November 18th 2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE., Washington, DC 20590 Steven Wallace Media 1537 Kingsbury Rd. Scranton, PA 18509

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 ofthe FAA ReformAct and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "ReformAct") and 14 C.F.R. Part 

### 11, Steven Wallace Media, seeks an exemptionfrom FederalAviation Regulations ("FARs") detailed below for the following described UnmannedAerial System called in this application the ME System, which includes an UnmannedAircraft (UA) and ground station-based equipment and crew: THE UNMANNEDAIRCRAFT (UA):

• A lightweight (20 lb gross weightwith all on-board equipment), manufactured by 

### OJI, Phantom 2 that includesthefollowing equipment in flight; -An on-board flight computerwith GPS navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller;

- An on-board camera capable of capturing imagery in the form offull color, high definition still photos and video;

- An on-board telemetry system thatdelivers flight datafrom the on-board flight computertothe on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site;

- A 2.4GHz on-board radio transmitterthattransmits live video from the on-board camera plus 

### all the flight datafrom the telemetry system described above; 

### THE GROUD STATION -BASED PART OF

### THE SYSTEM: -APilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAwhile in the air;

- A 2.4GHz radio transmitter/controller operated bythe PIC to control the UAwhile in flight;

- A radio receiver receiving livevideo and flight datafrom the on-board camera and computer projects itall together onto a screen forthe PICtoview during flight; - A Visual Observer (VO) is a person who provides a second pair ofeyesto visually trackthe UA while inflight.

### The requested exemption would support an application for acommercial Certificate of Authorization to usethe above described ME System forAerial Photography and Videography never operating over persons not directly involved with the ME system. The UA, powered by batteries, is smaller, lighter and more maneuverablethan larger aircraft running on combustible fuel, it 

### operates at lower altitudes with no people on board and will 

### thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 18 minutes, this is offers little or no riskto national security. Low level oblique photos and video from several angles are far more effective than groundbased imageryfor displaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter afull-sized helicopterfor this purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real property and marine property. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME System will be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 11

### 0perational Requirements for UAS11 

### and with the following Restrictions: a) No flight will be made with a UA Gross weight exceeding 55 

### pounds; b) All operations must occur in FAAClass Gairspace at no more than 400ft

### AGL, at an airspeed of no morethan 50 

### knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate byvoice at all times during aflight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UApilot with a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at airshows; i) The ME System will not be operated over any open-air assembly of people; 

### j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalent to VFR; m) The PIC will briefthe VO and property owner about the operation and risk beforethe first flight at each new location; n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain that the UAis in acondition safe for flight (see AppendixA).The PIC and VO 

### will meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications.Additionally, the PIC and VO 

### will perform maintenance on the system and 

### will complete a course of maintenance instruction as part oftheir initial training. We submitthat the combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAAcan havefull confidence thatthe operation will have an equivalent orgreater level of safetythan manned aircraft performing the same mission. The name and contact information ofthe applicant are: Steven Wallace Media Ph: 570-350-1617 Email: stevenwallace@gmail.com The regulations from which the exemption is requested are listed below. Beside each regulation number isthe page ofthe attached Addendum upon which each may befound togetherwith our proposed equivalent level ofsafetyfor each regulation:

- 14CFR Part 21 .................................Addendum Page 1

- 14CFR 91 .203.................................Addendum Page 1

- 14CFR 45.23, 45.29..........................Addendum Page 2

- 14CFR 91 .9....................................Addendum Page 2 -14 CFR 61.113, 61.133.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121
..............Addendum Page 3

- 14CFR 91.151 .................................Addendum Page 3

- 14CFR Subpart E (91.401
- 91.417)

......Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1 We are prepared to modify oramend any part ofthis request to satisfythe needfor an equivalent level of safety. Please contact us at any time ifyou require additional information or clarification. We lookforward to working with your office. Sincerely,



# ~~w~ Steven Wallace Media, Steven Wallace Addendum containing Exemption Requests and Equivalent Level of SafetyAppendixA- Flight Manual's Appendix B
- Owner's Manual for UAADDENDUM EXEMPTION REQUESTSAND EQUIVALENT LEVEL OF SAFETY Steven Wallace Media requests an exemption from the following regulations as well as any additional regulations that maytechnically applytothe operation ofthe ME System: 14 CFR Part 21, Subpart H:Airworthiness Certificates This part establishesthe procedures for the issuance of an airworthiness certificate. While the FAA continues to workto develop airworthiness standards for UnmannedAerial Systems, we request an experimental certificate be issued for the ME System under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new usesfor aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be usedforcommercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons or property, will not carryfuel, and will onlyfly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UAwill be at least as safe, if notsafer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is notappropriate for this application, then we request an exemption of 14CFR Part 21, Subpart H, and the requirementfor an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph. 14CFR 91.203(a) 

### & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned tothe aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legibleto passengers or crew."At a maximum gross weight of6.5 pounds, the UAis too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meetthe intent of 91.203, we propose that documents deemed appropriate forthis aircraft by the FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we proposethat the informationfound on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL"to satisfy the requirement of 14 CFR 45.23, which follows immediately afterthe proposed placard description below:AppendixA EXPERIMENTAL Manufacturer: OJI Innovations, Inc. 950 E BaselineAve. Ste. 210 Apache JunctionAZ 85119 Models: Phantom 2 14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display 11N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance tothe cabin, cockpit, or pilot station. The UAdoes not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it bythe FAA. We proposeto achieve an equivalent level of safety by including the word

..EXPERIMENTAL" in the placard on thetop ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch

### will be able to see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will providethe aircraft's registration information atthe ground station. Finally, wewill display atthe ground station a high contrast flag or bannerthat containsthe words "UnmannedAircraft Ground Station" in letters3 inches high orgreater. Sincethe aircraft

### will operate within 3/4 NM ofthe ground station, the banner should be visibleto anyone that observes the aircraft and chooses to investigate its point of origin. 14 CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation providesthat no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assumethat the intent ofthis requirement isto ensure that flight manual information is available to the aircrewwhile operating the aircraft. We request an exemption tothis requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be available tothe crew during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved UA Flight Manual (AppendixA) must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight. 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command of an aircraft in connection with any business or employment 

### if: (1) The flight is only incidental tothat business oremployment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Our proposed operations require thatthe PIC must either 

### 1. Hold a Sport Pilot Certificate issued bythe FAA, and have togged 25 hours offlight experience in thistype of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAAprivate pilot ground instruction" and pass "the FAA Private Pilotwritten examination." Since there are currently no means available forthe pilot ofa

### UAS to gain the experience in an equivalent category and class in orderto applyfor a commercial pilot•s license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAAcommercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meetthe intent of 

### 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 

### 14 CFR 

### 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that 11

### No person may operate acivil aircraft that is being used forflight instruction unless that aircraft has fully functioning dual controls." The ME System ground-based control station consists of a small hand-held radio transmitter and while it does not offer a second set of

..controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having
11

### hands-on

.. the controls during flight, we feel thatthis technique meets the intent 

### 91.109 and provides an equivalent level ofsafety. 

### 14CFR 

### 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of

### 400 feet AGL, we cannot comply with this requirement. In orderto provide an equivalent level of safety we will only fly over private property with permission of the owner ofthe propertyflown over. The aircraftwill not be operated over congested areas or over any open air assembly of persons. The property ownerwill be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 

### 14CFR 

### 91.121 Ahimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 1 00 NM of the aircraft. The UAwill always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point istransmitted via radio from the UAon-board computerto the display screen held bythe PIC, providing aconstantly updated AGL readout. 

### 14 CFR 

### 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin aflight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The UA is battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 

### 20°k reserve. Since the aircraft will neverfly more than 314 NM from the point of intended landing, afull battery charge atlaunch will ensure thatwe meetthe reserve energy requirement ofthis paragraph. We request an exemption tothe word '!fuel" and askfor an equivalent interpretation with the word

..energy". 14 CFR Subpart E (91.401
- 91.417)
- Maintenance, Preventive Maintenance, Alterations The regulation provides thatthe operator is primarily responsible for maintainingthe aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." As provided in the Pre-Flight Checklist in AppendixA, the PIC will ensurethatthe aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed 

### by the manufacturerortheir designated repairfacility. The PIC will documentwork performed in accordance with 91.417. Wefeel that duetothe size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAAsecond-class medical certificate issued under part 67 in orderto perform as a pilotorobserver. The UAmaximum grossweight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely eventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslytothe site of launching and land without crew intervention. Therefore, requiring the PIC and VOto meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose thatthe minimum medical requirements forthe PIC and VO bevision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure thatthe PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle.

### APPENDIX A- FLIGHT MANUAL FLIGHT RESTRICTIONS a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 

## 4oo•AGL, at an airspeed of no morethan 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate verbally at all times during aflight operation; d) Operations 

### will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of 1

# oo flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UApilot with a similar UAtype; f) All required permits will be obtained from state and local government prior to operation; g) The ME System 

### will not be operated over densely populated areas; h) The ME System 

### will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; j)The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owner about the operation and risk before the first flight at each new location; n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each operation to ascertain that the UAis in a condition safe for flight. PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted if necessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. OJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and 

### will bring the UAV backto the PIC.