Albert Willard, Norwalk, CT Section 333 Exemption Petition

November 12, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Re form Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b) ; 14 C.F.R. Part 21 ; 14 C.F.R. 61.113(a)&(b) ; 91.7(a) ; 91.9(b) (2) ; 91.103(b) ; 91.109 ; 119.121 ; 91.151(a) ; 91.203(a)&(b) ; 91.405(a) ; 91.407(a) (1) ; 91.409(a) (2) ; 91.417(a)&(b)

Dear Sir or Madam,

I, Albert Willard, hereby petition the Secretary of Transportation and Federal Aviation Administration for exemption to the above referenced and below more fully described Federal Aviation Regulations ( “ FARs ” ), that currently may or may not apply to the recreational/business operations of model aircraft includ ing small unmanned aerial systems ( “ UAS ” s) within the National Airspace.

Pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, Petition that I, Albert Willard, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ( “ FARs ” ) listed below so that I, Albert Willard, may operate my sma ll ultra-lightweight unmanned aircraft system ( “ UAS ” ) commercially in airspace regulated by the Federal Aviation Administration ( “ FAA ” ). As described herein I, Albert Willard, am a li censed Private Pilot, Rotorcraft (Certificate # 3813753) with current Third Class Medical Certificate ; experienced in flying hobby model helicopters/airplanes and manned rotorcraft aircra ft for recreational purposes. I acquired the DJI Inspire 1 1 quadcopter UAS with the intent to conduct aerial photog raphy including, but not limited to the following business se ctors: Real Estate Marketing, Municipality Promotions, Golf Course Management, Wedding Events, Construc tion Surveillance, Agricultural Management, Insurance Reconnaissance, Equipment Insp ections; over land, wa terways, and oceans ; operation

over/in non-restricted National Pa rks, National Forests, flight in non-navigable airspace, using nonintrusive recording devices, oper ation in otherwise unrestricted U.S. States/Territories for commercial aerial videography/cinematography ope rations and to enhance academic/community awareness for those individuals and companies unfamiliar with the geogra phical layout of such

areas.

As described more fully below, the request ed exemption would permit the operation of

UAS under controlled conditions in airspace that is 1) limited ; 2) predetermined in

1 Serial Number W13DCA18020023Albert Willard, Norwalk, CT Section 333 Exemption Petition

areas away from general public, airports, helipor ts and vehicular traffi c for community videos, and within property boundaries for individual homeowner real estate listing videos/photos ; 3) over private or controlled access pr operty with the property owner ’ s consent and knowledge and that only people who have consented or otherw ise have agreed to be in the area where videography will take place and 3) controlled as to access. The exemption would also provide safety enhancements to the already safe opera tions within the aerial photography, film and television industry presently using conventional aircraft and small, unmanned and relatively inexpensive UASs.

Currently, similar lightweight, remote controlle d UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent ca tastrophe. I will operate my UAS in compliance with all safety protocols and controls 2 to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to aerial video and photography usag e as I record flight data and other information gained through perm itted flight operations to share with the FAA through any required FAA reports to assist with future prot ocol and safety regulation.

Granting my request comports with the Secretary of Transportation ’ s (FAA Administrator ’ s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to

“ ...establish requirements for the sa fe operation of such aircraft systems [UAS's] in the national airspace system ” under Section 333(c) of the Reform Act specific to the use of UAS's for commercial purposes. Further I will conduct my ope rations in compliance with the protocols

described herein or as othe rwise established by the FAA.

For the reasons stated below I respectfully requ est the grant of an exemption allowing me to operate ultra-lightweight , remote controlled UAS ’ s for academic community awareness,

benefit/stimulate residential/business develo pment within Connectic ut, general aerial photography, and to enhance real estate listin g videos for homeowners who cannot afford expensive manned aircraft for the same purpos e, all of which will promote local economic growth through increased employment and increase d tax base. Both with public safety in mind by keeping heavier manned aircraft containing co mbustible fuel that that possess potential public

hazard.

I. Contact Information:

Albert Willard 6 Trolley Place Norwalk, CT 06853 Telephone: (203) 831-8771 Mobile: (203) 219-7599

Email: willard2@optonline.net

2 Safety Protocols & Controls Inspire One User Manual in addition to Minimum VFR regulationsAlbert Willard, Norwalk, CT Section 333 Exemption Petition

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Albert Willard Requests Exemption are:

14 CFR 21 ; 14 C.F.R. 45.23(b) ; 14 CFR 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 ; 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) & (b) ; 14 C.F.R. 91.405 (a) ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (2) ; and, 14 CFR 417 (a) & (b).

III. The Extent of relief Albert Willard s eeks and the Reason He Seeks Such Relief:

I, Albert Willard, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331334, seeking relief from any currently applicab le FARs operating to prevent me, Albert Willard, from conducting commercial cinematic, acad emic and other flight operations within the national airspace system. The Refo rm Act in Section 332 provides for such integration of civil unmanned aircraft systems in to our national airspace syst em as it is in the public ’ s interest to do so. My ultra-light weight UAS meets the definition of “ small unmanned aircraft ” as defined in

Section 331 and therefore the integration of my ultra-light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra-lightweight UAS prior to the time period by which the Reform Ac t requires the FAA to promulga te rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all UAS aerial vi deo and photography. The Reform Act guides the Secretary in determining the type s of UASs that may operate sa fely in our national airspace system. Considerations include: The weight, size, speed and overa ll 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 lin e of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Albert Willard. My UAS ut ilizes four (4) counter-r otating propellers for balance, control and stability. My UAS is equipp ed with GPS and auto return safety technology. Weighing less than seve n (7) pounds (far below the maximum 55 pound limit) ; including camera with gimbal.Albert Willard, Norwalk, CT Section 333 Exemption Petition

Safety comes first and foremost with each flight . The DJI Inspire 1 UAS is designed to hover in place utilizing GPS or Optical Sensor cont rol and operate in less than a 10 m/s wind (approximately 22 mph) wind. The UAS will not be operated with winds exceeding 7 m/s (15 mph). Built in failsafe systems include a G PS mode whereby the UAS will hover motionless

when radio control is lost , then execute a preset “ Return to Home ” command. The Positioning

Mode 3 will be used for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication to the UAS is lost, the UAS is designed to ascend to a preset altitude AGL, return to the coordinates at takeoff, or near the control transmitter when utilizing Dynamic M ode, and descend to a safe unassisted landing. The UAS will not be operated within 5 miles of airports, and areas where general public is within fifty to one hundred (50-100) ya rds, depending on location, conditi ons and weather. A constant awareness of any manned aircraft is maintained at all times. S hould any manned aircraft near the area, the UAS will be landed immediately to th e nearest and safest ground point. The UAS is capable of vertical and horizontal operations, a nd will be flown only within line of sight. The UAS uses battery power rather than combustible fu els, with flights generally lasting between ten (10) to fifteen (15) minutes, with an altitude under four hundr ed (400) feet AGL.

Fully charged batteries are mandato ry with each flight as a safety precaution. Full flight duration for each battery is eighteen (18) to twenty-two (22) minutes as tested. The UAS will not be operated at or below manufacture recommend mini mum charge levels for operation, preferring to remain well within a safe operating range to insure adequate comm unication between radio control transmitter and UAS to eliminate potential for crash, loss of control or hazard. Reserve

batteries are at hand with each exercise to in sure replacement for sufficient safe level of operation. Every precaution will be employed to minimize risk of failure that may create a hazard to the public and/or property.

I have logged 40+ hours of fli ght time in remote locations as a hobbyist, simulating flights for future commercial use to gain familiarization w ith the characteristics of this specific UAS's performance under different temper ature and weather conditions.

The UAS/ultra-lightweight unmanned aircraft will not be operated in such a manner so as to

“ create a hazard to users of the nati onal airspace system or the public. ” 112 P.L. 95 § 333 (b). Given the small size and weight of th e UAS, it falls well within Congress ’ contemplated safety zone when it promulgated the Reform Act and the corresponding directiv e to integrate UAS's into the national airspace system.

3 Positioning Mode includes GPS, Vision Positioning Sensors, and Barometer for position hold, self-leveling, attitude command, G PS, return home and dynamic return to home feature, and safety cont rol to return home or land in the event of communication interru ption

between RC transmitter and UAS. See “ Flight Mode ” in Inspire 1 User Manual AddendumAlbert Willard, Norwalk, CT Section 333 Exemption Petition

IV. How Albert Willard ’ s Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft a nd helicopters. For sm all budget real estate companies and average homeowners the expense of such aerial videogra phy is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such an expense, depriving non-luxury homeown ers and lower budget Realtors from a valuable marketing tool. The public ’ s interest is additionally furthe red by allowing small businesses to afford the otherwise cost prohibitive aerial photography with manned aircraft.

Congress has already proclaimed that it is in the public ’ s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my exemption request furthers the public inte rest through academic/visual awareness of the geographical benefits in and around the State of Connecticut. The DJI Inspire 1 UAS is light weight, battery powered and creates no emissi ons that can harm the environment. The consequence of my ultra-lightweight UAS crashing is far less than a full size helic opter or fixed wing aircraft ; which are heavy, contain combustible fuel and can cause catas trophic devastation to the public.

Manned aircraft can pose a threat to the public through potential catastrophic crash that many local communities have experienced.. These have resulted in a loss of life and endangered the public with combustible fuel that burned on imp act. The UAS poses no such threat since size and

lack of combustible fuel alleviat es any potential threat to the public. Additionally, this actually furthers the public ’ s interest by making it safer for bus iness to conduct aerial photography and videography without such risks.

The public ’ s interest is furthered by minimizing ecologi cal and crash threat by permitting aerial video/photo capture through my battery operated ultra-light weight UAS's. Permitting me to immediately fly within nationa l air space furthers economic growth. Granting my exemption request substantially furthers th e economic impact within the State of Connecticut for companies looking to relocate or build in Co nnecticut as well as individuals looking to relocate for career advancement through academic and geographical awareness, both of which serve as a stimulus to the community.Albert Willard, Norwalk, CT Section 333 Exemption Petition

V. Reasons Why Albert Willard ’ s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My exemption will not adversely affect safet y. Quite the contrary, fo r the reasons stated permitting me to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovati on and implementation of new and novel, as of yet undiscovered safety protocols for developmen t in cooperation with the FAA. In addition I submit the following representations of enha ncements to current aerial videography and photography:

A. My UAS weighs less than 7 pounds complete with a small ultra-light weight high quality camera ;
B. The UAS will be operated below the 400 foot AGL permissible ceiling Set forth by the FAA Moderniza tion and Reform Act of 2012);

C. The UAS will only be operated for 18 - 22 minutes per flight ;
D. The UAS will be landed prior to 20% Remaining Battery Level ;
E. The UAS will be operated only within line of sight ; F. UAS flights will be assisted with a visual observer present ;
G. The UAS has Failsafe RTH 4 , a flight safety feature wh ereby it hovers, ascends to a preset altitude AGL, flies the most direct, level course to the takeoff position, then

lands unassisted if communication with th e remote control pilot is lost for

3 seconds ; H. The UAS has GPS and a Vision Positioning System utilizing two sonar sensors and one monocular camera for positioning and to identify the

current aircraft ’ s position ;
I. The UAS has a flight recorder and I act ively analyze flight data and other

sources of information to constantly update and enhance safety protocols ;
J. The UAS will be operated only in a safe environment that is controlled,

away from power lines, elevat ed lights, airports and actively populated areas ;
K. E xtensive preflight inspections and protocol per the Inspire 1

User Manual are mandatory for each flight;

L. All necessary permissions will be obtained prior to operation ;
M. In the event of potential da nger, the flight will be a borted and the UAV will be landed

Immediately.

4 Page 15 Inspire 1 User Manual AddendumAlbert Willard, Norwalk, CT Section 333 Exemption Petition

N. The UAS will only be operated well within “ flight environment requirements 5 ” & visual meteorological conditions (VMC). O. The UAS will only be operated 6 when VFR flight conditions prevail. P. Only I, Albert Willard, a licensed Private Pilot, Rotorcraft (Certificate #3813753) with cu rrent Third Class Medical Cer tificate, act as Pilot in Command during flights. Q. The UAS manufacturer ’ s aircraft/component, maintenance, overhaul, replacement, inspection, and lif e limit requirements will be strictly

adhered to. R. The operating documents/manual will be accessible during UAS operations and made available upon request. S. Prior to flight, the aircraft will under go a pre-flight inspection and the PIC will follow the published checklist 7

My safety protocols 6 provide a level of safety equal to or ex ceeding existing rules. It is important to note that absent the integration of comm ercial UAS into our national airspace system, helicopters are the primary m eans of aerial video and photography for community awareness, real estate, and marketing purposes . While the safety record of such helicopters is remarkably astounding, there have been in cidents involving loss of life as well as extensive property damage ; it is far safer to operate a batt ery powered ultra-light weight UAS.

 First, the potential loss of life is diminish ed because UAS's carry no people on board and I only operate my UAS in specific areas away from mass populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.

 Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

 Fourth, given its small size and weight, ev en when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airw orthiness Certificates, Manuals and

The Like.

14 C.F.R. 21, Subpart H, entitled Airw orthiness Certificates, sets forth requirements for procurement of necessa ry airworthiness certificates in

relation to FAR § 91.203(a)(1). The size, weight and enclosed

5 Flight Environment Requirements Page 45 Inspire 1 User Manual Addendum.

6 Operating within Flight Limitations & Procedur es outlined in User Manual, AR listed above, visual meteorological conditions (or VMC), & any Applicable FARs

7 See Inspire 1 Pre-Flight/Flight/Post-Flight Checklist AddendumAlbert Willard, Norwalk, CT Section 333 Exemption Petition

operational area of the UAS permits ex emption from Part 21 because the UAS meets (and exceeds) an equivale nt level of safety pursuant to

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft

from the airworthiness certificat e 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 exem pt UAS's from the airworthiness certificate requirement in consider ation of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My current and projected UAS's meet or exceed each of the

elements.

14 C.F.R. 91.7(a) prohibits the opera tion of an aircraft without an

airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, th is Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or pa ssengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety /flight manual delineating areas of where safety can be defined. 10 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.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as my UAS utilizes electronic global positioning systems with a

barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for th e 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 any such required cert ifications and re gistrations by me,

Albert Willard.

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

Applicable Codes of Federal Regulati on require aircraft to be marked according to certain specifications. My UAS is, by definition, unmanned. They therefore do not have a cabin, co ckpit or pilot station on which to mark certain words or phra ses. Further, two inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exempti ons Nos. 8738, 10167, 10167A and 10700.Albert Willard, Norwalk, CT Section 333 Exemption Petition

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

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to Noncommercial operations. I, Albert Willard, can achieve an equivalent level of safety as ach ieved by current Re gulations because the UAS does not carry any pilots or passengers. The risks attended to the operation of the UAS is far less than the risk levels inherent in the

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the UAS operation to meet and exceed current safety levels in relation

to 14 C.F.R. § 61.113 (a) & (b). In addition, Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating th e Astraeus UAS would not adversely affect operations in the NAS or pres ent a hazard to persons or property on the ground.

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

14 C.F.R. § 91.119 prescribes safe altitude s for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. The UAS will never operate at an altitude greater than 400

AGL ; safely below the standard of 400 AGL. I will however operate the UAS in safe areas away from public a nd traffic, providing a level of safety at least equivalent to or below those in relation to minimu m safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher 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 pres cribed in subpart E of this part and shall between required inspections, except as provided in paragr aph (c) of this section, have discrepancies re paired as prescribed in part 43 of this chapter.

These Regulations only apply to aircraft w ith an airworthiness certificate. They will not, therefore, apply to my UAS. However, as a safety precaution I will inspect the UAS before and after each flight and the UAS will be maintained per the

manufacturer ’ s aircraft/component, maintenance, ove rhaul, replacement, inspection, and life limit requirements.Albert Willard, Norwalk, CT Section 333 Exemption Petition

In summary, Albert Willard seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H ; 14 C.F.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.F.R. § 91.409 (a)(2) ; 14 C.F.R. § 91.409 (a ) (2) ; and, 14 C.F.R.

§§ 91.417 (a) & (b) to commercially operate the DJI Inspire1 li ghtweight unma nned aircraft
system for aerial photography/inspection includi ng. but not limited to the following business sectors: Real Estate Marketing, Municipality Promotions, Golf Course Management, Wedding
Events, Construction Surveillance, Insurance Re connaissance, Equipment Inspections; over land,
waterways, and oceans ; operation over/in non-restri cted National Parks, National Forests, flight
in non-navigable airspace, using nonintrusive recording devices, operation in otherwise

unrestricted U.S. States/Territories for aer ial videography/cinemat ography for commercial operation and to enhance academic/community awareness for those individuals and companies unfamiliar with the geographi cal layout of such areas.

Currently, area awareness and real estate aeria l videography/photography relies primarily on the use of larger aircraft running on combustible fu el, posing potential risk to the public. Granting my request for exemption will reduce current risk levels and thereby enhance safety. My UAS does not contain potentially explosive fuel, is smaller, lighter and mo re maneuverable than conventional photographic aircraft with much le ss flight time. Furthe r, I operate at lower altitudes and in controlled airspace eliminat ing potential public risk flying to and from

established airfields.

There are no personnel on board the UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. The operati on of the UAS, weighing less than 7 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I re spectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully Submitted,

Albert Willard 6 Trolley Place Norwalk, CT 06853

ADDENDUMS:

Addendum I: Inspire 1 User ’ s Manual Addendum II: Inspire 1 Safety Guidelines Addendum III: Inspire 1 Checklist