Charles Usher

682 Villageway

Crossville TN, 38555

cdusher@charter.net

931

- 261

- 5547 cell phone

July 28

, 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

Pursuant to Sect ion 333 of the FAA Modernization and Reform Act of 2012(the reform

act) and CFR Part 11, Charles Usher

, owner and operator of Small Unmanned

Aircraft Systems (UASs), request to be exempted from the Federal Aviation Regulations

{FAR) listed below so that Charles Usher may operate UASs commercially in

airspace regulated by the FAA., as long as such operations are conducted within and

under the conditions outlined herein or as maybe established by the FAA as required by

Section 333

.

Charles Usher. Retir ed Michigan Peace Officer

. Holds a valid Tennessee drivers license and concealed weapons permit

. All

operations will be performed with the public's safety and right to privacy safe guarded

at all times.

As described below, the requested exception would permit the operation of light

weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for

commercial use by a certified private pilot thereby enhancing safety and fulfilling the

Secretary of Transportation's (the FAA Administrat or's) responsibility to" establish

requirements for safe operation of such aircraft systems in national airspace systems."

Section 333(c), of the Reform Act.

Charles Usher’s video UASs are rotorcraft weighing less than 55 pounds including payload.

(The DJI Phantom 3 Quad Copter 14 MP.)They operate at a speed less than 50 knots and have the capability to hover and move in

the vertical and horizontal plane simultaneously. Both have an auto return to launch point

when battery power is under 25%. The UAS w ill operate within the line of sight with in a

protected flight area as described below and at 200 feet AGL or less with an observer

located close at hand as to make voice communication possible. These operations will

not create a hazard to users of the nation airspace, public nor the environment.

Charles Usher requests the grant of an exception to the following

specific sections of the Title 14 Code of Federal regulations a11owing it to operate

lightweight UASs for commercial use,

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 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)&(b).

Charles Usher submits this application in accordance with the Reform Act

, 112

P .L. 95 331

- 334, seeki ng relief from any currently applicable FAR'S operating to prevent

Charles Usher future commercial use of small UASs to operate in the national

airspace system as described below. The reform Act section 332 provides for such

integration of civil unmann ed aircraft into our national airspace system as it is in the

public's interest to do so. Charles Usher UASs meet the definition of "small

unmanned aircraft" as defined in Section 331 and therefor the integration of these UASs

are expressly contemplated by the Reform Act. Charles Usher would like to

operate its light weight UASs prior to the time period by which the Reform Act requires

the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consid er whether certain

unmanned aircraft systems may operate safely in national airspace before completion

of the rule making required under Section 332 of the reform Act. In making this

determination, the Secretary of Transportation is required to determin e which UASs do

create a hazard to users of the national airspace system or the public or pose a threat to

national security in light of the following:

The UASs size, speed, weight and operational capability

Operation of the UASs in close proximity to airports and populated areas

Operation of the UASs within visual line of sight of the operator

Reform Act 333(a}. If the secretary determines that such vehicles "may operate safely

in National Airspace System, the secretary shall establish requirements for the safe

operation in national airspace.Charles Usher’s are rotorcraft weighing less than 55 lbs. and they operate at

speeds less than 50 knots and have the capability to operate in the vertical and

horizontal plane simultaneously. The UASs will o perate only within the line of sight of

the operator within a protected flight area and at 200 feet AGL or less. These will not

present a hazard to the national airspace nor the public.

The very small nature of these UASs combined with the safe guards p resented below,

will allow for the safe operation greater than that envisioned by Congress for the FAA to

establish and by exemption allow commercial operations of UASs to commence
immediately. Also due to the size of UASs and the areas and altitudes th ey will operate

approval of this exception presents no national security issues and absolutely minimal

safety concerns which have been mitigated through our rigorous risk management

process. Given the clear direction given in Section 333 of the Reform A ct, the authority

contained in the Federal Aviation Act, as amended, the strong equivalent level of

enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as

the economic impact of greatly reducing the cost of aerial photo graphy thereby

benefiting the greater public's interest. Accordingly, the applicant requests that the FAA

grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of Charles Usher

.



### 1. Flights will only occur in the day time hours,

2. Flights wilt be operated in the line of sight of the operator{ PIC) and Observer,(VSO)

3. Flights will be terminated at any time weather and wind deteriorate to "unsafe for

flight" by manufacturers recommendatio ns,

4. The UASs will weigh less that 55 lbs.,

5. Flights 

### will be operated at 200 feet AGL or less.

6. Crew 

### will be at a minimum of operator(PIC) and an observer and/or camera
operator(VSO),

7. Operator and crew will remain in contact during the flight operation,

8. The UASs operator will perform a check of the flight area and make certain of the

safety of all persons in the area,

9. Consent will be obtained from all persons with in the video capabilities of the units to

further reduce the chance of violating anyone's privacy.

10. All required FAA clearances, will be obtained and distances from airports strictly

observed.

11. All UASs will have the capability to return automatically to the operator in a safe

manner with the auto return function c hecked and working.

12. When operated in conjunction with fishing vessels in the gulf, a chase boat 

### will be

assigned to operate the UASs at a safe distance from the main fishing boat.

13. Flights 

### will only operate in VFR conditions.

14. UASs have a fun ction on the control to tell operator the distance away from the

operator and its battery power remaining.15. Flight team will communicate by voice and the use of two

- way radio if the area is too

big to hear voice from all team members.

16. UASs will be used to video private outings and functions, boating, jet skiing, kayaking,

fishing trips in the gulf area and sporting events from a safe distance.

l •

17. When operating over or near water the UASs will be equipped with flotation devices

so that recovery can be made as to prevent lithium battery exposure to the water

table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a}, 91.203 (a)( 1 )

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement

of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined

area of operations for Charles Usher ’ s UASs flights permits exception from Part 21

because they meet 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 USC 4470(f) and Section 333 of the Reform Act.

Both pieces of legislation permit the FAA to exempt UASs from airworthiness certificates

i n consideration of weight, size, speed, maneuverability and proximity to areas such as
airports and dense populations. Charles Usher meets or exceeds each of these

elements

As of March 

### 23, 2015 the FAA has stated that it will automatically grant a "blan ket" COA

for flights at or under 200 AGL to any UASs operator with a section 333 exemption.

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and

registrations. These are inapplicable for the same reasons stated above. The equiva lent

level of safety will be achieved by maintaining such certifications and registrations at

Charles Usher operations center.

14CFR91. 7 (a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be app licable in the form contemplated by FAR's

this regulation is inapplicable.

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

14 CFR 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 UASs this regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining such certifications and

registrations at Charles Usher ’ s operations center.

The FAA has previously issued exemptions to this regulation in Exemptions No's

8607,8737,8738,9299,9299A,9565,9565B,10167,10167 A,10602,10700 and 32827

.14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions.

Charles Usher will only operate its UASs at or below 200AGL. They will be operated on

a will defined AOR that has been carefully reviewed for hazards and minimizes the

presence of any persons not essential for these operations. Flights will only be over
private property that the owner has consented and all persons within this video area also

give consent for this filming. Compared to flight operations of conventional and

traditional aircraft or rotorcraft weighing far more than 50 lbs., op erating below 500 AGL

with flammable fuel UASs operations present a far smaller risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the

service of aerial photography will greatly enhance safety by reducin g the overall risk

associated with traditional aircraft. Traditional aerial photography requires large aircraft

with flammable fuel to fly in close proximity of populated areas and people in general.

With the use of small UASs of 55 lbs. or less, batter y operated and fling below 200 feet

AGL the risk of injury of people on the ground or the crew has been reduced or almost

erased. The granting of the use of these small UASs by Charles Usher will give the

people another avenue to express themselves and to have a video record to share with

family and friends forever.

Granting Charles Usher the above exemption will allow for the expansion of UAS

systems into the future for the safe conduct of free enterprise and the enjoyment of the

masses.

Charles Us her respectfully requests the FAA grant its exception without delay. The

FAA has the authority to issue the exemption sought by Charles Usher pursuant to

the Federal Aviation Act, 85 

### P.l. 726 {1958) as amended {the ACT).

Charles Usher

682 Villageway

Crossville, TN 38555

cdusher@charter.net