Oct 31st, 2015

U.S. Department of Transportation

Docket Management System

Room W12

- 140

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Exemption request under Section 333 of the FAA Reform Act.

Dear Sir/Ma’am:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Carter Aerial Media the operator of small Unmanned Aircraft Systems (UAS) seeks an exemption from the Federal Aviation Regulations (FARs) 14 CFR §§ 61.23(a) and (c), 61.101 (e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow Carter Aerial Media to operate a UAS to perform aerial data collection.

You'll find that our request is similar to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213, 11398,13307, and 11277.

The requested exemption would permit Carter Aerial Media to commercially operate UAS for the f ollowing purposes:

 Airborne photography and videography

 Emergency services support and training

 Search and rescue

 UAS operations training

 UAS capability demonstrations

 Agriculture and land surveying

 News gathering and reporting

 Inspections, including b ut not limited to, home and insurance, bridges, cell towers, utilities, construction, oilfield and pipeline.

The primary purpose of Carter Aerial Media will be to assist other industries by providing safe and efficient UAS support. The uses of UAS to perform airborne photography and videography as well as aerial inspections and surveying have two major benefits. First, small UAS are considerably safer than using manned aircraft in the previously mentioned tasks, and also reduces the fall risk o f workers.Second, UAS allows the completion of many tasks at a fraction of the cost using traditional means.

Granting this exemption is in the public interest because it will dramatically enhance safety, lower

- cost, and improve the efficiency of many ind ustries.

Carter Aerial Media will conduct the aforementioned tasks by using the following small sized UAS: DJI Phantom 2 vision+, DJI Phantom 3 professional, DJI Inspire 1, DJI S1000, the ASCTEC Falcon 8 and the 3DR Solo. The listed UAS are v ery small, all weighing less than 25 pounds, and have advanced navigation systems and automated control features that enhance safety. With the exception of the DJI Phantom 3, which is merely an improvement of the Phantom 2 vision+, all of the UAS there wi ll be operated with this exemption have been previously approved in other Section 333 exemption requests.

All of Carter Aerial Media operating procedures will strictly adhere to FAA regulations with safety being the number one priority. All operations will be conducted via unaided visual line of sight below 400 feet AGL and outside of any controlle d airspace unless the controlling agency gives express permission.

Carter Aerial Media respectfully submits a grant of exemption is in the public interest because the use of small UAS in lieu of comparatively more expensive and hazardous fixed and rotary wing aircraft or other conventional manned methods of inspection greatly enhances efficiency and achieves a level of safety that is significantly higher. Furthermore, Carter Aerial Media will assist other industries in the safe application of UA S and promote the benefits of safe UAS operations. Approval of this exemption would enhance safety and fulfill the Secretary of Transportation's responsibility under the section 333(c) of the FAA Modernization and Reform Act of 2012 to “establish requireme nts for the safe operation of such aircraft systems in the national airspace system.”

Name and address of the applicant:

Gregory Carter

Carter Aerial Media

Cell: (307) 683 6192

Email: greg.carter33@outlook.co m
Address: 1535 Hillpond DR Sheridan WY, 82801

JUSTIFICTION UNDER SECTION 333According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333 “Section 333

g rants the Secretary of Transportation the authority to determine if an unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight does not c reate a hazard to users of the national airspace system or the public or pose a threat to national security”. Carter Aerial Media submits that the small size and weight of the purposed UAS coupled with the fact that the operations will be conducted at low altitudes, slow airspeed, and within visual line of sight of the operator; our operations pose no potential hazard to the national airspace system, general public, or present any threat to national security.

Airworthiness of the UAS

The F ederal Aviation Act (49 U.S.C.§44701 (f)) 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 of the partic ular UAS. Carter Aerial Media purposes using DJI Phantom 2 vision+, DJI Phantom 3 professional, DJI Inspire 1, DJI S1000, and the ASCTEC Falcon 8. The proposed systems have the inherent advantage of being small in size and battery

- operated therefore do no t carry flammable fuel, this significantly reduces any potential damage in the event of a mishap. Carter Aerial Media will operate the proposed UAS below 400 feet AGL, at speeds less than that recommended by the manufacturer, and at all times less than 50 knots. Operations will only be conducted in during daylight hours, in uncontrolled airspace, unless specific permission is granted by the controlling agency, and within visual line of sight of the operator.

All of the UAS that will be operat ed with this exemption have been previously approved in other Section 333 exemption requests. The DJI Phantom 2 vision+, DJI Inspire 1, DJI S1000 were approved for use in Exemption No. 11398. The DJI Phantom 3 Professional was approved for use in exemption 13307. The ASCTEC Falcon 8 was approved in Exemption Number 11277. An analysis of these criteria demonstrates that the purposed 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 or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

Operation of the UASCarter Aerial Media will ensure that the exemption does n ot adversely affect safety and will operate at a

level of safety at least equal to existing rules by operating with the following limitations and conditions:

 All operations will strictly adhere to manufactures owners, operators and maintenance manual.

 All operations will occur in class G airspace, unless specifically authorized by the controlling authority

 All operations will be conducted during daylight hours.

 All operations will occur below 400 feet AGL.

 All operations will be conducted and visual meteorological conditions with visibility of at least three nautical miles.

 All operations will be conducted with at least 500 feet below clouds and with a horizontal separation of at least 2000 feet.

 At no time will the operator allow the aircraft within 500 feet of nonparticipating person, structure, or vehicle.

 Preflight operations will be conducted in acc ordance with the manufacturer's recommendation and preflight checklist.

 All maintenance will be conducted in accordance with manufacturers recommendations and documented in the aircraft logbook

PIC Requirements

Carter Aerial Media respectfully submits that the operator requirements should take into account the advanced internal navigation and autopilot systems of the proposed UAS. The DJI and ASCTEC systems both have a high degree of control and are extremely stable even in high wind environments. Both companies incorporate various built

- in capabilities that li mit the potential for operations outside of the aircraft capability.

The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. Carter Aerial Media will only use PIC’s who possess and FAA commercial or private pilot's license and a class III medical. Carter Aerial Media will also ensure that all PICs comply with manufacturer training requirements, and have been deemed safe and proficient by the chief pilot.

The regulations from which the exemption is requested are a s follows:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 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) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) &

(b).

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Subpart H, Airworthiness Certificates, establishes the procedural requirement s 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 Carter Aerial Media, 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 (f)) 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 of the particular UAS. Our small UAS's will be operated at low speed in a controlled environment, away from airports and any densely popu lated area. An analysis of these criteria demonstrates that the UAS's 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 win g or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor passenger, carries no flammable liquid fuels , and operates exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the PIC. If required, the FAA and general public will have advance notice of all operations.

These safety enhancements, which already apply to civil aircraft operated in connection with private property, industrial sites, railroad yards and the like provide a greater degree of safety to the public and property owners than conventional operatio ns conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security and the NAS posed by the UAS, due to its size, speed of

op eration, location of operation, lack flammable liquid fuels, and limited ability to carry an external load.

14 C.F.R. § 45.23(b): Marking of the AircraftThis regulation requires certain experimental, provisionally certificated aircraft, or light

- sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

- sport," "experimental," or "provis ional," near each entrance to a cabin, cockpit, or pilot station.

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 t he 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." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 1070 0, 8738, 10167 and 10167A.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations.

Part 61.113 (a) states that no person who holds a private pilot ce rtificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a private pilot may, f or compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire.

Carter Aerial Media proposes that all operations require the PIC to either hold either a
Comme rcial or Private Pilot Certificate issued by the FAA. Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial UAS pilot's license, using pilots qualif ied under other categories and classes meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilo t to operate the aircraft under§ 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted all owing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the requirements published by the manufacture for maintenance and the use of safety checklis ts prior to 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.

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. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Ac tion

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weat her conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the manufactures preflight checklist. These actions will provide an equivalent level of safety.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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.

By d esign, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control station that communicates with the aircraft via radio communications. The FAA has previously approved exemptio ns for aircraft without fully functional dual controls. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by th e size and speed of the aircraft.

14 CFR § 91.119: Minimum Safe AltitudesSection 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits

aircraft flying over areas other than congested areas to a n altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

The equivalent level of safety w ill 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. Compared to flight operations with aircraft weighting far more than the maximum 55 lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other 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.

14 C.F.R § 91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by refe rence to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed. A n equivalent level of safety will be achieved by the operator 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

This regulati on 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) D uring the day, to fly after that for at least 30 minutes.”

An equivalent level of safety can be achieved by limiting flights to what the manufacturer recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at least 25% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and RegistrationThis regulation requires: “no person may op erate a civil aircraft unless it has [. . .] an appropriate

and current airworthiness certificate”. “(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will ha ve immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a )(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires 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 of this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft fo r return to service.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Carter Aerial Media. An equivalent level of safety, given the small size and unique characteristics of the aircraft, will be maintained by the operator accomplishing and documenting all required maintenance specified by the manufacturer.