1

**October 26, 2015** 

**U.S. Department of Transportation Docket**  **Operations West Building Ground Floor, Room W12** 
**- 140**  **1200 New Jersey Ave., S.E. Washington, DC 20590** 

**RE: Exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14. C.F.R. Part 11.** 

**I. Name and Information**  SOKY Drones, LLC Owner: Donald P. Smith 2600 Chandler Drive Apt 1515 Bowling Green, Kentucky 42104 270

- 799

-8110 sokydrones@gmail.com
All mentions of the name “Donald P. Smit h” are inclusive of “SOKY Drones, LLC”.
**II. 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) & (b); 14 CFR 91.7 (a); 14 CFR 91.119 (c) ; 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) (1) & (2); 14 CFR 91.417 (a) & (b).
**III. The Extent of relief Donald P. Smith seeks and the reason he seeks such relief:**  I, Donald P. Smith, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

– 334, seeking relief from any currently applicable FARs that prevent me from contemplated commercial operations utilizing a small , unmanned aerial system (UAS) to include:

o Aerial photography and/or video for public and/or private use including real estate, land surveying, engineering and other related professional activities. o Aerial inspection/photography of residential and commercial structures under contract with the owners of same. o Aerial inspection/p hotography of commercial infrastructure under contract with the owners of same.2 o Aerial photography/video and live video feed to assist search and rescue operations in cases of emergency or natural disaster, whe n local authorities or governments have requested same by contract or donation.

As described fully below, the requested exemption would permit the operation of a UAS in the National Airspace System (NAS) that would be a) limited, b) controlled, c) predete rmined and d) conducted in a manner that enhances safety relative to existing manned aircraft operations. My UAS meet s the definition of “small unmanned aircraft” as defined in Section 331 and the integration of any s UAS is expressly contemplated by the R eform Act. I would like to operate my UAS 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 nat ional airspace system. Considerations include: the weight, size, speed and overall capabilities of the UAS’s; whether the UAS will be operated near airports or heavily populated areas; and whether the UAS will be operated by line of sight. Each of these items reflects in favor of an exemption for me, Donald P. Smith. I will operate one UAS, the Yuneec Q500 4K. Th is UAS utilize s four (4) counter

- rotating propellers driven by electric motors for balance, control and stability. Th is UAS is equipped with GP S and auto return (return home) safety technology and weigh less than 5 pounds including camera and gimbal. Th is UAS is capable of vertical and horizontal operations and is only flown within site of the Pilot in Command (PIC). The UAS utilize s lithium po lymer batteries for energy. Addit ional technical data on the Yuneec Q500 4K is included in Attachment A

. Due to the small size, range, payload and proposed operational safety limitations, th is s mall UAS do es not pose a national security issue and will provide public benefit via enhanced safety relative to manned aircraft conducting similar operations and reduced environmental impact.

**IV. Equivalent Level of Safety**  **:** I , Donald P. Smith, hold a Private Pilot licen se, am familiar with the FAR’s and am very safety conscious . I will ensure that all operations are conducted in a manner that places the safety of the public first and foremost . To ensure safe operation I will ensure that the following limitations and co nditions are met on each flight to provide the level of safety required by the FAA under this exemption, including: 1. Operations authorized by this grant of exemption are limited to the Yuneec Q500 4K weighing less than 55 pounds including payload.
2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will t he UAS be operated at airspeeds greater than the maximum operating airspeed recommended by the aircraft manufacturer.
3. The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL). It’s anticipated that all commercial operations will be conducted below 200 feet AGL.3 4. The UAS will be operated within Visual Line of S ight (VLOS) of the PIC at all times. This requires the P IC 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.
5. All operations will utilize a Visual O bserver (VO). The UAS will be operated within the VLOS of the PIC and VO at all times. 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. The PIC will be designated before t he flight and cannot transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the duties required of the VO.
6. 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 O perating D ocuments will be accessible during UAS operations and made available to the Administrator upon request.
7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under this 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 will be conducted in such a manner so as to not pose an undue hazard to persons and property.
8. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
9. Prior to each flight, the PIC will conduct a pre

-flight inspection and determine that 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 th e necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
10. The operator will follow the UAS manufacturer’ s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and ai rcraft components.
11

. Each UAS operated under this exemption will comply with all manufacturer safety bulletins and firmware updates

. 12 . Under this grant of exemption, the 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 o r a valid U.S. driver’s license as required by 14 C.F.R. § 61.23.4 13 . The operator will not permit any PIC to operate unless the PIC demonstrates the abili ty 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 appropriate distances from persons, vessels, vehicles and structures. PIC qualification fl ight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b).
14 . UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC).
15 . The UAS will 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 symbol 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 will be made available to the Admi nistrator or any law enforcement official upon request.16 . The UAS will 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.
17 . If the UAS loses communications or loses its GPS signal, the UAS must return to a pre - determined location within private or controlled

- access property. 18 . The PIC will abort the flight in the event of unpredicted obstacles or emergencies.
19 . The PIC is prohibited fro m beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least three minutes or with the reserve power recommended by the m anufacturer if greater.
20 . 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 will be available to the PIC at the Ground Control Station of the UAS any time the ai rcraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.
21. The UAS will remain clear and give way to all manned aviation operations and activities at all times.

**V. Regulations from which**  **Exemption is**  **Requested :**  **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 1 1 and Section 333 of the Reform Act.5

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 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 UAS to be operated hereunder is less than 55 lbs. ( less than 5 lbs.) fully loaded, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured and designated area. O perations 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 c ertificates 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 UAS, due to its size, speed of operation, locatio n 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 UAS will have no airworthiness certificate, an exemption will be needed as the 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 UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §4 5.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” **14 C.F.R. § 6 1.113 (a) and (b):**  **Private Pilot Privileges and Limitations: Pilot in Command.** Pursuant to 14 CFR 61.113 (a) & (b), 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 co mpensation or hire. An equivalent level of safety can be achieved by current Regulations because the applicant’s UAS do es not carry any pilots or passengers or property. The risks attendant to the operation of the UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. **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 certifica te issued for the aircraft, should this exemption be granted, no FAA regulatory standard exist s for determining airworthiness. Given the size of the aircraft and use of safety check lists prior to each operation an equivalent level of safety will be provi ded.6

**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 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 g round control point where the pilot flying the 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 PIC will take all actions as stated in the manufacturer operations manuals in the pre

-flight inspection section, including but not limited to reviewing weathe r, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. §91.109: Flight Instruction.** Section 91.109 provides that no person may operate a civil aircraft (except a manned free ballo on) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS’s and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a con trol 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. My UAS will always operate below 400 feet AGL and it is a nticipated that all operations will be conducted below 200 feet AGL. The equivalent level of safety will be achieved given the size, weight, speed of the 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. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fu el, 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 UAS will ensure separation between these UAS operations and t he 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 th e elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed.7

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 or other altitude measuring instrument 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 i ntended 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 UAS provides approximately 25 minutes of powered fli ght with safe reserves . To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations wit hin a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area 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 UAS flights to 10 minutes or less 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 20 minutes or 25% of remaining battery power — whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. **14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraf t Certifications**  The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may opera te 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 spe cial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weigh less than 55 lbs. and are operated without an onboard pilot. As such, there is no ability o r place to carry certification and registration documents or to display them on the UAS. 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 ; to the extent they are applicable to the UAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance** **, Inspections**  **and Records**  **.** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as presc ribed 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. As my UAS will not require an airworthiness certificate these sections do not apply. However, an equivalent level of safety will be achieved by regularly inspecting the UAS’s, in addition to pre

-flight inspections, and maintaini ng them according to the manufacturer’s recommendations. All maintenance will be documented and logged.8

**VI. Summary of Publication Pursuant to 14 C.F.R. Part 11:**  The following summary is provided for publication in the Federal Register, should it be determin ed that publication is needed: SOKY Drones, LLC (Donald P. Smith , owner) seeks an exemption from the following rules: 14 CFR 21, Subpart H; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.119 (c) ; 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) (1) & (2); 14 CFR 91.417 (a) & (b) to operate small , unmanned aircraft system s (UAS’s) for commercial image acquisition operations. As established by the UAS exemptions al ready granted by the FAA, allowing commercial operations of UAS’ s in agriculture, real estate, inspection, and S earch & R escue operations will enhance safety by reducing risk. Conventional aerial operations using piston and turbine powered aircraft, operate at low altitudes and present the risks associated with aircraft that weigh 2,000 pounds or more, and carry large amounts combustible fuel. Such aircraft must also fly to and from the target location. In contrast, a UAS weighin g less than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to target site. The UAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights. 

### The operation of the UAS conducted in the strict conditions proposed will provide an equivalent level of safety supporting the grant of the exemption requested herein. The UAS will operate at slow speeds, close to the ground, and in a secure environment. As a result, they are far safer than conventional operations conducted with piston and turbine aircraft flying near the ground and people. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security) provide more than adequate justificat ion to grant SOKY Drones, LLC and Donald P. Smith the requ ested exemption, allowing commercial operation s of the applicant’s UAS.

Respectfully Submitted,

Donald P. Smith Owner: SOKY Drones, LLC