William Adams, Commer ce Twp, MI Section

- 333 Exemption Petition

May 13,2015 

### William B. Adams 1105 Addington Drive Commerce Twp. , MI 48390 William-Adams@comcast.net (248) 330-0836

U. S. Department ofTransportat ion Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Exemption**R~uest** Section 333 of the FAA Reform Act of the 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); 91.7(a); 91.9(b) (2); 9 1 .103(b); 91.109; ll9.121; 91.1SI(a); 91.203(a)&(b); 91.405(a); 91.407(•) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam, William Adams hereby petitiOns the Secretary of Transportation and Federal Aviation Administration for exemption to the above referenced and below more fully described Federal Aviation Regulations ("FARs"), that currently may or may not apply to the recreational/business operations ofmodel aircraft including small unmarmed aerial systems ("UASs). Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. II, Petition that I, William Adams, an owner and operator of small unmarmed aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that 1, William Adams, may operate my small ultra lightweight unmanned aircraft system ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"). As described herein I, William Adams, am a licensed Private Pilot (Certificate #38 1569777) ; Experienced in flying hobby helicopters and fixed wing aircraft for recreational purposes for over 25 years. I have added a hobby grade OJ! Phantom 3 quadcopter UAS to my inventory with intent to conduct aerial photography/Inspection! included but not limited to the following; Business Operations: over land, waterways, and oceans; Operation over /in non-restricted National Parks, National Forests, flight in non-navigable airspace, using nonintrusive recording devices, operation in othenvise unrestricted U.S. Statesfferritories for aerial videography /cinematography for commercial operation and to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of such areas. As described more fully below, the requested exemption would permit the operation of UAS under controlled conditions in airspace that is I) limited; 2) predetennined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos; and 3) controlled as to access. The exemption would also provide safety enhancements to the already safeWilli am Ad ams, Co mmer ce Twp, M l Secti on- 333 Exempti on Pe tition operations within the aerial photography, film and television industry presently using conventional aircraft and small, unmanned and relatively inexpensive VASs. Currently, similar lightweight, remote controlled VAS's are legally operated by urunonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I operate my UAS within all safety protocols and control s 1 to avo id and prevent public hazard, as well as ma•med aircraft hazards/catastrophe

. This will act to further safety protocols exclusive to lightweight VAS's specific to aerial video and photography usage as I record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation. Granting my request comports with the Secretary of Transportation's (FAA Administrator's) r esponsibilities and authority to not only integrate VAS's into the national airspace system, but to "

...establish requirements for the safe operation of such aircraft systems [VAS's] in the national airspace system" under Section 333(c) of the Reform Act specific to the use of VAS's for commercia l purposes. Further I will conduct my operations in compliance with the protocols described herein or as otherwise establ ished by the FAA. For the reasons stated below I respectfully request the grant of an exemption allowing me to opera te ultra lightweight, remote controlled VAS's for academic community awareness, benefit/stimulate tourism within Michigan, general aeria l photography, and to enhance real estate li sting videos for homeowners who cannot afford expensive manned aircraft for the same purpose, all of which will promote local economic growth through increased employment and increased t ax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potentia l publ ic hazard. I. Contact Information: William Adams I I 05 Addington Drive Commerce Twp., Ml48390 Mobile: (248) 330-0836 Email: William-Adams@comcast.net 

### ll. T he S p ecific S e cti on s of Title 14 of the C ode of Fe deral Reg ulation s From Which William Adam s R equ es ts Exemption are: ! 4CFR21; 1 4 C.F.R. 45

.23(b); 1 4 CFR 61.1 J3 (a) & (b): 14 C.F.R. 91.7 (a); 1 4 C

. F

. R. 91.9 (b) (2); 1 4 C.F.R. 91.103: 1 4 C

. F

. R. 91.109: 1 4 C.F.R. 91.119; 1 4 C.F.R. 91.121; 14 C.F.R. 91.151 (a);

1 Safecy Protocols & Controls Phantom 3 Usee Manual in addirion co Minimum VFR regulationsWilliam Adams, Commer ce T wp, Ml Section

- 333 Exemption Peti tion

1 4 C.F.R. 9 1 .203 (a) & (b); 14 C.F.R. 91.405 (a); 1 4 CFR 407 (a)( I); 14 CFR 409 (a) (2); and, 14CFR417(a)&(b). III

. The Extent o f relie f William Adams seeks and the Reason H e Seeks S u ch R elief: I, William Adams, submit this application in accordance with the Reform Act, 112 P.L. 95 

### §§ 33 1334, seeking relief from any currently applicab le FARs operating to prevent me, William Adams, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. My ultra light weight UAS meets the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; \1/hether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of s ight. 112 P.L. 95 

### § 333 (a). Each of these items reflect in favor of an exemption for me, William Adams. My UAS utilizes four (4) counter

-rotating propellers for balance, control and stability. My UAS is equipped with GPS, obstacle avoidance sensors and auto return safety technology

. Weighing less than seven (7) pounds (far below the maximum 55 pound limit); including camera with gimbal. I consider safety as foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a II m/s wind knot (approx 23 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 7 mls (15 mph). Built in safety systems include a GPS mode that allows my UAS to hover in p lace when radio controls are lost. With three modes to choose from, I utilize the 

### Positioning Modi for aerial videography / photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pi lot communication is lost UAS is designed slowly descend to point of takeoff, or near the control transmitter when utilizing Dynamic Mode. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is \vithin fifty to one hundred (50-100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location

. My UAS is capable of vertical and horizontal operations, and are flown only within my line

2 Positing Mode**inclt~Ms** GPS, Vision PO$itioning Sensors. and BarolllC'tcr for position hold. sclf·levcling. ahitude command. GPS. rttum home and dynamic rccum to home: feature. and safety comrol to return home or land in the event ofcommunication interruption bel\\•ee1t RC transminer and UAS
. Set' "Flight Mode" in Phamom 3 User ManualWilliam Adam s, Co mmer ce T wp , M1 Secti on- 3 33 E xemp ti on P etiti on
of sight, as the remote control pi lot. I also use a spotter and clear the airspace we are working in. Utilizing battery power rather than combustible fuel s, flights generally last between eight (8) to twelve (12) m inutes, with an altitude under two hundred fifty (250) feet. I uti li ze a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is eighteen ( 1 8) to twenty-two (22) minutes as tested. I do not operate my UAS at or below manufacture recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potentia l for crash, loss of control or hazard. Reserve batteries are at and with each exercise to insure rep lacement for sufficient safe level ofoperation. I do not believe in taking risk that may cause a crash, that could create hazard to the public/property / manned 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 fami liarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake ofsafety. I am extremely cautious when operating of my UAS/ultra lightweight unmanned aircraft and will not "create a hazard to users of the national airspace sys t em or the pub lic." 1 12 P.L. 95 

### § 333 (b). Given the small size and weight of my UAS it falls well within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the n ational airspace system. My UAS, the DJI Phantom 3, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security. IV. How William Adam s's R e ques t Will Benefit the Public As A Whole : Aerial 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 budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense, depriving non luxury homeowners and lower budget Realtors from a valuable marketing tool. The pub lic's interest is additionally furthered by allowing small businesses in the tourism industry to afford the current ly cost prohibitive aerial photography used by large international corporations. With drone technology small businesses have the opportunity to level the marketing playing field and become more competitive b y utilizing s t ate ofthe art drone cinematography. Additionally, smaller private hotels/resorts are harmed by international resorts and their abil ity to market using such aerial videography drawing business outside the economic benefit of the United States

. Congress has already proclaimed that it is in the public's interest to integrate commercial ly flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my exemption request furthe rs the public interest through academic/visual awareness of the geographical benefits i n and around the State of

### William Adam s, Co mmerce T wp , Ml Secti on - 333 E xemption Petition

Michigan. My ultra light weight UAS is battery powered and creates 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 pub lic. Manned aircraft can pose a threat to the public through potential catastrophic crash that many local communities have experienced in the past with military aircraft and medicaVpo lice helicopter crashes. These have resu lted in a loss oflife and endangered the public with combustible fuel that burned on impact. My UAS poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Additionally, this actually furthers the public's interest by making it safer for business to conduct aerial photography and videography without such risks. The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting me to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact within the Stat e of Michigan for companies looking to relocate or build in Michigan 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. 

### Re ason s " Why Willinm Adams's Exemption Will Not Adver s ely Affect S afety Or 

### How The E xemption Will Pro vi de a 

### Level of S afety At 

### Len st Equal To Existing Rul e : My exemption wi ll not adversely affect safety. Quite t he contrary, for the reasons stated pennitting me to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute t o the innovat ion and implementat ion of new and novel , as of yet undiscovered safety pr otocols for development in cooperation with the FAA

. In addition I submit the following representations of enhancements to current aerial videography and photography:
A. My UAS weighs less than 7 pounds complete with a small ultra light weight high quality camera; B. I only operate my UAS below 300 fee t (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Ac t of2012); C

. My UAS only opera tes for 18- 22 minutes per flight; D. I land my UAS prior to 20% Battery Remaining; E

. I pilot my UAS through remote control only by line ofsight; F. I pilot my UAS only with a visual observer; G. My UAS has Failsafe RTH, a flight safety feature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost for 3 seconds; H. My UAS has GPS and a Vision Pos itioning System utilizing two sonar sensors and one monocula r camera for positioning and to identify the current aircraft's position; I. My UAS has a flight recorder and I actively analyze flight data and other sources ofinformation to constantly update and enhance safety pr otocols;Willi am Ad am s, Commer ce T wp, M1 Sectio n - 3 33 Exempti on Pe ti tio n

J. l only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; 

### K

. I conduct extensive preflight inspections and protocol per the Phantom 

### 3 User Manual; L. I always obtain all necessary permissions prior to operation; M

. I immediately abort flights in the event ofpotentia l danger; 

### N. I only operate my UAS well within "flight environment requirements4 " & visual meteorological conditions (VMC). 

### 0. I will not operate my UAS less than 

### 500 feet below or less than 

### 2,000 fee t horizontally from a cloud or when visibility is less than 3 statute m iles from the PIC. P. Only I, William Adams, a licensed Private Pilot (Certificate # 381569777, act 

## as Pi lot in Command during flights; Q

. I fo ll ow the UAS manufacturer's aircraft/component , maintenance; overhaul, replacement, inspection, and life limit requirements. R. The operating documents/manual will be accessible during UAS operations and made available upon r equest. S

. My UAS has a vision detection system that allows it to land automatically even when GPS signal is lost U. I will be carrying 

### $1,000,000 CSL Property and Liability commercial insurance My safety protocols 5 provide a level of safety equal to or e xceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness, real estate , and marketing purposes. While the safety record of such helicopters is remarkab ly astounding, there have been incidents involving loss of life as well as exten s ive property damage; it is far safer to operate a battery powered ultra light weight UAS.

• First, the potential loss of life is diminished because UAS's carry no people on board and I only operates my UAS in specific areas away from mass populations

. • Second, there is no fuel on board a VAS and thus the potential for fire or explosions is greatly diminished. • Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quic kly and safely

. • Fourth , given its small s ize and weight , even when close enough to capture amazing images, my VAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for fami liarization and competency and will continue to operate at and above cunent safety levels.

VI

. A S ummary The FAA May Publi s h in th e Federal R egis ter: A

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

## ' Ai"'**l:a\~ 1**  Rcqulmocw' · "**t' -IS- "'-nnocn3 Utcr Maftllal S**~lclj** wlt!tlti fbJ!w: Ltrnitttiu. .t f'roctdurd out lllled in UMS M111111.1l A·R liMed lbo-o"t'. 'reUII roet4'01'01opntlC:o.tiiiOm {Or VMC). k .-y t\nlbtllbk fAllsWiiJiam Adam s, Commerce Twp , MI Section

- 333 Exemption P etition

14 C.F. R

. 21, Subpart H , entitle:<! Airworthiness Certificates, sets forth r equirements for procurement of necessary air.vorthiness certificates in relation to FAR 

### § 91.203(a)(l). The size, weight and enclosed operational area of my VAS permits exemption from Part 21 because my VAS meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 V.S.C. 

### § 44701 (t)) and Section 333 of the Refom1 Act. Both pieces of legislation permit the FAA to exempt VAS's from the air.vorthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My current and projected VAS's meet or exceed each ofthe elements

. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapp licable. 1 4 C.F.R. 

### § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the VAS's, this Regulation is inapp licable. An equivalent level of safety will be achieved by maintaining a safety/flight manual de lineating areas of where safety can be defined. I0 The FAA has previously issued exemptions to this regulation in Exemption Nos

. 8607, 8737, 8738,9299, 9299A, 9565,95658, 10167, 10 1 67A, 10602, 10700 and 32827. 14 C.F .R

. 

### § 91.121 regarding altimeter settings is inapplicable in so far as my VAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations . They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, William Adan1s. B

. 14 C.F.R. 

### § 45.23: Marking ofThe A ir craft App licable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My VAS are, by definition, wlffianned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phra ses. Further, two inch lettering is difficult to place on such small aircraft with dinlensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738 , 10167, 10167A and 10700.

C. 14 C.F .R . § 61.113: Private Pilot Privileges and Limitations: PIC.William Adam s, Commerce Twp , MI Section - 333 Exemption Petition

Pursuant to 14 C.F.R. 

### §§ 61.113 (a) & (b) , private pilots are limited to noncommercial operations. I, William Adams, can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. 

### § 61, et seq. Thus, allowing me to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). In addition, Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. D. 14 C

. F.R. 9 1 .119: Minimum Safe Altitudes. 14 C.F.R. 

### § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 300 AGL; safely below the standard of 400 AGL. I will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverabi lity and speed of my UAS , an equivalent or higher level ofsafety will be achieved. E

. 14 C.F.R

. 91.405 (a); 407 (a) (I); 409 (a) (2); 4 1 7(a) & (b): Maintenance Inspections.
The above-cited Regulations require, amongst other things, aircraft owners and operators to ' 'have [the] aircraft inspected as prescribed in subpart E of this part and shall berween required inspections , except as provided in paragraph (c) ofthis section. have discrepancies repaired as preseribed in pan 43 ofthis chapter

...." These Regulati ons 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 after each flight and maintained per the manufacturer's aircraft /component, maintenance, overhaul, replacement, inspection, and life limit requirements. In summary, William Adams seek s an exemption fro m th e f ollowing Regul ations: 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. 

### § 9 1.407 (a)(l); 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 conunercia lly operate my lightweight unmanned aircraft system for aerial photography / Inspection/included but not limited to the following; Business Operations: over land, waterways, and oceans ; operation over / in nonrestricted National Parks, National Forests, flight in notmavigable airspace, using nonintrusive recording devices, operation in otherwise unrestricted U.S. States/Territories for aerial videography /cinematography for commercial operation and to enhanceWilliam Adam s, Commerc e Twp, Mr Section

- 333 Exemption Petition

academic community awareness for those individuals and companies unfamiliar with the geographical layout of such areas. Currently, area awareness and real estate aerial videography /photography relies primarily on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting my request for exemption will reduce current risk levels and thereby enhance safety. My UAS does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional photographic aircraft with much less 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 of a flight operations manual that exceeds currently accepted means and methods for safe flight. Fonnal collection of information shared with the 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 on board my UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. The operation of my UAS, weighing less than 7 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current F ARs. Accordingly I respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing infom1ation to benefit tile FAA, safety of manned aircraft, and the general public at large.

i William Adams