Ralph J. Boddicker Jr

2000 High St Unit 222 Des Moines, IA 50309 April 14 th , 2015 U.S. Department of Transportation Docket Management System 1200 New

Jersey Ave., SE Washington DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119 (c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Ralph J. Boddicker Jr. , operator of Small Unmanned aircraft Systems (“sUAS”), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so long a s such operations are conducted within and under the conditions outlined herein or as my be established by the FAA as required by Section 333. Commercial operation sUAS, as described herein, which are equipped with cameras and sensors, w ould operate in the following manner: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or privat e use including television, public events, cinematography and news gathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial video/photography or providing liv e video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 5. The ability to offer training to persons individually or belon ging to both private and/or public organizations that have interests in the use and application of sUAS for the purpose of the safe operation of sUAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property. U.S. Department of Transportation April 14 th , 2015 As described fully below , the requested exemption would permit the operation of sUAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) wi ll provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Ad ministrator’s) responsib ilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.” The name and address of the applicant is: Attn: Ralph J. Boddicker Jr. Ph: 515

- 991

- 2257Em ail: ralphboddicker@gmail.com

Address: 2000 High St Unit 222, Des Moines, IA 50309 Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) My sUAS are multi

- rotor cra ft w eighing no more than 55lbs including payload. Under normal conditions they operate at speeds of no more than 50kts and have the ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of sight and will operate within a closed off and predetermined area ow

ned and/operated by the prope rty representative. Given the small size of the sUAS and the controlled environment provided the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the appli cant requests that the FAA grant the requested exemption with minimum delay. **AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees t o adhere to w hen conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or obse rver. 3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not mo re than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew

for each operation will consist of the sUAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator. 6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a current Third or higher Class Medical Certificate, along with a valid state driver’s license. If the PIC feels another operator to be qualified with the necessary skills to be PIC & possess a Third or higher Class Medical and a valid state driver’s license, that person may be designated PIC provided they have a minimum of 20 hours of flight time with the sUAS. 7. A briefing will be performed regarding the planned sUAS operations pri or to each day’s flight consisting of all the days’ production activities.8. The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested

exemption, with the appropriate local Flight Standards District Office (FSDO) no mo re than 72 hours but no less than 48 hours from planned operation. 9. The operator will obtain verbal/w ritten consent of all persons involved w ith the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flig ht operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved. 10. The PIC and VO will have be en trained in operation of sUAS and receive up

- to

- date information for the particular sUAS to be operated. 11. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 12. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 13. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to return to a pre - dete rm ined location within a designated location and land autonomously. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or em ergencies. **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airw orthiness 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 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 Reform Act both authorize the FAA to exempt aircraft from the requirement for an airw orthiness certificate, upon consideration of the size, w eight, speed, operational capability, and proximity to a irports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated w ithout an airw orthiness certificate, in the restricted environment and under the conditions proposed will be at least as sa fe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pil ot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and mo nitored by both the ope rator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional o perations conducted with airw orthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operat ion, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R. § 45.23 (b). Marking of the Aircraft** The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also di splay on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the sUAS will have no airw orthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two

inch lettering will be imp ossible. The w ord “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others w orking with the sUAS will see the identification of the sUAS as “Experimental.”**14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.**

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pil ot in command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation of sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM w ill equate to the safe operation of the sUAS. **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 airw orthy condition. As there will be no airw orthiness certificate issued for the aircraft , should this exemption be granted, no FAA regulatory standard w ill exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.

**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 ... (2) For w hich 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 sUAS, given its size and configuration has no ability or place to carry su ch a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground co ntrol point where the pilot flying the sUAS will have immediate access to it. **14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rot orcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC w ill take all actions including reviewing weather, flight battery requirements, 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. sUA 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 f light training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 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. **14 C.F.R. §91.119: Minim um 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, prov ided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not mor e than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is use d to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, w here buildings and pe ople will not be exposed to operations w ithout their pre

- obtained consent.The equivalent level of safety will be achieved given the size, w eight, speed of the sUAS as w ell as the

location where it is operated. No flight will be taken without the permiss ion of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft w eighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addi tion, the low

- altitude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 Altim eter 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 available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 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** Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (co nsidering wind and forecast w eather 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 pow ering the sUAS provides approximately 30 minutes of pow ered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights w ould be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR co nditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area w here only people and property owners or official representatives who have signed w aivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) w as intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery pow er

— wh ichever happens first. This restriction w ould be mo re than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. **14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration** The regulation provides in pertinent part: (a) Except a s provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airw orthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate requir ed 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 sUAS fully loaded w eighs no more than 55 lbs. and is operated w ithout an onboard pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pil ot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 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 betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others sha ll inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any mai ntenance 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. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operator w ill ensure that the sUAS is in w orking order prior to initiating f

light and perform required maintenance needed. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applica nt’s sUAS. Sincerely,

Ralph J. Boddicker Jr.