Dear Sir or Madam,

The purpose of this letter is to request an exemption to the various regulations which cannot rbe

complied with during the operation of UAS equipment in the NAS, and to describe the manner

and operational limitations which will meet or exceed the safety standards that are produced by

the regulations. This petition is filed on behalf of Thurman S Dunn II, an ATP certificated pilot

with 5,700-hours of total time, and type ratings in the EMB-145, EMB-120, and BE-1900. Mr.

Dunn has extensive experience in the operation of UAS vehicles, including computer based

UAS simulator experience involving abnormal/emergency operations related to UAS or Flight

Controller malfunctions. Furthermore, Mr. Dunn has over a decade of experience in the

airline/aircrew environment, which should facilitate the development of professional training

standards and crew coordination for which safety of flight requires.

The purpose of these exemptions will be to facilitate aerial photography and videography. It is

the desire of Mr. Dunn to apply for the blanket COA that allows operations for flights: at or below

200' AGL; less than 55 lbs gross takeoff weight; during day VFR conditions; within visual line of

sight; and at least:

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 instrument flight procedure.

OPERATIONAL LIMITATIONS AND EXEMPTIONS

The following describes the equipment to be used in operations, and the limitations which will

provide an equivalent level of safety as that provided by current regulatory standards.

A) UAS type and accessory equipment

The UAS system to be utilized will be a DJI Phantom 2 Vision+. This particular platform has

already received numerous exemptions based upon its small size, stable handling

characteristics, limited kinetic energy potential, and the fact that it does not carry flammable

liquids for propulsion. In addition to the UAS, the payload will consist of a small HD camera, a

stabilizing Gimbal, and telemetry/video streaming hardware. The UAS utilizes an FCC

compliant 2.4 GHz controller for flight control, while the video link hardware utilizes an FCC

approved 5.8 GHz transmitter.

B) PIC and VO

PIC duties may be performed by any individual whom holds either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also

meet the flight review requirements specified in the applicable regulations.

The PIC will be responsible for assuring that the visual observer (VO) is properly briefed and

capable to perform their functions at all times during the flight. The VO will comply with all

medical/vision requirements as specified by a current FAA airman medical certificate or a valid
U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a

possession, or the Federal government.

C) Training and logbook hours for qualification

Initial training and logbook hours required for operation under this exemption will be waived for

ATP pilot Thurman S. Dunn II, due to his overall experience in flight operations and extended

history of remote piloting of small helicopter UAS and simulator training in such UAS vehicles

(including the DJI Phantom 2). Mr. Dunn reserves the right to develop training standards

consistent with traditional flight training programs (while modified in order to address the unique

challenges of unmanned flight) in order to qualify properly certificated pilots to perform PIC

duties under this exemption. Mr. Dunn will develop and maintain a training syllabus (including

required hours) for the purpose of pilot UAS training, and will make those documents available

for FAA or DOT inspection.

D) UAS limitations on operation

The UAS will be operated in compliance with the visibility and cloud clearance requirements

applicable to VFR flight in the particular airspace in which the operation will take place, except

that under no circumstances will the UA be operated at less than 500 feet below or less than

2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

The airspeed limitation of the UAS will be a maximum of 87-knots (100-mph) groundspeed. A

minimum battery reserve of 5-minutes is required for flight planning or to continue flight once

initiated, and any aural or visual low battery warning issued by the UAS controller will result in

the termination of the mission and an immediate, safe landing.

Any malfunctions or abnormal operation of the UAS system or controller will result in the

termination of the flight and prohibit future operation until the causes of the malfunction or

abnormal operation can be ascertained and corrected. Under all circumstances, logbook

entries will be entered and maintained for the specific UAS in relationship to abnormal

operations, malfunctions, or preventative maintenance, and those logbooks will be made

available to FAA and DOT representatives.

E) Preflight safety risk assessment

As a part of the continuing development of safe operating practices, Thurman Dunn will develop

a preflight safety risk assessment checklist that will include all manufacturer recommendations

in full, and that will remain flexible to add additional items as operational experience dictates. 

Included in this will be the requirement to establish controllable boundaries which will allow flight

to remain clear of non-participating individuals and property by a reasonably safe distance, and

the establishment of safe landing sites in the event of an abnormality, or loss of remote control

communication with the UAS.

CFR EXEMPTIONS:

Exemptions to regulations pertaining to airworthiness certification and aircraft noise standards

are applied for under established Section 333 provisions.

14 CFR Part 61.23 (a) and (c). This part sets forth the requirements for medical certification

which is addressed in Operations Limitations and Exemptions (Section B) above. The

exemption is required due to the lack of specific guidance in the FAR for UAS operators, while
Section B of the petitioners accompanying Operations Limitations provides for an equivalent

medical standard to this part.

14 CFR Part 61.101 (e)(4) and (e)(5); Part 61.113 (a). These parts set forth the limitations with

regards to flight for compensation or hire or in furtherance of a business. The petitioner

requests relief from this part due to the fact that the UAS poses an extremely limited hazard to

persons or property. The equivalent margin of safety is provided by the Operational Limitations

and Exemptions above, in combination with the small mass of the aerial platform.

14 CFR Part 61.315(a). This part limits the aircraft that a sport pilot may operate. We request

an exemption in order to allow a sport pilot to operate a UAS in conjunction with the established

section 333 exemptions.

14 CFR 91.7(a) Under FAR 91.7, no person may operate an aircraft unless it is in an airworthy

condition. As "airworthy" may be defined as the requirement to obtain an airworthiness

certificate, the petitioner would request an exemption from this FAR due to the inability of the

current airworthiness process to provide a realistic path for airworthiness certification of small

UAS aircraft. The limitations on UAS operation described herein, combined with the inherent

increase in safety that is produced by replacing large aircraft operations with a small UAS, will

produce an equivalent degree of safety. 

14 CFR 91.119. FAR 91.119 sets forth the minimum safe altitudes over various areas. The

petitioner requests an exemption from this part in order to accomplish the intended function of

the mission for which he seeks an exemption. Given the extraordinarily small mass of the

proposed vehicle, an equivalent level of safety can be obtained with much smaller clearances.

14 CFR 91.121. FAR 91.121 mandates various altimeter settings in order to maintain level flight.

Petitioner requests and exemption from this FAR as the Subject UAV will not have the

traditional altimeter required by this part. Operations with the Subject UAV will, however,

maintain an altitude at or below 200' AGL.

14 CFR 91.151 (a)(1) Petitioner requests an exemption from the fuel carrying requirements due

to the rapid ability of UAS to land under normal operation. Equivalent safety margins are

obtained by adherence to the greater of manufacturers reserve electrical load, or 5-minutes of

battery power remaining.

91.405 (a) Petitioner requests relief in conjunction with the airworthiness certificate release

specified in section 333.

91.407(a)(1) Petitioner requests relief from this part due to the simplified maintenance functions

that are required for a small UAS. Equivalent safety margins will be met by adhering to common

practices and manufacturer recommendations with regards to maintenance functions. 

91.409(a)(1) and (2) Petitioner requests relief from this part due to the lack of guidance

regarding proper annual inspection for a UAS, and on the same basis as the requested

exemption to 91.407(a)(1).

91.417 (a) and (b) The requirement to maintain records kept under sections 91.417(a) and (b)

relate to the exemptions requested for 91.407(a)(1) and 91.409(a)(1) and (2). The equivalent

safety margins have been specified in the exemption request for those parts.
VALUE ADDED BY APPLICANT

In addition to the procedures and limitations that the petitioner agrees to abide by (which will

result in an equivalent level of safety to the NAS), the extensive experience in professional flying

with which the applicant possesses will allow the petitioner to contribute meaningfully to

regulatory and training standards that can be implemented going forward in order to ensure safe

operations of sUAS vehicles.

Mr. Dunn looks forward to a continuing dialog and constructive interaction with regulators in the

future, for the purpose of assisting in the development of appropriate, professional standards to

assist future generations in the proper operation of said aerial platforms in the airspace system. 

Please feel free to contact us with regards to any questions or comments that you may have

with regard to this application.

Thurman S. Dunn, Unmanned Air Services

tdunns@hotmail.com

310-847-9844