### May 22

, 2015

Exemption No. 11682 Regulatory Docket No. FAA

–20 15

–0734

Mr. Stephen E. Van Vick l e 104 South Foxhall Lane Weyers Cave, V A 24486

Dear Mr. Van Vickl e :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated March 14, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, commercial cinematic and academic flight operations

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal R egister because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA fi nds that the requested relief from

### 2

14 CFR part 21

, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decis ion

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Stephen E. Van Vickle is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Stephen E. Van Vickl e is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

### 3

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Op erations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 f eet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective len ses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (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 ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be des ignated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. 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 operating documents must be accessible during UAS operations and made available to the Administrator u pon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon wh ich the FAA granted this exemption, then

### 4

the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any U AS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must 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 must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine 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 the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a 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 or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal G overnment. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61. 56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under th is exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flight s for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However,

### 5

training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered no nparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may 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 symbo l 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 must be made available to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the private or controlled

- access property.

19. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. 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 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

### 6

These documents must be made available to the Administrator or any law enforcem ent official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vert ical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions containe d on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities t o the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day

### 7

notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times fo r all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted a nd the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

U nless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017 , unless s ooner superseded or rescinded.

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

Enclosures

# EXEMPTION REQUEST

Section 333 of the FAA Reform Act.

MARCH 2, 2015

STEPHEN VAN VICKLE
104 South Fo x hall Lane, Weyers Cave, Va

. 24486March 14, 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 Reform Act.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), I, Stephen E Van Vickie (the applicant), planned operator of Small unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and sutvey for various industries hereby applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial operation of their sUAS, so 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.

Contact information
Stephen E. Van Vickie 104 South Foxhall Lane Weyers Cave, Virginia 24486 Phone: (540) 209-0700 Fax: (540) 437-3517 Email: Stephen@VanVickle.com

The specific section or sections of 

### 14 CFR from which I seek and exemption: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exemption from:

14 CFR Part 21 Subpart H 14 CFR § 45.23{b) 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 14 CFR 91.405 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(1) and (2) 14 CFR 91.417(a) and (b)

The extent of relief and the reason I seek the relief:
I, Stephen E Van Vickie, a commercial pilot, submit this application in accordance with the Reform Act, 112 P

. L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent me, Stephen E Van Vickie, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the

Stephen EVan VIckie- Section 333 Exemption Petition Page 1 of7public's interest to do so. My, Stephen E Van Vickie's, sUAS 1 meets the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of my sUAS i s expressly contemplated by the Reform Act. I would like to operate my sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial video and photography. The Reform Act guides the Secretary in determining the types of sUAS that may operate safely in our national airspace system

. Considerations include: The weight, size, speed and overall capabilities of the sUAS's; whether the sUAS will be operated near airports or heavily populated areas; and, Whether the sUAS will be operated by line of sight. 112 P.L. 95 

### § 333 (a)

. Each of these items reflect in favor of an exemption for me, Stephen E Van Vickie. My sUAS utilizes four ( 4) counter-rotating propellers for balance, control and stability. My sUAS is equipped with GPS and auto return safety technology. Weighing less than six (6) pounds {far below the maximum 55 pound limit); including payload.


### I, Stephen E Van Vickie, considers safety as foremost with each flight. Built in safety systems include a GPS mode that allows my sUAS to hover in place when radio controls are released. When pilot communication is lost sUAS is designed slowly descend to point of takeoff

. I do not operate my sUAS near Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather

. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal operations, and are flown only within my line of sight and my visual observer (VO), as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between five (5) to fifteen (15) minutes, with an alt i tude generally under two hundred fifty (250) feet. 

### I, Stephen E Van Vickie, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery Is (25) minutes as tested. I do not operate my sUAS at or below manufacture recommend minimum charge levels for operation 2 ; preferring to remain well within a safe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash that could create hazard to the public, property, or other manned aircraft. I have logged 1 numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific sUAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety.



### I, Stephen E Van Vickie's, am extremely cautious when operating of my sUAS will not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 333 (b)

. Given the small size and weight of my sUAS's it falls well within Congress ' s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUAS's into the national airspace system. Stephen E Van Vickie's sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

1 APPENDIX A- Phantom 2 Vision+
2 APPENDIX A- Phantom 2 Vision+ Smart Flight Battery Guidelines 3 APPENDIX B - Forms- Pilot Master log
Stephen E Van Vickie

- Section 333 Exempt i on Petition Pase 2 of7How the request would benefit the public as a whole:

Aerial videography for geographical awareness has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies the expense of such aerial videography is cost prohibit ive. Only large companies can afford to absorb such expense. Depriving lower budget business from a valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash that this area has experienced in the past with military aircraft and medical helicopter crashes. Each resulting In loss of life. Each with combustible fuel that exploded and burned on impact. My, Stephen E Van Vickie's, sUAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public's interest to integrate commercially flown sUAS's into the national airspace system, hence the passing of the Reform Act. Granting my, Stephen E Van Vickie, exemption request furthers the public interest through academic/visual awareness of the geographical benefits. My sUAS is battery powered and creates no emissions that can harm the environment. The consequence of my sUAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public

.
The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated sUAS

. Permitting me, Stephen E Van Vickie, to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the companies looking to relocate or build 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.

Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to the existing rule:
My, Stephen EVan Vickie's, exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, Stephen E Van Vickie, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols development in cooperation with the FAA. In addition I, Stephen E Van Vickie, submit the following representations of enhancements to current aerial videography and photography:

• My sUAS weighs 5.7 pounds including payload.
• My sUAS will not exceed 33

. 40 MPH (42

. 6 Knots)

. • My sUAS will only be operated by a person that is at a minimum a licensed private pilot, with at least a third class medical.

• I only operate my sUAS well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012

. • My sUAS will only operate for 5

- 15 minutes per flight.
• My sUAS meets or exceeds all FCC

**requirements.**

**"~** • I land my UAS prior to manufacturer recommended minimum level of battery power. • I pilot my UAS through remote control only by line of sight of the PIC and the visual observer.

4 APPENDIX- Forms · FCC Verifications
Stephen EVan VIckie- Section 333 Exemption Petit i on

**P~ge3or7**• My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost.

• I actively analyze flight data and other sources of information to constantly update and enhance safety protocols.

• I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights and actively populated areas.
• I conduct pre-flight inspections 5 and protocol 6

, during which safety carries primary importance.



### • I always obtains all necessary permissions prior to operation 7 • My, Stephen EVan Vickie's, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is remarkably astounding, there has been a local incident involving loss of life; it is far safer to operate a battery powered sUAS.

• First, the potential loss of life is diminished because UAS's carry no people on board and I only operates 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.

• Lastly, given its small size and weight, even 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.
Accordingly, my UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels

.

A summary that can be published in the Federal Register

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){1).

The size, weight and enclosed operational area of my, Stephen EVan Vickie's, sUAS permits exemption from Part 21 because my UAS meets (and exceeds) 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 UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to

5 APPENDIX FORMS

- Preflight Check list

6 APPENDIX FORMS- Flight Safety

7 Appendix Forms

- Flight Notification
Stephen EVan Vickie- Section 333 Exemption Petition Page 4 of7 

# ..areas such as airports and dense populations. My, Stephen E Van Vickie's, current and projected UAS's 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 on board pilots or passengers, 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. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. 

### § 91.121 regarding altimeter settings.

This is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor

.
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 achieved by maintaining any such required certifications and registrations by me, Stephen E Van Vickie.

14 C.F

. R

. 

### § 45.23: Marking of the Aircraft.
Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUAS 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 impossible to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

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. My sUAS will never operate at an altitude greater than the standard of 400 AGL. I, Stephen E Van Vickie, will however operate my sUAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level of safety will be achieved. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA

. The letter of agreement with the airport management must be made available to the Administrator upon request. The FAA

Stephen EVan Vitld e

- S ect

ion 333 Exemption P e tition Pa&e5 o l7has previously issued exemptions to this regulation in Exemptions No. 11067, 11158, 11161, 11166, 11167, 11170, 11172.

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 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.

. . . "

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Stephen E Van Vickie's, UAS. However, as a safety precaution I inspect my UAS before and after each flight. Log any discrepancies and repairs in the maintenance log 8 •

A Summary The FAA May Publish in the Federal Register:

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 my UAS permits exemption from Part 21 because my, Stephen EVan Vickie's, sUAS meets 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 sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds 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 UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

Any additional Information, views or argument available to support your request. Currently, area awareness and aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Stephen EVan Vickie's, request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established

8 APPENDIX- Forms

- Maintenance Log
Stephen E Van VIckie

- Section 333 Exemption Petition PaRe6of7air fields

. I, Stephen E Van Vickie, have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012

. There are no personnel on board my, Stephen E Van Vickie's, sUAS and therefore the likelihood of death or serious bodily injury is sign i ficantly diminished

. My, Stephen EVan Vickie's, operation of my sUAS, weighing less than 20 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Stephen E Van Vickie, respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned ai rcraft, and the general public at large

.
I am not asking for exemption from 14 CFR 61.113(a) and (b) as I have a commercial licenses (certificate# 2029682) with over 40 years of experience and 17,000+ logged hours.

I do not wish to exercise the privileges of my exemption outside the U.S.
Respectfully submitted,



# ~f~t-/~ Stephen E Van Vickie 104 South Foxhall Lane Weyers Cave, Virginia 24486 Phone: (540) 209-0700 Fax: (540) 437-3517 Email: Stephen@VanVickle.com

Stephen EVan Vickie- Section 333 Exemption Petition Pase 7 of7