Date: November 12, 2015

George Bryce Watson III

181 Newbury Rd.

Howell, NJ 07731

Jumbojetguy@gmail.com

(954) 646-7950

Native US Citizen

US Commercial Airline Pilot

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: George Bryce Watson III for Exemption Pursuant to Section 333 of

the FAA Reform Act. 

Continued....

 
To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act) and 14 C.F.R. Part 11, George Bryce Watson III, owner and

operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct

aerial data collection, aerial inspections, aerial surveys and photography &

videography and monitoring, hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of sUAS,

so long as such operations are conducted under the conditions outlined by the

FAA as required by Section 333.1

The proposed exemption, if granted, would allow George Bryce Watson III to

conduct commercial operations of small unmanned aircraft systems (“sUAS”)

meeting or exceeding all of the operational and safety requirements Congress

has set forth in Section 333. Statutory Authority Section 333, titled “Special

Rules for Certain Unmanned Aircraft Systems” provides a mechanism for

seeking expedited FAA authorization of safe civil UAS operations in the NAS.

Section 333(a) states that the FAA “shall determine if certain unmanned

aircraft systems may operate safely in the national airspace system before

completion of the (comprehensive) plan and rulemaking required by section

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In

Section 332(b)(1), Congress made it clear that Section 333 provides a

mechanism for “expedited operation authorization” if several factors are met.

Petitioner meets all requirements to permit FAA approval of commercial UAS

operations.

We have closely reviewed the FAA’s existing exemption grants under section

333, and submit this request as being materially similar to Exemptions 11430,

11365, 11409, 11209, 11111, and 12646 among others. We are fully prepared

and willing to operate under (and abide by) the exemptions already granted and

the conditions required in Exemptions 11430 and 11365. The detailed request

below is provided to further demonstrate our understanding of the rationale for

the FAR exemption requests and associated decisions by the FAA, as well as

provide a basis for establishing our need for the same.

We hope the FAA determines that good cause exists for not requiring

publishing petition summary in the Federal Register as this request does not

set a precedent and parallels existing grant authorizations.

Sincerely,

George Bryce Watson III
The Petitioner Requests Relief From the following regulations:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.405

14 C.F.R. 91.407

14 C.F.R. 91.409

14 C.F.R. 91.417

George Bryce Watson III is petitioning for exemption to enable George Bryce

Watson III to operate; [BirdsEyeView Aeronautics FireFly6 (approved grant

#12646)], [DJi Inspire 1 (approved grant #13055)] each weighing less than 10

Lbs. and utilizing flight controllers known and familiar to the FAA – and having

the required safety features; GPS, loss of signal RTL, GEO fence, low battery

RTL, real-time telemetry, OSD, etc. See below.

The sUASs will be equipped with cameras or imagers, stabilizing gimbals and

OSD (on screen displays) providing the PIC with GPS strength, altitude,

airspeed, battery life and direction. Our UAS flight controllers utilize GEO fence

to limit the altitude above the ground and limit the radius of the distance it

flies from the PIC. Our UASs have GPS guided failsafe functions allowing the

autopilot system to fly back to the launch site autonomously. If the transmitter

is disconnected the system will automatically trigger return to home and will

land safely.

George Bryce Watson III is a commercial airline pilot for a major US Carrier.

George Bryce Watson III is eminently qualified for all aspects of UAS operations

in the NAS. George Bryce Watson III has long worked under FAA guidelines

and applied industry best practices and received training. George Bryce

Watson III is a native US Citizen.

Our commercial activities would include:

• Aerial data collection, survey / mapping

• Aerial Infrared surveys of physical plant, assets, infrastructure, solar

panels, structures, construction

• Aerial photo & video surveys of physical plant, assets, infrastructure,

solar panels, structures

• Real Estate & marketing promotion (non-closed set)

• Aerial videography and photography

• Agricultural surveys
• Research and environmental monitoring

• Aerial Data Collection

FCC INFORMATION

Our transmitters used for controlling the sUAS comply with part 15 of the FCC

rules. Operation is subject to the following two conditions:

(1) This device may not cause harmful interference,

(2) This device must accept any interference received, including interference

that may cause undesired operation.

Our radio transmitters used for controlling the sUAS’ are wireless technology

which has been tested and found to be compliant with the applicable

regulations governing a radio transmitter in the 2.4GHz or 5.8GHz frequency

range.

STANDARD OPERATING PROCEDURES (unless revised per FAA grant of

exemption)

1. Operations authorized by this grant of exemption are limited to the specific

UAS approved in the grant, when weighing less than 55 pounds including

payload. Proposed operations of any other aircraft will require a new petition or

a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television

filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per

hour). The exemption holder may use either groundspeed or calibrated airspeed

to determine compliance with the 87 knot speed restriction. In no case will the

UA be operated at airspeeds greater than the maximum UA operating airspeed

recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above

ground level (AGL). Altitude must be reported in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all

times.

This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA-issued airman

medical certificate or U.S. driver’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO

may be used to satisfy the VLOS requirement as long as the PIC always

maintains VLOS capability. The VO and PIC must be able to communicate

verbally at all times; electronic messaging or texting is not permitted during

flight operations. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight. The PIC must

ensure that the VO can perform the duties required of the VO.

7. All documents needed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in the grant of

exemption “operating documents.” The operating documents must be

accessible during UAS operations and made available to the Administrator

upon request. If a discrepancy exists between the conditions and limitations in

this exemption and the procedures outlined in the operating documents, the

conditions and limitations herein take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is

the

operator’s responsibility to track such revisions and present updated and

revised

documents to the Administrator or any law enforcement official upon request.

The operator must also present updated and revised documents if it petitions

for extension or amendment to this grant of exemption. If the operator

determines that any update or revision would affect the basis upon which the

FAA granted this exemption, then 4the operator must petition for an

amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS−80) may be contacted if questions arise regarding updates or revisions to

the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g., replacement of a flight critical

component, must undergo a functional test flight prior to conducting further

operations under this exemption. Functional test flights may only be

conducted by a PIC with a VO and must remain at least 500 feet from other

people. The functional test flight must be conducted in such a manner so as to

not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to

ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and

determine the UAS is in a condition for safe flight. The pre-flight inspection

must account for all potential discrepancies, e.g., inoperable components,

items, or equipment. If the inspection reveals a condition that affects the safe
operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all

manufacturer

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also

hold a current FAA airman medical certificate or a valid U.S. driver’s license

issued by a state, the District of Columbia, Puerto Rico, a territory, a

possession, or the Federal Government. The PIC must also meet the flight

review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC

is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC

demonstrates the ability to safely operate the UAS in a manner consistent with

how the UAS will be operated under this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from persons,

vessels, vehicles and structures. PIC qualification flight hours and currency

must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the

purposes of training the operator’s PICs and VOs (training, proficiency, and

experience-building) and determining the PIC’s ability to safely operate the UAS

in a manner consistent with how the UAS will be operated under this

exemption are permitted under the terms of this exemption. However, training

operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights, all persons not essential

for flight operations are considered nonparticipants, and the PIC must operate

the UAS with appropriate distance from nonparticipants in accordance with 14

CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR §

1.1. All operations must be conducted under visual meteorological conditions

(VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference

point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or

for airports not denoted with an ARP, the center of the airport symbol as

denoted on the current FAA-published aeronautical chart, unless a letter of

agreement with that airport’s management is obtained or otherwise permitted

by a COA issued to the exemption holder. The letter of agreement with the
airport management must be made available to the Administrator or any law

enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must

return to a pre-determined location within the private or controlled-access

property.

19. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough available power for the UA to

conduct the intended operation and to operate after that for at least 5 minutes

or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).

All operations shall be conducted in accordance with an ATO-issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified

by serial number, registered in accordance with 14 CFR part 47, and have

identification (N−Number) markings in accordance with 14 CFR part 45,

Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of

the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must

be available to the PIC at the Ground Control Station of the UAS any time the

aircraft is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations

and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately in a

manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that

it does not present an undue hazard. The PIC, VO, operator trainees or

essential persons are not considered nonparticipating persons under this

exemption.

27. All operations shall be conducted over private or controlled-access property

with permission from the property owner/controller or authorized

representative. Permission from property owner/controller or authorized

representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS−80) within 24

hours. Accidents must be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. If this

exemption permits operations for the purpose of closed-set motion picture and

television filming and production, the following additional conditions and

limitations apply.

29. The operator must have a motion picture and television operations manual

(MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The

3-day notification may be waived with the concurrence of the FSDO. The plan

of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming

conducted

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene

operation of the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners
and/or local officials to conduct the filming production event; the list of those

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area,

city, town, county, and/or state over which filming will be conducted and the

altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating

persons consenting to be involved and necessary for the filming production, as

specified in the exemption holder’s MPTOM.

HOW THIS REQUIST IS TO THE BETTERMENT OF OUR COMMUNITY

George Bryce Watson III UAS’s are powered by batteries, smaller, lighter and

more maneuverable than larger aircraft running on combustible fuel, it

operates at lower altitudes with no people on board and will thereby reduce

current risk levels associated with traditional aircraft, enhance safety and

diminish the likelihood of death or serious bodily injury. Also with a small

payload and typical flight time of only 10-25 minutes, there is little or no risk

to national security.

Low level photos and video are far more effective than ground or high altitude

manned aircraft imagery for displaying detailed characteristics of ground based

objects or elevations required for plant, asset and structural inspection with

standard or infrared cameras. The applicant is aware of costs associated with

full-sized helicopters or planes for parallel purpose, which is proven more

costly than many potential clients have been able to afford. The benefits of

reduced cost and improved quality of presentation from the UAS will be

incredibly valuable to clients.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

George Bryce Watson III requests an exemption from the following regulations

as well as any additional regulations that may technically apply to the

operation of the sUAS System.

14 CFR Part 21, Airworthiness Certificates:

This part establishes the procedures for the issuance of an airworthiness

certificate. While the FAA continues to work to develop airworthiness standards

for Unmanned Aerial Systems, we request an experimental certificate be issued

for our UAS’s under either or both of the following provisions: 21.191

Experimental certificates. Experimental certificates are issued for the following

purposes:
(a) Research and development. Testing new aircraft design concepts, new

aircraft equipment, new aircraft installations, new aircraft operating

techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including

flights to show compliance for issuance of type and supplemental type

certificates, flights to substantiate major design changes, and flights to show

compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as

market surveys, sales demonstrations, and customer crew training, we would

expect that an experimental certificate would permit our commercial purpose

as well. The aircraft will not carry persons or property, will not carry fuel, and

will only fly under strict operational requirements. Combined with the UAS

lightweight, being constructed primarily of carbon fiber and plastic in

conjunction with the ability to utilize emergency parachute systems. We

propose that the UAS will be at least as safe, if not safer, than a conventionally

certificated aircraft performing the same mission. If an experimental

airworthiness certificate is not appropriate for this application, then we request

an exemption of 14 CFR Part 21, Subpart H, and the requirement for an

airworthiness certificate in general, citing the equivalent level of safety outlined

in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks:

These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft

must display the word "EXPERIMENTAL" in letters at least 2 inches high near

the entrance to the cabin, cockpit, or pilot station. The sUAS does not have an

entrance in which the word "EXPERIMENTAL" can be placed, and may not

have a registration number assigned to it by the FAA. We will display at the

ground station a flag or banner that containing the words "Unmanned Aircraft

Ground Station." Since the aircraft will operate within 3/4 NM of the ground

station, the banner should be visible to anyone that observes the aircraft and

chooses to investigate its point of origin. 

14 CFR 91.7 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. 

91.119 Minimum safe altitudes:

The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since

the typical mission of the sUAS would be inspect or survey persons, vessels,

vehicles or structures it would be necessary to operate closer than 500 feet to
the items listed. The hazard to persons or property on the surface will be very

limited. Therefore we maintain that due to the small size of the UAS, the

hazard to persons, vehicles and structures is minimal compared to manned

aircraft, which should be considered in granting the exemption. The exemption

is not unlike 11062, 11136, and 11111 among others.

CFR 91.121 Altimeter settings:

The regulation requires that aircraft shall maintain cruising altitudes by

reference to an altimeter setting available within 100 NM of the aircraft. The

sUAS will always fly below 400 feet AGL and will not need to maintain cruising

altitudes in order to prevent conflict with other aircraft. An Above Ground Level

altimeter measurement above the takeoff point is transmitted via radio from

the sUAS on-board computer to the display screen held by the PIC, providing a

constantly updated AGL readout. The Pix4D flight controller can be configured

to geo-fence the UAS under the 400’ maximum altitude.

14 CFR 91.151 Fuel requirements for flight in VFR conditions:

The regulation provides that no person may begin a flight in an airplane under

day-VFR conditions unless there is enough fuel to fly to the first point of

intended landing and to fly after that for at least 30 minutes. The purpose of

this is to provide an energy reserve as a safety buffer for delays to landing.

Since the aircraft will never fly more than 3/4 NM from the point of intended

landing, a full battery charge at launch will ensure that we meet the reserve

energy requirement of this paragraph. 30% minimum reserve for immediate

landing.

14 CFR Subpart E (91.401- 91.417) -Maintenance, Preventive Maintenance,

Alterations: The regulation provides that the operator is primarily responsible

for maintaining the aircraft in an airworthy condition, including compliance

with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be

"approved for return to service by a person authorized under 43.7" after

maintenance and inspection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the

aircraft for return to service." The PIC will ensure that the aircraft is in an

airworthy condition prior to every flight and in addition conduct detailed

inspections after every five hours of flight. All maintenance will be performed by

the PIC in accordance with the manufactures manual. If required maintenance

is beyond the ability of the PIC the maintenance will be performed by the

manufacturer or their designated repair facility. The PIC will document work

performed in accordance with 91.417. We feel that due to the size,

construction, and simplicity of the aircraft, the PIC can ensure an equivalent

level of safety.

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

Section 91.405(a) prescribes that: “(a) 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,”

Section 91.407(a) prescribes that: “(a) No person may operate any aircraft that

has undergone maintenance, preventive maintenance, rebuilding, or alteration

unless – (1) It has been approved for return to service by a person authorized

under 43.7 of this chapter; and (2) The maintenance record entry required by

43.9 or 43.11, as applicable, of this chapter has been made.”

Section 91.409(a) prescribes that: “(a) Except as provided in paragraph (c) of

this section, no person may operate and aircraft unless, within the proceeding

12 calendar months, it has had – (1) An annual inspection in accordance with

part 43 of this chapter and has been approved for return to service by a person

authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an

airworthiness certificate in accordance with part 21 of this chapter.”

Section 91.417(a) and (b) prescribe, in summary, that each registered owner

and operator of an aircraft shall keep records of maintenance, alterations,

service life, and inspections.

Since, if an exemption is granted, the SUAS in question will not carry an

airworthiness certificate, and will not have established standards with which to

determine it airworthiness, we request exemption from the above listed

regulations.

Instead, the SUAS will be operated and maintained by the PIC per the

manufacturers operating and maintenance manuals for inspecting,

maintaining, and repairing the sUAS. Further, all flight operations will be

recorded by way of an entry in the Log Book.

The exemption request is not unlike exemptions granted in 11136 and 11062,

among others.

Continued...
CONCLUSION

By granting George Bryce Watson III the requested exemptions, the FAA will

help drive development of safe and successful commercial UAS operations and

will advance the public knowledge base for such operations of UAS. George

Bryce Watson III is committed to promoting the UAS research efforts of

policymakers by sharing data from its commercial UAS operations and serving

as a resource for future UAS research operations.

As pointed out in this application, all the sUASs which our company would

use, under authorization by the US DOT-FAA, are small, light-weight devices

operated within the line of sight of the Pilot-in-Command (PIC), less than 400

feet above the ground and outside 5 miles from any airport or location with

aviation activities, unless the air traffic control authorities (ATC) have been

notified and have authorized each flight within a radius of this distance.

George Bryce Watson III seeks an exemption pursuant to 14 C.F.R. and Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

permit safe operation of our UAS commercially, without an airworthiness

Certificate.

By granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of 2012,

while also advancing the interests of the public, by allowing George Bryce

Watson III to safely, efficiently, and economically operate sUASs commercially

within the NAS. Wherefore, in accordance with the Federal Aviation

Regulations and the FAA Modernization and Reform Act of 2012, Section 333,

George Bryce Watson III respectfully requests that the Administrator grant this

Petition for an exemption from the requirements of 14 C.F.R Sections.

Respectfully,

George Bryce Watson III,

Attachments: operating manuals & safety check lists for the requested UAV’s.