U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 October 15, 2015
Attn: FAA Administrator RE: Exemption Request Section 333 of the FAA reform Act and part 11 of FAA regulations.

Dear Administrator,
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C. F. R. Part 11, Barry Walter Andersen dba Aerial Photographics, hereby applies for an exemption from the following: 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). Barry Andersen holds an instrument rate private pilot certificate and has over 500 ho urs as PIC in the airspace that the sUAS will be operating in. The requested exemption would permit the operation of a small, unmanned sUAS under controlled conditions. The requested exemption would permit Barry Andersen (hereafter referred to as the app licant) to conduct commercial aerial photographic activities to promote real estate, construction site monitoring, mapping, and photographs and/or video for reports and promotion. The applicant participated in beta testing the FAA B4U fly program and is fully aware of the requirements of using an sUAV in the NAS. Further he has reviewed the proposed Part 107 guidelines and applauds the FAA’s work to establish sensible guidelines fo r use of sUAS aircraft in the NAS. The applicant has over 20 hours of flight time with Inspire T600 sUAS. Moreover he has been flying radio control aircraft for over 30 years and holds Leader/Administrator status with the Academy of Model Aviation.

Ae rial Photographics will utilize a DJI Inspire T600 quadcopter. N227BA has been reserved for this aircraft and an application for approval has been filed.The DJI Inspire meets all requirements for sUAS operations and has been

approved for use in many of the 333 exemptions granted to date.

**STATUTORY AUTHORITY FOR EXEMPTIONS** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS's, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemptio n in the public interest. 49 U.S.C. §44701(f) Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national s ecurity. In making this determination, the Secretary must consider: • The UAS's size, weight, speed, and operational capability; • Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly popu lated areas and away from close proximity to airports Reform Act §333(a). If the Secretary determines that a s UAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. §333(c). The applicants sUAS's is a quadcopter, weighing 10 pounds or less including payload. It operate s under normal conditions at a speed o f no more than 4 0 knots and has the capability to hover, and move in the vertica l and horizontal plane simultaneously. The Inspire sUAS will operate only in the pilot's vi sual line of sight at all times.
**PUBLIC INTEREST** This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemakingrequired under Section 332 of the Reform Act. By granting an exemption the

FAA will fulfill Congress's intent of allowing s UAS's to operate with significant safety precautions in low risk environments. The use of an sUAS in lieu of a fixed wing aircraft, or helicopter lowers costs to the client, uses no fossil fuel, and provides an enhanced level of safety.

**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY**
1. The s UAV weigh s less than 10 lbs. 2. Flights will be operated w ithin line of sight of operator. 3. Maximum total flight time for each operational flight will be 2 0 minutes. Flights will be terminated at 15% battery power reserve should that occur prior to the 2 0 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL

. 5. The applicant is a trained s UAV operator and thoroughly understands the proper safety and operations of the s UAV. The applicant holds an instrument rated private pilot certificate. 6. The s UAV will only operate within a controlled area

. 7. Notice will be given to those around the controlled area. 8. If the s UAV loses communications or loses its GPS signal, the Inspire
s UAS has capability to return to a pre

- determined safe location and land

. 9. The s UAV has the capability to abort a flight in case of unpredicted obstacles or emergencies. 10. The sUAV will not operate over persons not directly involved in the operation. 11. Operations will only take place during daylight hours 12. The maximum airspeed of the Inspire sUAV is 40 mph 13. A preflight inspection will be made before each operation to insure safe operation. **14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §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 14 CFR Part 21 Subpart H meets the requirements of an equivalent level of safety under 14 CFR Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act b othauthorize the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the particular s UAS. In all cases, an analysis of these criteria demonstrates that an s UAS operated without an airworthiness certific ate, in a 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 Inspire sUAS weighs less than 10 lbs. carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusive ly within a limited radius area. Operations under this exemption will be tightly controlled and monitored by the applicant . These safety enhancements, which already apply to civil aircraft operated in connection with video production, provide a greater degree of safety to the public and property owners than conventional operations with fixed wing aircraft or helicopters

. **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 is no airworthiness certificate issued for the se aircraft, no FAA r egulatory standard exists for determining airworthiness. Given the size of the aircraft and the requirements contained in the DJI p rocedures for maintenance and the use of safety checklists prior to each flight, an equivalent level of safety will be provi ded. **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 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 s UAS, given its size and configuration has no ability or place to carry su ch a flight manual on or in the aircraft . As the sUAS is unmanned this requirement is not applicable. The equ ivalent level of safety will be maintained by keeping the DJI Inspire flight manual at the ground control point where the operator flying the s UAS will have immed i ate access to it. **14 CFR §61.113 (a) & (b): Private Pil ot Privileges and Limitations**  **Pilot in Command (PIC)**Sections 61.113 (a) & (b) limit private pilots to noncommerci al operations.

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operat e an sUAS. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance

. The risks associated with commercial operations of the sUAS as requested with a private pilot as the PIC, meets or exceeds the present l evel of safety achieved by 14 CFR §61.113 (a) & (b). **14 C.F.R. § 91.103: Preflight action** This regulation requires each operator 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

. An equivalent level of safety will occur through the DJI Go application and a proprietary preflight checklist. The operator will take all actions including reviewing weather, flight battery requirement s, landing and takeoff distances and aircraft performance data before initiation of flight.

**14 C.F.R. §91.109: Flight instruction :**  Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAV’s and remotely piloted aircraft, by their design do not have fully functional dual controls

. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications

. The FAA has approved exemptions for flight training without fully functional dual control s for a number of aircraft and for flight instruction in experimental aircraft

. The equivalent level of safety is 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

. Advanced flight training in open unoccupied space further enhances necessary skills. **14 CFR §91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA. As this exemption is for
an sUAS, the applicant requests authority to operate at altitudes up to 4 00 ft.AGL . Most operations will take place at 200 ft

. or less AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as location where it is operated. The low altitude operations of the sUAS will ensure separation between these small s UAS operations and the 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 the elevation of the departure airport or an appropriate altimeter setting availabl e before departure. " The DJI Inspire s UAS has both a barometric altimeter and a GPS altitude read out accurate to .5 meter.**14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and**

**Registration** The regulation provides in pertinent part : (a) Except as provided in § 91

. 715, no pe r son may operate 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 re quired 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

. The Inspire s UAS fully loaded weighs no more than 6 lbs and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAV. Moreover, no FAA ce rtification exists for this sUAS

. Registration has been applied for with N227BA reserved. Final approval is pending. When approved the N number will be placed on the Inspire. **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 a ir plane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 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 fly after that for at least 45 minutes

. " The battery powering the Inspire sUAV provides approximately 20 minutes of powered flight. G iven the limitations on the sUAV's proposed flight area, the location of its proposed operations within a predetermined area and the Inspire’s failsafe function that initiates warning of 20% battery remaining and automatic landing at 10% power remaining. Applicant believes that an equivalent level of safety can be a chieved by limiting flights to 2 0 minutes or 15% of battery power whichever happens first. This restriction would be more than adequate to return the UAV to its planned landing zone from anywhere in its limited operating area

.**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a)**  **(2); 417(a) & (b): Mai ntenance** 

**Inspections** These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed 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.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The operator will accomplish maintenance pursuant to the flight manual and operating handbook provided by DJI. An equivalent level of safety will be achieved because these
s UAS’s are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise the
s UAS can land immediately and will be operating from no highe r than 400 feet AGL

. The operator will ensure that the s 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 familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety

. **Publication Summary** Pursuant to 14 CFR 11.81(f), the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 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) and 91.417 (a) & (b) to operate commercially Small Unmanned Aircraft Systems (10 lbs or less) in photography and videography operations.**Summary of Application**

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 adequa te justification for the grant of the requested exemptions allowing commercia l operation of applicant’s sUAS for aerial videography and photography. This request is similar to previously granted exemptions #11062, 11109,11112, and 11213. Barry Andersen s upports the FAA, AMA and the sUAS community in their efforts to establish workable common sense regulations for the safe and responsible use of sUAS aircraft in the national airspace. I support the provisions outlined in the proposed part 107 sUAS NMPRM.

Respectfully submitted,

Barry Andersen Aerial Photographics
227 Rosemont Ave Fort Thomas, KY 41075
andersen@twc.com