US Department ofTransportation Exemption Request Pursuant to Secfion 333 of the FAA

ReformAct and Part 11 of the Federal Aviation

October

### 29, 2015



### Andrew

### J Rice 

### Red Pants Studio 

### LLC. 306 Duck Lake Dr. Lake

### Way, TX

# 7a734 · drew@redpantsstudio.com

U.S Department of Transportation Docket Management System 

### 1200 NewJe(seyAve., SEWash.i.ngton D.C 20590

Re: Exemption Request Pursuant to Section 333ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart 

### H; 14 CFR 45.23(b); 14 CFHoLHS(a) and (b); 14 CFH

### 9t.7(a); 14 CFH9i.9(b)(2); 1·4 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 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 CFR91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Si·r or Madam:

Pursuantto Section 333 of the FAA Modernization and Reform Act of 2012 (the "ReformAct"} and 14CFR Part 11 of UnmannedAkcran Systems (UAS), 

### AndrewJ Rice hereby appliesfor an exemption from the listed Federal Aviation. Regurations (*FARs») to atlow commercial operation ofDesignated UAS, provided'such operations are conducted wifhi'n and underthe conditions outlined herein or as maybe established bythe FAA as required bySection 333.Thankyou in advance foryour consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Real Estate 2. Videography 

### I Photography 

### 3. Search and Rescue 

### 4. Crops 

### 5. Private and Public Events 

### 6. Utility Inspections 

### 7. Architectural 

### 8. Cinematography 

### 9. Creative Marketing and Advertising 

### 10. InspectionsofindustrialStructures 

### 11. Landscape Design Marketing and Advertising

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to·"

.... establish requirements for thesafe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicant is



### Andrew

### J Rice Red Pants Studio LLC. 306 

### Duck Lake Dr. LakeWay, TX78734 

### drew@redpantsstudio.com

### From whichtheexemption is requested: 14CFR Part 21 subpart 

### H 14 CFR 45.23 (b) 14 GFR61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFH91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR91.417 

### (a}

As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global. LLC (see Docket No. FAA-2014-0382}, 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and cari)'ing no passengers or crew, ratherthan a manned aircraft of significantly greaterproportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest.



### AndrewJ Rice Will operate one or more ofthe Following model UAS



### DJI Phantom 1, 2, 3, Inspire 1, DJI 5900
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operationsandthe. public benefit. reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETYThe operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes of flight time whicheveroccurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days' Pmduction activities'.

9. All flight activities will be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.11. The flights 

### will occur in Class 

### Gairspace no closer than a mile radius of the geographiccenter/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius of the geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtainverbal/writtenconsentofall persons involved withtheplanned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC wirl abide by all rules

18. Ifthe UAS losescommunications withthe remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case ofemergencies with
an au.tornated 11Return Homeand La.nd 11 function.

20. The UASwill have the capabiiity to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21

.Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries oftheoperational areaasdefined

### bythe applicable COA must be reported to the FANs UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSBWeb site: www.ntsb.gov.14 C.F.R. Part21, 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 aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 of the Reform Act both authorizethe FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated
areasof the particular UAS. In all cases, an analysis of these criteria demonstrates thatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree 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 threatto national security posed bythe UAS, due to its size, speed of operation, location of operation, lack of explosive materials orflammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter 11N11 and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entrancetothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words 11limitedl' 11restrictedl' 111ight sportl'**~~experimental/'** or 11provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter 11N11 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
near each entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor morethan 6 inches high, the words "limitedl"restricted/' "light**s,port!"'~xp~rir:n.~ntal/'** or"provisional/' a$ applica,ble. Eventhough**th~** U.AS vv:ill have no airworthiness certificate, an exemption may be needed asthe UAS will have no entranceto the cabin, cockpit or pitot station on which the word "Experimental" can be placed. Giventhe size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on thefuselage in compliance with §45.29 (f). US Department of Transportation February

### 20, 2015 The equivalent level of safetywill be provided by having the UAS marked on its fuselage as required by§45.29 (f) where the pilot, observerandothersworking with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is beHeved thattheoperationand**Hm~tations** setforth inthe- FOM

## wm equate- tothe safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperatea civil aircraft unless it isin airworthy condition. Astherewill be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfordetermining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill 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 mayoperate a U.S. registered civil aircraft

... (2) Forwhich 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 or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground controlpointwherethe pilotflying the UASwill have.immediateaccess

### to it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As F



### M approved mtorcraftJlightmanualswill

### notheprovided .for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 underNormal Procedures Including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

### 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 hasfully functioning dual controls. UAS and**remoJ~Iy .P.Hot~d**  air,cr,aft, bytheir**d,~$i91'1** dono,t have ,tully runctiol'lal .dual .co.n.trols. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neither a pilot nor passengers will be carried in the 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 operation of 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 prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 

### 400 AGL, or not more than 

### 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will never operate at higherthan 

### 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 

### 400 feet AGL 1 the UAS will not be operated more than 

### 200 feet above the highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flightwill be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals wHI ·be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lackofflammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating at or below 

### 500 AGL. In addition, the·low altitwcle operations ofthe-UASwill eAswre separation between these .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 aircrafttomaintain .cruising altitude 

### by.r:eter.e.nce to an altimeteJthat is set 11

...to the elevation of the departure airport oran appropriate altimeter setting available before departure."As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved bythe operator, pursuantto the safety check Hst and live flight data monhoring, confirming the altitude of the launch site shown on the GPS altitude indicator beforeflight.

14

## .C

..F.R §**~n. ~.9** Ha}:**Fv~l Hequir~111ents**  for FlightirJ YFR Conc;j,itions .S.e.ctio.n 91.151 (a) prohibits an individual from beginning na 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 thatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes. 11 The applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operatingthe UAS ina tightlycontrolted areawhere onlypeople andproperty
owners or official representatives who have signed waivers will be allowed does notengender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.



### 14 C.F.R §91.203 

### (a) and 

### (b): Carrying Civil Aircraft Certifi_cation 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 section ora special flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the-UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extentthey are applicableto the UAS.

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 sabpart Eofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies_repaired .as prescribed inpart43

### o.f this chapter

...,11 

### an_d others shall inspector maintain the aircraft in compliance with Part 43. Given that these sections and Part43 apply only to aircraft with an airworthiness certificate, these sectionswill not applyto the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An**~quival~nt** level of S!3-fety will be achieved**becaus~** the UAS is very**limit~d** in sizeand will carry a small payload and operate only in restricted areas for·a limited period of time. If mechanical issues arisethe UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS isin working orderpriorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensurethatthe UAS is in working order priorto initiatingflight and perform required maintenance needed.

Additional Information.

The applicantAndrew

### J Rice believesthis exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficientjustification for the granting of commercial operations ofthe applicant's UAS. I alsofeel its in the public's interest on granting the exemption, as we can educatethem atthe sametime. And all the positive sides ofthe newtechnology and the level of safety.

The applicantAndrew

### J Rice requests your respective approval ofthis Section 333 exemption petition request.

Thankyou for your attention in this matter. Please notifyAndrew

### J Rice of your actions, and or approvals. Thankyou, foryour interest in this request.

Sincerely,

Andrew

### J Rice

### ManualLink

https://dl.djicdn.com/downloads/inspire 1/en/Inspire%20 1 User Manual V1.8. pdf
http:

### IIdl.djicdn.com

### Idownloads/phantom

### Ien/PHANTOM Advanced Manual en.pd 

### f
http:f/dl.diicdn.com/downloads/phantom 2/en/PHANTOM2 User Manual v1.4 en .pdf
https://dl.djicdn.com/downloads/phantom 3/en/Phantom 3 Professional User M f!nual V1.6.pdf
http://dl.djicdn.com/downloads/s900/en/S900 User Manual v1.2 en.pdf