Keith Slack

T: 1

- 951

- 776

- 1739
idolman68 @yahoo.com

July 23

, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23 (b); 14 C.F.R. 21; 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 14 C.F.R. 91.103 (b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 91.405 (a); 14 C.F.R. 91.407 (a) (1); 14 C.F.R. 9 1.409 (a) (2); 14 C.F.R. 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FAA Reform Act”) and 14 C.F.R. Part 11, Keith Slack (“ KS ”), operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct various aerial data collection AND aerial videography and photography , hereby reque st exemptions from the
listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Sect ion 333.

The fleet of sUASs used by KS includes a Multirotor DJI Phantom 3 , a Multirotor DJI Inspire 1 and a Multirotor DJI S900/1000 +A2

. The operation of these aircraft will be used in the United States of America and its

territories. Included in th is petition for waiver is the Manufacturer’s Owners Manuals and Safety Guidelines & Checklists for all three sUASs, as well as the KS MPTOM and KS FAA7711

- 2 COA form.

Granting KS 's request is in alignment with the Secretary of Transportation's (“FAA A dministrator's”) responsibilities to not only integrate UASs into the national airspace system, but to " ... establish requirements for the safe operation of such unmanned aircraft systems [UASs] in the national airspace system" under Section 333(c) of the Reform Act. Further, KS will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA. KS respectfully requests the grant of an exemption allowing it to operate the fleet of sUAS s as described above.The name and address of the applicant is:
Keith Slack
Phone: 951

- 776

- 1739
Email: ido lman68 @yahoo.com
Address: 16400 Lois Lane, Riverside CA 92504

Regulations from which the exemption is requested:
14 C.F.R. 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 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. 91.109
14 C.F.R. 91.119
14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to co nsider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airpor ts and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary det ermines that such vehicles “may operate safely in the national airspace system, the Secreta ry shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id . § 333 (c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exem pting civil aircraft, as the term is defined under §40101 of the Act, that includes s UASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulati on prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1).

KS ’s sUASs are rotorcraft, weighting 35 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 40 knots and have the capability to hover, and move in the vertical andhorizontal plane simultaneously. T hey will operate only in line of sight and will operate only within a predetermined and closed off property area under the permission of the property representative. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 333(b).

Given the small size of the sUASs involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which

c ongress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, appro val of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operatio ns, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and commercial videography operations, the grant of the requested exemptions is in th e public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

sUASs Equivalent Level of Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have t he characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations are conducted o n closed off property under the permission of the property owner or property representative.

These limitations and conditions to which KS agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will we igh no more than 50 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be no greater than 30 minutes. Flights will be terminated at 2 0% battery power reserve shoul d that occur prior to the 3 0 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. If a structure being filmed or photographed has a height which exceeds 400 feet AGL, the UAS will not exceed 100 feet in height above the highest point on that

structure. 5. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC). The PIC will have a minimum of 40 hours of flight time with the specific sUAS equipment KS operates. The experience of the PIC will be certified by KS through background checks and, if necessary, testing. The PIC will also have passed the FAA Airman Knowledge Test for Private Pilots (Test Code: PAR or PRH) or equivalent

. KS will maintain flight logs of all PICs it employs, and provide full transparency to the FAA regarding the logs and records of these PICs. 7. Flights will be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.8. A briefing will be conducted in regard to the planned sUA S operations prior to each day’s production activities. It will be mandatory that all personnel involved with the operational duties of the flight within the boundaries of the safety perimeter be present for this briefing. 9. The operator will file a FAA F orm 7711

- 2 , or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office. 10. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting

per sons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. With the advanced permission of the relevant FSDO, operations at closer range can be approved.

1 1. PIC and Visual Observer will have been trained in the operation of the specific sUAS equipment used by
KS , and received up

- to

- date information on the particular sUAS to be operated. 12. The PIC designated for any operation will have at least a Class 2 medical certificate. 13. Visual Observer and PIC will at all times be able to communicate by voice, radio, and/or text. 14. Written and/or oral permission from the relevant property holders or property representatives will be obtained. 15. All required per missions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 16. If the sUAS loses communication with the PIC or loses its GPS signal, the sU AS will have the capability to return to a pre

- determined location within the Security Perimeter and land autonomously. 17. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

Section 333’s Mandate and the Federal Aviation Act

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U.S.C.

§ 44701(f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 o f the Act, from the requirements that all civil aircraft must have a current airworthiness certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be piloted by private and/or commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133.

The grant of the requested exemption is in the public interest based on (i) the clear direction in Section 333 of the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as amended; (iii) the strong equivalent level of safety surrounding the proposed operations; and (iv) the significant public benefit, including enhanced safety and cost savings associated with utilizing UASs for agriculture, aerial survey photography, and patrolling. Accordingly, KS respectfully requests that the FAA gra nt the requested exemption without delay.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §9 1.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform A ct. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be a t least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 50 lbs. fully loaded, carries ne ither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and

moni tored by both the operator, pursuant to the Manual’s requirements, and in compliance with local public safety requirements to provide security for the area of operation. The FAA will have advance notice of all operations. These safety enhancements, which a lready apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack of explosive mater ials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on li mited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less
than 2 inches nor mor e than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, c ockpit, or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer, and others working with the sUAS will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have no less than 40 hours of flight time with the specific sUAS equipment KS op erates. The experience of the PIC will be certified by KS through background checks and, if necessary, testing. The PIC will also have passed the FAA Airman Knowledge Test for Private Pilots (Test Code: PAR or PRH) or equivalent

. KS will maintain fligh t logs of all PICs it employs, and provide full transparency to the FAA regarding the logs and records of these PICs. The PIC designated for any operation will have at least a Class 2 medical certificate. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS by a PIC meeting the standards of KS (listed above) exceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there
will be no airworthiness certificate issued for the aircraft , should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set
forth in the DJI owner’s manuals and safety guidelines included, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S.

- registered civil 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,

ma rkings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such a n item on the
aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulat ion: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action.

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of flig ht. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the DJI owner’s manuals and safetyguidelines included with this petition . The P IC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

sUASs and remotely piloted aircraft, by their design, do not have fully functional dual controls. Fl ight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight i nstruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. § 91.119 : Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the rotorcraft will never operate at higher than 400 feet AGL. Because the majority of
aerial data collection and film and television applications must be accomplished at relatively low altitudes,

i.e. , less than 500 feet AGL, an exemption from Section 91.119(c) is required.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the
rotorcraft is built. Additionally, no flight will commence without the permission of the land owner or the party controlling the operating area. With advance notice to the landowner, all affected individuals will be aware of film or television production flights. Compared to similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be significantly reduced from those currently allowed for conventional aircraft operating at or below 500 feet AGL. Waivers have been granted to other UAS operators for such operations in Alaska.

KS believes such operations can be conducted within the CONUS and NAS airspace for the same reasons justifying operations under the existing waiver in Alaska.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an
altimeter that is se t “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety w ill be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.1 51(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1 ) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 14 C.F.R. § 91.151(a).

The batteries used in KS sUASs provide between 18 and 30 minutes of powered flight. Without an exemption
from 14 C.F.R. § 91.151, the sUAS flights would not be possible. Given the limitations on its proposed operations and the location of those proposed operations, a longer duration for flight in daylight VFR
conditions is reasonable.

KS believes that an exemptio n from 14 C.F.R. § 91.151(a) is safe and consistent with the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the rotorcraft, a small UAS, without 30 minutes of r eserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent. The fact that the rotorcraft carries neither a pilot, passenger, nor cargo enhances the reduced risk to overall safety. In the unlikely event that the rotorcraft

s hould run out of battery, it would land per its autopilot instructions before the batteries are completely depleted. Given its weight and construction material, the risks are significantly less than contemplated by the current regulation.

KS believes that an equivalent level of safety can be achieved by maintaining 25% battery life as being the equivalent of minimum fuel, this would be more than adequate to return the UAS to its planned landing zone from anywhere in its planned operating area.

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

sectio n or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The s UAS utilized by KS weigh between 5lbs to no more than 5 0 lbs fully loaded and are operated without an onboard pilot. As such, there is no ability to carry certification and registration documents or to display them
on the sUAS.An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the s UAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816 A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner “shall have that 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.

Given that these sections a nd Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the DJI Phantom 3, I nspire 1 and S900/1000+A2 documents
included . An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical is sues arise the UAS can land immediately as it will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.

Federal Register Summary

Pursuant to 14 C.F.R. § Part 11 , the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed:

Docket No: FAA

- 2 007

- 0001

Petitioner: Da vid L Slack Aerial Photography U.S. Department of Transpo rtation May 16 th, 2015

Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b); 91.7 (a); 91.9 (b)(2); 91.103 (b); 1.109; 91.119; 91.121; 91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (50 lbs or less) for the purpose of aerial data collection AND in motion picture, television, and commercial videography operations.

Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes in close proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopter) Such aircraft must fly to and from the film location. In contrast, a battery powered sUAS weighing fewer than
55 lbs. eliminates virtual ly all of that risk given the reduced mass and lack of combustible fuel carried on
board.The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of sUASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine he licopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being fi lmed or otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

— size, weight, speed, operating capabilities, proximity to airports and populated areas and operati on with in VLOS and national security.

Provided in the above documentation is adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS for the purpose of various aerial data collection AND in the

mot ion picture and television industry pursuant to the manual appended hereto.

Sincerely,

Keith Slack