1

Hollingsworth – FAR Section 333 Exemption

Stephen M. Hollingsworth

3657 Connecticut

St. Louis, MO 63116

December 30, 2015

   

U.S. Department of Transportation Docket

Management System 1200

New Jersey Ave., SE  

Washington DC 20590

   

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11  of the Federal

Aviation Regulationsfrom: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14  CFR 61.113(a); 14 CFR 91.7(a); 14

CFR 91.9(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) and (b); 14  CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR

91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Brett

Covington, operator of small Unmanned Aerial Systems (UAS), hereby applies for an exemption from

the listed Federal Aviation Regulations to allow commercial operation of a small UAS,so long as such

operations are conducted within and under the conditions outlined herein or as my be established by

the FAA asrequired by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors,

would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including  real estate, architecture,

agriculture, land surveying, engineering and other  related professional activities.

2. Aerial video and/or photography for public and/or private use including public events, and

cinematography.

3. Aerial inspection/photography ofresidential/commercialstructures under contract with the owners

orlocal government authority.

As described fully below, the requested exemption would permit the operation of   small UAS 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 ofsuch aircraftsystemsin the national airspace system."  

The name, phone, email and address of the applicant:

Name: Stephen M. Hollingsworth   

Phone: 314‐477‐6453

Email: Stephen_m_h@earthlink.com

Address: 3657 Connecticut, St. Louis, MO 63116
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Hollingsworth – FAR Section 333 Exemption

Regulationsfrom which the exemption isrequested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (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) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)  

The small UAS I will be using are multi‐rotor craft weighing no more than 55 pounds, including

payload. Under normal conditions they will operate at speeds of no more than 35 Mph or 30 Knots

and have the ability to hover and move along a vertical and horizontal plane simultaneously. They

will operate in line of sight only and by the exempted person only obeying all other local and federal

laws.   

Given the small size of the UAS 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

requeststhat the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent

or higher level of safety because operations will further enhance the safety of the persons and/or

property using conventional aircraft. These limitations and conditions to which the applicant agrees to

adhere to when conducting commercial operations under the FAA issued exemption as set forth in the

Flight Operations Manual (FOM} include:

1. The small UAS will weigh lessthan 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25%

battery powerreserve or 30 minutes of flight time;  whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above  Ground Level (AGL} (max

height of 400 feet AGL is programmed into small  UAS and will not exceed this height), and not more

than 200 feet above an  elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC}, the Visual

Observer(VO} when needed and may include but not  limited to a Camera Operator.

6. The small UAS pilot will be Brett Covington ONLY, not allowing any other person to operate the small

UAS in a commercial capacity.

7. A briefing will be performed regarding the planned small UAS operations prior to each day's flight
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Hollingsworth – FAR Section 333 Exemption

consisting of all the days' production activities.

8. The PIC 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, as required  

under the FOM. With the advanced permission or direction of the FSDO, operations at closer range

may be approved.

9. The PIC and VO will have been trained in operation of small UAS and    receive up_to date

information for the particular small UAS to be operated  and will be able to show upon request their

competent ability to operate the  small UAS and/or Camera.

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

11. Written and/or verbal permission and permits will be obtained from territorial, state, county or city

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when

needed.

12. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to

return to a pre‐determined location within a designated location and land autonomously.

13. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

  

14 C.F.R. Part 21, Sub part 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 asrequired 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 equirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the   particular

small UAS. In all cases, an analysis of these criteria demonstrates that the  small UAS operated without

an airworthiness certificate, in the restricted  environment and under the conditions proposed will be at

least as safe, or safer,    than a conventional aircraft (fixed wing or rotorcraft) operating with an  

airworthiness certificate without the restrictions and conditions proposed.  

The small UAS to be operated hereunder 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 both the operator and under the requirements and in compliance with  

local public safety requirements. These safety enhancements 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 of these same criteria demonstrates that

there is no credible threat to national security posed by the small UAS, due to its size, speed    of

operation, location of operation, lack of explosive materials or flammable liquid  fuels, and inability to

carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: 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
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Hollingsworth – FAR Section 333 Exemption

words "limited,"  "restricted," "light‐sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the

small UAS will have no entrance to the cabin1 cockpit or pilot    station on which the word

"Experimental" can be placed. Given the size of the small  UAS, two_inch lettering will be impossible.

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 small UAS marked on its fuselage as required by §45.29

(f)  where the pilot, observer and others working with the small UAS will see the  identification of the

small UAS as "Experimental."

14 C.F.R. § 61.113(a): Private Pilot Privileges and limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), 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

small UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level

of safety of current operations by requiring the Pilot operating the aircraft to be an experienced aviator

with a  detailed knowledge of the National Airspace System. The FAA has acknowledged in  prior grants

of exemption under Section 333 that a commercial pilot's certificate   was not necessary to operate a

small UAS, and deemed that a Sport Pilot or  Recreational Pilot certificate was adequate to address the

FAA's requirement that    the Pilot In Command have the requisite training and understanding of the

National    Airspace System, to ensure that the Pilot is registered with the FAA, and that the    flight

operation will not pose a risk to national security.

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 of the aircraft for

maintenance and use of safety checklists prior to each flight 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 of  this 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 small 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 or capacity to 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 small UAS will have immediate access to it.

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

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption

will be needed. The OPERATOR will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
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Hollingsworth – FAR Section 333 Exemption

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 has fully functioning dual controls. Small UAS and

remotely piloted aircraft, 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

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. The equivalent level

ofsafety is provided by the fact that  neither a pilot nor passengers will be carried in the aircraft and by

the size and  speed of the 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

isfor a small UAS that is a  helicopter and the exemption requests authority to 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 set forth herein, the small UAS will never

operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to

survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be

operated more than 100' above the highest point on the structure. It will however be operated in a

restricted area with 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 small UAS as well as the location where it is operated. No flight will be taken without

the permission of the property owner or local officials. Because of the advance notice to the property

owner and participants in the filming activity, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the

maximum 551bs. 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. In addition, the low altitude operations of the small UAS 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 small UAS 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.

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
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Hollingsworth – FAR Section 333 Exemption

least 30 minutes; or   (2) At night, to fly after that for at least 45 minutes." The battery powering the

small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in

length. Given the limitations on the small UAS' proposed flight area and the location of its proposed

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR  

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the

scope of prior exemptions. Operating the small UAS, in a   tightly controlled area where only people

and property owners or official   representatives who have signed waivers will be allowed, with less

than 30 minutes    of reserve fuel, does not engender the type of risks that Section 91.151(a) was  

intended to alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights

to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant

believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of

battery power_ whichever happens first. This restriction would be more than adequate to return the

small UA to its planned landing zone from anywhere in itslimited operating area.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification 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 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 small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As

such, there is no ability or place to carry certification and registration documents or to display them

on the small UAS. An equivalent level of safety will be achieved by keeping these documents at the

ground control point where the pilot flying the small UAS will have immediate access to them; to the

extent they are applicable to the small 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 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.  Given that these section

and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the

applicant. The operator pursuant to the flight manual and operating handbook will accomplish

maintenance. An equivalent level of safety will be achieved because these small UASs are very limited

in size and will carry a small payload and operate only in restricted areas for limited periods of time. If

mechanical issues arise the small UAS can land immediately and will be operating from no higher than

400 feet AGL. The operator will ensure that the small UAS is in working order prior to initiating flight,

perform required maintenance, and keep a log of any maintenance performed. Moreover, the

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft

Operations Manual (AOM). As provided in the FOM1 the operator will ensure that the small UAS is in

working order prior to initiating flight and perform required maintenance needed.
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Hollingsworth – FAR Section 333 Exemption

Small UAS Information

Small UAS'sto be used are asfollows but not limited to providing they are within the scope of the

exemption granted by the FAA:

UAS to be Used:

1. DJI Phantom 2

 Weight (Including Battery And Propellers) 1280 g

 Diagonal Size (Including Propellers) 590 mm

 Max Ascent Speed 5 m/s

 Max Descent Speed 3 m/s

 Hover Accuracy

o Vertical: +/_ 0.1 m (when Vision Positioning is active) or +/_ 0.5 m

o Horizontal: +/_ 1.5 m

 Max Speed 16 m/s(ATTI mode, no wind)

2: DJI Inspire

• Weight (Battery Included) 6.4 7 lbs.

• Hovering Accuracy {GPS Mode) Vertical1.5 ft, Horizontal 7.5 ft

• Max Angular Velocity Pitch: 300deg/s; Yaw ISOdeg/s

• Max Tilt Angle 30deg/s  

• Max Ascent Speed 15 ft/s

• Max Decent Speed 12 ft/s

• Max Speed 66 ft/s

• Diagonal Distance 22.0 in. (Landing gear lowered), 22.9 in. (Landing gear raised)

• DJI Inspire Battery  o Model (Standard) TB4 7  o

Voltage 22.2v  o Capacity 4500mAh  o Energy

99.9Wh  o Net Weight 1.26 lbs.

• DJI Inspire Gimbal  

o Operating Current: Station: 750mA, Motion: 900mA  o  

Controllable Range: Pitch: _90deg to +30deg   

o Max Controllable Speed: Pitch: 120deg/s, Pan: 180deg/s

• DJI Inspire Remote Controller

o Frequency

• 5.725GHr5.850GHz(Remote Controllerto Remote Controller)

• 2.400GHr2.483GHz(Remote Controllerto Aircraft)

o Battery Capacity 6000mAh

o Working Current/Voltage 1.2A@7.4V

Public Interest  

The public interest will be served by granting Stephen M Hollingsworth Petition for Exemption.

Congress has established a national policy that favors early integration of UAS into the NAS in

controlled, safe working environments such as those proposed in this Petition. Granting this Petition

for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the

FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before

completion of the statutorily required rulemaking.  
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Hollingsworth – FAR Section 333 Exemption

Beyond increased levels of safety, the public stands to benefit enormously from the commercial,

programs supported by the proposed operations in this Petition for Exemption. Whether it is studying

the best ways to monitor our aging infrastructure, or researching ways for farmers to produce better

crops in a more sustainable and environmentally conscious manner, the public as a whole will benefit

from the information gathered and studied as part of the education and research programs

supported by the proposed operations in this Petition for Exemption.  

Privacy

The proposed operations will be conducted in accordance with applicable federal, state, or local laws

regarding privacy. All flights will occur over private, limited, or controlled access areas with the

property owner’s prior consent and knowledge. Operations will be conducted by trained personnel

and all other individuals will either be a part of the operation or consent to be present at the time of

operations.  

Federal Register Summary

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:  

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:  

14 CFR Part 21, Subpart H: 14 CFR 91.9(c), 45.23(b) and 45.27(a): 14 CFR 61.23(a) and (c), 61.113,

61.101(e)(4) and (5), 61.315; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); CFR 91.203(a) & (b); 14 CFR 91.103;

14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405 (a); 407 (a) (1); 409

(a) (2); 417(a) & (b)  

Conclusion

The proposed operations in this Petition for Exemption satisfy the criteria articulated in Section 333

of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects

to those presented in this Petition for Exemption. In consideration of the foregoing, I respectfully

submits that this Petition for Exemption qualifies for expedited approval via the FAA's summary grant

process.

Thank you for the consideration of these exemptions.  Sincerely,

  

Stephen M. Hollingsworth