Richard F. Charette (CFII) July 10, 2015

39475 N. Winchester Rd. Wadsworth, IL 60083 847

- 867

- 8296 Richchar96@gmail.com
**Petition of Richard F. Charette For Exemption Pursuant to Section 333**  **Of the FAA Modernization and Reform Act**  **of 2012**

Dear Director, Flight Standards Service: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, I (Richard F. Charette

– a FAA Certified Flight Instructor, CFII 1521939), hereby a pplies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of a small unmanned aerial system (i.e., sUAS). The exemption is in accordance with protocols outlined in this petition for exemption, and an y other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit commercial operations by Richard F. Charette, which uses and flies a Yuneec Electric Q500+ to conduct sUAS photography/videography as request ed by a third party, flight training, educ ation, real estate photography/videography, demonstration flights, accident investigation photography/videography, fire investigat ion photography/videography, photography/videography requested by local law enforcem ent agencies, and search/rescue operations . I (Richard F. Charette) as a CFI I would be subject to the strict operating requirements and conditions within the current Section 333 exemption and as may be modified by the FAA. This would ensure the same level of safety as is currently authorized in manned aircraft as published in the current FARs by the FAA. I (Richard F. Charette) will operate under controlled VFR conditions at low altitude in airspace that is permitted in accordance with my (Richard F. Chare tte) approved Certificate of Authorization (COA). As a FAA

- CFII, I have extensive knowledge of the various airspace requirements and will be in a position to not only apply the FARs to my own flying, but also pass that knowledge on to others interested in sUAS flight. I (Richard F. Charette) submit this request for exemption because I operate a sUAS. As a FAA

CFII the FAA can have confidence that the operations I conduct will have a high level of safety and the ability to pass my knowledge on to others interested in sUAS flying. Approval of my

Page 1exemption would thereby enhance safety and the ability to teach safety as well as fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” I (Richard F. Charette) have organized this Exemption request as follows: 1) Petitioner’s Description 2) Relevant Statutory Authority 3) Qualifications for Approval Under Section 333 of the Reform Act 4) Description of Proposed Operations 5) Regulations from which this request for Exem ption is requested 6) Public Interest 7) Privacy 8) Federal Registry Summary 9) Conclusion

1) **Petitioner’s Description:** I (Richard F. Charette) am headquartered in Wadsworth, IL. As an individual, I want to commercially provide sUAS service s to 3 rd parties requesting photography/videography, flight training, edu cation, real estate photography/videography, demonstration flights, accident investigation photography/videography, fire investi gation photography/videography, photography/videography requested by local law enforcement agencies, and search/rescue operations. I (Richard F. Charette) plan to operate in an accident

-free environment by: a) Following all regulation currently published by the FAA and Section 333 b) Identifying an y hazard and risk which would not allow for the safe operations of a sUAS c) Intervene and report when unsafe flying of others appear to exist d) Train others in the safe operation of sUAS and instruct them in all applicable FAA

- FARs The contact information for Petitioner (Rich ard F. Charette) is as follows:
39475 N. Winchester Rd. Wadsworth, IL 60083 847

- 867

- 8296 Richchar96@gmail.com
Page 22) **Relevant Statutory Authority:** This petition for an exemption is submitted to fulfill the

goal of Congress when it passed Sect ion 333 (a) through (c) o f the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems (UAS) into the National Airspace System (NAS) before completi on of the formal UAS rulemaking, based on the following considerations: 1) The s UAV’ s size, weight, speed, and operational capability 2) Operation of the s UAS in close proximity to airports and populated arears 3) Operation of the s UAS within the visual line of sight of the operator If the Secretary determines that such aircraft “may operate safely in the National Airspace System, the S ecretary shall establish requirements for the safe operation of such aircraft in the National Airspace System”. Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Admini strator decides a request exemption i s in the public interest. A party requesting an exemption must explain why the exemption: 1) Would benefit the public as a whole 2) Would not adversely affect safety and would provide a level of safety equal or better than e xisting rules. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms , includes exempting civil aircraft, as the term is defined under 40101 of the ACT, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

**The Administrator may grant an exemption from a requirement of a regulation prescribed under subs**  **ection (a)**  **or (b) of this section or any of the sections. 3)**  **Qualifications for Approval Under Section 333 of the Reform Act :**  The proposed operation in this petition for exemption qualifies for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied.

Page 3The proposed operations would permit Richard F . Charette the use of a sUAV under controlled

conditions in airspace that is:

1) Predetermined 2) Controlled as to access 3) Provides an increased level of safety beyond that existing when fixed or rotor wing aircraft that are used to accomplish the same purpose I (Richard F. Charette) use a sUAS that is a multi

- rotor weighing less than 10 pounds including the payload which con sist of a gimbaled camera used for photography and videography. The sUAS operates only under normal conditions, at an airspeed not to exceed 35 KPH . The sUAS has the ability to hover, move in a vertical and horizontal plane , as well as yaw around its vertical access while in a hover position. In addition, I (Richard F. Charette) will operate in a (not to exceed) line of sight mode, and only during daylight hours. The sUAV that I (Richard F. Charette) operate has a pre

- programmed AGL limit of 300 feet wh ich is 100 feet below the Section 333 altitude height limit. A NOTAM will be filed for each flight that operates in controlled airspace and would first be approved by the controlling FAA facility. All required permission s and permits would be obtained fr om the controlling government agencies prior to operating a sUAS. Given the small size and light weight of the sUAS involved and the environment in which operations will take place the exemption that I (Richard F. Charette) am requesting falls within the zone of safety in which Congress desired the FAA to permit commercial sUAS operations by exemption pending completion of formal rulemaking. In addition , because of the size, weight and qualifications/experience of the operator, approval of this exemption presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant publ ic benefit, the granting of this requested exemption to Richard F. Charette

– a FAA Certified Flight Instructor is also in the public interest. 4) **Description of Proposed Operations:** To assist the reviewer of this exemption request , I (Richard F. Charett e) offer a summary of the operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

a) The sUAS used will weigh less th an 10 pounds including its payload.

Pa ge 4b) Flights will be within line of sight and at or below 300 feet AG L of the PIC

. c) M aximum total flight time will be limited to 20 min and/or 25% of the reserved battery power whichever occurs first. d) Flights will be conducted at a horizontal distance of at least 100 feet from any inhabited structure, building, vehicle, vessel, people not associated with the operation of the sUAS. e) Minimum crew for each operation will consist of the PIC (Richard F. Charette) and a designated visual observer. f) The sUAS PIC (Ric hard F. Charette) has undergone comprehensive sUAS flight training for competency and has studied FAA 333 as well as Part 107 commercial compliance requirements

. g) Richard F. Charette will be the only PIC for each mission associated with this exemption request. h) Prior to each commercial mission at a particular location, a site inspection will be conducted to insure that all of the flight requirements associated with the Section 333 are met

. i) I (Richard F. Charette) will use a checklist and callouts associa ted with the Operations Manual

. j) The sUAS will be maintained in accordance with the inspection program outlined in the manufacturer’s guidelines

. k) In the unlikely event of an accident, I (Richard F. Charette) will cease operation and report the accident to t he appropriate government authority. l) The PIC and the Visual Controller will at all times be able to communicate by voice

. m) T he PIC and Visual Observer are trained in accordance to FAA, NTSB, and AFS

- 80 best practices. n) All required permission s and permits will be obtained from the local government agencies before a flight is conducted

. o) If the sUAS loses communication signal with the flight controller, the sUAS will have the ab ility to return to the launch location and land automatically

. p) The sUAS has the a bility via the PIC controller to abort a flight in case of unpredicted obstacles or emergencies. q) I (Richard F. Charette) by following FAA, NTSB, and AFS

- 80 best practices, will assure that no individuals’ privacy is violated

. r) I (Richard F. Charette) will c ontact the controlling ATC facility prior to operating in airspace other than G.

Page 5**5) Regulations from which this Request for Exemption is requested**  **: A** **) 14 CFR**  **– 91.103**  **– Preflight Action**  **B) 14 CFR**  **– 91.113**  **– Right** 
**- of Way Rules**  **C) 14 CFR**  **– 91.119 (c)** 
**- Minimum Safe Altitudes**  **D) 14 CFR**  **– 91.121**  **– Altimeter Settings**  **E) 14 CFR**  **– 91.151 (b)** 
**– Fuel Requirements for Flight in VFR Conditions**  **G) 14 CFR**  **– 91.405 (a), 91.407 (a) (1), 91.409 (a) (2),**  **91.417 (a) and (b)**
**– Maintenance Inspections** 

**A . 14 CFR § 91.103:**  I (Richard F. Charette) requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. a. Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, an d any known traffic delays of which the pilot in command has been advised by ATC; b. For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: i. For civil aircraft for which an approved Airplan e or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and ii. For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable infor mation appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
I (Richard F. Charette) will not operate a sUAS under IFR conditions or when the ceilings are below 1000 feet and the visibility is below 3 statute miles. **Equivalent Level of Safety** : In adherence to FAA, NTSB, and AFS

- 80 best practices, the PIC will assure that the weather will be adequate to complete the mission in VFR condition

.

Page 6**B. 14 CFR 91.113: Right** 
**- of** 
**- Way Rules**  **:** I (Richard F. Charette) request an exempti on from 14

CFR 91.113 Right

- of

- W ay rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of

- way, the pilot shall give w ay to that aircraft and may not pass over, under, or ahead of it unless well clear. I (Richard F. Charette) operate a small pilotless sUAS and cannot comply with these rules as they ha ve been written. **Equivalent Level Safety Flying :**  I (Richard F. Charette) operate a sUAS at or below an altitude of 3 00 feet AGL, well below the normal operating altitude of other aircraft. I personally oversee each mission and have knowledge of the see - an d

- avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations area. It’s the responsibility of the PIC to cease operations and land the UAS immediately whenever and aircraft comes into the vicinity creating a potent ial threat. Operations cannot recommence until the threat is clear. **C. 14 CFR. § 91.119: Minimum Safe Altitudes Flying :**  I (Richard F. Charette) request an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate: • Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an a ltitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. • Over other than congested areas at an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, t he aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended operations, the s UAS is normally operated below 3 00 feet AGL. Additionally, due to the nature of the proposed operations, the sUAS will maintain a horizontal distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation. **Equivalent Level of Safety :**  Compared to the flight of no rmal aircraft, I operate a multi

- rotor aircraft w eigh ing less than 10 pounds, and given the lack of fuel, any risk associated with these operations is far less than those that presently exist Page 7using conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the FAA, NTSB, and AFS

- 80 best practices, the sUAS will be operated in a sterile area, where buildin gs and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations prior to commencement of operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that are subject to the mini mum safe altitude regulations. **D. 14C.F.R. § 91.121: Altimeter Settings :**  I (Richard F. Charette) seek an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. **Equivalent Level of Safety** : An equivalent level of safety will be achieved by following the procedures set forth in the FAA, NTSB, and AFS

- 80 best practices. I will confirm the alt itude of the launch site shown on the GPS altitude indicator before flight. Moreover, as the PIC, I will use the GPS altitude indicator to constantly monitor the sUAS height, thus ensuring operation at safe altitudes. **E. 14 CFR 91.151(a) F uel Requirements**  **for Flight in VFR Flying Conditions:**  I (Richard F. Charette) requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section91.151 states: a. No person may begin a flight in an airplane under VFR condition s unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and assu ming normal cruising speed

– i. During the day, to fly after t hat for at least 30 minutes; or ii. At night, to fly after that for at least 45 minutes. The batteries powering the Yuneec Q500+ provide approximately 10

- 25minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could not be conducted. Giv en the limitations on the sUAS proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. I (Richard F. Charette) will not be conducting any sUAS flights at night.

Page 8**Equivalent Level of Safety** : An equivalent level of safety will be achieved because the operations will be conducted on

- site without significant transit time by the sUAS. All flights will be planned to terminate with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to its planned landing zone from anywhere in its confined area of operation even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minut es of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the s UAS, and the proximity of the flight op eration to the landing zone. **F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 9 1.417(a) and (b):**  **Maintenance Inspections :**  I (Richard F. Charette) also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify maintenance a nd inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections h ave discrepancie s repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have. **Equivalent Level of Safety :**  An eq uivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with FAA, NTSB, and AFS

- 80 best practices. 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 performed. 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. If mec hanical issues arise, the sUAS size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same ope ration. **6) PUBLIC INTEREST**  **:** Granting Richard F. Charette a FAA

- CFI exemption furthers the public interest. National policy set by Congress favors early integration of the s UAS into the national airspace in controlled, safe working environments such as those propose in this petition. The vision I have is to help facilitate safe integration of sUAS’s into mainstream USA i n the following areas: • Photography and Videography where the shot requires unique vi ews. Page 9• News Gathering Similar to movies and videography, each ne ws assignment may require a completely different shot or view of a scene. With budgets for traditional helicopter use being greatly reduced, the s UAS is the perfect solution to allow for easy news gathering for a fraction of the cos t. The sUAS can and will be operated in a sterile area away from the public, while t he traditional helicopter must operate over persons and property increasing the danger to individuals. • Real Estate

- The sUAS can be used in all areas of real estate, inc luding commercial, residential and industrial properties. Using a sUAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects ca nnot capture. The sUAS creates an easy-to

- use video and photo platform wh ich enables properties to stand out, providing dazzling views that are typically shown via expensive computer animation or costly helic opter rentals. **7) Privacy**  **:** I (Richard F. Charette) am deeply committed to protecting public privacy. As a skilled sUAS Pilot I am well aware that many individual have concerns about privacy from the operat ions of sUAS’s. **8) Federal Registry Summary**  **:** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Fe deral Register, should it be determined that publication is needed: I (Richard F. Charette) seeks an exemption from the following rules: 14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 91.405(a), 91.407 (a) (1), 91.409(a) (2); 91.417(a) and (b). Approval of this exemption r equest allows Richard F. Charette to conduct commercial operations with small and lightweight unmanned a erial systems. My singular vision is to enhance safety of sUAS operations in the NAS while reducing risk to the general public and property owners. The Yuneec Q500+ weighing less than 10 pounds and powered by batteries and electric motors, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of this s UAS will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of several regulations and allowi ng commercial operations. The lightweight sUAS will operate at slow speeds, clo se to the ground, and in a sterile env ironment. As a result, it is far safer than conventional fixed wing aircraft or helicopters. Page 10**9) Conclusion:**  For the foregoing reason, it is requested that the regulatory exemptions requested herein be granted, and the Petitioner (Richard F. Charette) be permitted to conduct commercial operations using a sUAS based on the aforementioned purposes. If additional information is required, or if you have any questions regarding this Petition for Exemption, ple as e contact the undersigned at: Richard F. Charette 39475 N. Winchester Rd. Wadsworth, IL 600883
847

- 867

- 8296 Richchar96@gmail.com

Submitted By: Richard F. Charette (CFII 1521939) Dated: July 10, 2015

Page 11