August 3, 2015

Exemption No. 12274 Regulatory Docket No. FAA

– 20 15

– 2145

Mr. Jeremiah Jewell J3 Photography 3475 Harper Dr ive Nashport, OH 43830

Dear Mr. Jewell :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 26, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial photography and video

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secre tary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

, and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Jeremiah Jewell is granted an ex emption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, et c.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Jeremiah Jewell is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must 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 or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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 ;

e lectronic 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 duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the4

Administrator upon requ est. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator 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 or any law enforc ement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption.

Function al test flights may 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 to not pose an undue hazard to persons and property.

9. The operator is respons ible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has bee n performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airm an medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemp tion, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for th e purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonpar ticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual mete orological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for air ports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption

hold er. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event o f unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at l east five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption ho lder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. T he UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticip ating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensurin g the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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 PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property w ith permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTS B) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the f ollowing:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and ser ial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list o f those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption termin ates on August 31

, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s /

John S. Duncan Director, Flight Standards Service

EnclosuresMay 26 , 2015

U.S. Department of Transportation, Docket Operations

We st Building Ground Floor, Room W1 2

- 140 1200 New Jersey Avenue, SE

Wa shington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), I, Jeremiah Jewell, owner of J3 Photography, hereby apply for an exemption from

Federal Aviation Regulations (FARs) detailed below to allow for commercial operations
of a DJI Phantom 3 Professional four rotor UAS with an attached DJI Gimbal Mo unt holding a 4K UHD Camera for the purpose of aerial photography and video for a variety
of industries.

As the Reform Act allows the FAA to “establish requirements for the safe operation of such aircraft systems in the national airspace system”, I, Jerem iah Jewell’s use of the
Phantom 3 Professional will provide the following benefits and enhance or provide an equivalent level of safety.

1. The Phantom 3 has a maximum takeoff weight of less than 3 pounds and thus offers a lightweight, small and compact vi deo platform compared to manned aircraft.

2 . The Phantom 3 offers significant safety, noise, emission, security and environmental benefits not available to larger manned aircraft.

3 . The Phantom 3 has numerous safety features such as Failsafe mode, automat ic
Return home feature should signal between PIC and UAS be interrupted, GPS based

altitude and distance locks, Flight Limits function and low battery warnings. W e feel that

these features addressed in more d etail below and in the Phantom 3 User Manual

pro vide an equivalent level of safety.

4 . Op erations utilizing the Phantom 3 Professional will provide a benefit to the general public and serve the public interest by providing the service of aerial photographic images and video to numerous businesses and individuals for considerably less than the previously only available option of utilizing manned aircraft at an equivalent level of safety.

**The A ircraft, Operations and an Equivalent Level of Safety**  1. The safe operation of the UAS will be the first priori ty before, during and after every operation. 2. The UAS pilot will have the required sports Pilot certificate and will be considered the PIC wether flying or supervising and will be responsible for the safe operation of the UAS at all times.

3. The DJI Pha ntom 3 has a maximum takeoff weight of 1300 grams or approximately 2.9 pounds. It has a diagonal length of 590mm and a maximum speed of 16 meters per second.
4. The UAS utilizes GPS /GLONASS location and is controlled by a 2.4 GHz transmitter.
5. All UAS operations will be conducted at Visual Line Of Sight (VLOS) at no morethan 400 feet AGL.

6. No UAS operations will be conducted within 5 NM of an airport. 7. No UAS operations shall occur over densely populated areas, large assemblies of people, stadiums, government buildings, power lines, or major roads. 8. All nonparticipating persons shall be a minimum of 500 feet from the UAS. 9. If a nonparticipating person comes within 500 feet of the UAS, flight operations will cease immediately. 10. All UAS operati ons shall take place during daylight hours under conditions equivalent to Visual Flight Rules (VFR) with the UAS no more than 3/4 NM from the
PIC. 11. All UAS operations will have a PIC and a Visual Observer (VO) present and all operations will be within l ine of sight (LOS) of the PIC and VO. 12. The UAS will yield to all manned aircraft at all times. 13. All required permits and permissions will be obtained from local and state government should they be required. 14. A pre

- flight inspection by the PIC will be performed prior to each flight to assure that the UAS is safe for flight. A post

- flight inspection will also be performed as an added level of safety. 15. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any co ndition that could pose a hazard to any other aircraft or structure or person on the ground. 16. Prior to all UAS operations a pre

- flight meeting will be held by the PIC to determine the parameters of flight in a given location, any hazards present, weathe r conditions, safety procedures at the specific location and approximate duration and route of flight. 17. The PIC will have accumulated and accurately logged a minimum of 25 hours total

time as a UAS rotorcraft pilot with a minimum of 10 hours as a UAS pilot with a

multi

- rotor UAS and 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption.

18. The Phantom 3 UAS will utilize GPS /GLONASS lo cation, auto return home and will
never be operated at below 20% batter capacity.

The DJI Phantom 3 UAS is a small and safe sub 3 pound plastic and composite aircraft utilizing four propellers driven by a 4480 mAh LiPo 4s 15.2v smart battery with a MAX
fl ieght time of 23 minutes. The remote control/transmitter operates at 2.4 GHz. The
aircraft’s software has been set to FAA regulations of 400’ ceiling and recognizes zones around airpo rts and forbids flight within 1.5 miles of the center of a type A airport , and outside the 1.5 miles up to 5 miles the altitude increase from 35’ to 400’ in a conical
fashion . For example : at 1.5 miles out you r limit is 35’ and at 3.25 Miles from the center
the max altitude AGL is 217.5’. I think this feature is great and allows those who wish to take photos with their drone a t say 10’ AGL 2 miles from an Airport, they are more than safe in doing so. The incorporated FLY SAFE technology also restricts flights in areas deemed not permitted by the FAA, for example W ashington D.C. The aircraft will automatically return to point of origin or descend in place should signal with the transmitter be lost. The UAS is unmanned, operates at low altitudes, does notrun on combustible fuel, has very low decibel level noise emissions and has a small

payload capacity and short flight time, thus significantly reducing current risk levels involved with utilizing manned aircraft for aerial photography. Additionally, past purchasers of aerial photography have had to contract with manned aircraft operations at a significant expense. J3 Photography’s UAS operations will provide a public benefit in allowing more people to access aerial ph otography images
and video at a significantly lower price and in the process we will be providi ng that data at a greater or at least equivalent level of safety as compared to similar manned operations. It is the applicants belief that the small size of the Phantom 3 UAS, the basic operating parameters outlined above, the specific e xemptions discussed below, the fully trained, certified and vetted crew and the equivalent level of safet y provided at a much lower

cost to the general public will allow the FAA to grant an exemption to J3 Photography (Jeremiah Jewell) for commercial UAS a erial photography operations under the Reform
Act of 2012.

The exemption r equests follow below. The DJI Phantom 3 User’s Manual s links are as
follows:

Quick Start Guide: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guid e_en.pdf

User Manual: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1. 0_en.pdf

Sincerely,

Jeremiah Jewell J3 Photography 3475 Harper Dr Nashport, OH 43830

740

- 704

- 5904 jjnjjewell@prodigy.net**EXEMPTION REQUESTS AND EQUIVA**  **LENT LEVEL OF**  **SA FETY** 

J3 Photography, requests an exem ption from the follow ing regulations as well as
any additional regulations that may technically apply to the operation of the Phantom 3 UAS.

**14 CFR**  **Part21, Subpart H:**  

### Ai **rw orthiness**  **Certificates**

This part establishes the procedures for the issuance of an airworthiness certificate. W hile the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for the UAS operated by the applicant under either or both of the following provisions:

**21 .191** Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for
aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the f unction and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate woul d permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational requirements. As the Phantom 3 UAS also carries no combustible fuel, weighs less than 3 pounds and is constructed primarily of plastics and composites, we propose the UAS is at least as safe, if not significantly safer than conventionally certified aircraft used within similar parameters.

If an experimental airworthiness certificate is not appropriat e f or this application, th en we request an exemption of 14 CFR Part21, Subpar t H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

**14 CFR 91.203(a) & (b)**  

### Civ **il aircraft: Certifications**  **required.**

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at
the cabin or cockpit entrance so that it is legible to passengers or crew.”

As the UAS is too small to carry documentation, does not have an entrance and does

not carry a crew, we propose the following in order to meet the intent of 91.203 and provide an equivalent level of safety. All documents deemed appropriate by the FAA for this aircraft will be located at the operational ground station for each flight in prox imity tothe PIC and VO and will be available for inspection on request. In order to identify the

aircraft, we propose to use the manufacturers model and production codes located on the aircraft as well as appropriate registration numbers and the telephone number of the
manufacturer and J3 Photography affixed to the aircraft as well. Should the FAA deem appropriate, we will also affix the word “EXPERIMENTAL” in the largest possible lettering given the size of the UA S, as discussed further below.

**14 CFR**  **45. 23**  **Display of**  **marks; general and**  **45.29 Size**  **of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display

the word "EXPERIMENTAL" in letters at least 2 inche s high near the entrance to the
cabi n, cockpit, or pilot station.

As the UAS does not have an entrance, may not have an FAA assigned registration

number and is of such small size, we propose to affix the word “EXPERIMENTAL” in the largest possible lettering appropriate for the aircraft. Additionally, for each operation the ground station will be clearly identified with a banner containing the words “UAS G round Station” that will be of appropriate size to be seen by any observer of the aircraft operations. The ground station will also have all registration and identity documents

r elating to the UAS.

**14 CFR 91.9 Civil**  **aircraft** 

### flight **manual, marking, and placard requirements.**  This regulation provides that no person may operat e an aircraft unless a current, approved flight manual is in the aircraft. The intent of this requireme nt is to ensure that flight manual information is available to the aircrew while operating the aircraft.

J3 Photography requests an exemption to this requirement as the UAS cannot, given its size, carry the flight manual. To meet an equivalent level of safety, we propose to have

the curr ent manufacturers flight manual available to both the PIC and VO.

**14 CFR 91.109**  **Flight instruction;**  **Simulated instrument** 

### flight **and certain** 

### flight

**tests.** The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has full y functioning dual controls." The controls for the UAS do not currently have a set of fully functioning dual controls. If a UAS pilot is being trained, the pilot performing the training would be directly supervising and could take over the control s from the pilot in training if the need arose. This would be similar to the technique of a "throw

- over type" control wheel in some fixed wing aircraft. W e feel that this technique meets the intent 91 .109 and provides an equivalent level of safety.

**14 CFR 91.119**  **Minimum safe**  **altitudes: General.**  The regulation provides that over sparsely populate d areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure.
Since the UAS w ill be operating at a m axim um 400 fe et AGL, we cannot com ply w ith this requirem ent and thus ask for an exem ption.**14 CFR**  

### 9l.l21A **ltimeter settings.** 

The regulation provides that aircraft shall maintain cruisi ng altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The UAV will always be flying below 400 feet AGL within VLOS of the PIC and VO that will provide separation from terrain, structures and other aircraft. Also, the UAS will continually transmit an AGL reading back to the controller at the ground station and the AGL lock in the UAS’s software will be set to 400 feet, providing an equivalent level of
saf ety.

**14 CFR 91.151 Fuel**  **requirements for** 

### flight **in VFR**  **conditions.**

The regulation provides that no person may begin a flight in an air plane under day

- V FR
conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

We feel that the intention here is to provide a reserve of fuel to remain aloft should a landing be delayed or the landing point changed. The UAS is smart battery powered and continually transmits battery charge information back to the ground station to be evaluated by the PIC who will return the UAS back to the ground station when the battery shows 20% remaining capacity.

**14 CFR Subpart**  **E (91.401** 

**- 91.4171** 

**- Maintenance, Preventive**  **Maintenance, and** 
**A lterations.** 

The regulation provides that the operator is primarily responsible fo r maintaining the
aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person
authorized under 43.7" after maintenance and inspection.

We propose that the PIC perform maintenance and inspection and “be authorized to approve the aircraft for return to service.”