US Department ofTransportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
January8, 2016

Shawn Daniel Caple From Startto Film, LLC

·630 MorrisAve. Newfield, NJ 08344 shawn@fromstarttofllm.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

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); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(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 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

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

Dear Siror Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Shawn Daniel Caple hereby applies 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 or as may be established bythe FAA as required bySection 333.

Thank you in advance foryour consideration.Commercial operation ofan UAS, asdescribed herein, which are equipped with camera(s) and sensors, would provide professional services in thefollowing

areas:

1. Real Estate 2. Education and Special Events 3. Videography I Photography 

### 4. Natural Disaster 5. Search and Rescue 6. Crops 7. Weddings 

### 8. Bridge Inspections 9. Tower Surveys

As described fully below, the requested exemption would permit the 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 SecretaryofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is

Shawn Daniel Caple From Startto Film, LLC 630 MorrisAve. Newfield, NJ 08344 shawn@fromstarttofilm.com

From which theexemption is requested: 14CFR Part21 subpart H 14 CFR 45.23 (b) 14 CFR**61~113** (a) & (b) 14CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14CFR 91.103 14CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14CFR91.151 (a) 14CFR 91.203 (a)
, 14 CFR 91.405 (a) 14CFR 91.407 (a)14 CFR 91.409 (a) 14 CFR 91.417 (a)

As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (see**Do~ket** No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213 to 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, ratherthan a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled bythis exemption is in the public interest.

Shawn Daniel Caple Will operate one or more ofthe Following model UAS DJI Phantom 3 Pro
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 to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth 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 beoperated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flighttime for each operational flight will bedepending on the UAS model in operation, butwillnotexceed 30 minutes. Flights will be terminated at**25~o** battery power reserve or30 minutes offlight time whichever occurs first.



### 5. Flights will beoperated at an altitude of no morethan 400feet Above Ground Level (AGL) and not morethan 200feet above an elevated platform from which filming is planned.

6. Minimum crewfor each operation will consistofthe UAS Pilot and at leastone Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UASpilot will be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of20 hours onthe 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 under Visual 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) of a 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 of all 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 ofsafetydetermination, as U.S. DepartmentofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

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

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controlleror loses GPS signal, the UAS will have the capabilityto return to a predetermined location within adesignated location and land autonomously.

19. The UAS will have the capabilityto abort aflight in case of emergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, oremergencies such as low battery.

21. Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within24 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 14 C.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 considerationofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteriademonstratesthatthe UAS operated without an airworthiness certificate inthe 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 without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 551bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin 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 agreater degree of safetyto the public and propertyowners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed bythe UAS, due to its size, speed of operation, location of operation, lackof explosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load.

14 C.F.R. §45.23 {b). Marking ofthe AircraftThe 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 displayon that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches normore than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe 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 displayon 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 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 ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February 20, 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 equivalentlevel of safety as achieved by current Regulations becausethe·applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations set forth inthe 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 acivil 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 safetywill 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 mayoperate a U.S. registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAS, given its size and configuration has no abilityor 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 capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual at the 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 flightto insure the safetyofflight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an 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.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate acivil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fullyfunctioning dual controls. UAS and remotely piloted aircraft, bytheirdesign do not have fullyfunctional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neithera pilot nor passengerswill be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation of civil aircraft. Section 91.119 (d) allows helicoptersto be operated at lessthan the minimums prescribed, provided the·person operating the helicoptercomplies with any route oraltitudes prescribed for helicopters bythe FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto 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 neveroperate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to surveyor photograph astructure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed ofthe UAS as well asthe location where it is operated. No flight will be taken withoutthe permission ofthe propertyowneror localofficials. Because ofthe advance notice to the propertyowner 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 SSibs. Proposed herein and the lack offlammable 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 ofthe UAS will ensure**separ~tion** between these UAS operations and the operations·of·conventional aircraft thaf 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 altimeterthat 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 U.S. exemption may be needed. An equivalent level of safety will be achieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming thealtitude 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The applicant believesthat an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled area where only people and property
owners orofficial 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 of safety can be achieved by limiting flights to 30 minutes or 25o/o of battery power- whichever happensfirst. This restriction would be more thanadequate to return the UAS 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 mayoperate acivil aircraft unless It has within itthe 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 aspecial flight authorization issued under§91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no abilityor place to carry certification and registration documents orto displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documents atthe ground control point wherethe pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14C.F.R. §91.405 (a); 407(a) (1); 409 (a) (2); 417(a) &..(b): Maintenance Inspections. These regulations require that an aircraft operatoror owner

.."shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections,**exeep~** as provided inparagraph (c) qf,this seot.ion, 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 applyonlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill be achieved becausethe 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 canland immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safetywill 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 linkon last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant Shawn Daniel Caple believesthis exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification forthe granting of \ commercial operations ofthe applicant's UAS. Ialso feel its·inthe public's intereston granting the exemption, as we can educate them atthe same time. And all the positive sides ofthe newtechnology and the level of safety.

The applicant Shawn Daniel Caple requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notify Shawn Daniel Caple ofyour actions, and orapprovals. Thankyou, for your interest in this request.