August 31, 2015

Exemption No. 12683 Regulatory Docket No. FAA

− 20 15

− 2496

Mr. Lynn James French dba FlytImagery 79970 Road 447 Broken Bow, NE 68822

Dear Mr. French : 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 June 1, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of FlytImagery ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct precision agriculture, real estate surveillance, structural inspections, and aerial photography

. 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 Register 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 are the AgEagle and DJI Phantom 3

. The petitioner requested relief from 14 CFR part 21, C ertification 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 the2

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 14 CFR part 21 , C ertification 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 1

. 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. 11 062, 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 present; 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, FlytImagery 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.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, FlytImagery 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.
1. Operations authorized by this grant of exemption are limited to the AgEagle and DJI Phantom 3 when weighing less than 55 po unds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations 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 t he maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet 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 lenses, 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 maint ains 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 designated before the flight and cannot transfer his or her designation fo r 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 thi s 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 upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents,4

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 ope rator 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 law enforcement official upon request. The operator must also present up dated 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 which the FAA granted this exemption, then 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 UAS that has undergone maintenance or alterations that affect the UAS op eration 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 mu st 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 i s 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 comp onents, 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 government. 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 certifi cate.5

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 this 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). Flights for the purposes of training the operator’s PICs and VOs (traini ng, p roficiency, 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, training operations ma y only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distanc e 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 r ules (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 mad e 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 pr ivate or controlled

- access property.
19. The PIC must abort the flight in the event 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 five minutes or with the reserve power recommended by the manu facturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

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

.6

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. These documents must be made available to the Administrator or any law enforcement 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 nonpartici pating 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 r emain 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 property owner/controller or aut horized 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 vertical boundaries of the opera tional 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 contained on the NTSB Web site: www.ntsb.gov

.7

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 to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for 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 cer tificate 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 availa ble 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 and the altitudes
es sential 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. Unless otherwise spe cified 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 91.8

This exemption terminates on September 30, 2017 , unless sooner super seded or rescinded. Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresLyn n James French

dba Fl yt Imagery 79970 Road 447 Broken Bow, NE. 68822 308

- 872

- 5423

June 1 , 2015
U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
Dear Administrators , Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Lyn n James French dba Fl yt Imagery , a private pilot, agriculture entrepreneur , and s UA S owner, hereb y applies for an exemption from the Federal Aviation R egulations (“FARs”) listed in sectio n 2 to allow commercial operation of the small Unmanned Aircraft S ys tem s ( sUAS ) listed below within the Continental United States (CONUS) so long as operations are conducted under the limitations outlined here in or as may

be established by

the FAA as required by

section 333.
The requested exemptions would authorize commercial operations for precision agriculture, real estate surveillance, structural inspections, and aerial photography t hat could be performed more safely within the U.S. National air space than with the use of manned aircraft. The approval of this request will, in part, allow improved predictive indicators of crop stress to assist production design, predictive crop yi elds, overall water use red

uction, pest control, nutritional input management, repair assessment of structural sy stems , and beneficial usage from general photography

. Operations will be performed onl y on owned propert y or with the authorization and permission of other propert y owners or their authorized agents.
Given the small size , weight, speed, and limited operating area of the sUAS involved , and the remote and restricted environment within which they w ill operate, approval of the application presents no nat ional securit y issue. Due to the reduce environmental impact from several aspects and t he strong level of safety
surr ounding the proposed operations associated with allowing sUAS for commercial operations, it can be assured that granting these requested ex empt ions is in the public interest (see section 4 below).
The limitations outlined in th is request, 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 safet y enhancement to employees, ground personnel, or pilot and crew operations that would otherwise be condu cted with conventional aircraft , and because of the very h ig h level of safet y standards outlined in the operating conditions below ( see section 5 below).
Therefore , the applicant respectfull y requests that FAA grant the requested exemption without delay

.

## Table **of Contents** 

**Operating Condition s**  **...... .................................**  **.............................. 2**  **sUAS Description**
**.......................................................................... 3** 
**Name and address of applicant.............................** 
**.................................. 4**  **Section of 14 CFR from which and exemption is being requested** 
**. ...**  **................ 4**  **The extent of relief being sought and the reason for the relief**
**........................ 5** 
**How this request would benefit the public as a whole** 
**....... ...........................**  **5 Reasons why granting this exemption would not adversely affect safety** 
**........... .**  **5 Federal Registry summary ...** 
**................................................................ .**  **6 Appendi**  **x A**
**.. ....................................................................................**  **. 7** 

**Operating Conditions:**
Grant of the exemption would be subject to the following operating conditions and operat ed in the rural central Nebraska area in accordance with conditions set forth by the Academy o f Model Aeronautics and by a Pilot In Command (PI C) who :

 Maintains a minimum Private Pilot cert ificate operat ing the sUAS with the knowledge of regulations as they

pertain to safet y and airspace restrictions afforded b y this privilege.

 Has a valid driver’s license.

 Completed the manufacturer provided training program.

 Maintain s visual line of sight of the airc raft throughou t its operation by unaided human vision other than corrective lenses as specified on the FAA airmen medical certificate.

 Ensures the flight would be discontinued if a hazard to other aircraft, people, or property existed.

 Assesses w eather conditions, airs pace restrictions , and location of people to lessen risks if accidental loss of control should occur. Potential landing areas in the event of an emergency w ould be identified.

 Ensures flight would not occur over people except those directl y responsible for the flight.

 Ensures f

lights would be limited to 4 00 feet altitude

.  All flights will be operated during day time VFR conditions.

 Ensures f

lights would remain out of airport flight paths and restricted airspace areas, and obey F AA Temporary

Flight Restrictions (TFR’s).

 Ensures n o objects will be dropped from the sUAS.

 Performs p re - flight safety i nspections according to the manufacturer including verification of communications links. Maintains the sUAS in optimal condition according to manufacturer recommendations and

contin ual upkeep of wear or damaged components.

 Performs a functional flight test prior to conducting further operations under this exemption whenever critical flight components have been replaced that would affect the sUAS operation or flight characteristics. Flight tests would remain at least 500 feet from other persons and be conducted in such a manner so as not to impose an undue hazard to persons and propert y.
 Utilizes a Visual Observer (VO) in order to identify o ther aircraft and objects in the airspace during the flight s o that the sUAS will be the first to maneuver away

.  Ensure operations conducted within five miles from an airport shall only b e initiated when the following conditions are met: o Airport is not a medium or large airport. o C oordination with the airport authority , or air traffic control when a control tower is present. o Airport UNICOM frequency when applicable is monitored and flight intentions are communicated. o Flight maneuvers will be initiated to remain clear of traffic as visually o bserved or when communicated on the UNI COM frequency by the pilot or control tower

.  Will not operate the sUAS from any moving d evice or vehicle.

 The sUAS will be operated at speeds under 4 0 knots.

 The sUAS will not be operated in winds exceeding 25 knots and consistent with any manufacturer recommendations.

 Flight time will be limited in duration to ensure that no less than 10% battery power remains upon landing.

 Verifies that if the s UAS loses communications or loses its GPS signal, it can return to a pre- determined location and land within the private or con trolled

- access property

.  All operations shall comply w ith required permissions and permits established by t erritorial, state, county , or city

j urisdictions; including local law enforcement, fire, or other appropriate governmental agencies.

**sUAS Descr iption**  **:** The following sUAS aircraft are being requested for approval with this petition.
A) AgEagle: Features of the AgEagle include:

● Time and flight proven design in Kansas and Nebraska environmental conditions.
● Silent and reliable battery powered electric fixed wing aircraft with a wingspan of approximately 56 inches.
● Take

- off weight of approximately 7.5 pounds including pay load.
● Failsafe controls for emergency landings

. ● Automated low battery return

. ● Laser provisions in the wing allow for automated feather soft landings.
● Automated preflight s ys tem performance checks and calibrations

. ● A preflight checklist for the sUAS operator

. ● Limited range governed by an approximate 40 minute operational time with fly -away failsafes

. ● Load carry ing capacit y limited to a single sensor approximate to the size of a consumerpoint-and-shoot camera

● A cruising speed of approximately 35 knots governed by

software failsafes

. ● Multiple failsafe measures inherent to the design of the sy stem implemented to ensure safe flight, recover y and incident mitigation.
B) DJI Phantom 3: Features of the DJ I Phantom 3 include:
● Based on the highl y successful consumer grade Phantom line of DJ I quadcopters.
● Battery

powered quad rotor unmanned aircraft and handheld ground control station.
● Maximum diameter of less than 24 inches.
● Take

- off weight of approximately 2.8 pounds.
● It has fail safe modes of operation for either loss of RC or GPS signal.
● A utomatic termination of flight and landing will be initiated when the battery reaches a predetermined lo w state.
● Limited range governed by the battery for an approximate 25 minute operational time.
● Load carry ing capacit y limited to a single sensor approximate to the size of a consumer point-and-shoot camera ● Maximum speed less than 32 knots.
● Internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning sy stem (GPS) to maintain geospatial orientation and position.
● T elemetry

information is transmitted back to a ground control stat ion allowing the PI C to monito r battery

level, GPS signal strength, altitude (AGL), distance from PIC

. ● Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed b y the PIC

.

**1) Name and Address of Applicant is:**  Lyn n James French, dba Fl yt Imagery 79970 Road 447 Broken Bow, NE. 68822 Phone: 308

- 872

- 5423

**2) Section of 14 CFR from which and exemption is being requested:**  a. Exemption of the following sections of 14 CFR are be requested

.

• 14 C.F.R. 21 Certification Procedures for Products and Parts

• 14 C.F.R. 61.113(a) Private Pilot privileges and limitations

• 14 C.F.R. 91.7(a) Civil Aircraft Airworthiness

• 14 C.F.R. 91.119 ( c) Minimum safe altitudes

• 14 C.F.R. 91.121 Altimeter settings

• 14 C.F.R. 91.151(a) (1) Fuel requirements for VFR flight

• 14 C.F.R. 91.405(a) Maintenance Required

• 14 C.F.R. 91.407(a)(1) Operation after Maintenance, Rebuilding, or Altercation.

• 14 C.F.R. 91.409(a)(1)&(2) Inspection s

• 14 C.F.R. 91.417(a)&(b) Maintenance records**3) The extent of relief being sought and**  **the reason for the relief:**

a. See A ppendix A

**4) How**  **this request would benefit the public as a whole:** a. Utilizing sUAS in the agricultural industry for precision survey s, real estate surveillance, structural inspections, and aerial photography , is in the public interest because it provides timely access to large amounts of survey data via environmentally friendl y means . This enabl es growers to improve the productivity of the crop b y more accurately identifying and correcting crop stress factors. I n many cases , crop nutrients can be reduc ed in areas determined to alread y be health y. Alternatives to utilizing sUAS technology erodes the competitiveness of the US food supply simply due to its reduced efficiency , increased cost , and lack of data preci sion. These alternative s might include satellite imagery which is less competitive and is not often available in the instantaneous time frames needed to detect and react to crop health issues. Manned aerial survey is another alternative which emplo ys the u se of full size aircraft . While the results can be similar, the process comes at a higher cost and a more ti m e consuming process. This process is less able to operate safel y close to the ground where higher resolution detail is needed. Additionall y, the pr oposed s UAS operate off of stored electric energy , reducing the environmental impact from engine emissions and hazards associated with stored onboard fuel in the aircraft

. A third alternative includes g round scouting anal ys is which involves personnel visually inspect ing crops for health and yi eld. This process is very limited by

the amount of area a person ca n cover on foot over a period of time

– again reducing the value and increasing the cost of the results as compared to sUAS technology

. In summary , approval of this exemption for commercial operations is in the best public interest by :

- Helping to keep the US food supply competitive through increased efficiency and reduced cost.

- Reduced environmental impact from the reduction in emissions that are traditionally created from manned flights performing the same task.

- Reduced environmental impact from the reduction of fertilizer requirements through precise identification of areas that may not require applications when compared to sur rounding areas which do.

- Improved safet y of the general public when compared to the hazards associated equivalent manned flights at low altitudes.

**5) Reasons why granting this exemption would not adversely affect safety and how the exemption**  **would provide a level of safety at least equal to the existing rule.**  a. The proposed operations outlined in this petition would not adversely affec t safety and will provide a greater level of safet y than the existing rule for the following key reasons : i. The sUAS would be operated by a certificated pilot with current medical who utilizes the knowledge of airspace regulations and flight safety to ensure the operation of sUAS is consistent with these requirements and the safety of fellow pilots of manned aircraft

. ii. T he operation of small battery powered s UAS, weighing less than ten pounds , fly ing at speeds less than 40 knots, and conducted in the strict conditions outlined in the Operating Conditions listed above, will provide a higher level of safet y tha n existing rule utilizing manned aircraft and that of the currently proposed rules for smallunmanned aircraft s ys tems. Conventional operations conducted with manned aircraft have elevated risks for the following reasons: 1. Operations are in large aircraft carry ing large a mounts of fuel and operating at extremely low altitudes while in close proximity to people, animals, and structures. The opportunity for emergency

landings in event of aircraft failure are limited because of these operating conditions and therefore put the public in danger. 2. Manned aircraft equipped for the operations requested in this exemption have a flight crew on board to operate the imaging equipment. The aircraft, pilot, and crew must trav el from an airport to the target area, fl y multiple passes
acros s the surveillance area, and return to the airport. These flights must pass
over man y propert y owners to achieve their objective. This exposes both flight crew and ground personnel to noise, emissions, and safet y risks associated with such operations. In s ummary , the sUAS proposed in this exemption are battery powered, small, lightweight, hand carried to the surveillance sight (not flown) , and operated b y a certificated pilot. These safet y enhancements virtually

eliminate the risks outlined above and provi de for a level of safet y better than the existing rule.

**6) Federal Registry Summary**  Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed : Docket No.: ________________ Petitioner: Lyn n James French dba Fl yt Imagery
Section s of 14 CFR: 14 C.F.R. 21, 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.405(a) , 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1)&(2), 14 C.F.R. 91.417(a)&(b) Description of Relief Sought: Lyn n James French, dba Fl yt Imagery , is seeking an exemption pursuant to 14 CFR and Section 333 of the FAA Modernization and Reform Act of 2012. The exemption will permit safe o peration of the above name sUAS commercially f or the purpose of conducting precision agriculture operations, real estate surveillance, structural inspections, and aerial photography that could be performed more safel y within the U.S. National air space tha n with the use of manned aircraft.

Based upon the foregoing, Lyn n James French dba Fl yt Imagery , requests that the FAA grant the necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. §44701(f) of the Federal Aviation Act as requested herein to allow commercial operations within the continental United States.
Submitted on June 1 , 2015 Respectfully

submitted ,

Lyn n James French, dba Fly tI magery

## APPENDIX **A: The Extent of the Relief being Sought and the Reason for the Relief** 

Lyn n James French dba Fly tI magery , requests an exemption from the regulations listed in section 2 to the extent described below as well as any a dditional regulations that may technically

a pply to the operation of the aircraft : **14 C.F.R. Part 21, Subpart H: Certification Procedures for Products and Parts, Subpart H** 

**– Airworthiness Certificates** 

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by F AR § 91.203(a). Given the size of the sUAS , its weight, sp eed, ope rational capability , its proximity t o airports and populated areas , and the operating conditions outlined in this petition, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed curre nt safet y levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the r equirement for an airworthiness certificate, upon the consideration described herein. **14 C.F.R. § 61.113 (a)**  **: Private Pi**  **lot Privileges and Limitations: Pilot in Command**
Section 61.113(a) limit s private pilots to non - commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this petition are remotely controlled with no passengers
or propert y of others on board. Section 61.133(a) requires an ind ividual with a commercial pilot’s license to be pilot in command of an y aircraft for compensation or hire. While airspace knowledge and requirements remain the same for both private and commercial pilots, and while sUAS do not present the safet y hazards ar ound non - airspace issues such as on - board occupants, it is an equivalent level of safet y for private pilots to serve as pilot of command of a sUAS for compensation or hire. Additionally , the sUAS in this petition have an autonomous navigation and control sy stem with GPS guidance along with a high degree of pre - programmed limitations to prevent the potential for operation outside of the airspace restriction s established. Automated controls enable safe, reliable operation, as well
as advanced networking capabilities. As such, nearly a ll operations that would be traditionally handled by a commercial pilot are handled by the intelligent sy stems in the aircraft.

Given the fa ct that there are no occupants or cargo in the aircraft and the fact that the s afet y features of the sUAS are highl y software controlled and monitored in real

- time with a specific flight management sy stems , it is propose d that pilot in command s hould not b e required to hold a commercial pilot certification but rather be able to utilize the privileges of a private pilot certificate for commercial purposes of operating a sUAS. Given these conditions and the size, speed, operational capabilities, and lack of combustible fuel, the risks associated with private pilot operations are diminished such that allowing operations set forth would meet or exceed the current level of safet y. **14 C.F.R. § 91.7 (a): Civil aircraft airworthiness** This regulation requires that no person may o perate a civil aircraft unless it is in airworthy c ondition. Should the exemption be granted allowing commercial operation of the petitioned sUAS without an airworthiness certificate, no standard will exi st for airworthiness of these aircraft

. Given the successful track record of these aircraft combined with the fault monitoring and other provision previously mentioned herein, an equivalent level of safety w ill be achieved by

i nsuring compliance with the manufacturer’s manuals for main tenance, safety , and pre

- flight prior to each flight. **14 CFR § 91.119 (c)**  **: Minimum Safe Altitudes**  **: General**

Th is regulation provides that over sparsely p opulated areas the aircraft cannot be operated closer than 500 feet to any

p erson, vessel, vehicl e, or structure. Because flight operations for precision agriculture, real estate surveillance, structural inspections, and aerial photography are required to be performed at relativel y low altitudes (below 400 feet) an exemption from Section 91.119(c) is needed. The equivalent level of safet y will be achieved because the se aircraft will only f ly o ver private property with t he permission of the landowner and will not be operated in congested or populated areas. Despite fly ing at lower altitudes than more co nventional manned aircraft, an equivalent level of safet y will be achieved given the size, weight, speed, and material with which the aircraft are built. Additionally t he aircraft are not designed for transit bu t rather for limited flights for a specific purpose. Because of this inherent constraint, it is considered that the lowered minimum safe altitude will provide an improved or equivalent level of safety c ompared to large aircraft with pilot, passenger, flamma ble fuel, and cargo transitioning across many miles to perform its duties.

**14 CFR 91.121**

**– Altimeter settings** 
This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the c ase may b e, by r eference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;

• In t he case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

Due to the very

l imited area of operation afforded by l ine of sight operation and the low altitudes with which these operations are targeted, the intent of this section does not affect the level of safety f or sUAS operations To provide an equivalent level of safet y, ground level reference altitude s are established in part by on board GPS during the pre

- flight tests. **14 C.F.R. § 91.151 (a)**  **(1) : Fuel Requirements for Flight in VFR Conditions** 
The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fl y after that for at least 30 minutes.Given that the flights of the proposed aircraft are much shorte r in duration (less than 40 minutes), have a

limited area of operation , and limited size, weight, and speed, an equivalent level of safet y is achieved through built in battery

power monitoring provisions and the Operating Conditions outline in this petitio n. Those conditions coupled with the built in low battery “ return to home” features and fail safe checks built into the aircraft will provide an equivalent level of safet y.

**14 C.F.R. § 91.405 (a) :**  **Maintenance Required**
Maintenance of the petitioned s UAS is performed by t he operator in accordance with the instruction materials provided by

the manufacturer and as provided during training as applicable. An equivalent level of safet y can be achieved in lieu of the current rule when these instructions and training are followed and because the inherent properties of the aircraft which include:

- Small size and mechanical simplicity due to small electronic motors controlled by highl y refined electronic circuits as compared to conventional aircraft with large fuel propelled engines controlled b y a complex series of mechanical systems and linkages re quiring a high level of skill b y the maintenance crew

.

- Lack of cargo, crew, or passengers.

- Very limited area of remote operation dictated b y line of sight. As provided in the manuals and the operating conditions outlined in this exemption, the operator will
ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y maintenance that is performed. It is also recognized that the trained operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy c ondition and to ensure and equivalent level of safet y. Key e lement s of the aircraft are designe d to be easily changed (i.e. propellers) by trained operators such that the aircraft is easil y kept in an airworth y state.

**14 CFR § 91.407 (a) (1): Operation after Maintenance,**  **Preventive Maintenance, Rebuilding or Al**  **tercations**
This section applies only t o air craft with an airworthiness certificate, the re fore these sections would need exemption. The maintenance, preventative maintenance, rebuilding, and alterations will be performed by the operator pursuant to the manufacturer’s recommendations and the operatin g conditions outlined in this petition. The aircraft will be discrepancy f ree prior to initiating flight and will be g rou nded if mechanical issues are discovered. The operator will consult with the manufacture regarding an y unresolved discrepancies until t hey

h ave been restored back to factory s tandards. Additionally , the simplicity of the aircraft by

d esign facilitates limited wear parts and ability f or basic field maintenance. These aircraft attributes and procedures will provide an equivalent level of sa fet y
. **14 CFR § 91.409 (a) (1) & (2): Inspections**
This section applies only t o aircraft with an airworthiness certificate, therefore these sections would need exemption

. Pre

- flight and post

- flight inspections will be accomplished by t he operator to the manufacturer’s recommendations and as outlined in the operating conditions. Any discrepancies discovered during inspections will be resolved before further flight. An equivalent level of safety i s achieved because of these inspections and the limitations o f the aircraft and flight which include: f lights under 400 feet , small size, limited area of operation, and lack of cargo, crew, or passengers.**14 CFR § 91.417 (a) &**  **( b**  **): Maintenance Records** 

This section applies only to aircraft with an airworthiness ce rtificate and therefore these sections would need exemption. Maintenance will be accomplished by t he operator pursuant to the manufacturer’s recommendati ons and the operating conditions outlined in this petition. The operator will maintain records of maint enance performed

. An equivalent level o f safet y will be achieved through the inspection and maintenance outlined above and by the records of maintenance and repair that will be kept as outlined in this section.