Federal Aviation Administration

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12140 1200 New Jersey Avenue, SE Washington, DC 20590 September 4, 2015 To whom it may concern, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), P .L. 112

- 95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11, I, Phillip M. Childers II seek an exemption from the Federal Aviation Regulations ("FARs") and listed below : 14 C.F.R. Part 21 14 C.F.R. 45.23 14 C.F.R. 61.3 14 C.F.R. 61.23 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 61.133(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9 14 C.F.R. 91.109(a) 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 14 C.F.R. Subpart E (91.401

- 91.417) The requested exemption would au thorize commercial operations for aerial surveying, photography, videography, and voluntary Search and Rescue operations . These operations will be subject to strict operating conditions defined by the UAV manufacturer’s standards and procedures in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts. Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS. **Proposed Use** The main use of this UAS would be taking photos and videos for real estate and agricultural surveying

. The UAS systems that I pl an to use is a DJI INSPIRE 1 and will be referenced in this document. 1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always flying the UAS within visual eye contact, less than 400 ft. above ground and never di rectly above persons or public places. The orientation of flights will be such that the pilot in command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety features on the DJI INSPIRE 1 include, return to home, low voltage, enhanced failsafe along with operating in the less populated 2.4

- 2.483 GHZ frequency range.2. Pre

-flight inspection would be checking battery condition/level in both the transmitter and UAS.

The binding/link feature will not let the UAS start if commu nication is not established. A check for power lines, antennas and other overhead objects would be performed. Wind conditions would be monitored and be a factor for flying. 3. The radio frequency of the DJI INSPIRE 1 is in the 2.4

- 2.483 GHZ range. The ma ximum take

- off weight less than 12 00g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 m/s. The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s. 4. The PIC will be only Phillip M. Childers II who has been an RC Aircraft h obbyist for 5+ years. Testing, updating, and programming the DJI INSPIRE 1 firmware wou l d be done regularly. Along with the PIC, a VO (visual observer) will also aide in creating a safer environment by keeping the aircraft within VLOS of himself/herself, and also by communicating possible hazards to the PIC during flight. 5. The intended use of this DJI INSPIRE 1 is to expand my independent business by offering aerial photography to real tors, builders, contractors, agriculturists, and voluntarily to local Search and Rescue teams. 6. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata recorded on a hard drive and backed up to cloud stora ge services. This data would be kept readily available for a period of 1 year after each aerial flight for hire. 7. The proposed flight time will be the lesser of 30 minutes or the time

- duration of the UAV battery. If planned operation requires, I will also file for a Certificate of Waiver or Authorization (COA). In the event that a COA request is not granted the petitioner would ask that this request for exemption still be granted with a conditional use. The DJI INSPIRE 1 will never be flown in the flight path of manned aircraft. The first condition listed to al ways keep visual eye cont act on the rear LED flight indicator is probably the most important. My main objective is to offer aerial photography and videography to the general public in the safest way possible. **Public Interest:** Granting my request would be in public interest by lo wering cost and risk of aerial surveying, while increasing the safety factor . By eliminating the use of a manned aircraft, the safety of the public is increased , also with a lowered cost of aerial photography, videography, and more accessible resources for Search and Rescue operations. This exemption would not adversely affect the safety of the general publ ic due to the size, weight, and keeping of the UAS in visual sight. The safety mechanisms of the herein describe d UAS provide further protections when the PIC is no longer in control of the UAS. In compari sons to aerial photography from manned aircraft, low altitude photography from a UAS would be safer an d have less of an environmental impact. Thank you, Phillip M . Childers II Phillip.max.childers@gmai l.com 620 Belmont Street Alliance, Nebraska 69301**EXEMPTION REQUEST A ND EQUIVA** **LENT LEVEL OF SA FETY**  **SHOWINGS UNDER**

**AP PLICA** **BLE RULES SUBJECT TO EXEMPTION** 
Phillip M. Childers II requests an exemption from the following regula tions as well as any additional regulations that may technically apply to the operation of the DJI Inspire 1 ("UAV”): **14 C.F.R. Part 21, Subpart H: A irw**  **orthiness Certificates 14 CFR § 91.203** Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subp art H, entitled Airworthiness Certificates, establishes the procedural requirements fo r the issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the size of the UAV, they are very light weight and the limited operating area associate d with their utilization, it is unnecessary t o go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of s afety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certifi cate, upon consideration of the size, weight, speed, operation al capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates t hat the UAV operated without an airworthiness certificate, under the conditions proposed in that exemptio n, will be at l east as safe, or safer, than a conventional aircraft with an airworthiness certificate. **14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks**  These regulations provide that each aircraft must display "N" and the aircraft' s registration n umber in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot stati on. Given the size of the UAVs, this requirement is impossible to match. **14. C.F.R. §61.23: Medical certificates: Requirement and duration** Regulations provide that a person: (1) Must hold a first

- class medical certificate:  When exercising the pilot

- in

- command privileges of an airline transport pilot certificate;  When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that req uires three or more pilots; or  When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising:  Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or  Privileges of a commercial pilot certificate Given the size of the UAV, its structure, the limited flight area, and the sa fety features integrated in t he autopilot (among others a flight ter mination system), Phillip M. Childers II believes that an Equivalent Level of Safety can be reached if the operator has a valid driver's license.**14 C.F.R. § 61.3: Requirements for certificates, ratings and authoriza tions** 

**14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in**  **Command; Commercial Pilot Privileges and Limitations**  The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraf t of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft wh en exercising the privileges of that pilot ce rtificate or authorization. However, when the aircra ft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also th at no person that holds a private pilot certificate may act as pilo t in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot t o act as pilot in command of an aircraft in connection with any business or employment if:  (1) The flight is only incidental to that business or employment;  (3) The aircraft does not carry passengers or property for compensation or hire. Given the safety features of the UAV, Phillip M. Childers II proposes that ope rators of the UAV should not be required to hold a commercial or private pilot certification. The equ iva lent level of safety will be achieved by having an operator trained UAV manufacturer, and using the integrated features of the aircraft to maintain a high level of safety during the different missions. **14 C.F.R. § 91.7(a): Civil aircraft airworthiness** Subpart H, entitled Airworthiness Certificates, establishes the procedura l requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size an d limited operating area associated with the aircraft to be utilized by the Applicant, an exempti on 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 Refor m 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 popul ated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates t hat 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 o r rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. **14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements** The equivalent level of safety will be achieved by keeping a hard copy of the user manual withi n close proximity to the operator. The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAV wil l see the identification of the UAS as "Expe rimental." The FAA has issued the following exemptions t o this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R. § 91.109(a): Flight Instruction**The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fu lly functioning dual controls." The equivalent level of safety during the in

-flight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's trai n ing program and through the use of experienced and qualified instructors familiar with the UAV. **14 C.F.R. § 91.119: Minimum Safe A ltitudes**  Section 91.119 establishes safe altitudes for operation of civil aircraft. T he exemption requests authority to ope rate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to opera tions without their pre

- obtained consent. 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 w ith aircraft weighing far more than tho se proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. **14 C.F.R. 91.121: A ltimeter settings**  This regulation requires each person operating an aircraft to maintain cr uising altitude by reference to an altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAV may not have a barometric altime ter, but instead a GPS altitude read out, an exemption is requested. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 C .F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  The regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the UAVs are electric

- powered, this requirement is inappl icable. In any event, given the contemplated operations, Phillip M. Childers II believes that an equivalent level of safety is already achieved with the specific proc edure preventing the UAVs accepting a take

- off order if the battery level is below a given value. Moreover, the manufacturers have integrated low and crit ical battery level warnings and implemented a "return to home" action in these situations. **14 C.F.R. § 91.203 (a) & (b): Carry** **ing Civil A ircraft Certification and Registration**  This regulation provides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.• No person may operate a civil a ircraft 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. An equivalent level o f safety will be achieved by keeping these docume nts at the ground control point where the pilot flying the UAV will have immediate access to them; to th e extent they are applicable to such UAV. The FAA has issued numerous exemptions to this regulat ion. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 C.F.R. Subpart E (91.401 -**  **91.417): Maintenance, Preventive Maintenance, and Al**  **terations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragr aphs 91 A07 and 91 .409 require the aircraft to be "approved for return to service by a person authorize d under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Phillip M. Childers II proposes that the maintenance of the UAVs will be accomplished by himself, as the owner of the UAVs, according to the manufacturer supplied user manual. Given that these section and Part 43 apply only to aircraft with an a irworthiness certificate, these sections will not apply to the applicant Maintenance will be accomplished by the oper ator pursuant to the flight manual and operating handbook as referenced herein. An equ ivalent level of safety will be achieved because these small UAVs are very limited in size and will ca rry a small payload and operate only in restricted areas for limited periods of time. If mechan ica l issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. 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. Moreover, the operator is the person most fami liar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.