268 Canal Rd Waterloo, SC 29384 Tel: ( 864) 980

- 8881 Fax: ( 864) 998

- 3407 birdsey epix @embarqmail.com

June 30 th 2015

**Christopher Thompson, BirdseyePix & VT.**

**Section 333 Exemption Petition**

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

Ave, SE Washington, DC 20590

**RE:** Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.119, 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14 CFR 91.405(a); 14 CFR 91.407(a) (1); 14 CFR 91.409(a) (2); 14 CFR 91.417(a)&(b).

Dear Sir or Madam,

I, Christopher Thompson , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Christopher Thompson

, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Christopher Thompson , may operate m y small ultra light weight unmanned aircraft sy stem (“UAS”) commercially in airspace regulated b y the Federal Aviation Administration (“FAA”). As described herein I, Christopher Thompson , am an owner of the photographic compan y, Birdsey ePix & VT , within the State of South Carolina

. I have owned and flown hobby grade Quadcopter UAS’s for several y ears. I intend to use m y DJIPhantom 1 Quadcopter for aerial filming utilizing video and still images of: Real Estate Properties for sale, structures for mechanical and structural integrit y, filming of commercial structures and activities for advertising purposes, as well as natural scenery and lay outs for aerial mapping and enjo ym ent. I, Christopher Th ompson , am committed to safety with each flight. M y exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparativel y inexpensive UAS(s) in tightl y controlled and limited airspace. Exempted flights will be performed in areas away from general public, airports, heliports and vehicular traffic for filming videos and still photograph y, unless permission has been sought and granted from Airport authorities or other property owners who have been advised of th e risks. Currently

, similar lightweight, remote controlled UAS's are legally operated by

unmonitored amateur hobby ists with no safet y plan or controls in place to prevent an incident. Birdsey ePix & VT willutilize safety protocols and controls to avoid and prevent public hazards, as well as manned aircraft/UAS interactions. This will act to further safet y protocols exclusive to lightweight UAS's specific to commercial video and photograph y, and mapping usage as I, Christopher Thompson

, record flight data an d other information gained through permitted flight operations to share with the FAA through an y required FAA reports to assist with future protocol and safet y regulation. Granting m y request is in compliance with the Secretary of Transportation’s (FAA Adm inistrator’s) responsibilities and authority to not only

integrate UAS's into the national airspace sy stem, but to “...establish requirements for the safe operation of such aircraft s ys tems [UAS's] in the national airspace s ys tem” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further I, Christopher Thompson , will conduct my operations in compliance with the protocols described herein or as otherwise established b y the FAA. For the reasons stated b elow I, Christopher Thompson , respectfull y request the granting of an exemption allowing me to operate ultra light weight, remote controlled UAS’s for commercial purposes which will enhance the video and photographic business offerings of Birdsey ePix & VT

. All of which will promote local economic growth through increased employ ment and an increased tax base. This will all be done with public safet y in mind.

**I. Contact Information:**

**Christopher Thompson BirdseyePix & VT**  **268 Canal Rd Waterloo, SC 29384**  **(864) 980** 

**- 8881**  **birseyepix@embarqmail.com www.birdseyepix.net** 

**II**

. **The Specific Sections of Title 14 of the Code of Federal Regulations From Which**  **Christopher Thompson Requests Exemption are:** 

14 CFR 21, 14 CFR 45.23 (b), 14 CFR 61.113 (a) and (b), 14 CFR 91.7 ( a), 14 CFR 91.9 (b) (2), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151 (a), 14 CFR 91.203 (a) and (b), 14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (1) and (2), 14 CFR 91.417 (a) and (b).

**III. The Extent of relie f**  **Christopher Thompson seeks and the Reason He Seeks Such**  **Relief:** I, Christopher Thompson , submit this application in accordance with the Reform Act, 112 P.L . 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, Christopher Thompson , from pursuing contemplated commercial cinematic, academic and other flight operations within the national airspace s ys tem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft s ys tems into our national airspace s ys tem as it is in the public’s interest to do so. My ultra light weight UAS’s meet the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS’s is expressly contemplated by

the Reform Act. I would like to operate m y ultra light weight UAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereb y, providing direct experience and valuable information for formal regulation that can be administered uniforml y to related UAS aerial video, photograph y, and topographical mapping. The Reform Act guides the Secretary in determining the t yp es of UAS's that may operate safel y in our national airspace s ys tem. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whetherthe UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated b y line of sight. 112 P.L . 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Christopher Thompson . My UAS’s utilize four (4) counter

- rotating propellers for balance, control and stability . M y UAS’s are equipped with GPS and auto return safety technology . M y UAS’s weigh less than 4 pounds (DJ I Phantom 1) far be low the maximum 55 pound limit; including camera with gimbal. I, Christopher Thompson , consider safet y foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS. Built in safety s ys tems include a GPS mode that allows my

UAS’s to hover in place when radio controls are released. Further, the software within
my UAS’s will not allow it to fly within airspace that is near a major airport and this restricted airspace is constantly

being updated via firmware from the manufacturer, DJI . To further prevent fly ing in restricted airspace or crowded airspace I consult a current sectional before each flight. When pilot communication is lost, this and future UAS’s are designed to slowly return to home and descend to the ground, then automatically shut down operation. I do not operate m y UAS near airports without permission, and do not operate near areas where general public safet y is a

concern. I am constantl y on alert for an y manned aircraft in my vicinit y, and Iam prepared to land/ abort immediately

to the nearest and safest ground point should a manned aircraft approach
my location or I suspect manned aircraft may approach near m y location. My UAS’s are capable of vertical and horizontal operations, and are flown only within my

line of sight. Utilizing battery power rather than combustible fuels, fl ights generally last between five (5) to ten (10 ) minutes, with an altitude under one hundred fift y ( 400 ) feet AGL. I utilize a fresh fully charged battery with each flight as a safety pre caution; full flight time limit for each battery is fifteen (15 ) minutes as tested. I do not operate m y UAS at or below manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate c ommunication between radio control and UAS to reduce potential for problems. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not take risks that may cause a crash, that could create a haz ard to the public, propert y, or manned aircraft, and have no desire to lose my investment. I have clocked numerous practice flights in remote areas as a hobb yi st simulating flights for future commercial use to gain familiarization with the characteristics of these specific UAS's performance under different temperature and weather conditions. All of these practices are performed to ensure safet y. I take extreme caution when operating m y UAS/ultra light weight unmanned aircraft and will not “create a haz ard to users of the national airspace s ys tem or the public.” 112 P.L . 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safet y zone when it promulgated the Reform Act and the corresponding directive to int egrate UAS's into the national airspace sy stem. Christopher Thompson ’s UAS’s, used in hobby flight, have demonstrated a perfect safety record and have not posed any threat to the general public or national securit y.

**IV. How Christopher Thompson**  **’s Reques t Will Benefit the Public As A Whole:** 

Aerial photograph y and videograph y for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies an d average homeowners the expense of such aerial videography is cost prohibitive. Only

large companies and high end Realtors or luxury homeowners can afford to absorb such expenses. Depriving non

- luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through catastrophic crashes during flight at low levels and low speeds. Man y manned aircraft both fixed wing and helicopters have made emergency

and hard landings within our city limits. These cr aft carry

combustible fuel that can start life threatening fires. My

, Christopher Thompson ’s, UAS’s pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Additionally

,the low operational altitude minimi zes the potential for a mid air collision.

My ultra light weight UAS’s are battery powered and create no emissions that can harm the environment. The consequence of m y ultra light weight UAS crashing is far less than a full size helicopter or fixed wing ai rcraft; which are heav y, contain combustible fuel and can cause catastrophic devastation to the public. Permitting me, Christopher Thompson , to immediatel y fl y within national air space furthers economic growth. Granting m y exemption request substanti ally furthers the positive economic impact for the community and for companies looking to relocate or build in the Anchorage metro area or other areas as well as individuals looking to relocate for career advancement through academic and geographical aware ness. Both of which serve as a stimulus to the community

.
**V. Reasons Why Christopher Thompson**  **’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rules:** 

My
, Christopher Thompson ’s, e xemption will not adversel y affect safet y. Quite the contrary, not only for the reasons stated in section III and IV but also by permitting me, Christopher Thompson , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of
ye t undiscovered safet y protocols for UAS operators that can be embraced by the FAA. In addition I

, Christopher Thompson , submit the following representations of enhancements to current aerial videography and photograph y for real estate: My UAS’s weigh less than 7 pounds, complete with a small ultra light weight high definition onboard camera on a gy

ro stabilized gimbal; I

only operate m y UAS below 400 feet AGL and normally below 100 feet AGL (well within the 400 foot AGL permissible ceiling set by the FAA Modernization and Reform Act of 2012); My current UAS’s operate for less than 15 minutes per flight; Iland my UAS’s prior to the manufacturer recommended minimum level of battery power; I pilot my

UAS’s by

line of sight; My UAS’s have GPS a flight safet y feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; Iactively anal yz e flight data and other sources of information to constantly update and enhance safet y protocols; I only operate in reasonabl y safe environments that are strictl y controlled, are away from power lines, elevated lights, airports and densely populated areas; I conduct extensive pre

- flight and post

- flight i nspections, during which safet y carries primary importance. I always obtain all necessary permissions prior to operation; and, Ihave procedures in place to abort flights in the event of safet y breaches or potential danger. My safet y protocols provide a l evel of safet y equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace s ys tem, helicopters are the primary means of aerial video and photography . While the safet y record of such helicopters is notable, there have been local incidents involving loss of life as well as extensive property

damage; it is far safer to operate a battery powered ultra light weight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and I onl y operate m y UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of m y UAS allow me to remotel y pilot away from and avoid hazards quickly

and safely . Accordingl y, m y UAS has been experimentally operated for familiarization/competency and will continue to operate at or above current safet y levels.

**VI. A Summary The FAA May P ublish in the Federal Register:** 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The L ike.14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certi ficates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of m y UAS’s permits exemption from Part 21 because m y UAS’s meet (and exceed) an equivalent level of safet y pursuant to Section 333 of the Reform Act. The FAA is auth orized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. My current and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots o r passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safet y will be achieved b y m aintaining a safet y/ flight manual delineating areas where safety can be defined. The FAA has previously

issued exemptions to this regulation in many previous exemptions including, but not limited to Exemption Nos. 8607, 8737, 8738, 9299, 9565, 10167, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as my UAS’s utilize electronic global positioning sy stems in combination with a barometric

sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent lev el of safet y will be achieved b y m aintaining an y such required certifications and registrations by me, Christopher Thompson

. B. 14 C.F.R. § 45.23: Marking of The Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS’s are, by

definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensi ons smaller that minimal lettering requirement. The FAA has previousl y issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700, among others.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PI C.

Pursu ant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I

, Christopher Thompson , can achieve an equivalent level of safety

as achieved by

current Regulations because m y UAS does not carry
any pilots or passengers. The risks attended to the operation of m y UAS’s are far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me to operate m y UAS’s meets and exceeds current safet y levels in relation to 14 C.F.R. §61.113 (a) & (b). In addition, Grant of ExemptionNo. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversel y affect operations in the NAS or present a hazard to pe rsons or propert y on the ground.

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS wi ll never operate at an altitude greater than 400 AGL. I will however operate m y UAS in safe areas away

from public and traffic, providing a level of safety at least equivalent to or greater than those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my

UAS, an equivalent or higher level of safet y will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other thin gs, aircraft owners and operators to “have [the] 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. . . .”

These Regulations only

apply to aircraft with an airworthiness certificate. They will not, therefore, apply to m y UAS. However, as a safet y precaution Iinspect
my UAS before and after each flight and maintained per the manufacturer’ s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

**In summary, Christopher Thompson**  **seeks an exemption from the following Regulations:**

14 C.F.R. 21, subpart H; 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(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) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my

lightweight unmanned aircraft s ys tem for aerial photograph y/ Inspection/ included but not limited to the following; Business Operations: over land, wat er-way s, and oceans; operation over/in non-restricted National Parks, National Forests, flight in non-navigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted U.S. States/Territories for aerial videography /cinematograp hy

for commercial operation and to enhance academic community awareness for those individuals and companies unfamiliar with the geographical lay out of such areas. Currentl y, area awareness and real estate aerial videograph y/

photography

relies primarily

on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting m y request for exemption will reduce current risk levels and thereb y enhance safety . M y UAS does not contain potentially explosive fuel, is smaller, light er and more maneuverable than conventional photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I have been anal yz ing flight information and will compile safet y protocols and the implementation of a flightoperations manual that exceeds currentl y accepted means and methods for safe flight. Formal

collection of information shared with the FAA will enhance the FAA's interna l efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my UAS’s and therefore the likelihood of death or serious bodily injury is significantl y diminished. The operation of my UAS’s , weighing less than 7 pounds and travelling at lower speeds within limited areas, will provide an equivalent level of safet y as that achieved under current FARs. Accordingl y I respectfully request that the FAA grant m y exemption request and am willing to cooperate in sharing information to benefit the FAA, safet y of manned aircraft, and the general public at large.

Respectfully

Submitted,

Christopher Thompson Birdsey ePix & VT 268 Canal Rd Waterloo, SC 29384 (864) 980

- 8881 birsey epix@embarqmail.com

www. birdsey epix.net