US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA
Reform Act and Part 11 ofthe Federal Aviation February 17, 2016
Russell J Huston 5301 Ocean Ave#510 Wildwood, NJ 08260 Russ@ComputerSiime.com

U.S DepartmentofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590**~.** J

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Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14CFR 91.103; 14CFR 91.109; 14CFR 91.119(c); 14 CFR 91.121; 14CFR 91.151 (a); 14 CFR 91.203(a) and (b); 14CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuanttothe authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:
Pursuantto Section 333 ofthe FAA Modernization and Reform Actof2012 (the "Reform Act") and 14CFR Part 11 of Unmanned Aircraft Systems(UAS), Russell 

### J Huston herebyapplies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein oras may be established bythe FAA as required by Section 333.

Thank you in advancefor your consideration. i 'lCommercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas: 

### 1. Photography

### I Videography 2. Media production 3. Real Estate 4. Aerial Mapping 5. Research and Development 6. Product Demonstrations 7. Agriculture and Land Surveying

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

....establish requirements forthe safe operation of such aircraft systems in the national airspace system."
The name and address ofthe applicant is



### Russell 

### J Huston 5301 Ocean Ave #510 Wildwood, NJ 08260 Russ@ComputerSiime.com 

### From which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45

.23 (b) 14CFR 61.113 (a) & (b) 14CFR 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) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14CFR 91.409 (a) 14 CFR 91.417 (a)As in Grants of Exemption Nos. 11062toAstraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest.

Russell J Huston Will operate one or more ofthe Following model UAS.
3DR Solo, DJIInspire Safety requirements. The approval ofthis 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 ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY
The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions towhich the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs.
2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.
3. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will notexceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first.5. Flights will be operated atan altitude of no more than 400feet Above Ground Level (AGL) and not more than 200feet above an elevated platform from which filming is planned.


### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, butseparate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS

. 8. A safety briefing will be performed priorto each day'sflights consisting ofall the days' Production activities.
9. All flight activities will be logged.
10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.
11

.The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport.
12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.
14

.The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30feet based upon an equivalent level ofsafety determination, as U.S. Departmentof Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations atcloser range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive upto date information forthe particular UAS to be operated

. 16. The PIC and VO will be ableto communicate byvoice and/or radio at all times.17. The PIC will abide by all rules
18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously.
19. The UAS will have the capabilityto abort a flight in case of emergencies with an automated "Return Home and Land" function.
20. The UAS will have the capabilityto abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, orflight operation thattransgressesthe lateral or vertical boundaries ofthe operational area as defined by the applicable GOA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www
.ntsb.gov

. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U

.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe 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 orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C

.F

.R. Part

### 21,Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the UAS, due to its size, speed ofoperation, location of operation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe 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.

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks include onlythe 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/"'experimentall' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed asthe UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US DepartmentofTransportation February20, 2015 The equivalent level of safetywill 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 ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations 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 attendantto the It is believed thatthe operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate 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 existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safety will be provided. 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) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,approved manual material, markings, and placards, or anycombination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, notonly because there is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate access to it.
14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safetyofflight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraftan exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.
14C.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 unlessthat 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 boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptionsfor flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.

14C.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 lessthan the minimums prescribed, provided the person operating the helicoptercomplies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UASthat is a helicopter and the exemption requests authorityto operate ataltitudes upto400 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 setforth herein, the UAS will neveroperate at higherthan 400AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400feet AGL, the UAS will not be operated morethan 200 feet above the highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will betaken withoutthe permission ofthe property owneror local officials. Because ofthe advance notice to the property ownerand participants in thecertification and registration documents orto displaythem on the UAS. An equivalent level of safety will be achieved by keeping these documents atthe ground control pointwherethe pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that 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

...," and others shall inspector maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuanttothe flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator isthe person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to providethe equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.---------------- ------------ ----------------------,

filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must complywith Section 91.119.
14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"

...tothe elevation ofthe 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 U.S. 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.
14C.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 afterthatfor at least30 minutes; or (2) At night, tofly afterthatfor at least45 minutes." The 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 who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UASto 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 RegistrationThe regulation provides in pertinent part: (a) Exceptas provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551 b limitand is operated without an onboard pilot. As such, there is no ability or place to carryAdditional Information

The applicant Russell 

### J Huston believes this exemption request and associated safety considerations adequatelysatisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS. I alsofeel its in the public's intereston granting the exemption, as we can educate them atthe same time. And all the positive sides of the newtechnology and the levels of safety.

The applicant Russell 

### J Huston requests your respective approval of this Section 333 exemption petition request.

Thank you for your attention in this matter. Please notify Russell 

### J Huston of your actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,

# ~-# / Russell 

### J Huston