**June 16, 2015**

**Loyd David Foster’s Petition for Exemption to Operate**  **Unmanned Aircraft Systems (UAS)**  **for Aerial Photography and Video Production** 

FAA Regulatory

Docket

**NAME AND ADDRESS OF PETITIONER**

Lo yd D avid Foster 2364 VZCR 2128 Wills Point, TX. 75169 903.802.9400 lfoster0752@gmail.comJune 16, 2015

Page 2 **I .**  **PETITION SUMMARY** Pursuant to Section 333 of the FAA Modernization and R e form Act of 2012, Pub. L . No. 112

- 95 (2012 ), 126 Stat.11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption authority under 49 U.S.C. § 44701(f), Lo yd D. Foster (“Petitioner”) hereb y petitions for exemptions from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61 ,133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)

- (b). The proposed exemptions, if granted, would allow Petitioner to operate small, (less than 55 pounds) unmanned camera - mounted aircraft s ystems (“UAS”) for the purpose of filming residential real estate properties for sale or lease. Based on the small size of Petitioner’s UAS and the qual ifications and experience of Petitioner , the requested exemptions should be within the safet y margins envisioned by Congress and set forth in Section 333. Additionally , the enhanced safety achieved by replacing larger aircraft ( carryi ng crew and flammable fuel ) with a small UAS carrying no passengers or crew and operated onl y in daylight hours and operated under the specific guidelines and procedures proposed b y P etitioner gives the FAA good cause to find that the UAS operations enabled b y the instant Petition are in the public interest. Thus, the requested exemptions should be granted.June 16, 2015

Page 3 **II . BACKGROUND**  In 1966, at the age of 14, Petitioner began working towards earning a Private Pilot ’ s certificate , training in a Piper Cub. In the summer of 1970, after graduating from high school in Wills Point, TX and at the age of 18, he tested and passed his FAA written
exam and immediately scheduled his check

- ride in a Cessna 150 at a small airport in Rockwall TX. He was awarded a Private Pilot’s License # 2129231 at that time. In the following ye ars , his love of av iation related activities led him to acquire his “ Instrument Rating ” and at th e current time has over 1500 hours of flight time in single and twin engine aircraft. Throughout the years, h e has owned and/or flown aircraft including motorized ultra

- lights, h ang - gliders, sailplanes, single and twin engine aircraft, as well as rotorcraft. His interests also extend to RC aircraft of almost every variet y. The Petitioner, over the ye ars, has built and sold several successful businesses. At this time, nearing re tirement age, Petitioner recently acquired a Texas Real Estate L icense with the intent to sell farms and ranches as well as residential propert ies

. Petitioner wishes to utilize a small drone aircraft (<55#) with video /still recording equipment on board to capture hi

- def

inition aerial footage of these properties

. Usage of the UAS will provide the highest level of service to his customers, while promoting safet y b y eliminating the need for large manned aircraft while filming

. Petitioner seeks regulatory exe mptions that will allow Petitioner to employ camera - mounted UAS technology in the filming and production process es .June 16, 2015

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**III. STATUTORY AUTHORITY** A. Section 333 Section 333, titled “Special Rules for Certain Unmanned Aircraft S ys tems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the National Airspace S ystem (“NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft sy stems may operate safely

in the national airspace sy stem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operational authorization.”. The FAA has committed to complying with this mandate b y granting several petitions almost identical to the one at hand. Section 333(b) i d entifies several factors that the FAA should consider in determining whe ther commercial UAS operations should be approved. These include UAS that, “as a result of the size, weight, speed, operational capability , proximity to airports and populated areas, and operating within visual line of sight do not create a hazard to user s of the (NAS) , or the public , or pose a threat to national security,” See Section 333(b). B. SECTI ON 44701(f) In addition to the specific authority conferred b y S ection 333, the FAA Administrator has general authorit y to grant exemptions from the FAA’s saf et y regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See U.S.C.§ 44701(f).June 16, 2015

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**IV R EQUESTED EXEMPTIONS**  Petitioner requests relief from the following regulations: Part 21 prescribes in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Section 61.113 prescribes that “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; nor may that person, for compensation or hire, act as pilot in command of an aircraft,” (see Section 61.113(a)), and that “a private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or prope rty

for compensation or hire,” (see Section 61.113(b)). Section 61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a provision implied , limit ed to persons holding a commercial pilot certificate , the ability

to act as pilot in command of an aircraft “for compensation or hire.” Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition.June 16, 2015

Page 6 Section 91.9(b)(2) prohibits operation of U.S. registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Section 91.103(b)(1) prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, “For a flight, runway lengths at airports of intended use, and the following takeoff and landing distanc e information:...For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein.” Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes: “Over other than congested
areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.” Secti on 91.121 requires, in pertinent part, each person operati ng an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the d eparture airport or an appropriate altimeter setting available before departure.” Sect ion 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y 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 fl y after that for at least 45 minutes.June 16, 2015

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Section 91.203 prohibits, in subpart (a), an y person from operating a civil aircraft unless it has within it ( 1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to it’s owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in §47.31( c) Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to pas sengers or crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) o f the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized unde r §43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it h as had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

- (a) Each registered owner or operator shall keep the following recordsJune 16, 201 5

Page 8
f or the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventative maintenance, and
a lteration and records of the 100

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

- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date o f completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, propeller and each rotor. (ii) The current status of life

- limited parts of the airframe, engine, propeller, rotor and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.June 16, 2015

Page 9 (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD ) and safet y directives including, for each, the method of compliance, the AD or safety directive number and revisions date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms p rescribed b y §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the a ircraft at the time the aircraft is sold.June 16, 2015

Page 10 (3) A list of defects furnished to a registered owner or operator under

§43.11 of this chapter shall be retained until the d efects are repaired and the aircraft is approved for return to servi ce. **V. PETITIONER’S PROPOSED OPERATIONS TO SATISFY SECTION 333.** A. Unmanned Aircraft Sy stem
- (UAS) The UAS to be operated under this request are less than 55 lbs. fully loaded, will be operated at a speed of no more than 50 knots airspeed, carry neither a pi lot nor passenger, will carry

no explosive materials or flammable liquids and will operate within a confined placarded area warning potential onlookers that the UAS is being operated for real estate video retrieval purposes. Petitioner’s UAS will use a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) requirements

. Petitioner’s UAS are equipped with redundant safety mechanisms allowing them to operate safel y after experiencing certain in

- flight f ailures. If a lost

- link event occurs, including the loss of ground communications and/or the loss of a quality GPS signal, sufficient to obtain exact coordinates for navigation, Petitioner’s UAS have the ability

to perform a pre

- programmed, predictable, a utomated flight maneuver return ing to a predetermined location within a designated secur ed perimeter for an automated controlled landing “ Fully Autonomous Flight ”. All flights conducted b y Petitioner will be terminated after 25 minutes of flight time or wi th > 25% battery life remaining, whichever occurs first . Additionally , all flights conducted by Petitioner willJune 16, 2015

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be conducted within line of sight (LOS) operator reference of the UAS. Therefore, good cause exist for granting Petiti oner’s requested relief from 14 C.F.R. §91.151(a) (setting forth fuel requirements for flight in VFR conditions). Petitioner’s UAS will be identified by serial number registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) marki ngs in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitioner’s requested relief from 14 C.F.R. §91.121 (Altimeter Settings), Petitioner seeks relief because Petitioner will not have a typical barometri c altimeter onboard the UAS. Instead, altitude information will be provided to the UAS PI C (Pilot in Command) via a digitall y encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display . The altitude information wil l be generated b y equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed fo r accuracy by the UAS PI C. Thus, good cause exists for granting the requested relief from 14 C.F.R. §91.121. Given the size, weight, speed and limited operating area associated with the aircraft to be utilized by

the Petitioner , and exemption from 14 C.F. R. Part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations is warranted (if necessary) and meets the requirements for an equivalent level of safety underJune 16, 2015

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14 C.F.R. Part 11 and Section 333. The UAS operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed b y Petitioner will be at least as safe, or safer than a conventional aircraft (fixed wing or rotorcraft) operating with an ai rworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed limitations and conditions stated herein. Petitioner will strictly

comply with safet y and maintenance procedures included in all applicable UAS manufacturer’ s instructions and operating manuals. To the extent such information is not included in the gu i delines developed b y the manufacturers, Petitioner will develop and document maintenance, overhaul, replacement, and inspection requirements, procedures to document and maintain maintenance records with regard to Petitioner’s UAS, and UAS technician qualification criteria. Petitioner’s operations manuals will include maintenance requirements for Petitioner’s UAS, including “on

condition” maintenance. In light o f these mitigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2) and 91.,417(a) and (b) are warranted.

B. UAS Pilot in Command (PI C) Petitioner’s UAS PI C shall have passed the required FAA ground school E xamination and possess at least a third class medical certificate and will be required to hold a current pilot’s license issued by the FAA until planned rulemaking eliminates one or all of these requirements

. Petitioner feels that knowledge of airspace regulations
ac quired from FAA ground school and dexterity in the control and operations of the UASJune 16, 2015

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a c quired from actual operation of the aircra f t will be the most important factors in establishing an equivalent level of safety. According to the FAA, “the FAA considers the overriding safety

factor for the limited operations proposed by the Petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exempt i on No.11062, Regulatory Docket No. FAA

- 2014

- 0352, at p age 18. With those factors in mind, Petitioner’s UAS PI C shall be required to meet several conditions and limitations as outlined below:

● The UAS PI C will have accumulated a minimum of 2 0 0 flight cycles and 25 hours of total time as a UAS PI C and at least 10 hours time logged as a UAS PI C with a similar UAS ty pe (single blade or multi

- rotor).

● The UAS PI C will have accumulated a minimum of five hours of flight time with the specific make and model of the UAS to be utilized for operations under the exemption and three take

- offs and landings in the preceding 90 day s.
● The UAS PI C will have successfull y completed the qualificatio n process as specified in the operations manuals, to include a knowledge and skill s test. Regarding Petitioner’s requested relief from 14 C.F.R. §91.7(a), it is Petitioner’s understanding that Petitioner’s UAS will not require an airworthiness certificate inJune 16, 2015

Page 1 4 accordance with 14 C.F.R. Part 21, Subpart H, and that exemption from 14 C.F.R. §91.7(a) is therefore unnecessary

. To the extent such an exemption is deemed necessary , Petitioner asser

t s that it should be granted in light o f the safet y procedures proposed herein. In accordance with the pertinent part of 14 C.F.R. §91.7(b), the operator in command of Petitioner’s UAS shall be responsible for determining whether the aircraft is in a safe condition for flight. Petitioner’s ma nuals for maintenance and operat i ons shall include safet y checklists to be used by the operator in command prior to each flight. Regarding Petitioner’s requested relief from 14 C.F.R.§91.7(a), it is Petitioner’s understanding that Petitioner’s UAS will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H, and that exempt i on from 14 C.F.R.§91.7(a) is therefore unnecessary . To the extent such an exemption is deemed necessary , P etitioner asserts that it should be granted in light of the safety procedures proposed herein. In accordance with the pertinent part of 14 C.F.R. §91.7(b), the operator in command of Petitioner’s UAS shall be responsible for determining whether the aircraft is in a safe condition for flight. Petitio ner’s manuals for maintenance and operations shall include safety checklists to be used b y the operator in command prior to each flight. Regarding Petitioner’s requested relief from 14 C.F.R. 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements ) and §91.203(a) and (b), (Civil aircraft: certifications required), it is Petitioner’s understanding that relief from these regulationsJune 16, 2015

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are no longer necessary

in light of the FAA Memorandum “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014. To the extent the FAA deems an exempt i on from this section necessary

for Petitioner’s proposed operations, such exemption should be granted i n light of the mitigating fact that Petitioner will maintain the documents required under 14 C.F.R. §91.9 and § 91.203 at the UAS ground control station during all flights. Additionally , 100% of Petitioner’s operations will utilize a visual observer (“VO”) . The VO may

be used to satisfy

the VLOS requirement as long as the PI C alway s maintains VLOS capability . The VO and the PI C will be able to communicate verball y at all times during operational flights. Regarding Petitioner’s requested relief from 14 C. F.R. §91.103(b)(1), Petitioner will comply

with the other applicable procedures and requirements stated in §91.103(a) and (b). Specificall y, the PI C will take all actions including reviewing weather, flight battery requirements, and aircraft performance data before initiation of a flight. The PIC and VO will also account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s individual ability

to see other air traffic and communicate with the other by electronic wireless devices to initiate a return

- to
- home sequence or other appropriate action if needed.June 16, 2015

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The PI C’s UAS operation will be limited to a unique and placarded environment. Given the (1 ) placarded area of operation to alert all in the area that aerial filming is ongoing. (2) aeronautical knowledge requirements incumbent in the FAA ground school exam, and (3) the proposed UAS airmanship skills of Petitioner’s PI Cs, the additional manned airmanship experience of a private pilot would not correlate to the airmanship skills necessary

for Petitioner’s unmanned operations. Thus, Petitioner’s request for relief from 14 C.F.R. §61.113(a) and (b) and §61.133(a) should be granted.

C. Operating Parameters of Petitioner’s UAS Petitioner’s UAS operations will be conducted within a placarded area. In this area, Petitioner’s operations will remain within VLOS of the PIC and/or the VO, below 400 feet and at speeds at or below 50 knots. Consistent with the relief ty picall y provided to manned operat i ons under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner requests relief from 14 C.F.R. §91.119(c) with respect to those participating persons, vehicles, and equipment directly involved in the performance of the actual filming. Regarding distance from non participating persons , Petitioner will ensure that no persons are allowed within 500 feet of the operating area except those consenting to be involved and necessary for the filming production, with the possibility of reducing this distance to no less than 200 feet if it would not adversel y affect safet y and Administrator has approved it. This is consistent with FAA Order 8900.1,V3,C8,S1June 16, 2015

Page 17 Petitioner will not conduct UAS ope rations within 5 nautical miles of the geographic center of a non

- towered airport unless a letter of agreement with the airport’s management is obtained and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”). Additionally , Petitione r will not operate in Class B, C, or D airspace without written approval from the FAA, nor will Petitioner operate the UAS less than 500 feet below or less than 2,000 feet horizontally from cloud or when visibility is less than 3 statute miles

. D
. The Requested Exemption Promotes the Public Interests The enhanced safet y achieved b y replacing significantly larger manned aircraft
carryi ng crew along with flammable fuel and fl yi ng at dangerousl y low altitudes with small unmanned UAS weighing less than 55 poun ds and being operated under the specific guidelines and procedures suggested b y P etitioner gives the FAA good cause to find that the UAS operations enabled b y the approval and acceptance of Petitioner’s request herein gives the FAA good cause to find that the UAS operations enabled b y the instant Petition are in the public interest. As the FAA has already recognized, UAS provide an additional tool for the re al e state industry , adding a valuable tool to increase commerce and thereb y adding new jobs to our ec onomy .June 16, 2015

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**VI. CONCLUSION** For the foregoing reasons, the regulatory exemptions requested herein should be granted and Petitioner should be permitted to conduct small UAS operations for the purposes contained herein.
Respectfully submitted, Llo yd D. Foster
- Petitioner