND

DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 4, 2015

Winn Fuqua Photography, Inc.

10608 Ravenscroft Drive

Dallas, TX 75230

469-867-3782
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TABLE OF CONTENTS

Page

I. SUMMARY........................................................................................................................................ 4

II. INTRODUCTION AND INTERESTS OF THE PETITIONER .............................................................. 4

III. BACKGROUND ON FUQUA'S sUASs............................................................................................... 5

IV. BASIS FOR PETITION...................................................................................................................... 6

A. Summary ............................................................................................................................. 6

B. Support for the Petition for Exemption .................................................................................. 7

(a) Name and address of the Petitioner. .......................................................................... 7

(b) Specific Sections of 14 C.F.R from which Fuqua seeks exemption: ............................ 7

(c) The Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks the Relief ............... 9

(d) Granting Fuqua's Exemption Requests would be in the Public Interest ..................... 12

(e) Granting Fuqua’s Exemption Requests would Not Adversely Affect Safety............... 14

(f) Summary that can be Published in the Federal Register .......................................... 21

(g) Any Additional Information, Views, Or Arguments Available to Support FUQUA’s

Request................................................................................................................... 21

(h) Request for Summary Grant .................................................................................... 21

V. CONCLUSION ................................................................................................................................ 22
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GLOSSARY OF ABBREVIATIONS and TERMS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FARs Federal Aviation Regulations

FMRA FAA Modernization and Reform Act of 2012

Fuqua’s sUASs One DJI Phantom 2 and one DJI Inspire 1

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

OPERATING DOCUMENTS For each of Fuqua’s sUASs, Fuqua's Monthly Maintenance Log, the User

Manual, and Technical Specifications, and when (and if) granted the

operating specifications and restrictions set forth in the exemption for the

applicable sUAS.

Operator Winn Fuqua Photography, Inc.

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

sUAS A small Unmanned Aircraft System

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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I. SUMMARY

Pursuant to Section 333 of FMRA, Winn Fuqua Photography, Inc. (“Fuqua” or "Operator"), hereby

applies for an exemption from the following listed FARs to operate its sUASs for commercial purposes:

14 C.F.R. Part 21, Subpart H

14 C.F.R § 45.23

14 C.F.R. § 45.27(a)

14 C.F.R. § 61.23(a) & (c)

14 C.F.R. § 61.101(e)(4) & (5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.315(a)

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. §91.119(c)

14. C.F.R. §91.121

14. C.F.R. §91.151(a)(1)

14. C.F.R. §91.405(a)

14. C.F.R. §91.407(a)(1)

14. C.F.R. §91.409(a)(1) & (a)(2)

14. C.F.R. §91.417(a) & (b)

This exemption will allow Fuqua to employ its sUASs to conduct commercial aerial photography

and videography in pre-planned, controlled areas. These operations will be conducted within and under

the conditions outlined herein, or as may be established by the FAA as required by Section 333 of FMRA.

As described in greater detail below, the requested exemption would permit the operation of a

sUAS at or below 400 feet AGL, under controlled conditions in airspace that (1) is limited; (2) is

predetermined; (3) is controlled as to access; and (4) provides safe operations. No operations will be

conducted over restricted airspace or over congested areas. Approval of this exemption would enhance

safety, promote industry growth and fair competition through increased affordability of aerial photography

and videography, and would fulfill the Secretary of Transportation’s responsibilities to establish

requirements for the safe operation of such aircraft systems in the NAS pursuant to Section 333 of FMRA.

II. INTRODUCTION AND INTERESTS OF THE PETITIONER

Fuqua is a professional, advertising photography and videography company working with a wide

range of industries ranging from advertising, public relations, residential/commercial realty, construction,
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industrial applications and the agricultural community. Fuqua has been in business for over 25 years and

the owner of Winn Fuqua Photography, Inc., Winn Fuqua, has over 5 years of recreational/hobby

experience in remote controlled vehicles.

Fuqua's objective is to collect aerial data by conducting aerial photography and videography in

order to provide high quality digital imaging and video content to its clients, and to promote the safe use

of sUAS’s by being an educator on the subject. More specifically, the purpose of this exemption would be

to allow Fuqua to provide commercial aerial video and photography operations in the following areas:

 Aerial photography and videography for the advertising industry

 Aerial photography and videography of residential/commercial buildings for the real estate

industry

 Aerial photography and videography for industrial/construction sites

 Aerial photography and videography for the agricultural and farming industry

 Increase public knowledge of sUAS and promote safe sUAS operations

III. BACKGROUND ON FUQUA'S sUASs

Fuqua seeks an emption to operate its two sUASs for compensation or hire within the NAS for

aerial photography and videography. Fuqua will operate its sUASs in line of sight and within a closed-off,

predetermined area with written and/or oral permission from the relevant property owners and in

accordance with applicable local law. Fuqua’s sUASs have the following operational characteristics:

 The DJI Phantom 2 operates at a maximum flight speed of 15m/s;

 The DJI Inspire 1 operates a maximum flight speed of 22 m/s;

 Each of Fuqua’s sUASs is a vertical takeoff and landing sUAS with a ground control station

utilizing electronic tablet or smart phone systems;

 Each of Fuqua’s sUASs has the capability to hover, and move in the vertical and horizontal plane

simultaneously;

 Fuqua’s Phantom 2, has a maximum gross weight of 1000g (approximately 2 pounds) with a

length of 16 inches, width of 16 inches and height of 8 inches, and is equipped with four main

rotors, driven by Lithium Polymer battery powered electric motors;

 Fuqua’s Inspire 1 has a maximum gross weight of 2930g (approximately 6.7 pounds) with a

length of 22 inches, width of 17 3/4 inches and height of 11 inches, and is equipped with four

main rotors, driven by Lithium Polymer battery powered electric motors;

Petitioner’s proposed use will have flight times of a maximum of 20 minutes, allowing Fuqua to

properly staff small flight areas, and to have ample time to control each sUAS to a safe landing zone.

Fuqua’s sUASs are the type of lightweight sUAS expressly contemplated by FMRA. Each of Fuqua’s

sUASs, including payload, is far below the 55 pound sUAS classification requirement, and one is also

below the 4.4 pound requirement developed by the proposed 14 C.F.R. Part 107 that creates the “microUAS” subclass of sUAS.
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Fuqua’s sUASs will be operated by trained professionals and registered in accordance with 49

U.S.C. § 44103, Registration of Aircraft, as well as 14 C.F.R. Part 47, Aircraft Registration, and marked in

accordance with 14 C.F.R. Part 45, Identification and Registration Marking, subject to the exemption

requested below.

No operations will be conducted in restricted airspace or over congested areas, and, if required,

and all other operations will be conducted only with FAA ATC permission or as otherwise stipulated by

the FAA. In addition, the maximum altitude for any operation will not exceed 400 feet above ground level.

Operations will only be conducted in daylight and within visual line of sight. Additionally, Fuqua's sUASs

will not be operated within five (5) nautical miles of any airport, and notice will be given to the local Flight

Service District Office (FDSO) prior to flight operations.

IV. BASIS FOR PETITION

A. SUMMARY

Petitioner, Fuqua, pursuant to the provisions of the FARs (14 C.F.R §11.61) and FMRA, Section

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate

commercially the sUASs described above in the NAS, and for an exemption from the requirements of the

following: 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. Sections §§ 45.23, 45.27(a), 61.23(a) & (c),

61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.9(b)(2), 91.103, 91.119(c), 91.121, 91.151(a)(1),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) and 91.417 (a) & (b).

This exemption application is expressly submitted to fulfill the legislative goals set forth in Section

333 of FMRA. This law directs the Secretary of Transportation to consider whether certain unmanned

aircraft systems may operate safely in the NAS before completion of the rulemaking required under

Section 332 of the Reform Act. In making this determination, the Secretary of Transportation is required

to determine which types of sUASs do not create a hazard to users of the NAS or the public, or pose a

threat to national security. Fuqua’s operation of its sUASs will meet the conditions of FMRA's Section

333 given (1) the size, weight, speed and operational capability of Fuqua's sUASs; (2) the operation of

Fuqua's sUASs away from airports and in a limited operating area; and (3) the operation of Fuqua's

sUASs within visual line of sight of the Operator.

Accordingly, Fuqua seeks relief inter alia from the following:

(1) Section 91.7(a), entitled Civil Aircraft Airworthiness. Given that Fuqua's sUASs meets

the requirements of Section 333, Fuqua will not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H, and hence Fuqua requests relief from Section 91.7(a). Fuqua will ensure that

each of Fuqua’s sUASs is in an airworthy condition, prior to every flight, by determining that it’s in

compliance with the applicable Operating Documents, and that each sUASs is in a condition for safe

flights;

(2) Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) and 91.417(a) & (b), entitled

Maintenance Required, Operation after Maintenance, Preventative Maintenance, Rebuilding or Alteration,

Inspection and Maintenance Records, respectively. Relief is requested from these sections as they set

forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Fuqua

submits that the requested relief is proper since an equivalent level of safety will be ensured. Fuqua will

use experienced personnel or technicians to perform maintenance, alterations, or preventive

maintenance on its sUASs using methods, techniques and practices prescribed in the Operating

Documents. Furthermore, Fuqua will document and maintain all maintenance records for its sUASs;
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(3) Sections 61.23(a) & (c), entitled Medical Certificates: Requirement and Duration. Relief

is requested from this section as the FAA has announced in a Press Release dated April 9, 2015 that

medical certification will no longer be required to operate sUAS.

(4) Certain requirements of Sections 61.101(e)(4) & (5), 61.113, and 61.315, entitled

Recreational Pilot Privileges and Limitations, Private Pilot Privileges and Limitations: Pilot in Command,

What are the Privileges and Limitations of my Sports Pilot Certificate? Relief is requested from these

Sections to the extent necessary to allow a PIC to operate Fuqua's sUASs, provided such PIC (a) holds a

Recreational or Sports Pilot (or higher level) certificate, (b) holds a valid U. S. drivers license, and (c) has

demonstrated that he/she is able to operate safely Fuqua’s sUASs in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate distance from

people, vessel, vehicles and structures. In addition, relief is requested as it is the Operator’s intent to

operate its sUASs for compensation or hire and in furtherance of a business.

(5) Section 91.121, entitled Altimeter Settings. Relief is requested as Fuqua’s sUASs will not

have a typical barometric altimeter onboard. However, altitude information of Fuqua’s sUASs will be

provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry

data link, which downlinks from each sUAS to the GCS for active monitoring of the flight path. This

altitude information, combined with Fuqua’s operation of its sUASs within visual line of sight and at or

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

(6) Section 91.151(b), entitled Fuel Requirements for Flight in VFR Conditions. Relief is

requested as Fuqua submits that safety will not be affected by the operation of its sUASs during daylight

hours in visual meteorological conditions (VCM) under visual flights rules (VFR), with enough battery

power to fly for a total duration of approximately 15 minutes to the first point of intended landing, and,

assuming normal cruising speed, to fly after that for at least 5 minutes.

B. SUPPORT FOR THE PETITION FOR EXEMPTION

In accordance with 14 C.F.R. § 11.81 (a)-(f), Fuqua provides the following information in support

of its petition for exemption:

(a) Name and address of the Petitioner.

The name and address of the Petitioner and point of contact are:

The name and address of the applicant is:

Winn Fuqua Photography, Inc.

10608 Ravenscroft Drive

Dallas, Texas 75230

469-867-3782

winn@winnfuqua.net

The point of contact for this Petition and specific contact information is:

Christa Hinckley

Dentons US LLP

2000 McKinney Ave., Suite 1900

Dallas, Texas 75201

214-259-0922

christa.hinckley@dentons.com

(b) Specific Sections of 14 C.F.R from which Fuqua seeks exemption:
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(1) 14 C.F.R. Part 21 Subpart H and 14 C.F.R § 91.203(a)(1) and (b):

Subpart H of 14 C.F.R. Part 21, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §

91.203(a)(1) and (b).

(2) 14 C.F.R. §§ 45.23 and 45.27(a), entitled Display of Marks, general and Location of

marks; non-fixed-wing aircraft, respectively, establishes the regulatory requirements for the

identification of aircraft including US registration requirements and size.

(3) 14 C.F.R. § 61.23(a) & (c):

14 C.F.R. § 61.23(a) & (c), entitled Medical Certificates: Requirement and Duration establishes

the medical certification required for various categories of pilot certification and/or aircraft

operation.

(4) 14 C.F.R. § 61.101(e)(4) & (5):

Pursuant to 14 C.F.R. §61.101(e)(3),(4)&(5), entitled Recreational Pilot Privileges and Limitations,

no person holding a recreational pilot certification can act as PIC of an aircraft that is operated for

compensation or hire or in furtherance of a business.

(5) 14 C.F.R. § 61.113(a):

Pursuant to 14 C.F.R. § 61.113(a), entitled Private Pilot Privileges & Limitations, 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 compensation or hire, nor may that person, for compensation or hire,

act as pilot in command of an aircraft.

(6) 14 C.F.R. § 61.315(a):

Pursuant to 14 C.F.R. § 61.315, entitled What are the Privileges and Limits of my Sport Pilot

Certificate?, no person holding a Sport Pilot Certificate can act as a PIC of a light sport aircraft

that is operated for compensation or hire or in furtherance of a business.

(7) 14 C.F.R. § 91.7(a):

Pursuant to 14 C.F.R. § 91.7 (a), entitled Civil Aircraft Airworthiness, no person may operate a

civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued

for Fuqua's sUASs, should this exemption be granted, no FAA regulatory standard will exist for

determining airworthiness.

(8) 14 C.F.R. § 91.9(b)(2):

Section 91.9 (b) (2), entitled Civil Aircraft Flight Manual in the Aircraft, 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 any

combination thereof."

(9) 14 C.F.R. § 91.103:

Section 91.103, entitled Preflight Action requires each PIC to take certain actions before flight to

insure the safety of flight.
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(10) 14 C.F.R. §91.119:

Section 91.119, entitled Minimum Safe Altitudes, establishes safe altitudes for operation of civil

aircraft.

(11) 14 C.F.R. §91.121:

Section 91.121, entitled Altimeter Settings, requires each person operating an aircraft to maintain

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.”

(12) 14 C.F.R. § 91.151(a):

Section 91.151(a), entitled Fuel Requirements for Flight in VFR Conditions, prohibits an individual

from beginning “a flight in an airplane under VFR conditions unless (considering wind and

forecast weather conditions) unless 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.”

(13) 14 C.F.R. §91.405(a); 407(a)(1); 409(a)(1) & (2); 417(a) & (b):

These regulations, respectively entitled Maintenance Required, Operation after Maintenance,

Preventive Maintenance, Rebuilding or Alternation, Inspections, and Maintenance Records,

require, inter alia, 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 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.

(c) The Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks the Relief

(1) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from 14 C.F.R. Part

21, Subpart H and 14 C.F.R § 91.203(a)(1) and (b): Airworthiness Certificates.

Fuqua requests exemption from the requirements for an airworthiness certificate, pursuant to 49

U.S.C. § 44701(f) and Section 333 of FMRA. Given the size and limited operating area

associated with the aircraft to be utilized by Fuqua, an exemption from Part 21, Subpart H meets

the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA.

The FAA is authorized 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. In all cases, an analysis of these criteria demonstrates that Fuqua's sUASs can

be operated without an airworthiness certificate, in a restricted environment, and under the

conditions proposed which will be at least as safe, or safer, than a conventional aircraft operating

with an airworthiness certificate without the restrictions and conditions proposed.

(2) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks relief from 14 C.F.R.

Sections 45.23 and 45.27(a): Display of Marks, general and Location of marks; non-fixed-wing aircraft,

Given the size of Fuqua's sUASs two inch lettering will be impossible. Fuqua's sUASs will be

identified by serial number, registered in accordance with 14 C.F.R. Part 47, and will have

identification numbers ("N" numbers) markings in accordance with 14 C.F.R. Part 45, subpart C,

subject to 14 C.F.R. 45.29(f), which allows markings to be as large as is practicable.

(3), (4) (5) & (6) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from Sections

61.23(a) & (c), 61.101(e)(4) & (5), 61.315(a) and 61.113(a): Medical Certificates: Requirement

and Duration; Recreational Pilot Privileges and Limitations; Private Pilot Privileges and
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Limitations: Pilot in Command; What are the Privileges and Limitations of my Sports Pilot

Certificate?

Relief from the Sections listed above is requested to the extent necessary to allow, in accordance

with the FAA Press Release issued on April 9, 2015, the PIC of a sUAS to hold a Recreational or

Sports Pilot Certification, and a valid U.S. drivers license only, not a medical certificate. Further,

relief is requested to operate such sUAS for compensation or hire and in the furtherance of a

business.

Fuqua's sUASs do not carry any pilots, passengers, or property. Therefore, an exemption is

appropriate. Although helpful, a private pilot’s license will not ensure remote control piloting skills.

The training and knowledge required for pilots of conventional aircraft would not necessarily make

such pilots safe to operate a sUAS. Moreover, the risks attendant to the operation of a sUAS are

far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61.

As set forth more fully below, Fuqua submits that an equivalent level of safety will be maintained

because no PIC will be allowed to operate any of Fuqua’s sUASs unless that PIC has

demonstrated that he/she is able to safely operate the sUASs in a manner consistent with the

operations specifications as described in this Petition, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures. Further, Fuqua submits that all flights of its sUASs, conducted by the PIC pursuant to

the grant of this Petition: (a) will be incidental to Fuqua’s business; and (b) will not carry

passengers or property for compensation or hire.

Fuqua believes that though sUAS are not traditional aircraft, a PIC operating the UA must have

knowledge of airman and airspace rules and must comply with all the rules proposed by the FAA.

In addition, Fuqua’s PICs will operate its sUASs no higher than 400 AGL, consequently causing

no danger to any other aircraft in the NAS.

(7) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from Section 91.7(a):

Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to the extent to allow Fuqua to determine that its sUASs

are in airworthy condition prior to every flight by ensuring that its sUASs are in compliance with

the Operating Documents. Fuqua seeks the requested relief because its sUASs do not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Fuqua will ensure

that Fuqua’s sUASs are in an airworthy condition, prior to every flight, by determining that each

such sUAS is in compliance with its applicable Operating Documents, and that each such sUAS

is in a condition for safe flights;

Therefore, Fuqua will ensure that each of its sUASs is in an airworthy condition based upon its

compliance with the Operating Documents prior to every flight, and further, Fuqua will determine

that each of its sUASs is in condition for safe flight, as stated in the conditions and limitations

below.

(8) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from 14 C.F.R. §

91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Each of Fuqua's sUASs, given its respective size and configuration, has no ability or place to

carry such a flight manual or placards on the aircraft, not only because there is no pilot on board,

but also 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 PIC flying the applicable sUAS will have immediate access to it.
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(9) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from 14 C.F.R. §

91.103: Preflight Action

As FAA-approved aircraft or rotorcraft flight manuals will not be provided for Fuqua’s sUASs, an

exemption will be needed. The PIC will take all actions, including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data, before the initiation of

any flight.

(10) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from 14 C.F.R.

§91.119(c): Minimum Safe Altitudes.

Fuqua seeks an exemption from this section as flight operations will always be at or below fourhundred (400) feet AGL. An equivalent level of safety will be achieved by: (a) pre-flight planning,

(b) communication with the local ATC and the local FSDO, (c) securing the flight area to prevent

the public from entering, (d) briefing all crew on emergency procedures, (e) operating only with

visual line of sight and during the daylight, and (f) ensuring operation of aircraft safety systems.

Protections equivalent to minimum safe altitudes are created because, in the event of low-battery

power, loss of communication or interference with communication between the remote control

and the aircraft, on-board safety programs will automatically land the sUAS at a predetermined

safe area. Similarly, the operational environment will be controlled to keep out the public.

In addition, each of Fuqua's sUASs will have a total rotor area of less than two (2) feet, and will

weigh equal to or less than 6.7 pounds. As such, the risk to persons and property is drastically

reduced. Further, Fuqua’s sUASs will not carry fuel, flammable material, or hazardous cargo that

would pose a hazard to persons on the ground.

(11) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from Section 91.121:

Altimeter Settings

Relief from Section 91.121 is required to allow flight operations of Fuqua’s sUASs which utilize a

barometric pressure sensor, GPS equipment and a radio communications telemetry data link to

downlink altitude information from the sUAS to the PIC at the GCS. This system will

automatically ensures that a ground level pressure setting will be established prior to each flight,

and provides the PIC with altitude information of the sUAS on the heads-up display of the GCS.

Since the FAA requires that any altitude information concerning sUAS operations be reported to

air traffic control (ATC) in feet above ground level (AGL), Fuqua seeks the requested relief

because its sUASs altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight. Considering the limited altitude of the

proposed operations, relief from 14 C.F.R. 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. In this manner an equivalent level of

safety will be maintained.

An exemption is also sought as Fuqua's sUASs is manufactured without an altimeter or two-way

communications radio, and there is no one aboard to read the altimeter. An equivalent level of

safety is achieved through on-board systems and GPS sensors coupled with a geomagnetic

compass to act as a barometric altimeter for stability and accuracy of flight. Information about the

height of Fuqua's sUASs above ground level is displayed to the PIC at all times.

(12) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from

Section 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of the battery

powered sUAS during daylight hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 5 minutes. Fuqua seeks the requested relief
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because without an exemption from Section 91.151(a)(1), the flight time duration of the battery

powered sUASs will severely constrain the practicality of any aerial video or photographic flight

operations that Fuqua proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of Fuqua’s sUASs, the Operating

Documents, and Fuqua’s proposed operating limitations, ensure that Fuqua will safely operate its

sUASs.

(13) Extent of Relief Fuqua Seeks and the Reason Fuqua Seeks Relief from

Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.471(a) & (b): Maintenance

Required, Operation after Maintenance, Preventive Maintenance, Rebuilding or Alternation,

Inspections, and Maintenance Records

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.471(a) & (b) only apply to

aircraft with an airworthiness certificate, Fuqua requests relief from these Sections because its

sUASs will not require an airworthiness certificate. As set forth more fully below, Fuqua’s sUASs

meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. In

addition, Fuqua will use trained technicians to perform maintenance, alterations, or preventative

maintenance on its sUASs using the methods, techniques and practices prescribed in its sUASs

Operating Documents. Furthermore, Fuqua will document and maintain all maintenance records

for its sUASs. Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Fuqua's sUASs. Maintenance will be accomplished by

Fuqua pursuant to the Operating Documents.

Additionally, an equivalent level of safety will be achieved because these sUASs are very limited

in size, will carry a small payload and will operate only in restricted areas for limited periods of

time. If mechanical issues arise the sUASs can land immediately, and will be operating from no

higher than 400 feet AGL. Fuqua will also ensure that its sUASs (a) are in working order prior to

initiating flight, (b) are maintained as required by the Operating Documents, and (c) each shall

have a log of any maintenance performed.

(d) Granting Fuqua's Exemption Requests would be in the Public Interest

(1) Increased Competition:

Granting this Petition furthers the public interest by safely allowing Fuqua to efficiently and

economically perform aerial photography and videography for its clients. This exemption benefits

the public by expanding the use of aerial photography and videography by making such services

available to a greater number of businesses, public entities and private persons. Aerial

photography and videography through sUAS is safer, more affordable, less time-restrictive than

through more conventional methods. For small-budget clients, the significant expense associated

with aerial photography or videography makes such ventures unrealistic financially. Only large

companies can generally afford to absorb such expenses. The use of sUAS to achieve aerial

photographic objectives is much more fiscally reasonable, and creates opportunities for a wide

range of clients to use Fuqua (and other companies) for their aerial photography or videography

needs. This can only have a beneficial economic impact.

(2) The Public Will Benefit from Decreased Congestion of the NAS.

Fuqua’s sUASs are battery powered, and serve as a safe, efficient, and economical alternative to

the manned aircraft traditionally utilized to obtain aerial photography or videography. By reducing

the amount of manned aircraft needed to perform aerial photography or videography, an

exemption allowing the use of Fuqua’s sUASs would reduce the amount of manned aircraft in the

NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air

and on the ground.
84094890\V-18

13

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. Fuqua’s sUASs do not require

an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and

photography missions would result in fewer aircraft that must be handled by air traffic control

during the ground, takeoff, departure, arrival, and landing phases of flight operations.

(3) The Public Will Benefit from the Safety and Efficiency of Fuqua’s sUAS.

Conducting aerial photography and videography with Fuqua’s sUASs and others like it, instead of

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise

pollution generated during traditional aerial video and photography flight operations. By using

battery power and electric motors, Fuqua’s sUASs produce no air pollution, and are the most

viable environmentally conscious alternative to the six cylinder internal combustion engine aircraft

that are typically utilized for aerial video and photography, while burning approximately 20-30

gallons per hour of leaded aviation fuel. Fuqua’s sUASs, and others like them, while reducing the

carbon footprint of aerial photography or videography, also eliminate noise pollution, as such

sUASs are propelled by battery powered electric motors, rather than an internal combustion

engine. Finally, by using sUAS such as Fuqua’s to perform aerial photography or videography,

the substantial risk to life and property in the air and on the ground, which is usually associated

with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, Fuqua’s

sUASs have less physical potential for collateral damage to life and property on the ground, and

in the air, compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a

fuel capacity of 180 gallons).

(4) Performing Aerial Video and Photography Operations with Fuqua’s sUAS Will Benefit the

Economy.

In addition to being safe and efficient, Fuqua’s sUASs are also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation by Fuqua of its sUASs

will allow small United States based companies, like Fuqua’s, to remain competitive and

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels,

U.S. owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operating battery powered sUAS, such as Fuqua’s, is one such technology

that not only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating its sUASs, companies, such as Fuqua’s, can remain competitive and profitable, and

therefore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. economy. Improved financial performance of U.S. companies,

through commercial use of such sUAS, provides a stable workforce that increases consumer

spending; improves local, state, and federal tax revenues; and allows companies to invest in

research, and development in order to remain competitive both in the United States and abroad.

(5) There are No Privacy Issues.

Similar to the manned aerial photography and videography flight operations that have been

conducted for decades, Fuqua’s proposed operation of its sUASs will not implicate any privacy

issues. Specifically, Fuqua’s sUASs will be operated only in compliance with its Operating

Documents, which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations and applicable local law.
84094890\V-18

14

(e) Granting Fuqua’s Exemption Requests would Not Adversely Affect Safety

(1) Summary.

Given the small size of Fuqua’s sUASs, and the controlled environment provided, Fuqua’s

proposed operations will adhere to FMRA’s safety requirements. By moving aerial photography

and videography to sUAS, the potential for loss of life or property is greatly diminished due to the

increased control of smaller, slower, safer aircraft that holds no persons. This enhanced

maneuverability allows an operator to safely and quickly avoid hazards in the airspace. Utilizing

sUAS minimizes the requirement for conventional aircraft, which benefits the public and provides

a greater level of safety. This also decreases pollution and other detrimental environmental

effects caused by operating combustible fuel-based, large-scale aircraft for areal photography

and videography purposes. Emissions and noise are drastically reduced.

The use of Fuqua’s sUASs also eliminates the need for an onboard pilot and crew, and timeconsuming adherence to regulations surrounding bookkeeping and submission of flight paths to

local airports. Furthermore, the consequences of a lightweight sUAS crashing are obviously

drastically less than those that would result from a full-size helicopter or fixed-wing aircraft. It is

not unrealistic to project that crashing a 6.7 pound sUAS would cause only minimal damage. The

sUASs to be operated hereunder are equal to or less than 6.7 pounds fully loaded, carry neither a

pilot nor passenger, and operate exclusively within a secured and designated area. Fuqua’s

proposed operations under this exemption will be tightly controlled and monitored by Fuqua, and

under the requirements and in compliance with FAA and local public safety requirements. The

maximum altitude for any operation will not exceed 400 feet AGL. Operations will only be

conducted in daylight and within visual line of sight. 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. Finally, the

aircraft will not be operated within five (5) nautical miles of any airport, and appropriate notice will

be given to the local Flight Service District Office (FSDO) prior to flight operations.

Given the diminutive size and weight of Fuqua’s sUASs, combined with their operation in wellcontrolled areas, these sUASs fall within Congress’s contemplated safety zone. Fuqua will not

operate its sUASs near airports as discussed above, and will not operate them in restricted

airspace or over congested areas. Fuqua will operate its sUASs only on grounds with cordonedoff areas or areas under control of the property owner or client. Fuqua will determine the areas

needed to fulfill the clients’ goals, and only operate its sUASs in these flight zones, and only in

compliance with the restrictions imposed by the FAA.

Finally, application of the same criteria demonstrates that there is no credible threat to national

security posed by Fuqua’s sUASs, due to their size, speed of operation, location of operation,

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external

load. Accordingly, Fuqua’s sUASs will operate at and above current safety levels.

In seeking this exemption, Fuqua submits that its sUASs can operate safely in the NAS pursuant

to FMRA Section 333, as demonstrated by: (a) the characteristics of Fuqua’s sUASs; (b) the pilot

certification requirements; and (c) the specific operating limitations.

(2) The Technical Specifications of Fuqua’s sUASs Demonstrate its Safe Characteristics.

The proposed use of Fuqua’s sUASs do not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security, considering their size, weight, speed, and operational

capability.
84094890\V-18

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(a) Technical Specifications Of Fuqua's sUASs: The technical specifications of Fuqua's

DJI Phantom 2 and DJI Inspire 1 have previously been submitted to the FAA with other

exemption requests.

(b) Fuqua's sUASs Computer Assisted Flight And Navigation Modes Enable The sUASs

To Remain Within A Defined Operational Area: Fuqua's sUASs may be operated in both

manual and computer assisted flight modes. A complete description of the flight and

navigational modes of Fuqua's DJI Phantom 2 and DJI Inspire 1 have previously been

submitted to the FAA with other exemption requests.

(3) (c) Fuqua's sUASs are Designed For Automatic Return To Home Point Or Hover In The

Event Of Loss Of The Control Link Or Navigation: When the Control Link is lost, Fuqua's

UAs will remains stationary, in flight, for 3 seconds or more. If, after 3 seconds, any of

Fuqua's UAs does not reacquire control link data from the GCS, such UA will assume

that the Control Link is lost, and the UA will return to the home position (i.e., failsafe

mode) via GPS, and will descend to the takeoff position and shutdown. Flight Operations

of Fuqua's sUASs will be Limited to the Line of Sight of a Certificated Pilot in Command

with a Visual Observer.

To act as a pilot in command (PIC) of its sUASs, Fuqua will only utilize pilots who possess a

current and valid (1) Sports or Recreational Pilot Certificate, and (2) U.S. driver’s license.

Additionally, for greater safety a visual observer (VO) will assist all pilots during flight time.

(4) Flights of Fuqua’s sUASs Will be Conducted Pursuant to Specific Operating Limitations.

In seeking this exemption, Fuqua proposes to operate commercially its sUASs for the special

purpose of conducting aerial video and photography over certain areas of United States pursuant

to the following specific operating limitations, and as specified in the FAA’s exemption

authorization:

(a) Operations will be limited to the following aircraft: rotorcraft sUASs weighing less than

6.7 pounds maximum gross weight i.e. DJI Phantom 2 and DJI Inspire 1.

(b) Operations will be limited to operations conducted for the purpose of aerial video and

photography for Fuqua’s targeted clients, as described in Article II, above.

(c) The sUASs will not be flown at an indicated airspeed exceeding 43 knots (22 m/s) and

will only operate in flight in phases or segments of equal to or less than 20 minutes. In no

case will Fuqua’s sUASs be operated at airspeeds greater than the maximum UA

operating airspeed recommended by the manufacturer for the applicable sUAS.

(d) Operations will not be conducted in restricted airspace or over congested areas and

will only be conducted as specified in the COA granted by the FAA.

(e) Fuqua’s sUASs will be operated at an altitude of no more than 400 feet above ground

level (AGL) and less than 2000 feet horizontally from a cloud or when visibility is less

than 3 statute miles from the PIC. All altitudes reported to ATC will be in feet AGL.

(f) Fuqua’s sUASs will be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device other

than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate, if

applicable, or U.S. driver’s license.

(g) The use of first person view (FPV) by the PIC or the VO will not be permitted.
84094890\V-18

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(h) All operations will utilize a VO. The VO may be used to satisfy the VLOS

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC

must be able to communicate verbally at all times. Electronic messaging or texting is not

permitted during flight operations. The PIC must be designated before the flight, and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure

that the VO can perform the functions prescribed in the Operating Documents.

(i) The VO will not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic, and other ground based obstacles/obstructions, and is not

permitted to operate the camera or other instruments.

(j) The Operating Documents, including the grant of exemption, will be accessible during

Fuqua’s sUASs operations, and will be made available to the Administrator upon request.

If a discrepancy exists between the conditions and limitations contained in the grant of

exemption, and the procedures outlined in the Operating Documents, the conditions and

limitations contained in the grant of exemption take precedence and will be followed.

Otherwise, the Operator will follow the procedures as outlined in its Operating

Documents. The Operator and/or manufacturer may update or revise its Operating

Documents. It is the Operator’s responsibility to track such revisions and present

updated and revised documents to the Administrator upon request. The Operator must

also present updated and revised documents if it petitions for extension or amendment to

the grant of exemption. If the Operator determines that any update or revision would

affect the basis upon which the FAA granted the exemption, then the Operator must

petition for amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS-80) will be contacted if questions arise regarding updates or revisions to the

operating documents.

(k) Prior to each flight the PIC will inspect the sUAS to be utilized to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the safe

operation of the sUAS, the aircraft will be prohibited from operating until the necessary

maintenance has been performed and the sUAS is found to be in a condition for safe

flight. The GCS must be included in the preflight inspection. All maintenance and

alterations will be properly documented in the aircraft records.

(l) If Fuqua's sUASs have undergone maintenance or alterations that affect their

operation or flight characteristics, e.g. replacement of a flight critical component, such

altered sUAS will undergo a functional test flight. The PIC who conducts the functional

test flight must make an entry in the aircraft records. Functional flight test flights will only

be conducted by a PIC with a VO and must remain at least 500 feet from other people.

The functional test flight must be conducted in such a manner so as not to pose an undue

hazard to persons and/or property.

(m) The Operator will be responsible for maintaining and inspecting its sUASs to ensure

each is in a condition for safe operation.

(n) The pre-flight inspection will account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the

Operating Documents.

(o) The Operator will follow the sUASs’ manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

(p) The Operator will carry out its maintenance, inspections, and record keeping

requirements, in accordance with the Operating Documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the
84094890\V-18

17

aircraft records, including total time in service, description of work accomplished, and the

signature of the authorized person returning each of Fuqua's sUASs to service.

(q) Fuqua's sUASs will comply with all manufacturer Safety Bulletins.

(r) For each of Fuqua’s sUASs, the authorized person will make an entry in the aircraft

record of the corrective action taken against discrepancies discovered between

inspections.

(s) The PIC of each of Fuqua’s sUASs will possess (i) at least a Recreational or Sport

Pilot Certificate; (ii) at least a current third-class or higher medical certificate, or a valid

U.S. driver's license, and (iii) at least 25 documented hours operating the applicable

Fuqua sUAS or one identical to it.

(t) The Operator will not permit any PIC to operate unless the PIC meets the Operator’s

qualification criteria, and demonstrates the ability to safely operate the applicable Fuqua

sUAS in a manner consistent with how such sUAS will be operated under the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. Flights for the purposes of training the

operator’s PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During training,

proficiency, and experience-building flights, all persons not essential for flight operations

are considered nonparticipants, and the PIC must operate the applicable sUA with

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119 or as

otherwise required by the FAA.

(u) Fuqua's sUASs operations will not be conducted during night, as defined in 14 C.F.R.

§ 1.1. All operations must be conducted under visual meteorological conditions (VMC)

during daytime and pursuant to VFR rules. Flights under special visual flight rules

(SVFR) are not authorized.

(v) The UA will not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA Airport/Facility Directory (AFD), or, for airports not designated

with an AFD, the center of the airport symbol as denoted on the current FAA-published

aeronautical chart, unless a letter of agreement with that airport's management is

obtained, or as otherwise permitted by a COA issued to Fuqua. The letter of agreement

with the airport management must be made available to the Administrator or any law

enforcement official upon request.

(w) If any of Fuqua's sUASs loses communications or loses its GPS signal, it will return to

a predetermined location within the planned operating area, and land or be recovered in

accordance with the Operating Documents.

(x) The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

(y) The PIC will be prohibited from beginning a flight unless (considering wind and

forecast weather conditions) unless there is enough power to fly at normal cruising speed

to the intended landing point and land the UA with 25% battery power remaining.

(z) All operations will be conducted in accordance with the Air Traffic Organization (ATO)

issued Certificate of Waiver or Authorization (COA) issued pursuant to the grant of

exemption. Fuqua will apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the COA issued pursuant to the

exemption.
84094890\V-18

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(aa) All aircraft operated in accordance with the exemption will be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as

large as practicable. The equivalent level of safety will be provided by having each of

Fuqua's sUASs marked on its fuselage as required by Section 45.29(f) where the pilot,

observer and others working with the such sUAS will see the identification.

(bb) The documents required to ensure the safe operation and flight of each sUAS and

any document referred to by 14 C.F.R. §91.9 and §91.203 will be available to the PIC at

the Ground Control Station of such sUAS any time the sUAS is operating. These

documents will be made available to the Administrator or any law enforcement official

upon request.

(cc) Fuqua's sUASs will remain clear and yield the right of way to all manned aviation

operations and activities at all times.

(dd) Fuqua's sUASs will not be operated by the PIC from any moving device or vehicle.

(ee) Flight operations will be in a confined area with a set safety perimeter, the

boundaries of which are determined by Fuqua personnel and coordinated with ATC,

other FAA personnel, and local government officials, as applicable.

(ff) Flight operations will be conducted at least 500 feet from all nonparticipating persons

(persons other than the PIC, SO, operator trainees or essential persons), vessels,

vehicles, and structures, unless:

(i). Barriers or structures are present that sufficiently protect nonparticipating

persons from the sUA and/or debris in the event of an accident. The operator will

ensure that nonparticipating persons remain under such protection. If a situation

arises where a nonparticipating person leaves such protection and is within 500

feet of the sUAS, flight operations must cease immediately and/or;

(ii). The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission,

and the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard.

The Operator, PIC, VO, operator trainees or essential persons will not be considered

non-participatory persons.

(gg) All operations will be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission from

land owner/controller or authorized representative will be obtained for each flight to be

conducted.

(hh) All operations will be conducted with all required permissions and permits from any

city, county or state jurisdiction, including local law enforcement, fire or other appropriate

governmental agencies.

(ii) Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be reported to

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB website: www.ntsb.gov.
84094890\V-18

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(jj) Fuqua will subscribe to relevant weather and safety alerts.

(5) Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) Would

Not Adversely Affect Safety.

Fuqua submits that the equivalent level of safety established by Section 61.113(a) and (b) will be

maintained as no PIC will be allowed to operate a sUAS unless that PIC has demonstrated that

the PIC is able to safely operate the applicable Fuqua sUAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

(6) Reasons Why an Exemption from the Requirements of Section 91.7(a) Would not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, as Fuqua will ensure that each of its sUAS is in an airworthy condition based upon

such sUAS’s compliance with its Operating Documents, and as stated in the conditions and

limitations herein.

(7) Reasons Why an Exemption from the Requirements of Section 91.121 Would not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of each of Fuqua’s sUASs will be provided to the PIC via GPS equipment and

a radio communications telemetry data link, which downlinks from the applicable UA to the GCS

for active monitoring of the flight path and altitude. This altitude information, combined with

Fuqua’s operation of its sUASs within visual line of sight, at or below 400 feet AGL, will ensure a

level of safety equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is

automatically established by the sUAS at ground level.

(8) Reasons Why an Exemption from the Requirements of Section 91.151(a)(1) Would not

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(a)(1) as a result of (a) the technical specifications of Fuqua’s sUASs; (b) the

limitations on the proposed flight operations; and (c) the location of the proposed flight operations.

Accordingly, Fuqua will ensure that it will safely operate its sUASs during daylight hours in VFR

conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

Here, as in Exemption No. 11240, the technical specifications of Fuqua's sUASs, the limitations

on the proposed flight operations; and the location of the proposed operations, will ensure an

equivalent level of safety established by 14 C.F.R. Section 91.151(a)(1). Furthermore, safety will

be ensured as Fuqua's sUASs will provide audible and visual warnings to the PIC at the GCS

when such sUAS experiences low battery voltage, the first warning occurring at approximately

33% remaining battery power, and again at approximately 10% remaining battery power. At the

critically low battery level, Fuqua's sUASs will descend and land automatically. Significantly,

previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not

adversely affected when the technical characteristics and operating limitations of the sUAS are

considered. Relief has been granted for manned aircraft to operate at less than the minimums

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

(9) Reasons Why an Exemption from the Requirements of Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) Would not Adversely Affect Safety.
84094890\V-18

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In seeking this exemption, Fuqua submits that the equivalent level of safety with regard to the

regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Fuqua will use

trained technicians to perform maintenance, alterations, or preventive maintenance on its sUASs

using the methods, techniques, and practices prescribed in the applicable Operating Documents.

Furthermore, Fuqua will document and maintain all maintenance records for its sUASs.

Since Fuqua’s sUASs will be inspected as prescribed by the applicable Operating Documents,

Fuqua will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1),

and 91.409(a)(2).

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of Fuqua’s sUASs will be

performed by trained technicians. Maintenance will be documented and maintained utilizing the

monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations of the

applicable sUAS are considered.

In consideration of Fuqua’s proposed operating limitations, the Operating Documents, and the

technical aspects of Fuqua's sUASs, Fuqua’s submits that safety will not be adversely affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1), and (a)(2), 91.409(a)(2),

and 91.417(a) and (b).

(10) The FAA may prescribe any other conditions for safe operation.

In accordance with Section 333 of FMRA and 14 C.F.R. § 21.16 entitled Special Conditions,

Fuqua requests that the FAA prescribe special conditions for the intended operation of its sUASs,

which contain such safety standards that the Administrator finds necessary to establish a level of

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. §§ 61.23(a)

& (c), 61.101 (e)(4) & (5), 61.113(a) & (b), 61.315(a), 91.7 (a), 91.121, 91.151(a)(1), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe

operation of Fuqua’s sUASs for the limited purpose of conducting aerial video and photography

over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth

the requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise post a threat to national security; and further, provides the authority for such

UAS to operate without airworthiness certification in accordance with any requirements that must

be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may

prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of Fuqua’s sUASs, if the

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety

standards due to the novel or unusual design features of the sUAS. Section 21.16, entitled

Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do

not contain adequate or appropriate safety standards for an aircraft,

aircraft engine, or propeller because of a novel or unusual design feature

of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and

contain such safety standards for the aircraft, aircraft engine or propeller

as the FAA finds necessary to establish a level of safety equivalent to

that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe

special conditions for Fuqua’s intended operation of its sUASs, which contain such safety
84094890\V-18

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standards that the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. Sections 61.113(a) & (b), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91,417(a) & (b).

(f) Summary that can be Published in the Federal Register

In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the

Federal Register, should it be determined that publication is warranted:

Applicant seeks an exemption from the following rules: 14 C.F.R. Part 21, subpart H; 14 C.F.R. §

45.23; 14 C.F.R. § 45.27(a); 14 C.F.R. § 61.23(a) & (c),§ 61.101 (e)(4), § 61.113(a) & (b); 14

C.F.R. § 61.315; 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. §

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. §

91.407(a)(1); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); and 14 C.F.R. § 91.417(a) & (b)

to operate commercially a small unmanned vehicle in aerial photography and videography over

certain areas of the United States.

However, Fuqua submits that good cause exists for not publishing a summary of the petition in

the Federal Register as the exemptions requested by Fuqua would not set a precedent, and any

delay in acting on the petition would be detrimental to the petitioner.

(g) Any Additional Information, Views, Or Arguments Available to Support FUQUA’s Request

This Petition is made pursuant to the FMRA Section 333, which directs the Secretary of

Transportation to determine if certain UAS may operate safely in the NAS. As such, Fuqua’s

request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14

C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat

to national security; and further, provides the authority for such UAS to operate without

airworthiness certification. As discussed in detail above, Fuqua will operate its sUASs safely in

the NAS, without creating a hazard to users of the NAS, or the public or otherwise pose a threat

to national security.

(h) Request for Summary Grant

Fuqua requests that the FAA issue a summary grant with respect to the exemptions requested for

Fuqua’s sUASs as grants have been given previously to other operators who are operating the

same sUASs, e.g. Exemptions Nos. 11062, 11109, 11112, 11213, 11641, 11639, 11240,

11654,11656, 11658, 11659, 11660, 11663, 11664, 11655, 11669, 11670, 11672, 11639, 11641,

11642, 11644, 11626.