## Roger D. Duffell, PhD 1416 Arblay Place ● Loganville, Georgia 30052-4140

Phone: 770.560.1826 ● Fax: 770.454.0038

Page 1 of 5 Friday, July 17, 2015

RE: Docket ID: FAA-2015-1067

Brenda Robeson, Program Analyst, Airmen and Airspace Rules Division,

I, Roger Duffell, am submitting this in response your letter dated July 6 th , 2015, Request for Additional

Information.

Pursuant to Section 333 of the FAA Modernization and Refo rm Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, I, Roger Duffell, operating a Unmanned Aircraft Sy stem (UAS) equipped to conduct aerial photography and survey for various industries, hereby applies for an exemption from the Fede ral Aviation Regulations (FARs) listed below to allow operation of my registered UAS commerc ially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conduc ted with and under the cond itions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit I, Roger Duffell, to pursue commercial interests in providing services to consumers interested in aerial data capture us ing a small advanced UAS in the following areas:

• Agricultural Surveying • Analyze Topography Realities • UAS Operator Training • Real Estate Photography

• Product Demonstrations • Research and Development

UASs are proving to be a viable and feasible method to obt ain information of agricultural cropland in determining optimum inputs that result in cost savings to farmers, yield security, and reduce environmental impact of excess

fertilizers and chemicals in the soil. The real-time t opographical understanding of er osion can also provide land

owners with valuable information on a more frequent basis due to the reduced cost, thus reducing or preventing a need for damage control.

UASs can provide higher quality imagery in a timelier manne r, and at lower costs than current means, thus allowing consumers relief more quickly from disasters. R oof and tower inspections of commercial structures can be

done without the risk to human s associated with the associated climbing an d subsequent liability. Industries across a broad spectrum welcome the ability to now be proactive w ith preventative inspections more cost effectively.

I, Roger Duffell, stipulate that all commercial interests UAS flights that will occur over private or controlled access property will do so with the property owner's prior co nsent and knowledge and th at only people who have consented or otherwise have agreed to be in the area where photography and videography will take place will be captured. Additionally, I, Roger Duffell, hold a FAA Pr ivate Pilot License with Class III Medical Certificate and that any spotters that are not licensed airmen will be trained to understand the proper roles of a spotter, communication procedures, proper visual scan techniques, operations at non-towered airports, and appropriate

sections of the Aeronautical Information Manual.Roger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140

Phone: 770.560.1826 ● Fax: 770.454.0038 Section 333 Petition for Exemption Page 2 of 5 I am petitioning for exemption to enable myself to operate a DJI Phantom 2 Vision Plus multi-rotor equipped with a three-axis gimbaled camera. This UAS weighs less than 3 lb s., has a built- in capability to limit the height it flies above the ground, to limit the radius of the distance it f lies from the operator and to exclude it from Class A, B, C and D airspace including a no fly zone feature. System also has the failsafe function of the autopilot system, which

means when the communication between the Main Cont roller and the transmitter is lost; the system will automatically trigger Return to Home and will land safely.

The above specifications meet standards listed be low, some derived in accordance with the Model Aircraft Operating Standards:

• The petitioner will only operate its UAS in line of sight of a pilot and/or spotter and will operate at sites that are a 'sufficient distance' from popu lated areas within the ster ile area described in the operator’s manual. Such operations will insure that the UAS will "not create a hazard to users of the national airspace system or the public." • When flying UAS within 3 miles of an airport, air port operators will be notified and the operator will give the right of way to avoid flying in the proximity of full-scale aircraft. • Maximum flight time for each operational flight will be 25 minutes. • Flights will be terminated at 25% battery power reser ve should that occur prior to the 25 minute limit. • The UAV will be programmed so that it will not be oper ated at an altitude of no more than 400 feet AGL. • Minimum crew for each commercial interests operatio n will consist of the UAS FAA Licensed Pilot and the Spotter. • The UAS PIC's (Pilot in Command) will be an FAA li censed airman holding a FAA Private Pilot and Third

Class FAA Medical Certificate. • The UAS operated by the petitioner weighs less than 55 pounds, including the payl oad (i.e. camera, lens, and gimbal). • The UAS will operate at speeds of no more than 55 knots.

Given the small size of the UAS and the restricted sterile environment within which it will operate, I feel my UAS operations would adhere to the Re form Act's safety requirements.

Additionally, the fact that I, Roger Duffell, holds FAA P ilot certificate, demonstrates that I have a high regard to safe operations with an understanding of FARs, pre-flight inspections, mainte nance and repair, operations within airspace, as well as being trained to high safety standards.

Under the requested exemption Roger Duffell ensures that all spotters will have completed a small unmanned aircraft systems (UAS) education and training program including all applicable regulations and guidance documents; including aeronautical background informa tion such as charts, NOTAMs and Radio Communications Procedures; Human Factors and Crew Resource Manageme nt; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating Procedures.Roger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140

Phone: 770.560.1826 ● Fax: 770.454.0038 Section 333 Petition for Exemption Page 3 of 5 I, Roger Duffell, request an exemption from the following re gulations as well as any additional regulations that may technically apply to the operation of the UAS N539YQ and any subsequent backup registered UAS of same model. Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R . 91.119

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. 91.205 (b)

14 C.F.R. 91.215 14 C.F.R. (91.401 - 91.417)

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 standard s for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 2 Vision Plus V3, N539YQ, 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 d esign concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting fli ght 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 expe rimental 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 my commercial purpose as well. The ai rcraft will not carry persons or property, will not carry fuel, and will only fly under stri ct operational requirements. Combined with the UAS light weight, being constructed primarily of carbon fiber and/ or plastic, I 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 requestan exemption of 14 CFR Part 21, Subpart H, and the requirement for airworthiness certificate in general, citing the equivalent level of safet y outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 14 CFR 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 th e word "EXPERIMENTAL" in letters at least 2 inches high

near the entrance to the cabin , cockpit, or pilot station. The UAS does not have an entrance in which the word "EXPERIMENTAL" can be placed. We can propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft , as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch w ill be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph w ill provide the aircraft's registration information at the ground station. Finally, we can display at the ground stati on a high contrast flag or banner that contains the words "Unmanned Aircraft System Ground Stati on" in letters 3 inches high or greater. Since the aircraft will operateRoger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140

Phone: 770.560.1826 ● Fax: 770.454.0038 Section 333 Petition for Exemption Page 4 of 5 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 61.113 Private pilot privileges and limitations: P ilot in Command and 61.133 Commercial pilot privileges

and limitations. The regulation provides that no person that holds a Priv ate Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a pr ivate pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The fli ght is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. My proposed operations require

that the PIC must hold at least a Private Pilot Certificat e issued by the FAA and since the aircraft cannot carry passengers or property, I feel this will meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form cont emplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manua l, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a cu rrent, approved flight manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved UAS Flight

Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction. Simulated instrument flight and certain flight tests the re gulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that ai rcraft has fully functioning dual controls." The UAS groundbased control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor could operate th e single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight , I feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the ai rcraft cannot be operated closer than 500 feet to any vessel, vehicle, or structure. Since the typical mission of the UAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or pe rsons where permission has been obtained and careful pre-planning practice has been performed. The aircraft will be operated at a lo w altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and stru ctures is minimal compared to manned aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruisi ng altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The UAS will always fly be low 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircra ft. An Above Ground Level altim eter measurement above the takeoff point is transmitted via radio from the UAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person ma y 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. I feel theRoger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140

Phone: 770.560.1826 ● Fax: 770.454.0038 Section 333 Petition for Exemption Page 5 of 5 intention of this paragraph is to provide an energy reser ve as a safety buffer for delays to landing. The UAS is battery operated and the maximum duration of flight fr om a single battery charge is 1-30 minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requi rement of this paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". I also request exemption from the 30 min reserve and ask that my reserve will be to fly the mission to the point of intende d landing and have at least a 20% battery reserve after that.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Add itionally, subparagraph (b) pr ovides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The UAS is too small to carry documentation, does not have an entrance, and is not capable of carry ing passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be co- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, I propose th at the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information N539YQ plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily res ponsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Para graphs 91.407 and 91.409 requ ire that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is my 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 airworth y condition prior to every flight and in addition, conduct detailed inspections after every two hours of flight. Main tenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. I feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

I respectfully request a Certificate of Authorization under Section 333 to enable me, Roger Duffell, to operate safe, low-risk commercial UAV operations for the activities stated . I at all times will continue to respect the space and privacy of citizens and property whilst keeping our skies safe.



### Respectfully Submitted,

Roger Duffell