Ross L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

February 15, 2015

U. S. Department of Transportation Docket Management System 1200 new Jersey Ave, SE Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from Part 21, Sections 91.7(a) and (b)

, 91.9(b)(2), 91.103(b), 91.119 (c)

, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

Dear Sir or Madam:

I, Ross L. Stephenson, Jr. (hereinafter “th e petitioner”), am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request exempted from the Federal Aviation Regulations (“FARs”) listed below in order to operate a small ultra light we ight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein, the petitioner is a licensed building construction contractor within

the State of Florida under the name of Steph enson Construction Management, LLC ( CC4686601753)

. In addition, the petitioner is a tenured

- track professor of aeronautics at Jacksonville University and an experienced aviator with fixed and rotary wing experience. It is the intent of the petitioner to utilize a DJI INSPIRE 1 quad

- copter for

ae rial v ideography /cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the metro

Jacksonville area, and augment real estate listing v ideos; f ollowing exemption and approval by the FAA. Thereby

, enhancing their academic research experience for the

metro Jacksonville area.

The petitioner has extensive experience in fixed and rotary wing aviation. Initial flight training was completed a t the Naval Aviation Schools Command in Pensacola while serving on active duty with the United States Marine Corps. The petitioner has received formal aviation safety training within the Naval Aviation Schools Command, the Aviation Safety Officer course a t Naval Postgraduate School, and recent attendance of the Unmanned Aerial Vehicles Workshop at Embry

- Riddle Aeronautical University. The petitioner has over 1250 combat operational hours flying B200, B300, and B350 aircraft in the airspace of Iraq and Afghanistan during OPERATION ENDURING FREEDOM during coordinated operations with various UAS models, all operating within close proximity . The petitioner ’s experience and first hand knowled ge of UAS capabilities and limitations should provide an enhanced level of safety awareness during the requested operations.

Granting the petitioner’s r equest comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and aut hority to not only integrate UAS's into theRoss L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of U AS's for real estate purposes. Further , the petitioner

will conduct all operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below , the petitioner respectfully request s the grant of an exemption allowing the petitioner to operate ultra light weight, remote controlled UAS

for academic community awareness to benefit/stimulate attraction to the metro

Jacksonville area and to enhance real estate listing videos for homeowners who cannot

affo rd expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that pos es potential public hazard.

I. Contact Information:

Ross L. Stephenson, Jr. Stephenson Construction Management , LLC

177 Water Oak Drive Ponte Vedra Beach, FL 32082 Mobile: (410) 507

- 7202

Email: rossstephenson@me.com

II. Regulations from which the exemption is requested:

14 CFR 21

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.119(c)

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) (1) & (2)

14 C

. F

. R

. 91. 417(a) & (b)

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.

S ection 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.Ross L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Fli ght Manual, approved manual material, markings, and placards, or any combination thereof.

Section 91.109(a) prescribes, in pertinent part, 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.

Section 91.119 (c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraf t below the following altitude o ver other than congested

areas. An 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.

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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 lea st 30 minutes [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft

unless th e airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owne r shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(1) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an annual inspection inRoss L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance

of a n airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that

—

(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration

and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include

—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving

the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time

basis.

(iv) The current inspection status of the ai rcraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for eac h, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.Ross L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

III. The following information is provided in support of this petition :

The petitioner provide s the following information

– contained in t his petition and supporting documentation including: 1 ) Appendix A

- INSPIRE 1 User Manual (EN) v1.0

, 2 ) Appendix B

- INSPIRE 1 Safety Guidelines v1.0, 3 ) Appendix C

- Intellig ent Flight Battery Safety Guideli nes v1.0, 4 ) Appendix D

- Protocols and Controls, 5) Appendix E

Safety/Flight Manual (all hereinafter referred to as “ operating documents ” ).

The inform ation contained within this petition is contained within four sections: 1) the unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public Interest.

Unmanned Aircraft System

The petition requests operation of a UAS, the DJI INSPRIRE 1 , which is comprised of an unmanned aircraft and a transportable ground station. The INSPRIE 1 is referred to as a quad

- copter with a maximum gross weight of 6.5 pounds. It is equipped with four rotors

that are driven by electric motors powered by batteries. The UA S has a maximum airspeed of 43 knots. The UA S is quipped with a 4K, 12

- megapixel video camera and the petitioner plans to operate the UA S over various areas near Jacksonville, Florida to
enhance academic commu nity awareness and augment real estate listing videos. Petitioner makes the following representations of operational enhancements

, which he proposes to abide by to ensure this exemption will provide a level of safety at least equal to existing rules:

• The petitioner will only operate in reasonably safe environments that are strictly

controlled, are away from power lines, elevated lights, airports and actively populated areas; andRoss L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

• The petitioner will conduct extensive preflight inspections and protocols, during

which safety carries primary importance.

The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

T he petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)( 1 ) and (2), and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, the petitioner

, as a safety precaution

, will perform a preflight inspection of his UAS before each flight as outlined in his operating docu ments.

UAS Pilot in Command (PIC)

The petitioner possesses the following certificates:

AIRLINE TRANSPORT PILOT

AIRPLANE MULTIENGINE LAND

COMMERCIAL PRIVILEGES

AIRPLANE SINGEL ENGINE LAND

ROTORCRAFT

- HELICOPTER

INSTRUMENT

- HELICOPTER

FLIGHT INSTRUCTOR

ROTORC RAFT

- HELICOPTER

INSTRUMENT HELICOPTER

GROUND INSTRUCTOR

ADVANCED

The petitioner completed flight training at the Naval Aviation Schools Command in Pensacola Florida while on active duty with the United States Marine Corps. Additionally, the petitioner is currently a tenured

- track professor of aeronautics at Jacksonville University and maintains current awareness of aviation policy and the aviation industry and provides instruction on private pilot and commercial/multi

- engine pilot ground school courses

. Regarding UAS operational training, numerous practice flights as a hobbyist have been flown to gain familiarity with the characteristics of quad

copters u nder different temperature and weather conditions. The petitioner ’s training and experience have produ ced the airmanship skills necessary to safely operate the UAS

within the NAS for commercial use. The petitioner will maintain a second

- class medical certificate during periods of flight operations.

U AS Operating Parameters

The petitioner will abide by th e following additional operating conditions under this exemption:Ross L. Stephenson, Jr., Ponte Vedra Beach, FL

– Section 333 Exemption Petition

• O perate the UAS below 4 00 feet and within a radius distance of 1000 feet from the

controller to both aid in direct li ne of sight visual observation;

• L and the UAS prior to the manufacturer’s recommended minimum level of battery

power; • O perate the UAS only within visual line of sight (VLOS);

• Utilize the UAS’ global positioning system (GPS) flight safety feature whereby it

hovers and then slowly lands if comm unication with the remote control pilot is lost;

• C onduct all operations under personal and flight safety protocols (including posting

a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in the operating do cuments and will actively analyze flight data and other sources of information to constantly update and enhance operational safety protocols;

• C ontact respective airports if operations will be within 5 miles to advise them of his

estimated flight time, flight duration, elevation of flight and other pertinent information;

• A lways obtain all necessary permissions prior to operation; and

• H ave procedures in place to abort flights in the event of safety breaches or potential

danger.

Section 91.7(a) prohib its the operation of an aircraft without an airworthiness certificate.

S ince there is currently no certificate applicable to his operation, this regulation is inapplicable. However, the petitioner will comply the UA S operating documents prior to every fli ght , ensuring that the aircraft is in an airworthy condition

.

Section 91.9(b)(2) requires an aircraft flight manual in the aircraft

. H owever , since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable

. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

Section 91.119 (c) prescribes safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. The p etitioner

w ill not operate his UAS above the altitude of 4 00 feet above ground level (AGL) and

will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.”

G iven the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of safety will be achieved.

Section 91.121 Altimeter settings is inapplicable since he UAS utilizes electronic GPS

with a barometric sensor. However, these sensors will provide the necessary altitude

information to be communicated to ATC in AGL.

The petitioner requests an exemption from § 91.151(a) Fuel requirements for flight in

VFR conditions . P rior relief has been granted for manned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. I n addition,

similar UAS

- specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The petitioner commits to land the UAS prior to the