### From: Photo.

### FlyBoy (RobertDe Witt)

5317 .HeatherGlen
Garland,TX 75043

Date: 8/27115

U.S. Departmentof

### Tr~nsp~rtation;·**Docket,Op~r~tions** WestBuildingGroundFloor, Roomw12-140
1200 NewJerseyAvenue, SE.,Washington, DC 20590 - ;·

### ..



# .. ' >./ I**'~** .;

.

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;14 CFR 61.113 (a) 

### & (b); 91.7 (a);91.9 (b) (2);91.1 03(b); 91.1 09;91.119; 91.121; 91.151 (a);91.203(a) 

### & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

Dear Sir or Madam: Pursuant to.Section 333 ofthe FAA Modernization and Reform Act of 2012 (the .Reform Act) and 14. C.F.R. Part 11, Photo Fly Boy, operator of Small Unmanned Aircraft Systems ("sUASs") equipped to offer on-demand commercial UAS operations for a host of industries and applications.

These

.. include:

.. Flare stack inspection

• Utility-power generation system inspections and patrolling

• Pipeline inspection and patrolling

• Filmmaking, cinematography, and videography

• Precision agriculture

• Wildlife and forestry monitoring

•Aerial surveying

• Construction site inspection and monitoring

• Public Entity Support Operations



### Photo Fly Boy hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as maybe establishedby the FAA as required by Section 333 As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace thatis 1) limited2) predetermined 3) controlled as to access and4) wouldprovide safety enhancements to the already safe operations using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name

### and address ofthe applicant is: Photo Fly BoyAttn: Robert De Witt 5317 Heather Glen, Garland, TX 75043 Ph: 214-923-5353 Email: bob@photoflyboy.com Regulations from which the exemption is requested: 14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & 

### (b) 14 C.F.R. 91.7 (a) 14 CFR 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 CFR 91.151 (a) 14 CFR 91.203 (a) & 

### (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & 

### (b) This exemption application is expressly submitted to fulfill Congress' goal inpassing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe Reform Act. In 

### making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following: • The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act § 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft in the national airspace system." Id. §333(c) (emphasis added) Applicant interprets this provision to place the duty onthe Administrator to not only process applications for exemptions under section 333, butfor theAdministratorto craft conditions for the safe operation ofthe UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the
term is defmed under §40101 ofthe Actthat includes sUASs, from the requirement that all civil aircraft musthave a current airworthiness certificate. TheAdministrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title iftheAdministrator finds the exemption inthe public interest. 49 U.S.C. §4470l(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). AirRaid Aerials' sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed ofno more than 50 knots andhave the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line ofsight andwill operate onlywithina sterile area. Such operations willinsure thatthe sUAS will "not create a hazard to users ofthe national airspace system or the public." 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 Congress envisioned that the FAA must, by exemption, allow commercial operations ofUASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant sUASs will operate, approval of the applicationpresents no national security issue. Giventhe cleardirection in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalentlevel ofsafety surrounding the proposed operations, and the significantpublic benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the 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 represent a safety enhancement to the already safe operations conducted with conventional aircraft. These limitations and conditions to whichPhoto FlyBoy agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights willbe operated withinline ofsight ofapilot and/or observer. 3. Maximumtotal flighttime for each operational flight willbe 45 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 45 minute limit. 4. Flights will be operated at an altitude ofno more than 400 feet AGL or, not more than 200 feet above an elevatedplatform from which filming is planned. 5. Minimum crew for each operationwill consist ofthe sUAS Pilot, the Visual Observer, and/or the Camera Operator. 6. sUAS pilot

will meetcurrent FAArequirements. This will include 3rdclass medical andvalid drivers license meet the SportPilotrequirements. 7. sUAS PilotwillbePilot in Command (PIC). Ifa pilotother than the sUAS Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual Observer), thatperson can also be designated as the PIC. 8. The UAS will only operate within a confined "SterileArea" ofthe flight operations area. 9. Abriefmgwillbe conducted inregard to theplanned sUAS operations priorto each day's activities. Itwillbe mandatorythatallpersonnel who will be performing duties within the boundaries ofthe safety perimeter be present for this briefing. 10. The operator will obtain the consent ofall persons bvolved and ensure that only consentingpersons willbe allowed within 100 feet ofthe flight operation, andthis radius maybe reduced to 30 feet basedupon an equivalent level ofsafety determination. 11. Pilot and observer will have beentrained in operation ofUAS generally andreceived up-to-date information on the particular UAS to be operated. 12. Observer and pilot will at all times are able to communicate by voice and/or text. 13. Written and/or oral permission from the relevant property holders will be obtained. 14. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 15. Ifthe sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land. 16. The sUAS will have the capability to abort a flight in case ofunpredicted obstacles or emergencies. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 SubpartH meets the requirements ofan equivalentlevel ofsafetyunderPart 11 and Section 333 ofthe ReformAct. The FederalAviationAct (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 ofthe 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 willbe at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operatedhereunderis less than 55 lbs. fully loaded, carries neither 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 monitored by both the operator, pursuant to the Manual's requirements, and under the requirements and in compliance with local public safetyrequirements, to provide security for the

area ofoperationasis nowdone withconventionalfilming. The FAAwillhave advance notice of all operations. These safety enhancements, which already 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 ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load. !4 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: Whenmarks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display on that aircraft

neareach entrance to the cabin, cockpit, orpilot station, in letters notless than 2 inches normore than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no g_irworthiness certificate, an exemptionmaybeneeded as the UAS will have no entrance to the cabin, cockpitorpilot station

onwhich the word "Experimental" canbeplaced. Giventhe size ofthe sUAV, two-inch lettering will be impossible. The word "Experimental" will be placed onthe fuselage in compliance wi.th §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on 1tsfuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV 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 PilotPrivileges andLimitations: PilotinCommand. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot

or passengers, the proposed operations can achieve the equivalent level of safety of current operations byrequiring the PIC operating the aircraft to have a private pilot's license :rather than

a commercialpilot's license to operate this smallUAS. Unlike a conventional aircraftthat carries thepilotandpassengers, the sUAS is remotely controlledwith no living thing onboard. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with a private pilot as the PIC 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 ofthe aircraft and the requirements contained inthe Manual for maintenance and

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, 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 ofthis chapter, unless there is available in the aircraft a current approved airplane orRotorcraft Flight Manual, approvedmanual material, markings, andplacards, orany combinationthereof. The sUAS, given its size and configurationhas no ability orplace to cany such a flight manual onthe aircraft, not onlybecause there is no pilotonboard, butbecausethere is no room orcapacityto carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: 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 insure the safety offlight. As FAAapprovedrotorcraft flight manuals will notbe provided for the aircraft an exemption wil! be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 14 C.F.R. §91.109: Flightinstruction: Section 91.103 provides that nopersonmay operate a civil aircraft (except a manned free balloon) that is being used for flight instmction unless that aircraft has fully functioning dual controls. sUASs and remotelypilotedaircraft,bytheirdesign do nothave fully functional dual controls. Flightcontrol is accomplished through the use ofa 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 instruction in experimental aircraft. See ExemptionNos.5778K & 9862A. The equivalent level ofsafetyprovidedbythe fact thatneither

a pilot norpassengers will be carried inthe aircraft and by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operationof civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes presc.tibed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevatedplatformfrom whichfilming is planned, anexemptionmaybeneededto allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higherthan 400AGL. Itwill howeverbe operated in a**r~stricte~** area with security perimeter, where buildings and people will not be exposed to operatiOns**w1t~out** theirpre-obtainedconsent. The equivalent level ofsafety willbe achieved giventhe size, weight,1

I I
I i and speed ofthe UAS as well as the locationwhere itis operated. No flight willbetakenwithout the requiredpermissionoftheproperty ownerorlocal officials. Because ofthe advancenotice to the property owner andparticipants inthe aerial activity, all affected individuals willbe aware of the planned flight operations. Compared to flight operations with aircraft orrotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL other industries. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 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 set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure."As the sUAS maynothave a barometric altimeter, but instead a GPS altitude read out, an exemption maybeneeded. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): FuelRequirements for FlightinVFR Conditions Section 91.151 (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 ofintended landing, and, assumingnormal cruising speed

- (1) Duringthe day, to fly afterthat for at least45 minutes; or(2)Atnight, to fly afterthat for at least45 minutes." The batterypoweringthe sUAS provides approximately 40 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations onthe UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight 

### in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.15l(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the smallUAS, in a tightly controlled area where only people and property owners or official representatives who have signedwaivers willbe allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minuteswouldgreatlyreducetheutility for whichthe exemptionwillbe granted. Applicantbelievesthat an equivalentlevel ofsafety canbe achievedbylimitingflights to45 minutes or25% ofbatterypowerwhicheverhappens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limitedoperating area. Similarexemptionshavebeengrantedto otheroperations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying CivilAircraft Certification and Registration The regulationprovides in pertinentpart: (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 section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit
entrance so thatitis legible to passengers orcrew. TheUAS fully loadedweighs nomore than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification andregistration 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 sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAAhas issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 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 "shallhave that aircraft inspected as prescribed in subpartE ofthis partand shallbetweenrequiredinspections, exceptas providedin 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The operatorpursuantto the flight manual and operating

### handbook will accomplish maintenance. An 

### equivalent level ofsafety will be achieved because these small UASs are very limited in size and will cany a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and 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. Moreover, the operatoris the person most familiar with the aircraft andbest suitedto maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. 

## ********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: 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);91.109; 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 (55lbs orless). Approval ofexemptions allowing commercial operations ofsUASs, will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subjects being filmed and in extreme proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of4,000lbs, carrying large amounts ofjetA or other fuel. Such aircraft must fly to and from the operational location. In 

### contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried onboard. The sUAS is carried to the operation site 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 small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe 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 helicopters 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 consentedto being filmed orotherwisehave agreedto be in the areawhere filming will take place. The grant ofthis exemptionrequest will provide improved safety inboth day and night operations. Satisfaction ofthe criteria provided in Section 333 ofthe ReformAct of2012- -size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's UAS.

Photo HyBoy

5317 HeatherGlen, Garland,TX75043

RobertDeWitt

214 923-5353


### bob@photoflyboy.com