July 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request under Section 333 of the FAA Modernization and

Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

James D. Sanders located at 700 County Rd. 80 Fayette, AL 35555 and Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, 

respectfully requests exemptions from several provisions of the Federal Aviation Regulations

("FAR"), specifically, Section 333 which authorizes the FAA to determine:

1. If certain unmanned aircraft systems, if any, as a result of their size, weight,

speed, operational capability, proximity to airports and populated areas, and

operation within visual line of sight do not create a hazard to users of the national

airspace system or the public or pose a threat to national security; and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for

the operation of unmanned aircraft systems identified under paragraph (1).

I am writing to request that James D. Sanders, an owner and operator of small

unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs")

listed below so that James D. Sanders, may operate his small unmanned aircraft

systems ("UAS") commercially in airspace regulated by the Federal Aviation

Administration (“FAA”); as 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.

James D. Sanders is a county Emergency Manager and has been actively involved in the technical 

development of UAS service applications to provide high definition aerial photography for public safety 
professionals with small, unmanned aircraft and lightweight UAS’s.

The substance of this request is essentially the same as that granted to

LowCountryRC Docket Number FAA-2014-0803 in that James D. Sanders is

committed in public safety, as well as, aerial photography and inspection of

structures.

James D. Sanders UAS is equipped for aerial photography and commercial inspections.

James D. Sanders exemption request would permit his operation of lightweight,

unmanned (remotely controlled in line of sight) UAS's in tightly controlled and

limited airspace. Predetermined, specifically marked areas of operation,

sectioned off locations will allow James D. Sanders UAS to operate within current safety

regulations and new ones being sought. As identified, similar lightweight, remote

controlled UAS's are legally operated by amateurs with no flight experience,

safety plan or controls in place to prevent catastrophe.

Granting James D. Sanders request coheres with the Secretary of Transportation's

(FAA Administrator's) responsibilities to not only integrate UAS's into the 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 of

the Reform Act. Further, James D. Sanders will conduct his operations in compliance

with the protocols described herein or as otherwise established by the FAA.

The Extent of Relief James D. Sanders Seeks and the Reason It Seeks Such Relief:

James D. Sanders submit this application in accordance with the Reform Act, 112

P.L. 95 §§ 331-334, seeking relief from any currently applicable FAR's operating

to prevent James D. Sanders contemplated commercial operations, research and

other flight operations within the national airspace system. The Reform Act in

Section 332 provides for such integration of civil unmanned aircraft systems into

our national airspace system as it is in the public's interest to do so. James D. Sanders lightweight UAS's 

meet the definition of "small unmanned aircraft" as

defined in Section 331 and therefore the integration of James D. Sanders lightweight

UAS's are expressly contemplated by the Reform Act. James D. Sanders would like to

operate his lightweight UAS's prior to the time period by which the Reform Act

requires the FAA to promulgate rules governing such craft. The Reform Act

guides the Secretary in determining the types of UAS's that may operate
safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS

will be operated near airports or populated areas; and, Whether the UAS will be

operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for

James D. Sanders.

James D. Sanders’s aircraft uses multi counter-rotating propellers for extreme

balance, control and stability. It weighs less than 55 pounds, including

camera or other equipment. James D. Sanders’s aircraft is a small unmanned

aircraft is designed to primarily hover in place and operate at less than a 50 knot

maximum speed. It is capable of vertical and horizontal operations but

operate only within the visual line of sight pilot-in-command (PIC). In addition to

the PIC, James D. Sanders utilizes a qualified spotter, capable of fully operating the

aircraft in such that, the PIC would encounter a medical emergency during

operations.

Utilizing battery power and not combustible fuels, flights generally last between

fifteen and twenty-five minutes. James D. Sanders will not, under any circumstance,

operate the aircraft under twenty-five percent battery level. Safety systems in

place include a failsafe mode that allows James D. Sanders aircraft to return to the

GPS launch coordinates if communication with the radio control is lost or battery

level becomes less than twenty-five percent.

James D. Sanders does not operate his UAV's near airports and does not operate

it near populated areas.

James D. Sanders operation of his small unmanned aircraft will not "create a hazard to

users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given

the small size and weight of James D. Sanders aircraft, combined with its operation

of well-controlled areas, James D. Sanders aircraft fall within Congress's

contemplated safety zone when it published the Reform Act and the

corresponding directive to integrate UAS's into the national airspace system.

James D. Sanders aircraft have an outstanding safety record and do not pose any

threat to the general public or national security. The FAA has the authority to

issue the exemption to James D. Sanders pursuant to the Federal Aviation Act, 85 P.L.
726 (1958), as amended (the “Act").

Commercial granting James D. Sanders exemption request

furthers the public interest. First, Congress has already pronounced that it

is in the public’s interest to integrate commercially flown UAS's into the national

airspace system, thus the passing of the Reform Act. Second, James D. Sanders

conducts research into safe UAS operations every time he flies his UAV.

Flight data, visual inspections, recorded observations and flight analyses are

compiled to further enhance current safety protocols. Granting approval of this

exemption request for James D. Sanders to log more flight time will augment his ability

to further enhance current safety measures. Granting the James D. Sanders exemption request 

considerably furthers the public's interest in more ways than currently known. Allowing James 

Sanders to fly within the United States allows for improvements in publicly usable technologies 

or advancements in equipment available to law enforcement personnel and first

responders with state of the art equipment that does not cost the tax payers

millions.

Reasons Why James D. Sanders Exemption Will Not Adversely Affect Safety Or How

The Exemption Will Provide a Level of Safety at Least Equal to Existing Rule:

James D. Sanders exemption will not adversely affect safety. Actually, for the many

reasons stated, permitting James D. Sanders to gain experience and information over

time will allow James D. Sanders to innovate and implement new and improved safety

protocols.

James D. Sanders aircraft weigh less than 55 pounds complete with cameras.

James D. Sanders only operates his UAS below 400 feet;

James D. Sanders UAV operates for 1-20 minutes per flight;

James D. Sanders lands his UAS's before they reach a threshold 25% battery power;

James D. Sanders operates James D. Sanders aircraft by Visual Line of Sight (VSOL)

at all times.

James D. Sanders operates each flight himself with spotter capable of

operating aircraft; 
James D. Sanders UAS has GPS flight modes whereby it returns to launch 

if communication with the remote control is lost or battery threshold becomes less

than 25%;

James D. Sanders actively examines electronic flight data and other sources of

information to constantly update and enhance safety protocols;

James D. Sanders only operates in secured areas that are strictly controlled, are

away from airports and populated areas;

James D. Sanders conducts extensive briefings prior to flight, during which safety

carries primary importance;

James D. Sanders always obtains all necessary permissions and permits prior to

operation;

James D. Sanders operationally administers a level of safety equal to and even

greater than existing rules set forth. It is important to note that absent the

integration of commercial UAS's into our national airspace system, helicopters

are the primary means of aerial observation? While the safety record of such

helicopters are incredible, it is far safer to operate a battery powered lightweight

UAS. First, the potential loss of life is decreased because James D. Sanders aircraft

carries no people on board and James D. Sanders only operates in areas away from

major populations. Second, there is no fuel on board James D. Sanders aircraft and

thus the potential for fire or explosions is greatly diminished. Third, the small size

and acute maneuverability of James D. Sanders aircraft allow the pilot in command to

avoid hazards. Respectfully, James D. Sanders aircraft have and will always operate

at and above current safety requirements.

Summary the FAA may publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth

requirements for procurement of necessary airworthiness certificates in relation

to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of James D. Sanders permits

exemption from Part 21 because James D. Sanders aircraft meet an

equivalent level of safety pursuant to Section 3 3 3 of the Reform Act. The FAA is
authorized to exempt aircraft from the airworthiness certificate requirement under

both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration 

of the weight, size, speed, maneuverability and proximity to areas such as airports 

and dense populations. James D. Sanders aircraft meet or exceed each of the

elements.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by

the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there

are no pilots or passengers, and given the size of the UAS's, this Regulation is

inapplicable. An equivalent level of safety will be achieved by maintaining a

manual at the flight operations center. The FAA has previously issued

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A,

9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as James D. Sanders aircraft 

utilize electronic global positioning systems and internal gyroscopes

to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft

certifications and registrations. They are inapplicable for the same reasons

described above. The equivalent level of safety will be achieved by maintaining

such certifications and registrations at the James D. Sanders flight operations center.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked

according to certain specifications. James D. Sanders aircraft are, by definition,

unmanned. They therefore do not have a cabin, cockpit or pilot station on

which to mark certain words or phrases. Further, two-inch lettering is difficult

to place on such small aircraft. The FAA has previously issued exemptions

to this regulation through Exemptions Nos. 8738, 10167, 10167A and

10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial
operations. James D. Sanders can achieve an equivalent level of

safety as achieved by current Regulations because James D. Sanders aircraft do

not carry any pilots or passengers. Further, while helpful, a pilot license will

not ensure unmanned piloting skills, though James D. Sanders pilot vetting and

training programs (based upon completion of an FAA Approved Ground

School and a self-administered UAS flight training program and internal

procedures) will. All Further, the risks attendant to the operation of James D. Sanders aircraft is

far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et 

seq.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It

allows Helicopters to be operated at lower altitudes in certain conditions. James D. Sanders

aircraft will never operate at an altitude greater than 400 AGL. James D. Sanders

will, however, operate his UAV's in sectioned off areas with security perimeters,

providing a level of safety at least equivalent to those in relation to minimum safe

altitudes. Given the size, weight, maneuverability and speed of James D. Sanders

aircraft, an equivalent level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance

Inspections. The above-cited Regulations require, amongst other things, aircraft

owners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They

will not, therefore, apply to James D. Sanders should his requested exemption be

granted. James D. Sanders conducts an extensive maintenance program that

involves regular software updates and constant inspection for assessment of any

damaged hardware. Therefore, an equivalent level of safety will be achieved.

F. Summary

James D. Sanders seeks an exemption from the following Regulations: 14 C.F.R.

21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7

(a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §
91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b);

14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2);

14 C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate

his small unmanned vehicle and to conduct his own research and to develop economic platforms 

for aerial survey, law enforcement, first responders, search and rescue. Granting the James 

Sanders request for exemption will reduce current risk levels and thereby enhance safety.

Further, James D. Sanders operates at lower altitudes and in controlled airspace.

There are no people onboard, James D. Sanders aircraft and therefore the likelihood of death or 

serious bodily injury is significantly limited. James D. Sanders operation of his aircraft, weighing 

less than 55 pounds and traveling at speeds lower than 50 knots in cordoned off areas will

provide at least an equivalent level of safety as that achieved under current FARs.

James D. Sanders respectfully requests that the FAA grant his exemption request without

delay. The FAA has the authority to issue the exemption sought by James D. Sanders

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Thank you for the time and consideration of the above Exemption Request. Please

contact Mr. James D. Sanders for more information or questions that arise.

James D. Sanders

Photographer / Developer

700 County Rd. 80

Fayette, AL 35555

(205) 270-8337

jsanders1974@gmail.com