US Department ofTransportation Exemption Request Pursuanttq_**SeCtior'1·~33** of. the FAA

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...... Reform Act and Part 11 of the Federal Aviation

October 13, 2015
Terry Lasater 1316 Melinda Lane Edmond, OK 73012 405-659-6957 tlasater@cox.net

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590 ·.:.: (Ic:

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 CFR 91.9(b)(2); 14 CFR 91.103; 14CFR91.109; 14CFR91.119(c); 14CFR91.121; 14CFR91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.40S(a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act")

And 14 CFR Part 11 of UnmannedAircraft Systems (UAS), Terry Lasater 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 by the FAA as required by Section 333.

### Thankyou in advance foryour consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate

·2. Architecture 

### 3. Land Surveying 

### 4. Engineering 

### 5. Public Events 

### 6. TV 7. News Gathering 8. Commercial Structures 9. Search and Rescue 10.Utility Infrastructures 11.Aerial Photography I

### Videography 12. Crops

As described fully below, the requested exemption would permitthe operation of designated UAS asset forth in this document under controlled conditions in the NASthat would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UASoperations and enhance safetyto aid in fulfilling the Secretary of Transportation'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 of the applicant is
Terry Lasater 1316 Melinda Lane Edmond, OK73012 405-659-6957 tlasater@cox.net

Fromwhichthe 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 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14CFR91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91 .409 (a) 14 CFR 91.417 (a):
Terry LasaterWill operate one or more of the Following model UAS

DJI Phantom 3 Pro
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests that the 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 enhancethe safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agreesto adhereto when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1.The UASwill weigh significantly less than 55 lbs. Itweighs less than 4 pounds with battery and camera.

2. The UAS, depending on the model in operation, will have a maximumoperating 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 not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlight time whichever occursfirst.

5. 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.



### 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilot will 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 of all the days' Production activities.

9. All flight activitieswill 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 Smile radius ofthe geographic center/Airport Reference Point (ARP) of atowercontrolled or uncontrolled airport.

12. Flights will not be closerthan a 5-mile radius ofthe geographiccenter/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 personswill be allowed within100feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as U.S. Departmentof Transportation 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 for the particular UASto be operated.

16. The PIC and VO will be able to communicate by voice 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 UASwill havethe capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will havethe capabilityto abort aflight in case of emergencieswith
an automated "Return Home and Land" function.

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

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 for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part21 Subpart H meets the requirements ofan 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 ofthe Reform Act both authorize the FAAto exemptaircraftfrom the requirementfor an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis of these criteria demonstratesthatthe UAS operated without an airworthiness certificate in therestricted environment and underthe conditions proposed will be at least as safe,
orsafer, than aconventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neithera 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 a greaterdegree of safetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part21, Subpart H. Lastly, application ofthese same criteria demonstratesthat there is no credible threatto national security posed by the UAS, dueto its size, speed ofoperation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14 C.F.R. §45.23 (b). Marking of the 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 display on that aircraft
near each entranceto the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 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 displayon that aircraft neareach entranceto 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 UASwill have no entranceto the cabin, cockpit or pilot station on which the word lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015.

The equivalent level ofsafetywill be provided by having the UAS marked "Experimental" can be placed. Given the size of the UAS, two inch on its fuselage
as required by §45.29 (f) wherethe pilot, observerand othersworking 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 applicanfs UAS do notcarry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations setforth in the FOM will equate to the safe operation of the UAS.

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 forthe aircraft, shouldthis 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 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, orany 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 becausethere is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground control pointwhere the pilot flying the UAS will have immediate accessto it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions beforeflight to insure the safety offlight. 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 providesthat no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft hasfullyfunctioning dual controls. UAS and remotely piloted aircraft, bytheirdesign do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicateswith the aircraft via radio communications. the FAA has approved exemptions forflighttraining withoutfullyfunctional 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 passengers will be carried inthe aircraft and bythe 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 lessthan the minimums prescribed, provided the person operating the helicoptercomplies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a UASthat 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 setforth herein, the UASwill neveroperate at higherthan 400 AGL with the exception that in circumstances wherethe UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200feet 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 be taken withoutthe permission of the property owneror local officials. Because of the advance noticeto the property owner and participants in the filming activity, all affected individualswill be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far morethan the maximum SSibs. Proposed herein and the lackofflammable fuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraftoperating at or below 500 AGL. In addition, the low altitude operations of the UASwill ensure separation between these UAS operations and the operations ofconventional aircraftthat mustcomplywith Section 91.119. 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation of the departure airport or an appropriate altimetersetting 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 safetywill be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight. 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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 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 priorexemptions. Operating the UAS in atightly 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 of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes
or 25% of battery power- whichever happensfirst. This restriction would be more than adequate 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 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§91.715 is displayed atthe cabin or cockpit entrance so that it is legibleto passengers or crew. The UASfully loaded weighs well underthe proposed 55 lb limit and is operated without an onboard pilot. As such, there is no ability or 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 pointwherethe pilotflying the UASwill 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 havethat aircraft inspected as prescribed in subpart Eof this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

..," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the 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 of time. If mechanical issues arise the UAScan land immediately and will be operating from no higherthan 400feet AGL. The operatorwill ensurethat the UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to providethe equivalent level of safety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordancewith the UAS Manufacturer's User Manual. As provided in theFOM, and a link on last page, the operatorwill ensure that the UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information. The applicantTerry Lasater believesthis exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustification forthe granting of commercial operations of the applicant's UAS.

The applicant, Terry Lasater requests your respective approval ofthis Section 333 exemption petition request.

Thank you for your attention in this matter. Please notifyTerry LasaterOfyour actions, and or approvals. Thank you, for your interest in this request

Sincerely,
Terry Lasater

# J~~kManualLink:
http:1/download.djiinnovations.comLdownloadsLphantom 3Len/Phantom 3 Professional User Manual v1.4 en 0915.pdf