' i US Department of Transportation Exemption Request PursuantJo.Sedtion 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
January

### 21, 2016

William Penn 

### 309W EdwardsSt Payson, IL

### 62360
w**penn@sbcglob~l.net**
U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 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); 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) and (b); 14 CFR 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 authoritycontained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), 

### J. William Penn herebyappliesforan exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as maybe established bythe FAA as required by Section 333.

Thankyou in advance for 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. Roof

### I Home Inspections 

### 2. Commercial Roof Inspections 

### 3. PhotographyI

### Videography 

### 4. Real Estate

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlled conditions in the NAS thatwould 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 fulfillingthe SecretaryofTransportation•s (the FAA Administrator•s) responsibilities to

...... establish requirements for the safe operation of such aircraftsystems in the national airspace system

...
The name and address ofthe applicant is



### William Penn 309W 

### EdwardsSt Payson, IL62360**W--R~Dn®$b~_9_bal.n~j**



### 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 bythe petitioner and carrying no passengers orcrew, ratherthan a manned aircraft of significantly greater proportions, carrying crew in addition toflammable fuel, givesthe FAA good cause tofind thatthe UAS operation enabled bythis exemption is in the public interest.



### William Penn Will operate one or more ofthe Following model UAS.



### DJI Phantom

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 grant ofthe requested exemption is in the public interest. Accordingly, the applicantgraciously 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 agreesto 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 more than 50mph.

3. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).4. Maximum flight time for each operational flight will be depending on the UAS model in operation, butwill not exceed 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 more than 400feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include athird, 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 on the designated UAS.

8. A safety briefing will be performed prior to 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. The flights will occur in Class G airspace no closerthan a mile radius of the geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft priorto each flight. And log each flight.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet of the 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 of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up todate information for the particular UASto be operated.

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

17. The PIC will abide byall 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 "Return Home and land"tunction.

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

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

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirementsforthe 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 from Part21 Subpart H meetsthe requirements ofan 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 requirement for 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 demonstrates thatthe 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 certificate withoutthe 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 civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with localpublic safety requirements. These safety enhancements provide a greater degree of safetyto 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 demonstrates thatthere is no credible threat to national security posed bythe UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable 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 liNn and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also displayon that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words 11limitedf IIrestricted/' 11lightsport/'**~~experimental/'** or 11provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks include onlythe Roman capital letter 11N11 and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also displayon that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 111imited/' nrestrictedf 11light sport/11'experimental/' or 11provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

11Experimental 11 can be placed. Given the size of the UAS, two inch lettering will be impossible. The word 11Experimental 11 will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation 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 of the UAS as 11Experimental. 11 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 because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed thatthe operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issuedfor the aircraft, shouldthis exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraft for maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: Noperson mayoperate a U.S. registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 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 abilityor 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 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 UAS will 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 safety of flight. As FAA approved rotorcraftflight manualswill 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 offlight.

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 unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fullyfunctional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training withoutfully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed of the aircraft.

14C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to 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 UASthat 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 usedtosurveyor photograph a structurewhose heightexceeds 400 feet AGL, the UAS will not be operated more than 200 feet 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 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 flight will be taken withoutthe permission ofthe propertyowner or local officials. Because ofthe advance notice tothe propertyowner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraftweighting far
morethan the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must complywith Section 91.119.

14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by referencetoan attimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure."Asthe UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption maybe needed. An equivalent level of safetywill be achieved bythe operator, pursuant tothe safetycheck list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator beforeflight.

14 C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel toflyto 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 after thatfor at least 45 minutes."The applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled area where 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 safetycan be achieved by limiting flights to 30 minutes or25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UASto 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 mayoperate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance sothat it is legibleto passengers or
crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no abilityor 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, tothe extentthey are applicable tothe 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) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part43 applyonlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenancewill be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediatelyand will be operating from no higherthan 400feet AGL. The operatorwill ensure thatthe UAS is in working order priortoinitiatingnight, 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 airworthycondition 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 linkon last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perfor,m required maintenance needed.Additional Information.

The applicantWilliam Penn believesthis exemption request and associated safetyconsiderations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficientjustification for the granting of commercial operations of the applicant's UAS. I also feel its in the public's interest on grantingthe exemption, as we can educate them atthe same time. And all the positive sides of the new technology and the level of safety.

The applicantWilliam Penn requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryourattention in this matter. Please notifyWilliam Penn ofyour actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,

William Penn