### Gerald R Lee, Basin Airmotive

Section 333 Exemption Petition

U. S. Department ofTransportation DocketManagement System 1200 NewJersey Ave, SE Washington, DC 20590 ,.. -..**~-** -_•; -. -''!:

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RE: Exemption Request Section 333 ofthe FAA ReformAct ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103(b); 14 CFR91.109; 14 CFR91.119, 14 CFR91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14 CFR 91.405(a); 14 CFR 91.407(a) (1); 14 CFR91.409(a) (2); 14 CFR91.417(a)&(b).

Dear SirorMadam,

I, Gerald R. Lee, an FAA licensed pilot, am writing pursuant to the FAA Modernization and Reform Act of2012 andthe procedures contained within 14 C.F.R. 11, to request that I, Gerald R. Lee, an ownerand operator ofsmall unmanned aircraft, 

### be exempted from the Federal Aviation Regulations ("F

### ARs") listed below so that I, Gerald R. Lee, may operate my small ultra light weightunmanned aircraft system ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"). As described hereinI, Gerald R. Lee, am an ownerofa Part 135 Air Carrier, within the State ofAlaska; experienced in flying hobby helicopters and aircraft for recreational purposes. I, Gerald R. Lee, have held an FAA Commercial pilots license, Certificate Number.2265894 with an ASEL, ASES, MEL and InstrumentAirplane rating, since 15 September, 1977. I have owned and flown hobby grade Quadcopter UAS's for several years. I intendto use my DJI Phantom 2 Vision+ Version 3 and the DJI Inspire I Quadcopters for aerial filming utilizing video and still images of: Real Estate Properties for sale, structures for mechanical and structural integrity, filming ofcommercial
structures and activities for advertising purposes, as well as natural scenery, wildlife and layouts for aerial mapping and enjoyment. I, Gerald R. Lee, amcommitted to safety with each flight. My exemption request would permit operation ofultra lightweight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Exempted flights will be performed in areas away from general public, airports, heliports and vehiculartraffic for filming videos and still photography, unlesspermissionhas been sought and granted from Airport authorities orother property owners who have been .advised ofthe risks. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateurhobbyists with no safety plan orcontrols in place

### to prevent an incident. Basin Airmotive will utilize safety protocols and controlsto avoid and prevent public hazards, as well as manned aircraft interactions. This will act to further safety protocols exclusive to lightweight UAS's specific 

### to commercial video and photography, and mapping usage as I, Gerald R. Lee, record flight data and other information gained through permitted flight operations

### to share with the FAA throughany required FAAreports to assist with future protocol and safety regulation. Granting myrequest is in compliance withthe Secretary ofTransportation's (FAA Administrator's) responsibilities and authority to not only integrate UAS's into the national airspace system, butto "

...establishrequirements for the safe operation ofsuch aircraft systems [VAS's] inthe national airspace system" under Section 333(c) ofthe Reform Act specific to the use ofUAS's for real estate/Realtorpurposes. FurtherI, Gerald R. Lee, will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. Forthe reasons stated belowI, Gerald R. Lee, respectfully request the granting ofan exemption allowing me to operate ultra light weight, remote controlled UAS's for commercial purposes which will enhancethe video andphotographic business offerings ofBasinAirmotive. All ofwhichwill promote local economic growththrough increased employment and an increased taxbase. This will all be done withpublic safety in mind.



### I. ContactInformation:

Gerald R. 

### Lee Basin Airmotive P.O.Box 148 Glennallen, AK99588 (907) 227-2883 

### akfxwing@gmail.com

TI. The Specific Sections ofTitle 14 oftheCodeofFederal Regulations From Which Gerald Lee Requests Exemption are:

14 CFR21, 14 CFR45.23 (b), 14 CFR 61.113 (a) and (b), 14 CFR 91.7 (a), 14 CFR91.9 (b) (2), 14 CFR 91.103, 14 CFR91.109, 14 CFR 91.119, 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 CFR91.409 (a) (1) and (2), 14 CFR91.417 (a) and (b).



# m. TheExtent ofreliefGerald R. Lee seeks and the Reason HeSeeks Such Relief: I. Gerald R. Lee, submitthis application in accordance withthe Reform Act, 112 P.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent
me, Gerald R. Lee, from pursuing contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the public's interestto do so. My ultra light weight UAS'smeet the definition of"small unmanned aircraft" as defmed in Section 331 and therefore the integration ofmy ultra lightweightUAS's is expressly contemplatedbythe Reform Act. I would like to operate myultralightweight UAS's prior to the time period by whichthe Reform Act requires the FAAto promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that canbe administered uniformly to related UAS aerial video, photography, and topographical mapping. The Reform Act guides the Secretary in determining the types ofUAS's that may operate safely inour national airspace system. Considerations include: The weight,size, speed and overall capabilities ofthe UAS's; Whetherthe UAS will be operated near airports orheavily populated areas; and, whethertheUAS will be operated by line of sight. 112 P.L. 95 

### § 333 (a). Eachofthese items reflectin favor ofan exemption for me, Gerald R. Lee. My UAS's utilize four (4) counter-rotating propellers for balance, control and stability. My UAS's are equipped with GPS and auto return safety technology. My UAS's weigh less than 4 pounds 

### (Dll Phantom 2 Vision+) and less than 7 pounds 

### (Dll Inspire 1), far belowthe maximum 

### 55 pound limit; including camera with gimbal. I, Gerald R. Lee, consider safety foremost with each flight. My small unmanned aircraft is designed to hover inplace via GPS. Builtin safety systems include a GPS mode that allows my UAS to hover inplace whenradio controls are released. Further, the software within my UAS will not allow itto fly within airspace that is near a major airport and this restricted airspace is constantly being updatedviafirmware from the manufacturer, 

### Dll. To further preventflying inrestricted airspace orcrowded airspace I consult a current sectional before eachflight. Whenpilot communication is lost, this and future UASs are designedto slowly returnto home anddescend to the ground, then automatically shutdown operation. I do notoperate my UAS near airports without permission, and do not operate near areas where general public safety is a concern. I am constantly on alert for any manned aircraft inmy vicinity, and I amprepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location orI suspectmanned aircraft may approach nearmy location. My UAS's are capable ofvertical and horizontal operations, and are flown only within my line ofsight. Utilizingbattery powerratherthan combustible fuels, flights generally last betweenten (10) to twenty (20) minutes, with an altitude underonehundred fifty (400) feet AGL. I utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for eachbattery istwenty two (22) to twenty five (25) minutes astested. I do not operate my UAS at orbelowmanufacture recommend minimum charge levels for operation; preferring to remainwell within a safe operating rangeto insure adequate communicationbetweenradio control and UAS to reduce potential for problems. Reserve batteries are athandwith eachexercise to insure replacement for sufficient safe level ofoperation. I do nottake risks thatmay cause a crash, that could create a hazardto the public, property, ormanned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization withthe characteristics ofthese specific UAS's performance underdifferenttemperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills andresponse time. All ofthese practices are performed to ensure safety. I take extreme caution when operating ofmy UAS/ultra lightweight unmanned aircraft and will not "create a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 

### § 333 

### (b). Given the small size and weight ofmy UAS it falls well within Congress's contemplated safety zone when itpromulgated the ReformAct andthe corresponding directive to integrate UAS's into the national airspace system. Gerald R Lee's UAS's, used inhobby flight, have a demonstrated a perfect safety record and have
notposed any threat to the general public ornational security.



### IV. How Gerald R. Lee's Request WillBenefitthePublicAs A Whole:

### Aerial photography and videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budgetreal estate companies and average homeowners the expense ofsuch aerial videography is costprohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expenses. Depriving nonluxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through catastrophic crashes during flight at low levels and low speeds. Many manned aircraft both fixed wing and helicopters have made emergency and hard landings within our city limits. These craft carry combustible fuel that can start life threateniiig fires. My, Gerald R Lee's, UAS'spose no such threat since size and lack ofcombustible fuel alleviates any potential threat to the public. Additionally, the low operational altitude minimizes the potential for a mid air collision. My ultra light weight UAS's are battery powered and create no emissions that can harm the environment. The consequence ofmy ultra light weight UAS crashing is far less than

a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. Permitting me, Gerald R Lee to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the positive economic impact for the community and for companies looking to relocate or build inthe Anchorage metro area orother areas as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both ofwhich serve as a stimulus to the community.

V. Reasons Why GeraldR Lee's Exemption WillNotAdversely Afl'ect Safety Or How TheExemption Will Provide a Level ofSafety AtLeastEqual To Existing Rules:



### My, Gerald R Lee's, exemption will not adversely affect safety. Quite the contrary, not only for the reasons stated in section III and IV but also by permitting me, Gerald R. 

### Lee, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation ofnew and novel, as of yet undiscovered safety protocols for UAS operators that can be embraced by the FAA. In addition I, Gerald R Lee, submit the following representations ofenhancements to current aerial videography and photography for real estate: My UAS's weigh less than 7 pounds, complete with a small ultra light weight high definition onboard camera on a gyro stabilized gimbal; I only operate my UAS below 400 feet AGL and normally below 100 feet AGL (well withinthe 400 foot AGL permissible ceiling set by the FAA Modernization and Reform Act of2012); My current UAS's operate for less than 25 minutes per flight; I land my UAS'spriorto the manufacturer recommended minimum level ofbattery power; I pilot my UAS'sby line ofsight; My UASs have GPS a flight safety feature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost; I actively analyze flight data and other sources ofinformation to constantly update and enhance safety protocols; I only operate inreasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and densely populated areas; I conductextensive pre-flight inspections and protocol, during which safety carries primary importance. I always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in the event ofsafety breaches orpotential danger. My safety protocols provide a level ofsafety equal to orexceeding existing rules. Itis importantto note that absent the integration ofcommercial UAS into ournational airspace system, helicopters are the primary means ofaerial video and photography. While the safety record ofsuchhelicopters is notable, there have been local incidents involving loss oflife as well as extensive property damage; itis far saferto operate a battery poweredultra light weight UAS. First, thepotential loss oflife is diminished because UAS's carry no people onboard and I only operate my UAS in specific areas away from masspopulations. Second, there is no fuel onboard a UAS and thus the potential for fire orexplosions is greatly diminished. Third, the small size and extreme maneuverability ofmy UAS allow me to remotely pilot away from and avoidhazards quickly and safely. Accordingly, my UAS has been experimentally operated for familiarization/competency andwill continue to operate ator above current safety levels.

VI. A Summary The FAA May Publish 

### in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, SubpartH, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, weight andenclosed operational

area ofmy UAS'spermits exemption from Part 21 because my UAS'smeet (and exceed) an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under boththe Act (49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Bothpieces oflegislationpermit the FAAto exempt UAS's from the airworthiness certificate requirementin consideration ofthe weight, size, speed, maneuverability andproximity to areas such as airports and dense populations. My current and projected UAS's meet or exceed eachofthe elements.

14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable 

### inthe 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 onboard pilots orpassengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a safety /flightmanual delineating areas ofwhere safety can be defmed. The FAAhas previously issued exemptions to this regulation in many previous exemptions including, but not limited to ExemptionNos. 8607, 8737, 8738, 9299,9565, 10167, 10602, 10700 and 32827.

### 14 C.P.R. § 91.121 regarding altimeter settings is inapplicable in so far as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.P.R.§ 91.203 (a) and (b) 

### provides for the carrying ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level ofsafety will be achieved by maintaining any such required certifications and registrations by me, Gerald RLee.

B. 14 C.P.R.§ 45.23: Marking ofThe Aircraft

Applicable Codes ofFederal Regulation require aircraftto be marked according to certain specifications. My**UAS~s** 

### are, by definition, unmanned. They therefore do not have a cabin, cockpit orpilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700, among others.

C. 14 C.P.R.§ 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.P.R. §§ 61.113 (a) & 

### (b), 

### private pilots are limited to non-commercial operations. I, Gerald R Lee, can achieve an equivalent level ofsafety as achieved by current Regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation ofmy UAS is far less than 

### the risk levels inherent inthe commercial activities outlined in 14 C.P.R.§ 61, et seq. Thus, allowing me to operate my UAS meet and exceed current safety levels in relation to 14 C.P.R. §61.113 (a) & 

### (b). 

### In addition, Grant ofExemption No. 11062 to Astraeus Aerial (Astraeus), the FAA detennined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations inthe NAS orpresent a hazard to 

### persons orproperty onthe ground.

D. 14 C.P.R. 91.119: Minimum Safe Altitudes.

14 C.P.R. § 

### 91.119 prescribes safe altitudes for the operation ofcivil aircraft. It 

### allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 AGL. I will however operate my UAS in safe areas away from public and traffic, providing a level ofsafety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmy UAS, an equivalent orhigher level ofsafety will be achieved.

E. 14 C.P.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

### (b): MaintenanceInspections.

The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] 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 part 43 ofthis chapter

.... "

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my UAS. However, as a safety precaution I inspect my UAS before and aftereach flight and maintained perthe manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements.



### In summary, Gerald R Lee seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 

### §§ 61.113 (a) & (b); 14 C:F.R. 

### § 91.7 (a); 14 C.F.R. 

### § 91.9 (b)(2); 14 C.F.R. 

### § 91.103(b); 14 C.F.R. 

### § 91.109; 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) and (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. 

### § 91.409 (a) (2); and, 14 C.F.R. 

### §§ 91.417 (a) & (b) to commercially operate my lightweightunmanned aircraft system for aerial photography/Inspection/included butnot limited to the following; Business Operations: over land, water-ways, and oceans; operation over/innon-restrictedNational Parks, National Forests, flight in non-navigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted U.S. Statesfferritories for aerial videography/cinematography for commercial operation andto enhance academic community awareness for those individuals and companies unfamiliar withthe geographical layout ofsuch areas. Currently, area awareness and real estate aerial videography/photography relies primarily onthe use oflarger aircraft running on combustible fuel, posing potential risk to the public. Granting my request for exemption will reduce currentrisk levels and thereby enhance safety. My UAS does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional photographic aircraft with muchless flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I have been analyzing flight information and will compile safety protocols and the implementation ofa flight operations manual that exceeds currently accepted means and methods for safe flight. Formal collection ofinformation shared withthe FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of2012. There are no personnel onboard my 

### VAS's and therefore the likelihood ofdeath or seriousbodily injury is significantly diminished. The operation ofmy UAS's, weighing less than 7 pounds andtravelling atlower speeds within limited areas, will provide an equivalent level ofsafety asthat achievedunder
current FARs. Accordingly I respectfully request that the FAA grantmy exemption request and am willing to cooperate in sharing information to benefitthe FAA, safety of manned aircraft, and the general public at large.

### Respectfully Submitt/J r



### ~



# ~c;{;L/------

oeraldRLee 

### Basin Ainnotive 

### P.O.Box 148 Glennallen, AK 99588 (907) 227-2883 

### akfxwing@gmail.com