JedM. Cook T: +1 207 615 1410 Jedmcook@gmail.com May 5, 2015
U.S. Department ofTransportation Docket Management System 1200NewJersey Ave., SE Washington, DC 20590

Re: ExemptionRequest Section 333 ofthe FAAReformAct and Part 11 ofthe FederalAviation Regulations from 14 C.P.R. 45.23(b); 14 CPRPart 21; 14 CPR 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); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

DearSir orMadam:
Pursuantto Section 333 ofthe FAAModernization andReformAct of2012 (the ReformAct) and 14 C.P.R. Part 11, JedM. Cook., operator ofsmall UnmannedAircraft Systems ("sUAS") equippedto; conduct aerialphotography and 3dmapping for the Agricultural Industrytohelp Farmers in the US get higheryield

## on theirproducts and to help prevent contamination offarm lands ifthere was a manned aircraft accident, to providereal estate listing videos andphotography forreal estateprofessionals, to safelyprovide aerial video andphotographicinspection offacilities for the insuranceindustry, and to,supportbusinessesrequiring enhancedmarketing videophotography, and use ofsystems

# in Constn.Iction:Site**ap.d~**Qparr,ies Inspection hereby applies for an exemptionfrom the listedFederal Aviation,;Regulations ("PARs") to allow commercial operation ofits sUASs, so long as such operatim;s.areconducted within andunderthe conditions outlined herein or as maybe establishedby theFAA as required by Section 333.
As described more fully below, therequested exemption wouldpermitthe operation ofsmall Unmanned andrelatively inexpensive sUAS undercontrolled conditions in airspace thatis 1) limited 2) predetermined 3) controlled as to access and 4) wouldprovide safety enhancementsto the already safe operations intheAgricultural and Oil and Gas Industry presentlyusing conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (theFAAAdministrator's)responsibilities to "

...establishrequirements for the safe operation ofsuch aircraft systemsinthe national airspace system." Thename and address ofthe applicantis: JedM. Cook Attn: JedM. Cook , . . .P.O.Box 1150,Westbrook,

# Me. 04098 T: +1 207 615 1410

. Jedmcook@gmail.com



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### The conditions proposed bythe applicant are drawn from order 8900.1 CHG 0 Regulations from which the exemption is required
14 CFRPart21 14 C.P.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (2) 14 CFR417 (a) & (b) This exemption applicationis expressly submittedto fulfill Congress' goal inpassing Section 333(a) through (c) ofthe ReformAct. This law directs the Secretary ofTransportationto consider whethercertain unmanned aircraft systems may operate safelyinthenational airspace system (NAS) before completion oftherulemakingrequired underSection 332 ofthe ReformAct. Inmaking this determination, the Secretaryis required to determine which types ofsUASs do notcreate a hazardto users ofthe NAS orthe public orpose athreatto national securityin light ofthe following:

• The sUAS's size, weight, speed, and operational capability • Operation ofthe sUAS in closeproximity to airports andpopulated areas; and • Operation ofthe sUAS within visualline ofsight ofthe operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary Shall establish requirements for the safe operation ofsuch aircraftinthe national airspace system." ID Section 333(c) (emphasis added) The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under section 40101 of the Act that includes sUASs, from the requirement that civil aircraft must have a current airworthiness certificate. 

### Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutoryrequirements for approval.

2

### The Administrator may grant an exemption from a requirement of a regulation prescribedunder subsection (a) or (b) ofthis section orany sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f) seealso 

### 49 USC Section44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1). 

### Jed M. Cook., operates sUASs fixed wing and mulitrotors weighing 55 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 70 knots. They will operate in aline ofsight and will operate only within the sterile areas made up of; Farm land, Gas and Oil Fields, Power Utility Grid, Pipeline Inspection and Cell Towers locations, Construction Site and Quarries Inspection, restricted perimeters around listed real estate properties, restricted perimeters around structures requiring aerial inspections, and restricted perimeters around business entities requiring promotional video and/or photography. Given the small size ofthe sUASs involved and restricted sterile environment within which they will operate, the applicant falls squarely within that zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions and chemical spills, exemptions associated with allowing sUASs for agricultural operations, oil and gas surveying operations. The grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption withoutdelay. AIRCRAFT AND EQUIVELANTLEVEL OF SAFETY The applicant proposes that the exemptionrequested herein applyto aircraftthathave the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusting currently being used with conventional aircraft.
1. 

### The sUASs will weigh less than 55 lbs. 2. Flights willbe operated within line ofsight ofapilot and/or observing. 3. Maximum total flight time for each operational flight launch to land time is 4 hours for fixed wing operation. Flight operations ofMulitcopters is 90 minutes launch to land. Flights willbeterminated at25% batterypowerreserve. 4. Flights will be operated at an altitude ofno more than 400 feet AGL for rotorcraft and 1000AGL for fixed wing and or200' above any man made structure. 5. Minimumcrew for each operation will consist ofthe sUAS Pilot, andVisual Observer. 6. No Visual Observer required when PIC is a Commercially Rated Pilot and operating at altitudes below400' AGLrotorcraft andfixed wing.



### 37. sUAS Pilot will be certified by the aircraft manufacture for operations and have obtained at least a SportPilot license (LSA), No Medicalrequired, valid driver's license required. 8. sUAS Pilot will be pilot in command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on site (i.e. the aerial coordinator), thatperson can also bedesignated as PIC. 9. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter" for the flight operations area. 10. A briefing will be conducted in regard to the planned sUAS operations prior to each day'sproduction activities. It will be mandatory that all personal that will be performing duties withinboundaries ofthe safetyperimeterbepresent for this briefing. 11. Pilot and observer will have been trained in the operation ofUAS generally and received up-to-date information on the particular UAS. Observer and Pilot will at all times be able to communicateby voice ortext. 12. Written and/or oral permission from the relevantpropertyholders will be obtained. 13. If the sUAS loses communications or it losses its GPS signal, the UAS will have capabilityto return to apre-determined location withinthe SecurityPerimeter and land. 14. The sUAS will have capability to abort flight in case of unpredictable obstacles or emergencies. 15. Section 333 AirWorthiness Exemptionis transferable from manufacture to operatorupon completion ofall requirements definedinthis petition.
14 C.F.R. Part21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1) Subpart H, entitledAirworthiness Certificates, establishes the proceduralrequirements for the issuance ofairworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraft to be utilized bythe Applicant, an exemptionfrom Part 21 SubpartH meets therequirements ofan equivalent level ofsafetyunderPart 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximity to airports and populated areas ofthe particular sUAS. 

### In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe retractions and conditions proposed. The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set forth in our S.O.P. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the requirements, and in compliance to local public safety requirements, to provide security of the area ofoperation as is now done with conventional flag man. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to agricultural aerial applicators, provide a greater degree ofsafety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.



### 414 C.F.R. Section45.23 (b). Marking ofthe aircraft The regulationrequires: When marks include only the Roman capital letter "N" and the registration of the number is displayed on limited, restricted or in a light-sport category aircraft or experimental or provisionally certified aircraft, the operator must also display on the 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 spot," "experimental," or "provisional," as applicable.
Even though the sUAS will have no airworthiness certificate, and 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 sUAV, the two inch lettering will be impossible. The word "experimental" will be placed on the fuselage in compliance with 

### §45.29 (f).

The equivalent level ofsafety will be provided byhaving the sUAV marked on it fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe sUAV as "Experimental." The FAA has issued the following exemptions to this regulation; Exemptions Nos. 10700, 8738, 10167A.
14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit pilots to non-commercial 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 minimum of a Sport Pilots Certificate rather than have a Commercial Pilots Certificate to operate this small UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth by in the S.O.P. The level of safety provided by the requirements includedin the S.O.P exceeds thatprovidedby a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminishedfrom the level ofrisk associated with the operation ofcommercial operations contemplated with Part 61 when drafted, that allowing operations ofthe sUAS as requested with a recreational Sport Pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61,113 (a) & (b). 14 C.F.R. §91.7 (a): CivilAircraftAirworthiness. Theregulationrequires that no person may operate a civil aircraft unless itis in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the SOP for maintenance and the use of safety check lists priorto eachflight, an equivalent level ofsafety will be provided.



### 514 C.F.R. § 91.9 (b) (2): Civil AircraftFlightManual in the Aircraft
Section 91.9 (b) (2) provides:
Noperson may operate a U.S.-registered civil aircraft

... (2) 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 placard, or any combinationthereof.
The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no room or capacityto cmTy such an item onthe aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602, 32827, and 10700.
14 C.F.R. § 91.103: Preflightaction This regulation requires each pilot in command to take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craft flight manuals will not be provided as set forth in sections ofthe S.O.P., the PIC will take all actions includingreviewing weather, flight battery requirements, landing andtakeoffdistances and aircraftperformance databeforeinitiation offlight. 14 C.F.R. §91.109: Flightinstruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) thatisbeingused for flightinstructionunless that aircrafthas fully functioning dual controls.
sUASs and remotely controlled aircraft, by their design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemptionNos.5778K & 9862A.

14 C.F.R. §91.119: Minimumsafe altitudes Section 91.119 establishes safe altitudes for operations ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated atless than the minimums prescribedprovidedthe person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL forrotorcraft and 1000 AGL for fixed-wing, or not more than 200 above an elevated platform such as man made structures and radio towers, an exemption may be needed to allow such operations. As set forth byherein, exceptfor the limited conditions stated in the SOP, the UAS will never operate higher than 400 AGL for rotorcraft and 1000 AGL for fixed-wing. It will



### 6however be operated in a restricted area with a security perimeter, where buildings and people will notbeexposed to operations withouttheirpre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware ofthe planned flight operations as set forth in the SOP. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those currently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these sUAS operations and the operations ofconventional aircraft thatmust 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 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, pursuantto the Manual and Safety Checklist, confirming the altitude ofthe launch site shown on the GPS altitudeindicatorbefore flight.
14 C.F.R. §91.151(a): Fuel Requirementsfor Flightin VFR Conditions Section 91.151 (a) prohibits and individual from beginning "aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) Atnight, to fly afterthatfor atleast45 minutes." The battery powering the sUAS provides approximately 3 hours ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 2 hours and 30minutes in length. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight ornightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.151(a) was intended to alleviate given the size speed of the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatlyreduce the utility for whichthe exemption willbe granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 2 hrs 30 minutes or 25% ofbattery power, for both fixed wing and rotocraft, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhereinits limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.



### 714 C.F.R. §91.203 (a) and (b): Carrying CivilAircraft Certification and Registration Theregulation provides inpertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has withinitthe following:

(1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them; to the extent they are applicable to the sUAS. TheFAAhas issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700.
14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b) Theseregulations require that an aircraft operator or owner "shall have that aircraftinspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect ormaintainthe aircraft in compliance withpart43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating checklist. 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 onlyin restricted areas for limitedperiods oftime. Ifmechanical issues arise the sUAS canlandimmediately and will be operating no higher than 400 feet AGL for rotorcraft and 1000 AGL for fixed-wing. As provided in the SOP, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. 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 ofsafety.



### 8Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should itbe determined thatpublicationis needed: Applicant seeks an exemption from the following rules: 14 C.P.R. §21, subpart H; 14 C.F.R45.23 (b); 14 C.P.R.§§ 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) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations, Oil and Gas Exploration and PipelineInspection. Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d mapping/scanning, Oil & Gas Exploration, Pipeline and TowerInspection Industry, Construction Site and Quarries Inspection, restricted perimeters around listed real estate properties, restricted perimeters around structures requiring aerial inspections, and restricted perimeters around business entities requiring promotional video and/or photography, will enhance safety by reducing risk. Conventional operations usingjet or piston aircraft operate at extremely low altitudes just feet from the equipment and livestock and structures and present the risks associated with vehicles that weigh in the neighborhood of3,000-5,000 lbs. This equipment can carry large amounts ofjetA orother fuel. Helicopters operate with 140 gallon fuel in their tanks in most operations which could be a significant risk to the environment. The sUAS will carry no passengers or crew and therefore will notexposethemto therisks associated with manned aircraftflights. The operations of small UASs, weighing less then 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing commercial operations. These lightweight VA Vs operate at slow speeds, close to the ground and in sterile environment and as aresult are far safer than conventional operations conducted with a piston and orturbine aircraft operating close to the ground. PublicAcknowledgement/Privacy
All Flights will occur only once the property owner has authorized operations to be conducted.
Satisfaction ofthe criteriaprovided in Section 333 ofthe ReformAct of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line ofsightprovides more then adequatejustificationfor the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS inthe commercialindustry described in this exemptionpetition.
Sincerely,



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