Catherine Fulkerson

610 South Lipan Street

Denver, CO 80223

303.484.9854

kfulkerson@ecoroofandsolar.com

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 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; 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)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

Catherine Fulkerson, operator of small Unmanned Aerial Systems (UAS), hereby applies for an

exemption from the listed Federal Aviation Regulations to allow commercial operation of a small UAS,

so long as such operations are conducted within and under the conditions outlined herein or as may

be established by the FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors,

would operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate, architecture, land

surveying, and other related professional activities.

Aerial video and/or photography for public and/or private use including television, public events, and

cinematography.

Aerial inspection/photography of residential/commercial structures under contract with the owners

or local government authority.

Aerial video/photography or providing live video feed to assist with search and rescue operations in

cases of an emergency or natural disaster only when the local authorities or government has

requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of small UAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will

provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements

for the safe operation of such aircraft systems in the national airspace system.”
The name, phone, email and address of the applicant:

Name: Catherine Fulkerson

Phone: (307) 250 - 4546

Email: kfulkerson@ecoroofandsolar.com

Address: 610 S. Lipan St Denver, Co 80223

USA Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 91.9 (b) (2)

14 CFR 91.121

14 CFR 91.405 (a)

14 CFR 45.23 (b)

14 CFR 91.103

14 CFR 91.151 (a)

14 CFR 91.407 (a) (1)

14 CFR 61.113(a)

14 CFR 91.109

14 CFR 91.203 (a) & (b) 14 CFR 91.409 (a) (2)

14 CFR 91.7 (a) 14 CFR 91.119(c)

14 CFR 91.417 (a) & (b)

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. including payload.

Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the

ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line

of sight only and by the exempted person only obeying all other local and federal laws.

Given the small size of the small UAS and the controlled environment provided the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this 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 of the requested exemption is in the public interest.

Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft. These

limitations and conditions to which the applicant agrees to adhere to when conducting commercial

operations under the FAA issued 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. exemption as set forth in the

Flight Operations Manual (FOM) include:

● The small UAS will weigh less than 55 lbs.

● Flights will be operated within line of sight of a pilot and/or observer.
● Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated

at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

● 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.

● Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the

Visual Observer (VO) when needed and may include but not limited to a Camera Operator.

● The small UAS pilot will be Catherine Fulkerson ONLY not allowing any other person to

operate the small UAS in a commercial capacity.

● A briefing will be performed regarding the planned small UAS operations prior to each day’s

flight consisting of all the days’ production activities.

● The flights will occur no closer than a 5 mile radius of the geographic center/Airport

Reference Point (ARP) of a tower controlled or uncontrolled airport.

● The PIC will obtain verbal/written consent of all persons involved with the planned operation

and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission or direction of the

FSDO, operations at closer range may be approved.

● The PIC and VO will have been trained in operation of small UAS and receive up-to-date

information for the particular small UAS to be operated and will be able to show upon request

their competent ability to operate the small UAS and/or Camera.

● The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

● Written and/or verbal permission and permits will be obtained from territorial, state, county

or city jurisdictions, including law enforcement, fire or other appropriate governmental

agencies when needed.

● If the small UAS loses communications or loses GPS signal, the small UAS will have the

capability to return to a pre-determined location within a designated location and land

autonomously.

● The small UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies.

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 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 the Applicant, 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 small UAS. In all cases, an analysis of these criteria demonstrates

that the small 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
wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions

proposed.

The small UAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled

and monitored by both the operator and under the requirements and in compliance with local public

safety requirements. These safety enhancements provide a greater degree of safety to the public and

property owners than conventional operations 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 posed by the small UAS, due to its size, speed of operation,

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the 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.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the

small 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 small UAS, two-inch lettering will be impossible.

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. Our small

UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR

61.113(a). Although helpful, a Commercial Pilot’s License will not ensure remote control piloting skills.

The risks attendant to the operation of small UAS is far less than the risk levels inherent in the

commercial activities outlined in 14 CFR 61. I feel the operation and limitations can be understood

well enough with a Private Pilot's License.

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 for the aircraft, should this exemption be granted,

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for

maintenance and use of safety checklists 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.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available

in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material,

markings, and placards, or any combination thereof. The small 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 small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight

battery requirements, landing and takeoff distances and aircraft performance data before initiation of

flight.

14 C.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 unless that aircraft has fully functioning dual controls. Small

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 box that communicates with the aircraft via radio

communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft

and by the 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 less than the minimums prescribed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this

exemption is for a small UAS that is a helicopter and the exemption requests authority to 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 small UAS

will never operate at higher than 400 AGL with the exception that in circumstances where the small

UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS

will not be operated more than 100' above the highest point on the structure. It will 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, speed of the small UAS as well as the location where it is operated. No flight will be

taken without the permission of the property owner or local officials. Because of the advance notice

to the property owner 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 55lbs. proposed herein and the lack of flammable 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 of the small UAS will ensure separation

between these small- UAS operations and the operations of conventional aircraft that 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 altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting

available before departure.” As the small UAS may not have a barometric altimeter, but instead a GPS

altitude read out, an 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.

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 after that for at

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the

small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, small UAS flights would be severely limited in length. Given the

limitations on the small UAS’s proposed flight area and the location of its proposed operations within

a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is

reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of

prior exemptions. Operating the small UAS, in a tightly controlled area where only people and

property owners or official representatives who have signed waivers will be allowed, with less than 30

minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to

alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights to 10

minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes

that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery

power— whichever happens first. This restriction would be more than adequate to return the small

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 may operate a

civil 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) 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. The small UAS fully loaded

weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or

place to carry certification and registration documents or to display them on the small UAS. An

equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the small UAS will have immediate access to them; to the extent they are

applicable to the small 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 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...,”

and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section

and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and

operating handbook. An equivalent level of safety will be achieved because these small UASs are very

limited in size and will carry a small payload and operate only in restricted areas for limited periods of

time. If mechanical issues arise the small UAS can land immediately and will be operating from no

higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance performed.

Moreover, the operator is the person most familiar 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

safety will be achieved because maintenance and inspections will be performed in accordance with

the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As

provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating

flight and perform required maintenance needed.

Small UAS Information

Small UAS’s to be used are as follows but not limited to providing they are within the scope of the

exemption granted by the FAA:

Public Benefit and Safety

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial video

gathering platform due to the smaller devices cheaper equipment and personnel cost, reduced noise

and as such, a much smaller environmental impact which promotes public safety. Catherine Fulkerson

is petitioning for an exemption to operate a DJI Phantom 3 with a built-in stabilized HD camera and

GPS safety features which limit its ability to limit the height it flies above ground level (AGL), to limit
the radius of the distance it flies from the operator and to exclude it from operations within

designated Class B, C and D airspace including a no-fly zone feature.

The DJI Phantom 3 also has a failsafe function that is triggered in the event communication is lost

between the sUAS and the main controller transmitter. At that time, the sUAS will return to its point

of takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land

manually.

Conclusion

Thank you for the consideration of these exemptions.

Sincerely, Catherine Fulkerson