July 20

, 2015

Exemption No. 12095 Regulatory Docket No. FAA

– 20 15

– 1057

Mr. R. Stephen White
3800 Blackwood Road Bozeman, MT 59718

Dear Mr. White :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter posted to the public docket on April 16, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption . The petitioner requested to operate an unmanned

ai rcraft system (UAS) to conduct aerial photography and videography of property

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. However, the FAA
received two neutral c omments regarding the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner are a n RCTimer, a Cinestar, and a DJI Inspire 1

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft2

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for pro ducts and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by th e Administrator, Mr. R. Stephen White is granted an exemption from

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 the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. R. Stephen White is he reafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the RCTimer, Cinestar, and DJI Inspire 1 (s) when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to

amend t his exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrate d airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all time s. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, th e operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the4

operator’s responsibility to track such revisions and present updated and revised

documents to the Administ rator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update
or revision would affect th e basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating do cuments.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under th is exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necess ary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft compone nts.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PIC5

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (S VFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made avail able to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses c ommunications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginn ing a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacture r if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operation s that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accor dance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at t he Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensurin g the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property w ith permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTS B) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the f ollowing:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and ser ial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list o f those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption termin ates on July 31, 2015 , unless sooner superseded or rescinded.

Sincerely,

/ s/
John S. Duncan Director, Flight Standards Service

Enclosures

## Exemption petition under Section 333

Your name and mailing address. You may include other contact information such as a fax number, telephone number, or email address :

Name: R. Stephen White (‘Petitioner’)
Address: 3800 Blackwood Road, Bozeman, MT 59718
Phone: 406-579-0242
Email: rswhitemt@gmail.com



### The specific section or sections of 14 Code of Federal Regulations (CFR) from which you seek an exemption:

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting commercial aerial photography using UASs. Listed below are: (1) the specific sections of 14 C.F.R. for which exemption is sought; and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety equal to or better than the rules from which exemption is sought.



### The extent of relief you seek and the reason you seek the relief :

Section 333 prohibits the use of a UAS for commercial purposes on private property. Petitioner is petitioning for an exemption to provide a commercial service to private land owners and companies who wish to obtain and capture aerial photos and videos of property for purposes including construction and restoration project progress, criminal evidence, advertising, real estate listings, insurance property claims, flooding event documentation and for use as a marketing tool for businesses. Petitioner would like to be able to accept payment for these services, therefore making this a commercial use of a UAS.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates & 14 C.F.R. § 91.203(a)(1) This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited operating area associated with the UASs to be utilized by the Petitioner, 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.In all cases, an analysis of these criteria demonstrates that the UASs 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 rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UASs operations.

Equivalent Level of Safety The UASs will be operated under weighs 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 ‘sterile area’. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator.

These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, 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 UASs, due to it’s 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. Part 27: Airworthiness Standards: Normal Category Rotorcraft This part sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's UASs would otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27’s airworthiness standards for the same reasons (and Equivalent Level of Safety referenced) identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements This petition seeks an exemption from the aircraft marking and identification requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides
that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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.

14 C.F.R. § 45.27(a), Rotorcraft, states:Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the UAS has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the size of the sUAV, two-inch lettering would be impossible.

Given the nature of the specific relief sought by this exemption request, Petitioner requires relief from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).

Equivalent Level of Safety The Petitioner will ensure compliance with any requests of the UAS marking by the FAA.

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

This petition seeks an exemption from the private pilot privileges and limitations of § 61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate 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 of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

Equivalent Level of Safety Petitioner's UAS operators acting as PIC will hold a private pilot certification. Because the UASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the PIC operating the UAS to have a private pilot
certification.

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. Moreover, the area of operation is controlled and restricted, and all flights are planned and coordinated in advance.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

(b) 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.Given its size, configuration, and load capacity, the UAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft. Equivalent Level of Safety To the extent these regulations are applicable to the proposed UAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the UASs, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Equivalent Level of Safety Given the size of the UASs and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.103: Preflight Action This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA- approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the UAS, an exemption will be needed.

Equivalent Level of Safety An equivalent level of safety will be provided by following the comprehensive preflight checklist. The PIC 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(a): Flight Instruction This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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. Remotely piloted aircraft (UAS), by their design do not have fully functional dual controls. Instead, flight control is accomplished through the use of a control box that communicates with the UAS via radio
communications.

Equivalent Level of Safety Given the size and speed of the UAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and all persons will be a safe distance away should the UAS experience any difficulties during flight instruction.

14 C.F.R. § 91.119: Minimum Safe AltitudesThis petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a helicopter to operate at less than those minimum altitudes when it can be operated without hazard to persons or property on the surface provided that each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA

.

Equivalent Level of Safety Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated.

14 C.F.R. § 91.121 Altimeter Settings This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the UAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety An equivalent level of safety will be achieved by using the GPS altitude indicator to constantly monitor the UAS height, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) 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 least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 25 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere within its limited operating area. Operation of the UAS 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.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and RegistrationThis petition seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

(1) An appropriate and current airworthiness certificate

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is necessary because: (1) the UAS’s load capacity and size does not allow it to carry certification and registration documents; (2) the UAS does not have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety To the extent these regulations are applicable to the proposed UAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter. An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the UAS will not have.

Equivalent Level of Safety An equivalent level of safety will be achieved because the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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.

If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. Moreover, the UAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft performing the same operation.

### How your request would benefit the public as a whole :

Petitioner request benefits the public as a whole by providing :

• Construction project progress photos and videos

• Environmental restoration project progress photos and videos

• Criminal aerial evidence photos (when crime area has been cleared of staff)

• Post-fire area photos and videos for evidence or fire path analysis

• Flooding events photos and videos for analysis and evidence

• Insurance company client photos and videos for record or evidence of claims

• Real estate listings needing aerial view photos and videos

• Advertising campaigns that need aerial photos and videos

• Aerial video for movie and documentary production

• Private residences that desire aerial photos and videos of their property

• Publications that need aerial photos relating to stories featured

• Documenting sporting events in remote mountain areas

The operation significantly improves safety and reduces risk by alleviating human exposure to danger associated with full size helicopters, due to the demand to provide filming services at low
altitudes. The business and government entities in the above list have no options available to obtain low level aerial photos or videos. To provide aerial services to these entities safely, it requires a skilled pilot with the proper safe equipment. The public is served by learning more about properties being sold, projects being constructed and areas being filmed. Law enforcement gains greatly by being able to obtain valuable photographic information on criminal damages, as well as updates on flood and fire events.

Petitioner's UASs are battery powered and create no emissions. If Petitioner's UAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight UASs is, obviously, far less than a full size helicopter. The public's interest is furthered by minimizing ecological impact of an accident and by reducing human exposure to potentially harmful emissions associated with manned aircraft. Also, if mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL.

The public interest will be served by granting this exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.



### Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to the existing rule :

Being an FAA licensed Private Pilot, a registered AMA RC Pilot and a pilot of UASs for over 20 years, Petitioner fully understands and appreciates the importance of different uses and safety concerns regarding FAA regulated airspace. Thus, Petitioner would be a good candidate for exemption of Section 333 while not putting air safety in any amplified risk.To assist the FAA in its safety assessment of Petitioner's proposed UAS operations, below is a summary of operational limitations and conditions which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

• The UAS will weigh less than 55 lbs (generally less than 15 lbs)

• All flights will be operated within line-of-sight of a pilot and/or observer

• Maximum total flight time for each operational flight will be 25 minutes, often less than 20

minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the
25 minute limit.

• All flights will operate under the speed of 20 knots

• All UASs are equipped with telemetry that provides in-flight battery use and usage. This

provides pilot with continual information of battery level and amount of flight time available.

• All flights will be operated at an altitude of no more than 400 feet above ground level (AGL),

and often less than 100 AGL.

• The UAS pilot will be an FAA licensed airman with a private pilot's certificate

• The UAS will only operate within a n area clear of people, sporting events, suspended cables,

power lines and away from airport restricted areas (‘Sterile Area’)

• All operations will be conducted during daylight hours, and in a VFR setting

• All flights are done in fair weather void of rain, snow and strong wind

• Pilot will have been trained in operation of UAS generally and will have received up-to-date

information on the particular UAS to be operated

.

• Written and/or oral permission from the relevant property holders will be obtained.

• All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

• If the UAS loses communications or loses its GPS signal, the UAS is equipped with advanced

safety features that will allow the UAS to automatically return ‘home’ (and land if necessary) to a pre-determined location.

• Flight Control technology on all UASs include altitude, climb rate, ground speed, direction,

horizon, battery strength, battery usage, distance from pilot and GPS satellite connections in
attached monitor.

• All flights would adhere to any relevant NOTAMS

• All flights would be conducted after completing a comprehensive checklist (attached)

• All flights and specifics of activity will be recorded in a logbook

The specific UASs Petitioner is seeking exemption with is one with many safety features built into the sophisticated Flight Control, including GPS navigating and full telemetry.

In addition, Petitioner intends to follow the below suggested safety regulations :

• Always keep aircraft in sight and under control. • Always keep people and pets at least 35 feet (10 meters) away when the battery is connected. • Keep children out of the vicinity of this product at all times. • Always begin flights with fully charged batteries (aircraft and transmitter)

. • Always keep transmitter powered on while aircraft is powered. • Always keep moving parts clean. • Always keep parts dry. • Always let parts cool after use before touching. • Always remove batteries after use.• Always have a first aid kit available • Always have an appropriate fire extinguisher available

• Never operate aircraft with damaged wiring

• Never touch moving parts.



### A summary we can publish in the Federal Register :

Petitioner R. Stephen White, a Montana resident, is seeking an exemption of the FAA’s Section 333 rules that does not allow the use of an Unmanned Aircraft (UAS) to be used for commercial purposes in regards to National Airspace Safety (NAS). Further, Petitioner’s exemption request is for purposes including video and photo production for construction and restoration project progress, criminal evidence, advertising, real estate listings, insurance property claims, fire and flooding event documentation, movie and documentary production, aerial filming of sporting events in remote locations, publication photos and for use as a marketing tool for businesses.

Further, p ursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Being an FAA licensed Private Pilot, a certified AMA RC Pilot and therefore understanding the importance of different uses and safety concerns regarding FAA regulated airspace, Petitioner would be a good candidate for exemption of Section 333 while not putting Air Safety in any amplified risk. The specific UASs (all utilize DJI’s sophisticated Flight Control technology) Petitioner is seeking exemption with many safety programs, including telemetry technology and GPS navigating.

When flying for this commercial purpose, Petitioner would be flying at a maximum altitude of 400 (and often less that 100) feet. Most flights are performed vertically and within a limited area. All flights are line of sight from the pilot, in fair weather and in a VFR environment. Petitioner’s general knowledge of the aviation safety systems implemented by the FAA would be used to ensure that safety would not be affected by Petitioner’s operations. Petitioner would not be flying near disaster areas, sporting events, or high traffic areas including airports, and would pay attention to all relevant NOTAMS. Petitioner would appreciate the FAA’s consideration of this petition for exemption.



### Any additional information, views, or arguments available to support your request:

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as toaccess, and; (4) would provide an increased level of safety beyond that of manned fixed or rotor wing aircraft are used to accomplish the same purpose.

Approval of request helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely, the FAA Administrator's assessment of whether certain UAS may operate safely in the National Airspace System before completion of the rulemaking required under
Section 332 of the Reform Act.

Petitioner's UASs are rotorcraft, weighting 55 or fewer lbs including payload. They operate, under normal conditions, at a speed of no more than 20 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously.

Petitioner's UASs will operate only in line-of-sight and will operate only within a ‘sterile area’. Such operations will insure that the UAS will "not create a hazard to users of the National Airspace System (NAS) or the public. ”

Given the small size of the UASs involved and the restricted sterile environment within which they will operate, this petition for exemption falls squarely within that zone of safety (i.e., an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately). Also, due to the size of the UASs and the restricted areas in which the UASs will operate, approval of the application presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for the proposed operations, the grant of the requested exemptions is also in the public interest.

Petitioner is fully aware of the pre flight safety checks and procedures implicated in the operation of applicant’s UASs and intend to implement pre-flight safety checks and utilize the safety technology provided with the unit(s). Petitioner intend’s to only fly in non-populated, residential or rural areas and stay clear of all utility lines etc. Petitioner also intends to be fully aware of surroundings at all times and to only fly the UAS within a visual line of sight and only in Visual Flight Conditions (VFR) and fair weather.

Petitioner’s FAA Issued Private Pilot License Certificate Number is available by request. Petitioner’s Membership Number in the Academy of Model Aeronautics is available upon request.

Petitioner has years of experience of UASs and fully understands the operations of UASs and will comply with all the health and safety regulations for PIC for this exemption.

Also attached for review (Related to UASs listed below):

• Flight checklists (FAA2 - Steve White)

• DJI NAZA Flight Control Manual (FAA5 - Steve White)

• DJI WOOKONG Flight Control Manual (FAA4 - Steve White)• DJI Inspire 1 Operations Manual ( http://download.dji-innovations.com/downloads/inspire_1/en/ Inspire_1_User_Manual_v1.0_en.pdf )

• DJI Inspire 1 Safety Manual (FAA3 - Steve White)

UASs descriptions:

RCTimer Hexacopter :

Boom Length: 6x 11.40” Height : 14” Flying Weight: 5.5 lbs Propellers size: 6x 10” Flight Controller: DJI NAZA-M w/ GPS, iOSD Mini Motors: 6x Brushless Outrunner Motor, 1000Kv
ESCs: 6x 20 -Amp Brushless ESC Battery: 3S 11.1V 5000mAh 30C Li-Po Rechargable
Transmitter: Turnigy TGY-9X

Cinestar Hexacopter :

Boom Length: 6x 15” Height : 19” Flying Weight: 10.5 lbs Propellers size: 6x 14” Flight Controller: DJI Wookong w/ GPS, iOSD Mini Motors: 6x Brushless Outrunner Motor, 1000Kv ESCs: 6x 35-Amp Castle Brushless ESC Battery: 4S 14.8V 5000mAh 60C Li-Po Rechargable Transmitter: Turnigy TGY-9X

DJI Inspire 1 Quadcopter :

Boom Length: 2x 9” Height : 12.5” Flying Weight: 8 lbs Propellers size: 4x 13.5” Flight Controller: DJI w/ GPS, OSD
Motors: 4x Brushless DJI Outrunner Motor
ESCs: 4x Brushless DJI ESC Battery: 6S 22.2V 4500mAh Li-Po Rechargable
Transmitter: DJI Operations Note: This UAS’s Flight Control (FC) system is pre-programmed to prevent operation within the restricted areas of airports. Depending upon distance, the DJI FC will automatically control the altitude of operation. If too close, take-off is prevented by the FC.



### If you want to exercise the privileges of your exemption outside the United States, you must state the reason.Petitioner has no intention on using this exemption outside the United States