2015

-07

-02

Exemption Request for FAR 333

Mike Nilsson 360 2807 131 st St SE Everett, WA 98208 (425) 622

-8230 mike.jo.nilsson@gmail.com Our company 360 is seeking exemptions from the Following FAR Parts in title 14 code of regulations. Purpose: To use a remote controlled helicopter that weigh 3. 9 lb (1. 8 kg) to conduct aerial photos and aerial videography to enhance real estate listings. Following are the parts that 360 are seeking exemption s for with abbreviation of rules and alternate proposals for stated exemption.
1. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates & Manuals. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area C9 Capture’s UAS permits exempti on from Part 21 because 3DR Solo meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense popu lations. 14 C.F.R. 91.7(a) 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. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 4 C.F.R. § 91.121 regarding altimeter settings is inapplicable as the 3DR Solo utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. 2. 14 C.F.R. § 45.23: Marking of t he Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Our 3DR Solo are by definition, unmanned. They do not have a cabin, cockpit or pilot station on which to mark certain wordsor phrases. Further, two

- inch lettering is difficult to place on such small aircraft with

dimensions smaller that minimal lettering requirement. Reg ardless, 360 will mark its UAS’ s in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f)

. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 1016 7A and 10700.
3. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC Mike Nilsson will be the operator of the UAS as he has a Commercial Pilots license (Cert no 2434246)

. 4. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. 360’s 3DR Solo will never operate at an altitude greater than 200 AGL; safely below the standa rd of 400 AGL. I, Mike Nilsson will however operate our UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and spe ed of the 3DR Solo, an equivalent or higher level of safety will be achieved.
6. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to 360’ s UAS. H owever, as a safety precaution 360 operator Mike Nilsson will inspect the U AS before and after each flight.
S ummary; the FAA may p ublish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificate s, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of 360 permit exemption from Part 21 because 360 meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populatio ns. 360 operation and UAS meets or exceeds each of the elements. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equival ent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and cu rative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.