Jesse Bakke

200 Rose Ave. January 31, 2016 Myrtle Creek, OR 97457

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

Re:

Dear Sir or Madam:

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Jesse Bakke, operator of Small Unmanned Aircraft Systems (sUAS) , hereby applies for exemption from the listed Federal Aviation Regulations (“FAR's”) to allow commercial operation of my sUAS's, 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.

Commercial operation of a sUAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering, and other related professional activities.

2. Aerial video and/or photography for public and/or private use including closed-set motion picture and television filming, public events, cinematography, and news gathering.

3. Aerial data collection applications which include mapping, topographical surveying, 3D modeling, and precision agriculture.

4. Aerial inspection/photography of residential/commercial structures.

5. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines, and cell towers.

6. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

7. The ability to offer training to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a sUAS for the purpose of the safe operation of a sUAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property

The requested exemption would permit the operation of a sUAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined, and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.”The name and address of the applicant is:

Jesse Bakke Phone: (541) 580-8177 Email: jesse.bakke.00@gmail.com Address: 200 Rose Ave. Myrtle Creek, OR 97457

Regulations from which the exemptions are requested:

• 14 C.F.R. Part 21 Subpart H • 14 C.F.R. §91.119 (c) • 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. §91.109 • 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. §91.417 (a) & (b) • 14 C.F.R. Part 36 Subpart A, F & O • 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)(2)

Jesse Bakke intends to fly the following drone:

DJI Phantom 3 Advanced

Dimensions: Weight: 120g Maximum Speed: 35mph Frequency Spectrum: 2.4GHz (control), 5.8GHz (video feed) FCC Compliant

Similarly sized sUASs have been approved for use in prior Section 333 Grants of Exemption from the FAA. See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156).

Given the small size of the sUASs and the controlled environment provided, the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant seeks to have this exemption cover the sUASs used to carry out the commercial operations described herein which are subject to the limitations proposed in this petition. Jesse Bakke proposes and agrees to the following limitations and conditions for commercial sUAS operations conducted under a granted FAA exemption:1. The sUASs will weigh less than 55 lbs.

2. The sUASs will have a maximum operating speed of no more than 55kts.

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 a multi-rotor sUAS operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 25 minutes of flight time whichever occurs first.

5. Maximum flight time for a fixed wing sUAS operational flight will be 40 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

6. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL). In cases where the sUAS is used to survey, inspect, or photograph a structure that exceeds 400 feet AGL, the sUAS will not be operated more than 200 feet above the highest point of that

structure.
7. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator.

8. The sUAS pilot will be a designated Pilot in Command (PIC) and hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, District of Columbia, Puerto Rico, a territory, a possession, or the Federal government of the United States. The PIC will also meet the flight review requirements specified in 14 C.F.R. §61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

9. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight operations, which will outline the individual flight activities and safety measures.

10. All flights will occur under Visual Meteorological Conditions (VMC) only.

11. The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pertinent

information.

13. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination. With the advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of sUAS and receive up-to-date information for the particular sUAS to be operated.

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

17. Written and/or verbal permission and necessary permits will be obtained from territorial, state, county, or city jurisdictions, including law enforcement, fire, or other appropriate governmental agencies.

18. If the sUAS loses communications with the remote controller or experiences GPS signal degradation, the sUAS will have the capability to return to a predetermined location.

19. When applicable, GPS Geo-Fencing technology will be used to place limits on the aircraft’s maximum vertical and horizontal displacement from the ground control point.

20. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.21. The sUAS will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

22. A Motion Picture and Television Operations Manual (MPTOM) will be used to help govern all closed-set motion picture and television filming operations.

14 C.F.R. Part 21, Subpart H: Certification Procedures - Airworthiness Certificates 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, Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 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 sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated

The sUAS to be operated is 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 and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator in compliance with local public safety requirements. These enhancements provide a greater degree of safety to the public and property owners than conventional civil aircraft operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and its inability to carry a substantial external load. There have been exemptions granted by the FAA to petitioners seeking 13-14, 22).

14 C.F.R. Part 36, Subparts A, F and O: Noise Standards - Aircraft Type and Airworthiness Certification Pursuant to 14 C.F.R. Part 36, Subparts A, F and O, establish certain noise standards for certification of various aircraft types. Because the Subject sUAS would not have an airworthiness certificate, and given its small size and negligible noise impact, the petitioner requests an exemption from 14 C.F.R. Part 36.

14 C.F.R. § 45.23 (b): Display of Marks; General. - Pursuant to 14 C.F.R. 45.23(b); When marks include only the Roman capital letter “N” 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 entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable. While the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be impractical. 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 In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable.” See FAA Docket No. FAA-2014-0352. All sUASs flown by Jesse Bakke will bear N-number markings that are as large as practicable in accordance with 14 C.F.R. Pat 45, Subpart C.14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations - Pilot in Command.

Pursuant to 14 C.F.R. 61.113 (a) & (b); No person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Because the applicant’s sUAS does not carry any pilots, passengers, or property, Jesse Bakke may achieve an equivalent level of safety as achieved under current regulations. The risks attendant to the operation of a sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. 61. Jesse Bakke currently holds a private pilot's license, and will act as the sole PIC of any flights. Going forward, any employee of Jesse Bakke that acts as PIC of the sUAS will have either an airline transport, commercial, private, recreational, or sport pilot

certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, District of Columbia, Puerto Rico, a territory, a possession, or the Federal government of the United States. In meeting those limitations as listed in previous FAA exemption approvals, the PIC of Jesse Bakke sUASs will exceed current safety levels in relation to 14 C.F.R. 61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. Pursuant to 14 C.F.R. 91.7(a); No person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the maintenance requirements detailed in the sUAS User and/or Operations Manual combined with safety check lists prior to each flight, an equivalent level of safety will be provided. See Grant of Exemption No. 11671 to Dronair Solutions (FAA–2015–0648 page 18) for previous FAA granted exemption.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual, Marking, and Placard Requirements. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane Given the size and configuration of the sUAS used by Jesse Bakke, there is no capacity to carry such a flight manual on the aircraft. An equivalent level of safety will be achieved by keeping the sUAS Operation Manual at the ground control point where the pilot in command will have immediate access. See Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.

14 C.F.R. § 91.103(b)(2): General Operating and Flight Rules - Preflight Action. Pursuant to 14 C.F.R. 91.103(b)(2); For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. An equivalent level of safety will be The PIC will take actions including reviewing weather, flight battery requirements, landing and takeoff distances, aircraft performance data, and setting the predetermined safe landing area in case of loss of GPS communication before initiation of flight. See Grant of Exemption No. 11671 to Dronair Solutions (FAA–2015–0648 page 18)

14 C.F.R. §91.109: Flight instruction; Simulated Instrument Flight and Certain Flight Tests. Section 91.109 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. Remotely piloted aircraft and sUAS, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio. 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. Due to the sizeand speed of the sUAS and the fact that neither a pilot nor passengers will be carried in the aircraft,

and all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction, an equivalent level of safety is provided. The FAA has granted exemption for the same operation, See Grant of Exemption No. 11671 to Dronair Solutions (FAA–2015–0648 page 19)

14 C.F.R. §91.119: General Operating and Flight Rules - 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 sUAS operation at altitudes up to 400 feet AGL, an exemption may be needed. In cases where the sUAS is used to survey, inspect, or photograph a structure that exceeds 400 feet AGL, the sUAS will not be operated more than 200 feet above the highest point of that structure. An exemption was granted by the FAA for like operations - See Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 page 19)

14 C.F.R. §91.121: General Operating and Flight Rules - Altimeter settings. Section 91.121 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 may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. See e.g., Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 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 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.” For similarly FAA granted exemption, see Grant of Exemption to Alan Purwin (Exemption No. 11161). The battery powering the sUAS provides approximately 30 minutes of powered flight. Because the 30 minute reserve requirement in 14 C.F.R. §91.151 cannot be met by the sUAS, an exemption is needed. With a limited flight time of 25 minutes or 25% battery power and line of sight operation in a limited area, an equivalent level of safety is achieved. This time/power restriction is more than adequate to safely return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Civil Aircraft: Certifications Required 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 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 sUAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, it is impractical 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 in command will have immediate access. The FAA has granted exemption for same, See Grant of Exemption No. 11671 to Dronair Solutions (FAA–2015–0648 page 18)14 C.F.R. §91.405 (a); §91.407 (a) (1); §91.409 (a) (2); §91.417(a) & (b): Maintenance required.

Sections 91.405(a), 407(a)(1), 409(a)(2), 417(a)(b) 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. American Drone Pro proposes that the maintenance of the sUAS will be accomplished by the owner/operator according to the operation manual. As provided in the attached manuals, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition thereby ensuring an equivalent level of safety. See e.g., Grant of Exemption No. 11671 to Dronair Solutions (FAA–2015–0648 page 15)

PUBLIC INTEREST

Jesse Bakke is convinced approval of the exemptions requested in this petition are in the publics interest. My conviction stems from the thorough survey of the applications and safety enhancements that sUAS operations offer to a wide variety of existing and future markets. Many of the current flight operations that are addressed using manned civil aircraft can be performed by small unmanned aircraft systems with reduced environmental impact, lower cost, and increased safety. Consider the following comparison between the sUAS and manned civil aircraft:

• The sUAS is smaller and weighs considerably less than manned civil aircraft.

• Reduces hazard to property, livestock, and the general population.

• The sUAS can operate in smaller areas not possible with large aircraft.

• The sUAS uses batteries rather than combustible fuel.

• Reduces environmental impact by eliminating hydrocarbon emissions.

• Non-flammable power source reduces fire risk.

• The sUAS does not require on board crew members flying at low altitudes.

• Reduces risk of injury to flight operations personnel.

• Land Planning and Development

• Local Infrastructure & Agencies

• Architecture and Engineering

• Agriculture

• Solar Power

• Power Generation and Distribution

• Environmental Research

• Search and Rescue

Although video and photography are main features of sUAS operations, there are a multitude of other applications that will come to benefit the public. In addition to providing videography/photography for markets like real estate and public/private events, there are others that address the needs of far-reaching markets. Examples include:

Closed-Set Film making and Cinematography: Typically, the motion picture and television industryuses manned airplanes and helicopters to carry out aerial filming of subject matter. They are usually

large, heavy, and powered by combustible fuel. Using a sUAS offers a level of safety that cannot be provided by its larger counterparts. The small size, light weight aircraft are powered by batteries givingthem the advantage to film in more confined areas while reducing risk to structure and persons. ClosedSet filming using sUAS is in the interest of the public as it takes place in a controlled area, away from spectators and persons not involved in the filming.

Agriculture: Special lenses fitted to the sUAS camera allow data to be collected from images that determine the health of plants growing in a field. That data is used to calculate more precise application of pesticide, fertilizer, and water thereby limiting and conserving resources. This can ultimately lead to increased crop yield at reduced cost.

Structural Inspection: Image data collected using a sUAS can be utilized to create 3-dimensional models of structures. Engineers can use these 3D models to navigate and make measurements using their own in-house CAD software. A considerable advantage is gained in being able to determine repaircosts and design modifications in office without having to make measurements that rely on costly highrisk methods. Engineering firms can benefit by reduced cost and enhanced safety.

Environmental Conservation: Images collected from sUAS flights over areas of interest can be used to create accurate maps and models of parks, reserves, and nature conservation areas in an efficient and affordable way. Rather than collecting data, personnel can spend their time analyzing the maps and models for various actions like assessing environmental regulation adherence or creating extensive

inventories of natural resources.

Accident Scene Reconstruction: A traffic accident is a good example where the sUAS size and maneuverability can provide a timely and accurate method of data collection. Following a traffic accident, there is a limited amount of time to gather information for use in reconstruction of the event. The sUAS can capture ground and aerial imagery to be used in constructing 3-dimensional representations of the accident scene. The resulting models can be used at any given time to perform accurate measurements and to view every conceivable angle of the scene. The use of sUAS data collection provides an immediate response, saves expense, and offers highly accurate output.

Solar Power Land Development: Development of a potential solar farm site requires a topographic survey to help A sUAS can serve as a valuable data collection tool for rendering complex 3- dimensional models of the land under consideration or development. Slope angles and height measurements can be made using the image data collected by the sUAS cameras. The use of sUAS technology reduces time and cost compared with traditional surveying methods while providing increased accuracy and accessibility.

Search and Rescue (SAR): In regard to search and rescue operations, the public stands to benefit from the use of sUAS technology. The sUAS aircraft are able to perform missions with a high level of complexity and, at the same time, require less human operator involvement due to their autonomous behavior. Because the search phase in SAR missions is critical to guarantee broad coverage of wide areas, the sUAS can execute missions autonomously repeating area coverage multiple times when needed. During the rescue phase, the sUAS can be used to deliver medicine, food, water, etc. to a temporarily non-accessible person or persons.The applications and services discussed above are only a small sample of a virtually limitless set of

potential benefits the public, private, and governmental sectors stand to gain. Jesse Bakke is purposeful in providing safe and

I would like to thank the FAA for considering this request. I look forward to working with the FAA in its determination, and to being part of the discussions as the FAA considers how to expand, certify, test, register, track, and control commercial sUAS use in the United States.

Respectfully Submitted,

Jesse Bakke