January 13, 2016

Contact informationforany questionsorany other requirements

Barry Byers

396 S. 5thAvenue
Brighton, CO 80601

303 502-6341 angryeyes@email.comUS Department of Transportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation
January 13, 2016
Barry Byers 396 S. 5th Avenue Brighton,Co80601 angryeyes@email.com

U.S Department of Transportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14CFR 91.103; 14CFR91.109; 14CFR91.119(c); 14CFR91.121; 14CFR91.151(a); 14 CFR 91.203(a) and (b); 14CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 1 06(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the

11Reform Acf') and 14CFR Part 11 of Unmanned Aircraft Systems (UAS), Barry Byers herebyapplies for an exemption from the listed Federal Aviation Regulations (11FARS11) to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.

Thankyou in advancefor your consideration.**---------~----------**



### Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate 

### 2. Videography 

### I Photography 

### 3. Search and Rescue 

### 4. Law Enforcement

### I Fire PreventionAgencies 5. Surveying

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to 11

.... 

### establish requirements for the safe operation of such aircraft systems in the national airspace system. 11



### The name and address of the applicant is
Barry Byers 

### 396S. 5thAvenue Brighton,Co

### 80601 angryeyes@email.com



### From whichthe exemption is requested: 14

### CFR Part 21 

### subpart H 14 

### CFR 45.23 

### (b) 14 

### CFR 61.113 

### (a) & 

### (b) 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) 14

### CFR 91.405 

### (a) 14 

### CFR 91.407 

### (a) 14 

### CFR 91.409 

### (a) 14 

### CFR 91.417 

### (a)As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers orcrew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find thatthe UAS operation enabled by this exemption is in the public interest.
Barry ByersWill operate one or more ofthe Following model UAS.



### Yuneec Q500 +,Typhoon Pro
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safetysurrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantof the requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safetyofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly lessthan 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.

3. Flights will be operated within line of sightof the Pilot in Command (PIC) and/or Visual Observer (VO).4. Maximum flighttimefor each operational flight will be depending on the UAS model in operation, butwill notexceed 30 minutes. Flights will be terminated at 

### 25% battery power reserve or 30 minutes of flight time whichever occurs first.



### 5. Flights will be operated at an altitude of no morethan 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of 20 hours onthe designated UAS.

8. A safety briefing will be performed priorto each day•s flights consisting of all the days• Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. Theflights will occur in Class G airspace no closerthan a mile radius ofthe geographiccenter/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft prior to each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that onlyconsenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VOwill have been trained in operation of UAS and receive up todate informationfor the particular UASto be operated.

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

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capabilityto abort aflight in case of emergencies with
an automated 11Return Home and Land 11 function.

20. The UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, oremergencies such as low battery.

21. Any incident, accident, or flight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80)within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part21, Subpart 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 as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption fromPart 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificatewithoutthe restrictions and conditions proposed. The UASto be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civilaircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local publicsafety requirements. These safetyenhancements provide a greaterdegree ofsafety 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 demonstratesthatthere is no credible threatto national security posed bythe UAS, dueto its size, speed of operation, location of operation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of the AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sportcategory aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
neareach entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/ "restricted/ "light sport/ "experimental/ or "provisional/ as applicable.

14C.F.R. §45.23 (b). Marking of the AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sportcategory aircraft or experimental or provisionally certificated aircraft, the operator must also displayon that aircraft
neareach entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/ "restricted/' "light sport/"'experimentalf or "provisional/ as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entranceto the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Departmentof Transportation February20, 2015 The equivalent level of safetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations becausethe applicant's UAS do not carry any pilots or passengers nor property. The risks attendanttothe It is believed thatthe operation and limitations setforth in the FOM will equate tothe safe operation ofthe UAS. ·

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 existfor determining airworthiness.Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level ofsafetywill 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 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only becausethere is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UASwill have immediate access to it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safetyofflight. As FAAapproved rotorcraftflight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft has fullyfunctioning dual controls. UAS and remotely piloted aircraft, by their design do not havefullyfunctional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptionsfor flighttraining withoutfully functional dual controlsfor a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation of civil aircraft. Section 91.119 (d) allows helicoptersto be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes upto 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 setforth herein, the UAS will never operate at higherthan 400 AGLwith the exception that in circumstances where the UAS is used to surveyor photograph a structurewhose heightexceeds 400feet AGL, the UAS will not be operated more than 200 feet above the highest point on thestructure. Itwill however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flightwill be taken withoutthe permission ofthe property owneror local officials. Because ofthe 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 SSibs. Proposed herein and the lack offlammable 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 UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat mustcomplywith Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set 11
•••tothe elevation ofthe departure airport or an appropriate altimeter setting available before departure.nAs the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safetywill be achieved bythe operator, pursuant to the safety check list and liveflight 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 Requirementsfor Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning na 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, tofly afterthatfor at least30 minutes; or (2) At night, to fly afterthatfor at least 45**minutes.~~** The applicant believes that an exemption from 14CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled areawhere only people and property
owners or official representatives who have signed waivers will be allowed does notengenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the 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 regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person mayoperate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UASfully loaded weighs well underthe proposed 551 b limit and is operated without an onboard pilot. As such, there is no ability or placeto carry certification and registration documents orto displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UASwill have immediate accessto them, to the extentthey are applicable to the UAS.

14C.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 havethat aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, havediscrepancies repaired as prescribed in part 43 of this chapter.

..," and others shall inspect or maintainthe aircraft in compliancewith Part43. Given that these sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applytothe applicant. Maintenancewill be accomplished bythe operator pursuantto theflight manual and operating handbook. An equivalent level of safetywill be achieved becausethe UAS is very limited in size and will carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliar 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 safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensurethatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information.

The applicant Barry Byers believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficientjustification forthe granting ofcommercial operations ofthe applicanfs UAS. Ialsofeel its in the public's interest on granting the exemption, as we can educate them atthe same time. And all the positive sides ofthe newtechnology and the level of safety.

The applicant Barry Byers requests your respective approval ofthis Section 333 exemption petition request.

Thankyou for your attention in this matter. Please notify Barry Byersofyour actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,

# (3~ 

# 13t'fi4--'

Barry Byers



### ManualLink:
https://www.yuneec.com/download/manuals/typhoon qSOOplus user manual v2. O.pdf
https://www.yuneec.com/download/manuals/Typhoon%20Q500%204k- %20User%20Manual%20V12302015.pdf