Petition for 333 Exemption

Petitioner

LONNIE P DUPONT

242 BACKSTEP ROAD

PLAUCHEVILLE IA7T362

318-305-7380

lo nnie d u p o n t@ g m a i l, co m

U.S. Department of Transportation, Docket Operations West Building, Ground Floor, Room

W12-14o 1200 New Jersey Avenue, SE Washington, DC 20590

Description of Relief Sought:

The petitioner is seeking an exemption to comrnercially operate its unmanned aircraft in UAS

compliance for aerial photography/videography of public/private events, television operations,

agricultural inspections, structural inspections, real estate photography/videography and to

assist law enforcement, first responders and other public agencies in search and rescue

operations.

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) and

(b); 1f,' cFR 91.7(a); 14 cFR 91.9(bX2); 14 cFR 91.103; 14 cFR 91.109; 14 CFR 91.119(c); 14 CFR

91.121; 14 CFR 91.1s1(a); 14 cFR 91.203 (a) and (b); 14 cFR 91.40s (a); 14 CFR 91.ao7 (a) ( ) 14

CFR 91.a09 (aX1) and (2); 14 CFR 91.417(a) and (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FM Modernization and Reform Act of 2012 (the "Reform Act") i

and 14 CFR Part 11, Lonnie P Dupont, operator of an Unmanned Aircraft System (UAS), hereby

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow

commercial operation of its UAS, so long as such operations are conducted within and under
the conditions outlined herein or as may be established by the FAA as required by Section 333

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would operate in the following manner:

1. Aerial video/photography or providing live 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.

2. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying engineering and other related professional activities.

4. Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

5. Aerial inspection/photography of residential/commercial utility infrastructure including but

not limited to electrical power lines-, wind turbines and cell towers.

As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be limited, controlled, predetermined and will

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 Administrator's) responsibilities to " establish

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

Regulations from which the exemption is requested

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

1a cFR 61.113 (a) & (b)

14 cFR 91.7 (a)

14 cFR e1.s (b) (2)

14 CFR 91.103
14 CFR 91.109

14CFR91.119(c)

14 CFR 91.121

14 cFR 91.151 (a)

1a cFR 91.203 (a) & (b)

14 cFR 91.4os (a)

14 cFR 91.407 (a) (1)

1a cFR s1.a09 (a) (2)

1a cFR s1.417 (a) & (b)

Lonnie P Dupont will operate the following aircraft:

DJI PHANTOM 3 PROFESIONAL

WEIGHT: 1280 grams(battery included), MAX SPEED: 16 m/s, GPS enabled with Return to Home

Failsafe, Max Altitude of 120 meters preset in software. Battery: 15.2 volt 4480 mah capable of

approx. 23 minute flight time.

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 to adhere to when conducting

commercial operations under the FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. The UAS will have a maximum operating speed of no more than 16 m/s

3. Flights will be operated within line of sight of the Pilot in Command (PlC) and/or Visual

Observer (VO). The applicant will operate the UAS in line of sight within a closed off and

predetermined area owned and/operated by the property representative.

4" Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated
at 25% battery power reserve or 20 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 40o feet Above Ground Level (AGL)

and not more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and

may include but not limited to a Camera Operator.

7. A briefing will be performed regarding the planned UAS operations prior to each day's flight

consisting of all the'days' production activities.

8. All flights will occur underVisual FIight Rules Meteorological Conditions (VMC) only.

9. lf operations will be within a 5 mile radius of the geographic center/Airport Reference Point

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted

advising them of the estimated flight time, flight duration, elevation of flight and other

pertinent information. Airport common traffic frequency or control tower frequency will be

monitored during operations.

10. The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 30 feet of the flight

operation. With the advanced permission of the FSDO, operations at closer range may be

approved.

11. The PIC and VO will have been trained in operation of UAS and receive uP-to-date

information for the particular UAS to be operated.

12. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

13. Written and/or verbal permission and permits as appropriate will be obtained from

territorial, state, county or city jurisdictions, including law enforcement, fire or other

appropriate governmental agencies.

14. lf the UAS loses communications with the remote controller or loses GPS signal, the UAS will

have the capability to return to a per-determined location within a designated locatlon and land

autonomously.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R.991.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness 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 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.544701 (f)) and Section
333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate. upon consideration of the size, weight, speed, operational capability,

and proximity to airports and populated areas of the particular UAS. ln all cases, an analysis of

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The uAs to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 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 monitored by both the operator and under the

requirements and in compliance with local public safety requirements. The FM will have

advance notice of all operations. These safety enhancements provide a greater degree of safety

to the public and property owners than conventional operations conducted with airworthiness

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 UAS, 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.

14 C.F.R. S 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 display 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, experimentat or provisional " as applicable' Even though the UAS will

have no airworthiness certificate, an exemption may be needed as the UAS will have no

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the uAs, two-inch lettering will be impossible. The word "Experimental" will be

placed on the fuselage in compliance with 945.29 (f). The equivalent level of safety will be

provided by having the UAS marked on its fuselage as required by 945-29 (f) where the pilot,

observer and others working with the UAS will see the identification of the UAS as

"Experimental"

14 C.F.R.9 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a

pilot in command of an aircraft that is carrying passengers or property for compensation or hire.

Petitioner may achieve an equivalent level of safety as achieved by current Regulations because
the applicant's UAS do not carry any pilots or passengers or property- The risks attendant to the

operation of UAS is far less than the risk levels inherent in the commercial activities outlined in

14 CFR 61. The PIC of the UAS will have Commercial Pilot's License along with a current Second

Class or higher Medical exceeding the current safety levels in relation to 14 CFR 61.113 (a) &

(b). I feel the operation and limitations will equate to the safe operation of the UAS.

14 C.F.R. 591.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FM regulatory standard will 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.

4 C.F.R. 5 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

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 approve-d airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof. The UAS, given

its size and configuration has no ability or place to carry such a flight manual on the aircraft, not

only because there is not 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 I control point where the pilot flying the UAS will have immediate access

to it14 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 rotorcraft flight manuals will not be provided for the aircraft

an exemption will be needed. The PIC will take all actions under Normal Procedures including

but not limited to reviewing weather, flight battery requirements, landing and takeoff distances

and aircraft performance data before initiation of flight.

14 C.F.R. 991.109: Flight lnstruction

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. UAS 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 flight 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.991.119; Minimum 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, provided the person

operating the helicopter complies with any route or altitudes prescribed for helicopters by the

FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to

operate at altitudes up to 400 AGL, or not more 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 UAS will never operate at higher than 400 AGL with the exception that in

circumstances where the UAS is used to survey or photograph a structure whose height exceeds

400 feet AGL, the UAS . lt will not be operated more than 200 feet above the highest point on

the structure. lt will however be operated in a restricted area with security perimeter, where

buildings and people will not be lexposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well

as the location where it is operated. No flight will b:e taken without the permission 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 weighting far more than

the maximum 551bs. 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 ft AGL. ln addition, the low-altitude operations ofthe UAS will ensure

separation between these UAS operations and the operations of conventional aircraft that

must comply with Section ' 91.119.

14 C.F.R. 591.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeterthat is set to the elevation ofthe departure airport or an appropriate

altimeter setting available before departure. As the UAS 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. I91.151(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 (considering wind and forecast weather 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 powering the UAS provides approximately 3O minutes of powered flight. To meet

the 30 minute reserve requirement in 14 CFR S91.151, UAS flights would be limited to

approximately 10 minutes in length, Given the limitations on the UAS'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 conditions is reasonable. Applicant believes that an exemption

from 14 CFR 991. 151 (al falls within the scope of prior exemptions. Operating the 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 of reserve fuel, does not

engender the type of risks that Section 91,151 (a) was intended to alleviate given the size and

speed of the small UAS. Additionally, limiting UAS 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 power-whichever

happens first. This. restriction would be more than adequate to return the UAS to its planned

landing zone from anywhere in its limited operating area.

14 C.F.R. 991.203 (a) and {b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: Except as provided in$ 91.715, no person may

operate a civil aircraft unless it has within it the following:

(1IAn appropriate and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under 991. 715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded

weighs no more than 551bs. and is operated without an onboard pilot. As such, there is no

ability or place to carry certification and registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the UAS will have immediate access to them, to the extent they are

I applicable to the UAS.

14 C.F.R. $91.405 (a); a07 {a) (1}; a09 (a) (2); a17(a) & (b): Maintenance lnspections

These regulations require that an aircraft operator or owner shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this

chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43- Given

that these section and Part 43 applv 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 the UAS is very limited in size and will carry a small payload and operate only

in restricted areas for a limited period of time. lf mechanical issues arise the UAS can land

immediately and will be operating from no higher than 4@ feet AGL The operator will ensure

that the UAS is in working order prior to initiating flight, perform required maintenance, and

keep a Jog of any maintenance 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 UAS Manufacturers User Manual. The operator will ensure

that the UAS is in working order prior to initiating flight and perform required maintenance as

needed.

Additional lnformation

The applicant has been flying and building UAS for approx. 3 years and has a great deal of

knowledge in their inner workings, construction, maintenance and most important their safety

concerns,

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 applicant's UAS.

Given the small size ofthe UAS 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, professional and private user education, the grant of the

requested exemption is in the public interest.

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Lonnie P Dupont