United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of 20121 (the "Reform Act") and 

the procedures contained in 14 C.F.R. 11, to request that I David Arsenault, an owner and operator 

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

below so that David Arsenault, may operate 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. The conditions of use identified and proposed by the applicant are:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

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

events, and news gathering. 

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

owners or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and communication towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

Page 1 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
6. UAS Training to persons individually or belonging to the Civil Air Patrol and/or private and 

public organizations to increase awareness and improve safety for current and future UAS 

operations within the national air space. 

As identified and described herein, I David Arsenault, an FAA private pilot, recognized FCC radio 

technician and a avid RC model operator for over thirty five (35) years, would only enhance and 

promote, safe commercial operation's of UAS within the national air space. Furthermore, David 

Arsenault has rejected all offers to provide commercial operation of any UAS services to date, 

within the United States, to ensure he is in compliance with any applicable FARs.

Granting David Arsenault's request comports with the Secretary of Transportation's (FAA 

Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to 

" ... establish requirements for the safe operation of such aircraft systems [UASs] in the national 

airspace system" under Section 333(c) of the Reform Act. Further, David Arsenault will conduct its 

commercial UAS operations in compliance with the protocols described herein or as otherwise 

established by the FAA. 

1

David Arsenault respectfully requests the grant of an exemption allowing it to operate lightweight, 

remote controlled UAS's. 

The Specific Sections of Title 14 of the Code of Federal Regulations, David Arsenault Requests 

Exemption are: 

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 

14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b). 

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) 

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 

(a) (2);91.417 (a) & (b). 

The Extent of Relief David Arsenault Seeks and the Reason It Seeks Such Relief: 

David Arsenault submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-

334, seeking relief from any currently applicable FARs in order to operate a YUNEEC Q500 and a 

Page 2 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
DJI PHANTOM 3 for contemplated commercial, research and other flight operations within the 

national airspace system. The Reform Act 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. David Arsenault's 

lightweight UASs meet the definition of "small unmanned aircraft" as deemed in Section 331 and 

therefore the integration of David Arsenault's lightweight UASs are expressly contemplated by the 

Reform Act. David Arsenault would like to operate lightweight UASs 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 UASs 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 militates in favor of an exemption for David Arsenault.

David Arsenault UAS's utilizes four counter-rotating propellers for extreme balance, control and 

stability. They each weigh less than 55 pounds, including equipment. Each of David Arsenault's 

small unmanned aircraft are designed to primarily hover in place and operate at less than a 40 knot 

maximum speed. They are capable of vertical and horizontal operations but operate only within the 

line of sight of the pilot in command. 

Utilizing battery power, flights generally last between five and twenty minutes. Safety systems in 

place include a GPS mode that allows David Arsenault to hover in place if communication with the 

radio control pilot is lost and then slowly descend the UAS. Further, the UAS could be programmed, 

in some instances, to slowly follow the pilot command Utilizing the on board GPS system. The UAS 

operating software and GPS navigation systems do not allow any of David Arsenault's UAS aircraft 

to operate near airports or restricted fly zones. The fail-safe software will disable the UAS vehicles 

from taking off and also limit the UAS systems from operating within specific GPS preset no-fly 

zones. Furthermore, David Arsenault will comply with all TFR's, operation of 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). 2 Given the small size and weight of the UASs, combined with their operation in cordoned 

off and well-controlled areas, David Arsenault fleet falls within Congress's contemplated safety zone 

when it promulgated the Reform Act and the corresponding directive to integrate UASs into the 

national airspace system. 

The FAA has the authority to issue the exemption to David Arsenault pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). Commercial and Public Benefits 

Page 3 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
Granting David Arsenault this exemption request furthers the public interest. First, Congress has 

already pronounced that it is in the public's interest to integrate commercially flown UASs into the 

national airspace system, hence the passing of the Reform Act. Second, as a pilot David Arsenault 

promotes and encourages safe UAS operations every time one of his UASs takes flight. Third, the 

public has an interest in reducing the danger and emission associated with current aerial video 

capture methods, namely, full size helicopters. David Arsenault's UASs are battery powered and 

create no emissions. If an UAS crashes no fuel would ignite or explode. The impact of lightweight 

UASs is far less than a full size helicopter. 

Congress mandated the integration of UASs into our national airspace system, in part, to achieve 

progression in this noteworthy, and inevitable, field. Permitting David Arsenault to immediately fly 

within the United States furthers these goals. 

Reasons Why Granting David Arsenault an Exemption Will Not Adversely Affect Safety Or How 

The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Permitting David Arsenault to log more flight time in FAA controlled airspace will allow innovation 

and implementation of new and as of yet undiscovered safety protocols. In addition, David Arsenault 

submits the following representations of enhancements to current aerial video capture methods. 

• UASs weigh less than 55 pounds.

• David Arsenault only operates its UASs below 400 feet.

• UASs only operate for 5-25 minutes per flight

• The pilot in command operates UASs by line of sight

• UASs have GPS flight modes whereby they hover and then slowly land if communication with the 

remote control pilot is lost.

Page 4 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
• David Arsenault actively analyzes electronic flight data and other sources of information to 

constantly update and enhance safety protocols.

• David Arsenault is a licensed pilot.

UASs carry no people on board and David Arsenault operates them in specific areas away from mass 

populations. Lastly, given their small size and weight, even when close enough to capture amazing 

images, UASs need not be so close to the objects they are focused on. 

3 

A Summary The FAA May Publish in the Federal Register: 

A. 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 UASs permits exemption from Part 21 because UASs meet an 

equivalent level of safety pursuant to Section 333 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 U ASs 

from the airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. David Arsenault's 

UASs 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 UASs, 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, 9565B, 10167, 10167A, 10602, 10700 and 32827. 

Page 5 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as UASs 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 maintained by David Arsenault.

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. UASs 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. Regardless, David Arsenault will mark its UASs in the largest possible 

lettering. 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: Pilot In Command (PIC).

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. 

David Arsenault can achieve an equivalent level of safety as achieved by current Regulations 

because UASs do not carry any pilots or passengers. Further, the risks attendant to the operation of 

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

et seq. Thus, allowing Network Media Services to operate its UASs with a private pilot license as the 

pilot in command will exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b) 

4

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. David Arsenault will never operate at an altitude 

greater than 400 AGL. 

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

Page 6 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
The above-cited Regulations require, amongst other things, aircraft owners and operators to "have 

[the] aircraft inspected as prescribed in sub-part 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 David Arsenault should its requested exemption be granted. David Arsenault 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. 

I David Arsenault plan to pilot a UAS, YUNEEC Q500 and a DJI PHANTOM 3 which is comprised 

of an unmanned aircraft and a transportable ground station. Both the YUNEEC Q500 and Phantom 3 

is referred to as a quad-copter UAS, with a maximum gross takeoff weight of about 3 pounds each. 

Both are equipped with rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of about 16 m/s.

David Arsenault 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 

its fleet of small unmanned vehicles and lightweight unmanned aircraft.

Granting David Arsenault request for exemption will reduce current risk levels and thereby enhance 

safety. 

David Arsenault respectfully requests that the FAA grant its exemption request without delay. The 

FAA has the authority to issue the exemption sought by David Arsenault pursuant to the Federal 

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

Sincerely, David M. Arsenault

Page 7 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016
David M. Arsenault

153 McKishen Rd

Pittsgrove NJ 08318

5

Page 8 of 8

file:///C:/Program%20Files%20(x86)/Documentum/CTS/docbases/ProDocbase/config/tem... 1/4/2016