Shawn A. Reynolds

5160 CR 277

Kaufman, TX 75142

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of

the 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 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) and (b); 14

CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 9l.409 (a)(I) and (2); 14 CFR 91.417(a)

and (b)

Dear Sir or Madam:

I recently started a business to provide aerial photography and video as a service to

private entities, local businesses, tourism organizations and local government bodies.

However, current regulations prohibit the use ofUAS aircraft for commercial use. As a

result, I've had to turn down every opportunity to conduct operations pursuant to further

my business and leaving me indefmitely grounded. Permitting the use UASs for

commercial purposes would allow me to conduct my business, add a service to my

community and local businesses, as well as allow me, financially, to donate my services

to local law enforcement for their efforts, as needed. I've been involved in model

aviation for several years. I've also been involved in conventional airplane flight since

1989. I've progressed to professional flight, earning an Airline Transport Pilot Certificate

for Multi-Engine Land, a Commercial Pilot Certificate for Single Engine Land,

Instrument Airplane. I believe I have an extensive understanding of the operation of

conventional aircraft, classes and special use airspace, as well as an extensive

understanding of the FAA's stance on safety being the number one priority for every

flight. I will apply that same safety culture to the use ofUASs.

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the

"Reform Act") and 14 CFR Part 11, Shawn A. Reynolds, operator of an Unmanned

Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation

Regulations (FARs) to allow commercial operation of its UAS, so long as such operations

are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with

camerae s) and sensors, would operate in the following manner:
• Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television,

public events, cinematography and news gathering.

• Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

• Aerial inspection/photography ofresidentiallcommercial utility infrastructure including

but not limited to electrical power lines, wind turbines and cell towers.

• Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation .

• The ability to offer training to persons individually or belonging to both private and/or

public organizations that have interests in the use and application of a UAS for the

purpose of the safe operation ofa UAS to enhance the safety of the National Airspace

System (NAS) as well as for the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS

under controlled conditions in the NAS that would be a) limited b) controlled c)

predetermined and d) will provide safety enhancements to the already safe operations in

the industry presently using conventional aircraft. Approval of this exemption would

thereby enhance safety and fulfill the Secretary of Transportation's (the FAA

Administrator's) responsibilities to " .... establish requirements for the safe operation of

such aircraft systems in the national airspace system."

The name and address of the applicant is:

Shawn A. Reynolds

Address: 5160 CR 277, Kaufman, TX 75142

Email: sreyn1994@yahoo.com

Ph: 972-977-0615

Regulations from which the 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

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14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Shawn A. Reynolds will operate the Yuneec Electric Aviation Model Typhoon Q500 4K

UAS, with a total weight of 1700g or 4.75 lbs. The dimensions are 420mm x 420mm x

240mm or 16.54 inches x 16.54 inches x 9.45 inches. Under still air the maximum speed

is no more than 22 mph with a cruising speed of22 mph. The Yuneec Typhoon Q500 4K

has the ability to hover and move along a vertical and horizontal plane simultaneously.

The Yuneec Typhoon Q500 4K has four motors, motor model YUNM4234 KV700,

powered by a 5400 mAh 3s 11.1v Lithium Polymer battery. There are four counter

rotating propellers, propeller models YUNQ500115A and YUNQ50011B, in use. The

Yuneec Typhoon Q500 4K will be controlled with a Yuneec model STlO+, 10 channel

remote controller with an operating frequency of 2.400GHz - 2.483GHz. The live video

feed will have an operating frequency of 5.728GHz - 5.850GHz. The applicant will

operate the UAS in line of sight within a closed off and predetermined area owned

and/operated by the property representative.

Given the small size of the UAS and the controlled environment provided the proposed

operations will adhere to the Reform Act's safety requirements. The approval of this

application presents no national security issues. Regarding the level of safety surrounding

the proposed operations and the public benefit, reduction in environmental impacts,

including but not limited to reduced emissions and noise, the grant of the requested

exemption is in the public interest. Accordingly the applicant requests that the FAA grant

the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed below are for an equivalent or higher level of safety

because of these limitations of our operations, will further enhance the safety of the

persons and/or property and those flying conventional manned aircraft.

These limitations and conditions to which the applicant agrees to adhere to when

conducting commercial operations under the FAA issued exemption include:

• The VAS will weigh less than 55 lbs.

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• The UAS will have a maximum operating speed of no more than 50 mph.

• A Visual Observer (VO) may be utilized when the Pilot in Command (PIC) deems

necessary to assist with the safe operation of the flight.

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or

Visual Observer (VO).

• Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 30 minutes of flight time, or 25% battery power reserve, whichever occurs

first.

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level

(AGL) and not more than 200 feet above an elevated platform from which filming is

planned.

• Minimum crew for each operation will consist of the UAS Pilot, and may include a

Visual Observer (VO).

• The UAS pilot will be a designated Pilot in Command (PIC) and at least hold a

satisfactory Sport Pilot's written exam along with a meeting and complying with the

medical requirements for a Sport Pilot's Certificate. If the PIC feels another operator to

be qualified with the necessary skills to be PIC & possess the satisfactory Sport Pilot

written exam, able to meet and comply with medical requirements of the Sport Pilot

Certificate, that person may be designated PIC.

• A briefing will be performed regarding the planned UAS operations prior to each day's

flight consisting of all the days' production activities.

• All flights will occur under Day Visual Meteorological Conditions (DVMC) only.

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport

Reference Point (ARP) of a tower controlled or uncontrolled airport.

• If operations will be within a 5 mile radius of the geographic center/Airport Reference

Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be

contacted advising them of the estimated flight time, flight duration, elevation of flight

and other pertinent information. If requested by the airport manager or ATC facility, a

Flight Service Station will be contacted for appropriate filing of a Notice to Airmen

(NOTAM) of authorized UAS activities, location in relation to the closest published VHF

Omnidirectional Range (VOR), radial, distance, and altitude block of the UAS activity.

• The operator will attempt to obtain verbal/written consent of all persons involved with

the planned operation and ensure that only consenting persons will be allowed within 50

feet of the flight operation, and the radius may be reduced to 20 teet based upon an

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equivalent level of safety determination, with the exception of one person standing next

to the PIC for observation of photo Ivideo performance, so long as the flight is not

conducted over the PIC. With the advanced permission of the FSDO, operations at closer

range of additional persons may be approved.

• The PIC and VO will have been trained in operation of VAS and receive up-to-date

information for the particular UAS to be operated.

• The PIC and VO will be able to communicate by verbally at all times.

• Written and/or verbal permission and permits will be obtained from territorial, state,

county or city jurisdictions, including law enforcement, fire or other appropriate

governmental agencies.

• If the UAS loses communications with the remote controller, the UAS will have the

capability to return to a pre-determined location within a designated location and land

autonomously.

• The UAS will have the capability to abort a flight in case ofunpredicted obstacles,

weather, or emergencies.

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 requirements

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given

the size and limited operating area associated with the aircraft to be utilized by the

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent

level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation

Act (49 U.S.C.§44701 (1)) and Section 333 of the Reform Act both authorize the FAA to

exempt aircraft from the requirement for an airworthiness certificate, upon consideration

of the size, weight, speed, operational capability, and proximity to airports and populated

areas ofthe particular VAS. In all cases, an analysis ofthese criteria demonstrates that the

UAS operated without an airworthiness certificate, in the restricted environment and

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft

(fixed wing or rotorcraft) operating with an airworthiness certificate without the

restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot

nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured and designated area. Unlike other civil aircraft, operations

under this exemption will be tightly controlled and monitored by both the operator and

under the requirements and in compliance with local public safety requirements. These

safety enhancements provide a greater degree of safety to 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 that

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there is no credible threat to national security posed by the UAS, due to its size, speed of

operation, location of operation, lack of explosive materials or flammable liquid fuels,

and inability to carry a substantial extemalload.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light-sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on 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 "limited," "restricted," "light-sport," "experimental," or

"provisional," 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

"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be

impossible. The word "Experimental" will be placed on the fuselage in compliance with

§45.29 (f).

The equivalent level of safety will 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 "Experimental."

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in

Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may

act as a pilot in command of an aircraft that is carrying passengers or property for

compensation or hire. The operator 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 attendant to the operation ofUAS is far less than the risk levels

inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will

have a Private Pilot Written Exam completed satisfactorily along with a current Third

Class or higher Medical exceeding the current safety levels in relation to 14 CFR 61.113

(a) & (b).

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft for maintenance and use of safety check lists

prior to each flight an equivalent level of safety will be provided.

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14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2)

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this

chapter, unless there 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 ability or 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 capacity to carry such an item on the aircraft. The equivalent level of

safety will be maintained by keeping the flight manual at the ground control point where

the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be

provided for the aircraft an exemption will be needed. The PIC will take all actions

including but not limited to reviewing weather, flight battery requirements, landing and

takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate 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 fully

functional dual controls. Flight control is accomplished through the use of a control box

that communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and

by the size and speed of the aircraft.

14 C.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 less than 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 UAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 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 set forth herein, the UAS will never operate at higher than

400 AGL with the exception that in circumatanccs where the UAS is used to survey or

photograph a structure whose height exceeds 400 feet AGL, the VAS 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

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to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS

as well as the location where it is operated. No flight will be taken without the permission

of the property owner or local officials. Because of the advance notice to the property

owner and participants in the filming activity, all affected individuals will be aware of the

planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighting far more than the maximum 551bs. proposed herein and the lack of flammable

fuel, any risk associated with these operations is far less than those presently presented

with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude

operations of the UAS will ensure separation between these UAS operations and the

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set " ...to the elevation of the departure airport or an

appropriate altimeter setting available before departure." As the UAS may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the safety

check list and live flight data monitoring, confirming the altitude of the launch site shown

on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for 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 to fly to the first point of intended landing, and, assuming normal cruising

speed - (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes."

The battery powering the UAS provides approximately 25 minutes of powered flight. To

meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be

limited to approximately 10 minutes in length. Given the limitations on the UAS's

proposed flight area and the location of its proposed operations within a predetermined

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of

prior exemptions. Operating the UAS, in a tightly controlled area where only people and

property owners or official representatives will be allowed, with less than 30 minutes of

reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to

alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to

10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to

30 minutes or 25% of battery power- whichever happens first. This restriction would be

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more than adequate to return the VAS to 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 may operate a civil aircraft unless it has

within it the following:

(1) An appropriate and current airworthiness certificate ....

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) ofthis section or a special flight authorization issued under §9l.7l5 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The VAS fully loaded weighs no more than 55 lbs. and is operated without an onboard

pilot. As such, there is no ability or place to carry certification and registration documents

or to display them on the VAS.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the VAS will have immediate access to them, to the

extent they are applicable to the VAS.

14 C.F.R. §91.40S (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance

Inspections.

These regulations require that an aircraft operator or owner "shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 ofthis chapter ...," and others shall inspect or maintain the aircraft in

compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the applicant. Maintenance will be

accomplished by the operator pursuant to the flight manual and operating handbook. An

equivalent level of safety will be achieved because the VAS is very limited in size and

will carry a small payload and operate only in restricted areas for a limited period of time.

Ifmechanical issues arise the VAS can land immediately and will be operating from no

higher than 400 feet AGL. The operator will ensure that the VAS is in working order

prior to initiating flight, perform required maintenance, and keep a log of any

maintenance performed. Moreover, the operator is the person most familiar with the

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety.

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An equivalent level of safety will be achieved because maintenance and inspections will

be performed in accordance with the UAS Manufacturer's User Manual. The operator will

ensure that the UAS is in working order prior to initiating flight and perform required

maintenance needed.

Additional Information

The applicant, Shawn A. Reynolds, has several years experience building and piloting

remote controlled aircraft. Also the primary pilot, Shawn, has an in-depth understanding

of the capabilities and safety concerns involved in using this technology as an asset to the

community. In addition, Shawn A. Reynolds holds an Airline Transport Pilot Certificate

for Multi-Engine Land Airplanes and Commercial Pilot Certificate for Single Engine

Land, Instrument Airplane, as well as holds a first class medical. Satisfaction of criteria

provided in Section 333 of the Reform Act of20l2 provide more than adequate

justification for the grant of the requested exemptions allowing the commercial operation

of the applicant's UAS.

Sincerely,

Shawn A. Reynolds

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