September 2, 2015

Exemption No. 12725 Regulatory Docket No. FAA

− 20 15

− 2678

Mr. Norman Whitehurst

2845 Notre Dame Boulevard

Suite 370

- 101 Chico, CA 95928

Dear Mr. Whitehurst:

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 s post ed to t he public docket on July 1 and July 29, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. You requested to operate an unmanned

ai rcraft system (UAS) to conduct aerial photography, videography , and inspection for real estate, television, public events, news gathering, emergency response, and training 1

.

See Appendix A for the petition submitted to the FAA des cr ibing 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 pr ecedent, and any delay in acting on this petition would be detrimental to the petitioner

.

1 The petitioner requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS operations for training until a further assessment is completed. When the FAA completes its review, we will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other conditions and limitations in this exemption.2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision + and DJI Phantom 3

Professional

.

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 the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds 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 Decision

You have requested to use a UAS for aerial data collection 2

. 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 propo rtions, 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 a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 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.

2 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

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 th e Administrator, Mr. Norman Whitehurst 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.

Conditions and Limitations

In this grant of exemption, Mr. Norman Whitehurst 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 exempt ion are limited to the DJI Phantom 2

Vision + and DJI Phantom 3 Professional when weighing less than 55 pounds 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 the 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 le nses, 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 maintains 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 PIC4

must be de signated before the flight and cannot transfer his or her designation for 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

op erations in accordance with the conditions and limitations stated in this 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 limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mus t follow the procedures as outlined in its operating documents. The operator 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 l aw enforcement official upon request. The operator must also present updated 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 w hich 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 operation 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 must 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 i s responsible for maintaining and inspecting the UAS to ensure that it is 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 inspec tion must account for all potential discrepancies, e.g.

, inoperable components, 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 maintenanc e 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.5

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 certificate.

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). Fli ghts for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, 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 per mitted under the terms of this exemption. However, training operations may 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 distance 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 visu al meteorological conditions (VMC). Flights under special visual flight rules (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 exempti on holder. The letter of agreement with the airport management must be made 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.6

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 f or at least five minutes or with the reserve power recommended by the manufacturer 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

exemp tion holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in acc ordance 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 nonparticipating 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 remain 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 un due 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/control ler or authorized representative.7

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 operational 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

.

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. Nam e 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 ce rtificate 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 avail able 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

e ssential 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 sp ecified 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 superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresBrittany Newton Program Analyst, Airmen and Airport Rules Division

As requested

, I submit the following information:

Regulations from which the exemption is requested:
14 CFR subpart H 14 CFR 45.23(b)
14 CFR 61.113(a) and (b)

14 CFR 91.103 14 CFR 91.119(c)
14 CFR 91.121; 91.151(a)
14 CFR 91.405(a)
14 CFR 91.407(a)(1) 14 CFR 91.409 (a)(1) and (2)
14 CFR 91.417(a) and (b)

Commercial operation of an UAS, as described herein, which is equipped with a camera would operate

in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, land surveying, and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, and
news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners

or local government authority.

4. Aerial video and or photography to provide a live video feed to assist of an emergency or natural
disaster only when the local authorities o r government has requested it and will be provided at NO cost

of the l ocal government

.

6. The ability to offer training to individually or someone belonging to both private and/or public
organizations that have interests in the use and application of a UAS for the purpose of the safe
operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the
protection of th e persons and property.

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 as set forth in the Flight Opera tions Manual (FOM) include:

- The UAS weighs less than 55 lbs.- The UAS has a maximum operating speed of no more than 50mph.

- Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

- A flight check list will be perform ed regarding the planned UAS operations prior to each flight.

- All flights will occur under Visual Flight Rules.

- A 2

- man crew for each operation consists of a properly certified UAS Pilot in Command (PIC), according

t o FAA regulations, and the Visual Ob server (VO).

- Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer (VO).

- The PIC and VO will be able to communicate by voice or radio at all times.

- Maximum flight time for each operational flight is 15

- 20 min utes.

- The flights will occur no closer than a 5 mile radius of local airports.

- If operations will be within a 5 mile radius of an airport, the control tower or operations manager of

the respective airports will be contacted contacted advising them of th e estimated flight time, flight
duration, elevation of flight and other pertinent information.

- The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested
exemption, with the appropriate local Flight Standards Distric t Office (FSDO) no more than 72 hours
but no less than 48 hours from planned operation.

- We will always obtain verbal/written consent of all persons involved with the planned operation

ensuring that only consenting persons will be allowed within 100 feet of our flight operation. This radius
may be reduced to 30 feet based upon an equivalent level of safety determination.

- All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions,
including local law enforc ement, fire, or other appropriate governmental agencies.

- If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a
predetermined location within the Security Perimeter and land.

- The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedur al 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 require ments of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to
exempt aircraft from the requirement for an airworthiness cer tificate, upon consideration of the size,
weight, speed, operational capability, and proximity to airports and populated areas of the particular
UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness ce rtificate, in the restricted environment and under the conditions proposed will be atleast as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions propo sed.

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 airc raft, 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 FAA will have advance notice of all operations. These safety enhance ments 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. § 45.23 (b). Marki ng 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 aircraf t 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," "restr icted," "light

sport," "experimental," 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 “ Experi mental ” 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 §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its f uselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the

UAS as “ Experimental. ”

14 C.F.R. § 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. We may

achieve an equivalent level of safety as achieved by current regula tions because the applicant ’ s UAS do

not carry any pilots or passengers nor 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 the proper certifications.

14 C.F.R. §91.7(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
FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft formaintenance and use of safety check lists prior to each flight an equivalent level of safety will be
provided.

14 C.F.R. § 9 1.9 (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 ther e is available in

the aircraft a current approved 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 no 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 control point where the pilot flying

the UAS will have immediate access to it.

14 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 ma nuals will not be provided for the aircraft an exemption

will be needed. The PIC will take all actions including but not limited to reviewing weather, flight battery
requirements, landing and takeoff distances and aircraft performance data before initiatio n of flight.

14 C.F.R. §91.119: 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 pl atform 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.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as w ell 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 filming
activity, all affected individuals will b e aware of the planned flight operations. Compared to flight
operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 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 AGL. In addition, the low

- altitude operations of the 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. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference toA n altimeter that is set “ ...to the elevation of the departure airport or an appropriate altimeter settin g
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. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individua l 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 af ter 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 25 minutes of powered flight. To meet the 30

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately

- 5 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 reas onable.

Applicant believes that an exemption from 14 CFR §91.151(a) 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 b e allowed. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 15 minutes or 75% 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. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An 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 issu ed under §91.715 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 5 lbs. and is operated without an onboard pilot. As such,

there is no ability or place to carry certificati on 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 applicable to

the UAS.14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

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 sh all inspect or maintain the aircraft in compliance with Part 43.
Given that these section and Part 43 apply 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. If mechanical is sues arise the UAS can land immediately and will be operating from no
higher than 400 feet AGL.

The operator will ensure that the UAS is in working order prior to initiating flight, perform required

maintenance, and keep a log 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 inspe ctions will be performed in
accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure

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

In satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight,
speed, operating capabilities, proximity to airports and populated areas and operation within visual line

of sight and national security) provide more than adequate justification to grant the my request for
exemptions.

N orman Whitehurst

530

- 402

- 9178