Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from certain parts of the FARs.

William Gary

Harden March 03, 2016 **Name / Address of Petitioner:** William Gary

Harden 2201 Sandra Court Augusta, Georgia 30906 **Telephone Number of Petitioner:** 706.829.9112 **Email:** gharden@gmail.com

**Regulations from which the exemption is requested:** 14 CFR Part 21 14 C.F.R. § 91.7 (a) 14 CFR § 91.9 (b) (2) 14 C.F.R. § 45.23(b) 14 C.F.R. § 91.103 14 CFR § 61.3 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 § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405 (a) 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 14 CFR § 417 (a) & (b ) 3

**Appendix A** describes the FARs from which an exemption is requested and summarizes the justification for each requested exemption. This Petition is submitted to fulfill Congress ’ goal under Section 333(a) through (c) of the Reform Act, which 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 of the Reform Act. In making this determination, the Administrator must determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS ’ s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas ; and

• Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). If the Administrator determines that such vehicles “may operate safely

in the national a irspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system. ” Id. § 333(c). The Secretary

has delegated his aviation authority to the Administrator of the FAA. 1 The Federal Aviation Ac t expressly grants the FAA the authority to grant exemptions from its regulatory

requirements for civil aircraft, a term defined under § 40101 of the Act, which includes sUASs. The Administrator may grant an exemption from a requirement of a regulation pres cribed under subsection (a) or (b) of this section or any sections 4470244716 of the Federal Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a) ; 49 USC § 44704 ; 14 CFR § 91.203 (a) (1).**Petitioner Background:**

After a twenty

- one year career in law enforcement in Georgia and a licensed FAA single engine plane pilot, the Petitioner is in a unique position to not only safely utilize sUAS technology in the NAS, but to serve as a leader t o other sUAS operators. If permission is granted, the Petitioner will

serve numerous Local, State and Federal entities. The professional relationships he ’ s cultivated with the local sheriff

’ s office, Federal Bureau of Investigation, Georgia Bureau of Investigation, Georgia State Patrol, United States Secret Service, National Security Agency and endless Fire and Police departments would serve as a conduit to safe sUAS implementation into the local airspace. .His business model in place would include but is not limited to EMS / Fire emergency support, Police operation support and missing persons support. At no time will he operate outside the clearly outlined sUAS guidelines published by the FAA. For example, never >400 ’ AGL, within five miles of an airport or beyond VLOS. Petitioner also notes and has read the congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate the economic and societal benefits that can result from widespr ead deployment of sUAS technology . Accordingly , Petitioner applies for authorization under the Federal Aviation Act and the FARs to undertake the aforementioned activities for commercial purposes. If the Petition is granted, Petitioner will be at a signifi cant competitive advantage if it, as it prefers, complies with FAA policy.

**Vehicle(s):** The Petitioner will fly one or more DJI Phantom 4, DJI Phantom 3P , DJI Inspire 1 equipped with a three axis camera gimbal. OE / IR / Thermal imagers may be fielded for better data acquisition as needed. These vehicles have the built in capability to limit the height they fly above the ground, to limit the radius of the distance they fly from the operator, and to exclude them from class B, C, and D airspace as well any TF R’ s (Temporary F light Restricted) areas. The vehicles also have the built

- in capability to return to the launching point if the wireless control link is interrupted or if the operator attempts to exceed any of the height, radius, or airspace limitations programmed into them. The vehicle weighs about five pounds and has a maximum gross weight of approximately

twenty pounds. It has a top speed of about 30 knots. It has four fixedpitch rotors, thrust from which is varied by changing RPM. It is powered by a lithium polymer smart battery

.**Flight profiles:**

The petitioner will program the Phantoms or Inspire 1 so that they will not fly

more than 400 feet above ground level, or more than 1500 feet away from its operator. The PIC (Person in Control) will carefully preflight the vehicle before each mission to assure that its compass and GPS system are properly calibrated and that the return to home feature, altitude, and radius limitations work. They will not operate in controlled airspace. In the unlikely event that a manned aircraft flies below 400 feet AGL where the Petitioner is operating its Phantom, the operator will keep both the vehicle and manned aircraft in sight and avoid the manned aircraft. More particularly, the Petitioner will fly the Phantoms or Inspi re 1 only over the hazard areas that are in control of an on scene Incident Commander, most likely being a Fire Chief, SAR rep or Police rep, etc. The Petitioner will not conduct flight operations of any kind without a minimum of three dedicated personal. A PIC, SIC and observer will be present and functioning as a cohesive flight team for each mission.

**Public interest Granting the petition would be in the public interest because:** 1. The Congress of the United States has determined that early accommodatio n of sUAS into the National Airspace System advances the public interest. The Committee Report leading the House to adopt H.R. 658 said: "The successful integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS) can support more than 23,000 highpaying jobs in the United States. . . . The absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ."1 Granting the Petition represents a step toward such integration, in the absence of a comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. Granting the Petition will facilitate a new era in Emergency Response activities, one in which the responders themselves have a tool to safely, quickly and remotely assess a situation without placing lives in harm ’ s way. In comparison, the EOD robots have saved countless lives since their inception, a feat that will become common place for aerial

a ssessments.

3. Granting the Petition will enable Petitioner to demonstrate the commercial viability of creating new safety techniques and tactics with new aeronautical technology, thereby improving the efficiency of Emergency Responders around the world and making for a safer society . The rules from which Petitioner seeks exemption artificially and irrationally limit the effective use of new technologies to expand Emergency Response safety and improve the efficiency of markets, thereby

subverting the publi c interest.

______________________________________ 1. H. R. Rep. 11229 on H.R. 658, 112th Cong., 1st Sess. at 116. The HouseSenate Conference Committee on the FAA Modernization and Reform Act of 2012 recommended amendments to H.R. 658 in lieu of amendment s adopted by the Senate. Conference Report to Accompany H.R. 658, H.R. Rep. 112381,112th Cong., 2d Sess., at p. 1 (Feb.

1, 2012).

4. Granting this Petition will enable the Petitioner to help demonstrate that the FAAs sUAS FARs are indeed a safe and effec tive means in which to govern the NAS. He will serve as an advocate for the practice of lawful sUAS operations.

5. Granting the Petition will fulfill the FAA’ s own declaration that encouraging new aviation technologies advances the public interest. The FAA itself has recognized the public interest in its role of "Encouraging and developing civil aeronautics, including new aviation technology."2 Granting the Petition will enhance FAA fulfillment of that commitment, thereby serving the public interest. Air commerce flourishes in the United States because of the rapid pace of innovation in aeronautical and associated technologies, followed by their commercialization and their introduction into the marketplace. The drone tec hnology that the Petitioner uses exemplifies the latest innovative leap forward in aeronautical technology. Preventing it from using this in air commerce subverts achievement of the goal.

6. Granting the Petition will fulfill the Congressional determinati on that integrating sUAS technology

into the NAS serves the public interest. Section 330 of the FAA Modernization and Reform Act of 2012, specifically recognizes the advantages to air commerce obtainable from the deploy

ment of sUAS technologies. It mandate d several steps by the FAA to accelerate the availability

of these technologies in the National Airspace System, thereby representing a congressional determination that the public interest is served by making these technologies more widely

available at the earliest practicable date. The Petition represents a way for the FAA to move incrementally, while still satisfying its congressional mandate and meeting its obligation to enhance the public interest by making new technologies available by allowing the

use of sUAS technologies in a manner that protects the public and the rest of the aviation community

from significant risk.

The commercial activities by Petitioner proposed in the Petition represent contributions to new forms of air commerce, thereby fulfill ing the FAA ’ s statutory mandate under the 2012 Act. 7. Granting the Petition will enhance aviation safety, thereby advancing the public interest. The Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to ai rcraft in the National Airspace System and to persons and property on the ground. Many

others are flying sUAS without regard to these hazards. Granting the Petition will offer the Petitioner up as an example of how the FAA is willing to accommodate the new technology

when it is constrained by appropriate limitations to enhance safety. It will also allow the Petitioner to be a role model for safe commercial sUAS operations. Users of the National Airspace System are confronted by mushrooming threats from sUAS flown in defiance of the FAA ’ s ban. Unless the FAA shows some flexibility to accommodate lawful and safe operation of sUAS for legitimate commercial purposes, the level of defiance will increase, intensifying the hazards to manned aircraft and to persons and property on the ground.

Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from certain parts of the FARs.Thank you very kindly for exemption consideration. Sincerely