1

June 3, 2015

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

Re: Exemption Request under Section 333 of the FAA Reform Act and Pa rt 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), William English, an aircraft accident investigator, (the “Applicant”), planned operator of small Unmanned Aircraft Systems (“ s UAS”) hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow c ommercial operation of sUAS to gather aerial imagery and perform research and development of techniques and methods for the use of sUAS to support multi

- modal transportation accident investigati ons

. The requested exemption would allow the Applicant to safely, efficiently, and economically use commercial s UAS in the National Airspace System (NAS), so long as such operations are conducted within and under the conditions outlined herein or as may b e established by the FAA as required by Section 333.

Public Interest Justification :

As detailed in this document and appendices , the proposed operations would permit the use of small and relatively inexpensive sUAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access, and; (4) would provide an increased level of safety beyond that existing when manned aircraft are used to accomplish the same purpose.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of such

a ircraft s ystems in the national airspace system.”

As described more fully below, the requested exemption would authorize the Applicant to perform commercial operations with s UAS that will provide the following benefits:

Perform aerial imaging to r esearch and develop best practices and techniques to aid government entities and transportation industry stakeholders in the use of sUAS to better document and control transportation mishap sites. Dissemination of, and training on such research can reduce cost and increase efficiency and effectivity of mishap investigations, benefitting taxpayers and industry both economically and with increased safety.

Data gathered via these operations will enable t he use of s UAS to s upport transportation mishap2

site documentation, and will decrease congestion in the NAS along with reducing the noise and air pollution generated during traditional manned aircraft flight operations.

Manned aircraft image gathering creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing 15 pounds or less and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel ca rried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

Use of sUAS reduce s safety concerns when gathering data from inaccessible or unstable/unsafe

areas. Operat ion of s UAS will substantially reduce the risk to life and property in the air, and on the ground, which is commonly associated with traditional manned aircraft flight operations or use of elevated work platforms (aka bucket lift, cherry

- picker)

.

Similar t o the current manned aircraft flight operations that have been conducted for many decades, s UAS used for similar tasks will not generate any new privacy issues.

The A pplicant is experienced and qualified in transportation accident investigation as a curren t employee of the National Transportation Safety Board, however the Applicant is pursuing this request as a private citizen sole proprietor , not as a government agency or representative thereof, and will not operate under the provisions of Public Aircraft as described in 49 USC § 40125.

The name and address of the applicant are:

William English 3853 Inverness Rd Fairfax VA 22033 703

- 447

- 5598 bill_english@verizon.net

Unmanned System Characteristics

The Applicant proposes to use a 3D R obotics Quad 2013

, and a DJI Phantom 2 Vision, both small quad

- rotor aircraft. Maximum gross takeoff weight of th ese aircraft do es not exceed 1 5 pounds. Normal maximum operating speed of both aircraft does not exceed 20 knots. The aircraft are powered by four (4) electric motors, supplied by a 3

- cell Lithium

- Polymer battery providing maximum 12.6 volts with capacity not to exceed 7000 maH. The 3DRobotics aircraft carries an additional 3

- cell, Lithium

- Polymer battery, not to exceed 1000 maH to suppl y power for the payload g imbal and video transmitter. Both aircraft are equipped with telemetry allowing the pilot to monitor critical flight data in real time. Further details are described in the applicable regulation exemption requested and attached operating and maintenance procedures.

The sUAS will operate only in the pilot’s visual line of sight at all times. Such operations will3

insure that the sUAS will “not create a hazard to users of the national airspace system or the public ” per PL 112

- 95 Section 333(b).

Given the small size and low speed of the sUAS involved and the restricted environment within which they will operate, the application falls within the equivalent level of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the small size of the s UAS and the low altitudes in which the s UAS will operate, approval of the application presents no national security issue.

Pilot in Command (PIC) and support personnel

A pplicant is the only PIC sought under this request. A pplicant holds an FAA commercial pilot certificate, airplane single and multi

- engine land, with instrument rating. Applicant holds an FAA Certified Flight Instructor certificate (expired)

, s ingle and m ulti e ngine, and i nstrument ratings. A pplicant has also recorded over 60 hours of flight time with the listed small quadcopte r aircraft. Applicant has received training on sUAS operations from Unmanned Vehicle University. Applicant holds a current FAA second class medical certificate. Additionally, the applicant is employed as an air safety investigator with over 15 years exp erience, and was formerly employed as an Air Traffic Controller by the FAA.

The A pplicant’s certifications and experience clearly mitigate many safety risks associated with the exemption, and will be referenced in the applicable regulations listed below.

During the proposed operations, additional personnel may be used as Visual Observers and/or Payload Operators depending on the mission. All personnel used in these roles will have at least one of the below qualifications:

1. FAA or military pilot certificat e 2. FAA or military ATC qualification 3. Air Safety Investigator qualification

The Visual Observer(s) will be responsible for monitoring the operating area for non

participating persons or vehicles, scanning for animal hazards, and scanning for air traffic. Th e VO(s) will also monitor mission participants to avoid hazards.

The Payload Operator (PO) will monitor the camera video feed via a dedicated display, and will have controls allowing manipulation of the camera gimbal. Additionally, the PO control includes an emergency “Return to Launch” switch, in the event the PO observes a hazard or non

participant via the video feed.

Operation al Procedures and Limitations

The s UAS planned to be operated are multi

- rotor air craft each weighing less than 15 lbs., including payload. They would operate, under normal conditions, at a speed of no more than 2 04

knots. The principal construction material s of the s UAS aircraft are plastic and aluminum. Operations will be performed by the Applicant , as outlined below, to insure that the s UAS will "not create a hazard to users of the national airspace system or the public."

The operation of s UAS by a knowledgeable professional will serve to enhance safety, add to the public benefit, and reduce envir onmental impacts related to current methods of manned aircraft flight operations. The Applicant will be bound by these limitations and conditions when conducting commercial operations under an FAA issued exemption:

Safety will be the first and foremost co nsideration in any s UAS operation. The applicant will be responsible for safe operation of the flight , and will be responsible for supervision of any support or participating personnel

. The operation is intended to conform to the provisions of the FAA “ blanket COA” unless otherwise specifically approved by the FAA. Flights will be operated within visual line of sight of the pilot, and never at a distance greater than 6 00 feet. Operations will be conducted during daylight hours, under visual meteorologi cal conditions (VMC) only.

Maximum al titude will not exceed 200 feet and m aximum operating speed will not exceed 20 knots.

Flight o perations will maintain the following distances from airports:

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

 2 NM from an airport without a published instrument flight procedure or an operational tower; or

 2 NM from a heliport with a published in strument flight procedure

Operations will not be conducted in restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Opera tions will not be conducted in areas in which the FAA does not recommend UAS operations

, such as FDC NOTAM 4/3621 restricting flight in the vicinity of major sporting events, or FDC NOTAM 4/0811 avoiding flight near power plants and other critical infrastructure.

Flights will be operated in Class G airspace whenever possible. If operation in other airspace is required, the relevant controlling agency will be notified and any necessary permission obtained.

Operations will give right of way to all manned aircraft and will land as soon as safely possible if manned aircraft come within proximity of the operating area. Operations wi ll avoid areas where manned aircraft can be expected to be descending through 5 00ft

.

Aircraft wi ll maintain a minimum horizontal separation of no less than one (1) mile from all5

other manned or unmanned airborne aircraf t unless that other aircraft is maintaining level flight or climbing at an altitude above 15 00ft AGL.

Minimum crew for each operation will consist of the s UAS PIC. A Visual Observer and a Payload Operator will be utilized as appropriate for the mission. The VO and PIC will at all times be able to communicate by voice or walkie

- talkie

. The VO and PO will be briefed on how to initiate an emergency return

- to

- launch.

Prior to a n s UAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area where the s UAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation. A buffer zone of 200 feet will be establish outside the opera ting area to remain clear of non

participating persons. The s UAS shall operate from a takeoff /landing site within the operating area, in close but safe proximity to the PIC or VO.

Flight planning will include establishing an appropriate geo

- fence in the sUAS software to limit the lateral and vertical flight ; ensure that the most current maps of the operating area are loaded into the GCS computer or tablet, the battery monitor is configured correctly for the size of flight battery used, and the length of mission timed for completion with at least 20% battery power remaining. Both sUAS initiate an automatic return

- to

- launch on loss of signal from the controller, enabling simple and rapid safety mitigation.

The s UAS are equipped with :

1. APM 2.6 autopilot syste m with version 3.1.5 firmware. 2. DJI NAZA autopilot with version 2.04 firmware (includes geo

- fence)

These systems are similar or equivalent to other approved systems including those in Exemptions
11138

, 11206 , and 11617

. Each s U AS will utilize GPS navigation, battery failsafes, return

- to

launch (RT L

), and lost

- link safety features, among other built

- in safety features. The GCS or tablet display will be connected, by radio communication, to the s UAS during the entire flight, whic h will give the PIC flight information such as GPS p osition, a ltitude, b attery r emaining, and other telemetry information.

A briefing will be conducted in regard to the planned s UAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing.

All required permissions and permits will be obtained from appropriate state, county or city jurisdictions, including local law enforcement, fire, o r other appropriate governmental agencies. Written, to include electronic, and/or oral permission from the relevant property owners will be obtained prior to an operation.

These operating procedures, keeping the sUAS operation well clear of any non

- partic ipating6

persons or property, well clear of airports and other aircraft, and minimizing the risk to participants on the ground, provides an equivalent level of safety to manned aircraft.

Privacy Policy

All flights will occur over private or controlled acces s property with the property owner’s prior consent and knowledge. Any individuals whose images are taken will have expressed consent to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

EXEMPTION REQUESTS A ND EQUIVALENT LEVEL OF SAFETY

William English, an accident investigator, hereby provides pursuant to 14 CFR Part 11 a n exemption application to allow commercial operation of s UAS to gather aerial imagery and perform research and development of techniques and methods for the use of sUAS to support multi

- modal transportation accident investigations. All of which are critical to the well

- being of the general public.

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 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. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a)

This section discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.

The FAA has granted si milar relief under Exemptions 2689F, 5745 , 8 607, 8737

, 8738, 9299, 9299A, 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 10167, 10167A, 10602, 10673

, 10700, 10808

, 11206, 11213, 11138

, 11456, 11617, and 32827.

14 CFR Part 21, Subpart H , and 14 CFR § 91.203(a)(1) : Airworthiness Certificates

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthi ness certificates as required by FAR § 91.203(a)(1). Given the small size of the aircraft and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to ac hieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt ai rcraft from the requirement for an airworthiness certificate,7

upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the s UAS involved.

In this case, an analysis of these criteria demonstrate s that the s UAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The

s UAS weighs typically le ss than 1 5 lbs., and always less than 55 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within a controlled access area , monitored by the operator, pursuant to the conditions set forth above, and by local public safety requirements. T he s UAS provides at least an equivalent, and most likely exceeds, the level of safety to that of such operations being conducted with conventional aircraft that would be orders

- of

- magnitude larger

, would be carrying passengers, cargo, and flammable fuel , and would make additional transit flights to and from the operating area

. 14 CFR § 91.203 (b) states that “ 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 sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the aircraft

. As the Ground Control Station is part of the unmanned aircraft system, a n equivalent level of safety will be achieved by keeping these documents

, to the extent they are applicable to the sUAS

, at the ground control station, or electronic copies on the GCS computer, where the pilot flying the s UAS will have immediate access to them.

14 CFR. § 45.23 & 91.9(c): Marking of the Aircraf t

14 CF R § 45.23 (a) provides that e ach operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. 14 CF R § 91 .9(c) provides that n o person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

The s UAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the s UAS, two

- inch lettering will be impossible. Official marking systems for s UAS have not yet been established for operations inside the NAS. The applicant is prepared to mark the s UAS with the registration number if app l icable, name of the applicant and contact information, and fulfill any other request by the FAA relevant to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the s UAS will see the identification.8

14 CFR § 91.9(b)(2) : Flight Manual

This regulation pro vides that n o person may operate a U.S.-registered civil aircraft f or 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 A irplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry these materials on the aircraft

.
As the Ground Control Station (GCS) is part of the unmanned aircraft system, a n equivalent level of safety will be achieved by keeping these documents

, to the extent they are applicable to the sUAS

, at the GCS , or electronic copies on the GCS computer, where the pilot flying the

s UAS will h ave immediate access to them.

14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of s UAS w ithout an airworthiness certificate, no standard will exist for airworthiness of the s UAS. Given the size of the s UAS and the previous exemption s issued for similar s UAS, an equivalent level of safety will be achieved by ensuring compliance with the sUAS o perating procedures, manuals, and safety checklists prior to each flight.

14 CFR § 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 air craft flight manuals do not exist for the aircraft an exemption will be needed . An equivalent level of safety will be provided by following a comprehensive preflight checklist. The commercially rated PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff area suitability, weight and balance, and all other actions specified in the operating instructions before initiation of flight.

14 CFR § 91.119: Mini mum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Because aerial photography and inspection work must be accomplished at relatively low altitudes and at altitudes l ess than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the s UAS are built. Also, no flight will be taken without the permission of the lan d owner9

or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 5 00 feet AGL. Indeed, the low

- altitude operatio ns of the s UAS will maintain separation between these s UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

The sUAS will never operate at altitude higher than 2 00 feet AGL and all operations will occur during da ylight hours under Visual Meteorological Conditions (VMC) only.

The slow speed and low altitude of the sUAS limit the radius of impact of the vehicle in the case of an inflight failure. Using the maximum altitude of 200 feet, and maximum speed of 20 knot s, a maximum ballistically calculated distance from the flight area is 115 feet. Adding a buffer zone for wind effects indicates that a safe buffer zone of 200 feet surrounding the operating area provides an equivalent level of safety. Flight operations will be conducted at le ast 2 00 feet from all n on

- participating persons, vessels, vehicles and structures, unless:

1. Barriers or structures are present that sufficiently protect non

- participating persons from debris in the event of an accident. The PIC wi ll ensure that non

- participating persons remain under such protection. If a situation arises where non

- participating persons leave such protection and are within 2 00 feet of the sUAS, flight operations will cease immediately

. and/or;

2. The aircraft is op erated near vessels, vehicles or structures where the owner/controller has granted permission and the PIC has made a safety assessment of the risk of operati ng closer to those objects.

The sUAS will remain within visual line of sight of the PIC and VO. Fli ght operations will be conducted in accordance with the FAA “blanket COA” ( at least 5 nautical miles (NM) from an airport having an operational control tower; 3 NM from an airport with a published instrument flight procedure, but not an operational tower; 2 NM from an airport without a published instrument flight procedure or an operational tower; or 2 NM from a heliport with a published instrument flight procedure. ) Flights will not operate over congested areas or other areas as specified by the FAA.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric

pressure. The sUAS propo sed under this application use both barometric pressure sensor s and, when available, GPS altitude. When the s UAS is armed for takeoff, the altitude is “zeroed”
relative to the elevation at the point of take

- off , a known point close to the PIC. The sUAS u sed for this application are equipped with GCS software which indicate s the mean sea level elevation10

of the takeoff point, and surrounding terrain

. The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of the launch site , and evaluating the surrounding terrain and obstacles during pre

- flight planning

. The altitude of the s UAS will also be displayed via telemetry on the GCS and will be monitored by the PIC during the entire flight operation. Additionally, geo

- fencing features in the GCS software prevent the sUAS from climbing higher than a specified altitude above the takeoff point. The evaluation of the elevation of the takeoff point and surrounding terrain, line

- of

- sight nature of the operations, and monitor ing and geo

- fencing in the flight controller and GCS provide an equivalent level of safety.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation outlines fuel requirements for beginning a flight in VFR conditions including a

r eserve of 30 minutes during the day and 45 minutes at night

. The battery powered sUAS used in this application are l imited to operations in controlled environments do not have flight endurance to meet this regulation.

The applicant believes that an exemp tion from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. Operating the s UAS without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the s UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety.

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of reserve battery capacity , which would be more than adequate to return the s UAS to its planned landing zone from anywhere in its operating area. Both of the sUAS proposed in this application are equipped with battery voltage monitoring and current totalizers which constantly display a remaining voltage and percentage to the pilot. Further, automatic fail

- safe features are activated at 20% of battery capacity to initiate a return

- to

- launch, or land, maneuver as appropriate.

P lanned flights will be limited to approximately 10

- 12 minutes depending on weather conditions and maneuvers, and to ensure that the sUAS lands at the ground station with at least 20% of battery power remaining (as determined by the onboard monitoring system and the PIC), whichever happens first. In the unlikely event that the s UAS battery reaches a critical level prior to the launch point , it would simply land. Given its weight and construction material, and the slow speed of the landing maneuver, the risks are less than contemplated by the current regulation.

14 CFR § 91.405(a); 407(a)(1); 409(a)( 2); 417(a): Maintenance Inspections

Section 91.405(a) requires 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 thi s section, have discrepancies repaired as prescribed in part 43 of this chapter11

...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to this application . Maintenance will be accomplished by the applicant pursuant to the operating manuals and reference material

. An equ ivalent level of safety will be achieved because these sUAS 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 sUAS can land immediately within the pre

- d etermined operating area, and will be operating from no higher than 2 00 feet AGL. T he operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Typical fail ures of small multi

- rotor aircraft are related to battery conditioning. The applicant will maintain a log of battery charging cycle to detect diminishing battery health. Additionally, the sUAS used in this application are equipped with numerous built

- in health tests for the flight controller, gyros, compass, GPS, radio links, and other critical components. Applicant’s familiarity with the aircraft, and experience in flight safety, demonstrates the equivalent level of safety and ability to maintain the ai rcraft in an airworthy condition.

Conclusion
It is the applicant's belief that the size, weight, speed, operating environment, and operating procedures provide an equivalent level of safety or better when operating a s UAS for the public interest as outlined in Section 333 of the Reform Act. It is requested that the FAA issue an exemption to permit safe, legal, commercial s UAS operation by the applicant.

Respectfully submitted,

William English 3853 Inverness Rd. Fairfax, VA 22033 bill_english@verizon.net

Appendices: 3DRobotics checklists and documentation DJI Phantom 2 Vision operating manual FAA pilot certificate Future aircraft acquisitions