November 23, 2015

U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue SE Washington, DC 20590 Re: Exemption Request Section 33 3 of the FAA Reform Act & Part 11 of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409; 91.417(a) & (b). To Whom It May

Co ncern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Washington County , Utah, (the “County”) hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow th e operation of its UAS, 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

Section 333. The purpose of the proposed flights will be to provide aerial photos and video s used in the promotion of tourism within the county and to aid emergency

services in various situation s including fire/flood management and search and rescue. **The name and address of the applicant is:** Washington County Attn: Natalie Nelson 33 N. 100 W. , Suite 200 St. George, UT 84770 Phone: 435

- 634
- 5723 Email: Natalie.nelson@wcattorney .com The equipment being utilized in this petition is the same equipment described in E xemption No s. 11138 and 12386
. The UAS the County has acquired is a DJ I Phantom 2 with a GoPro camera. **Regulations from which the exemption is requested:** In light of the following, the Administr ator must 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 airports and populated areas; and  Operation of the UAS within a visual line of s ight of the operator Exemption request section 333 of the FAA Reform Act & Part 11 of the Federal Aviation Regulations from 14 CFR 45.23 (b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b); 91 .103(b); 91.109; 91.119; 91.121 ; 91.151(a); 91.203( a) & (b); 91.405(a); 91.407(a) (1); 91.409; 91.417 (a) & (b). 14 CFR Part 21, 45.29, 45.23: The aircraft has no area to display numbers or letters that are at least 2” in size. 14 CFR 91.7(a) prohibits the operation of an aircraft without an airworthines s certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 91.9(b) requires an aircraft flight manual in the aircraft. As there are no on

- board pilots or passengers, and given the size o f the UAS, this Regulation is inapplicable. An equivalent level of safet y will be achieved by maintaining a safety/ flight manual by the person in control of the UAS. 14 CFR 91.103: Since there will not be a FAA approved hexacopter manual to be provided we will need to be exempt. We will again follow our enclosed pre

- flight checklist to ensure safet y and airworthiness. 14 CFR 91.109: UAS are controlled by a transmitter and do not have the capability for dual controls. It is our understanding there have be en other aircraft approved without dual controls. 14 CFR 91.119: Since flights will never be above 400' AGL and usuall y 150' to 200' AGL, we requested an exemption as the altitudes cited in 14 CFR 91.119 would cause us to exceed said 400' AGL. 14 CFR 9 1.121: UAS does not have a traditional altimeter. It does however have a barometric ty pe which display s the altitude on the transmitter of which is monitored at all times to prevent exceeding 400' AGL. The transmitter has voice announcements of altitude a certain heights. There is also an alarm on the transmitter when reaching within 50' of 400' AGL. 14 CFR 91.151: The UAS does not use traditional fuel but rather battery power. The battery provides for up to 18 minutes plus of flight time with a 20% reser ve of battery

power. If this level is reached the UAS returns to home and lands. However, no flights will last longer than 13 minutes as an extra safety net. All batteries are only

used if freshl y charged. All batteries are visuall y inspected and volt te sted before each flight. 14 CFR 91.203: There is no cockpit to include said certificates or registration documents. Any certificates, exemptions or registration documents will be with the PI C on the ground level.14 C FR 91.405, 91.407, 91.409, 91 .417:

As there is no airworthiness inspections available, we request an exemption. Again we will perform pre

- flight checklists to ensure safet y. If our pre

- flight checklist does not pass, we will abort flight. An y items of concern will promptly be repaired using similar components and records will be kept through maintenance record. **How the County’s request will benefit the public as a whole** : Aerial videograph y for tourism has been utilized for years through the use of manned, fixed wing aircraft and helicopter s. Congress has proclaimed that it is in the public’s interest to integrate commerciall y flown UAS’s into the national airspace s ys tem, hence the passing of the Reform Act. Granting the Count y’s exemption request furthers the public interest through visual awareness of the geographical benefits of the area . Furthermore, the public will be benefited by the aid a UAS can offer in the occurrence of an emergency . It can be utilized to give a bird’s

- eye view of geographical features and hazards such as fires and floods. The consequence of the ultra

light weight UAS malfunctioning is far less than a full

- sized helicopter or fixed wing aircraft; which both contain combustible fuel and can cause catastrophic devastation in the unfortunate event of malfunction. Granting this exemption substantially furthers the economic impact for the County by promoting tourism and providing information about National Parks, outdoor activities, events, etc. Also, granting the petition will provide emergency responders with a tool to safely , quickl y and remotely assess a situation without placing lives in harm’s way

. **Reasons why the County’s exemption will not adversely affect safety**

**– or how the**  **exemption will provide a level of safety at least equal to the existing rule:** The County ’s exemption would permit operation of an ultra

- light weight, unmanned (piloted by remote control) UAS in tightly controlled and limited airspace. The UAS will be flown with a Pilot in Command (“PI C”) with the following additional restrictions:

 All operations will occur in Class G airspace at no more than 400' AGL. The vast majority of flights will be well below this limit at an average of 150' to 200' AGL to accomplish the best photographs and videos.  Any required permits will be obtained from loca l and state governments before flights.  The aircraft will not operate directl y above human beings at an y time or within 150 feet of human beings.  Maximum Flight Time will be approximately 1 5 minutes. Battery allows 18 minutes plus of flight time. Batterie s are inspected and alway s fully charged before use.  The aircraft will not operate within 5 miles of an airport/heliport without prior approval from said airport/heliport.  All operations will be during the day time and in ideal weather conditions of less than 15 mph winds and clear skies.  Aircraft will remain in visual line of site at all times not to exceed 1/4 mile from PI C. Aircraft will not fly in the area of any

full scale aircraft and if a full scale aircraft comes into airspace during the aircraft 's flight, it will be landed immediatel y to allow right of way to full scale aircraft.  Our opinion is a private pilot's license is not applicable to fl yi ng a UAS for several reasons (flight controls are different than a traditional aircraft).  UAS will never be used as an invasion of privacy and only be used for the purposes listed above.  Insurance will be maintained at all times.  In the event that pilot communication is lost the UAS is designed to slowly descent to the point of takeoff, as we ll as incorporating a designated “fail

- safe” toggle switch to initiate the UAS to slowly

land at the home point of takeoff.  The County

will not operate the UAS near airports, hospitals or police heliports and will not operate near areas where the general p ublic is within 50 yards depending on location, conditions, and most of all permission.  The County

will not cause the UAS to “create a hazard to users of the national airspace sy stem or the public.” 112 P.L . 95 § 333(b).  Any and all rules and regulations g iven b y the FAA will be followed completely. We are prepared to modify or amend any

part of this petition for exemption to meet or exceed concerns of safety . We do look forward to working with the FAA to provide a great service to our community

in a safe manner.
Sincerel y,
/s/ Natalie Nelson Natalie Nelson Deputy Washington County

Attorney Washington County , Utah