March 3, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

James F. Taylor Petition for Exemption to Operate Small Unmanned Aircraft Systems FAA Regulatory Docket

NAME AND ADDRESS OF PETIONER

Name: James F. Taylor

Address: 148 Stewart Hills Drive, Rogersville, TN 37857 Telephone: 423

- 754

- 9399

Email: jtaylor4190@gmail.com

Dear Sir or Madam:

Pursuant to the Section 333 of the FAA Modernization and R eform Act of 2012 (the "Reform Act"), James F. Taylor, (the "applicant"), operator of an Unmanned Aircraft Systems ("UAS") seeks an exemption from the Federal Aviation Regulations ("FARs") to allow for commercial operation for aerial imaging and video for the purpose of marketing

materials and media.

BACKGROUND

Petitioner is a photo/ video produc er that will produc e still photography and commercial

films for a variety of commercial and nonprofit clients. Petitioner seeks the requested

e xemptions and a Cer tificate of Authorization to permit Petitioner to offer on

- demand commercial UAS operations for a host of industries and applications including:

• Aerial photography and/or video for public and/or private use including real estate,
architecture, land surv eying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television,

video production, public events, landscape cinematography and network news imaging.

• Aerial video and/or photography for public and/or private use including closed

- set motion picture and TV filming

.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natura l disaster only when the local authorities

or government has requested it by contract or donation. 6.

• Training to persons individually or belonging to both private and/or public organizations to increase awareness and improve safety for current and future UAS operations within the National Airspace System (NAS). Real• Wildlife and forestry monitoring

• Educational and research operations Regulations from which the exemption is requested: 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’s I will be using are multi

- rotor craft weighing no more than 55lbs. including payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability to hover and move along a vertical and horizontal plane simultaneously. They will opera te 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 appr oval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the

p ublic 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 requests that 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 less than 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 power reserve 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) and not more than 200 feet above an ele vated 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 James F. Taylor 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 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 equival ent

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

todate inform ation 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 an d/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, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) The small UAS to be operated 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

dem onstrates 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 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 cabin, cockpit or pilot station on

which the word “Experimental” can b e 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 fu selage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification of thesmall UAS as “Experimental.”

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

Our small U AS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation of small UAS is

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation

of the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulati on 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

airw orthiness. 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. The small UAS, given its si ze 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 tak eoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Small UAS and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through th e 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. Th e equivalent level of safety 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. As this exemption is for a small UAS that is a heli copter 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 n ever operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey orphotograph 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 notice . The equivalent level of safety will be achieved given the size, weight, speed of the small UA S as well as the location where it is operated. No flight will be taken without the permission of the property owner or local

officials where applicable . Because of the advance notice to the property owner and participants in the filming activity, all affe cted individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 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. 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

Given the limitations on the small UAS’s 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 C FR §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 will have proper notice , with less than 30 minutes of reserve fuel,

does n ot engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— which ever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The sma ll UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 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

ach ieved 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):

Mainten ance 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, havedis crepancies 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 wi ll not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be

achieved because these small UASs are very limited in size and will carry a small

pa yload 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

eq uivalent 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 FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance needed. Additionally: 1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the airp ort manager has been made. 2) I land my UAS prior to manufacturer recommended minimum level of battery power 3) I pilot my UAS through remote control by line of sight 4) My UAS uses GPS and a flight safety feature whereby it returns to a pre programmed

pos ition and then slowly lands if communication with the remote control pilot is lost 5) I actively analyze flight data and other sources of information to constantly update

and enhance safety protocols 6) I conduct extensive pre

- flight inspections and protoc ol, during which safety carries primary importance 7) I always obtain all necessary permissions prior to operation; and, 8) I have procedures in place to abort flights in the event of safety breaches or potential danger.

Small UAS to be used is as follows: (1) DJI Phantom 3 Advanced 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

• Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

• Horizontal: +/

- 1.5 m • Max Speed 16 m/s (ATTI mode, no wind)

Thank you for your time in reviewing and considering my section 333 exemption.

Sincerely,

James F. Taylor