Theron Nesbitt

2113 Vickory Road Caro, MI 48723 tnesbitt@gmail.com
989

- 482

- 8021 October 9 , 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and CFR Part 11, Theron Nesbitt , owner and operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from the Federal Aviation Regu lations (FAR)
listed below so that Theron Nesbitt may operate UASs commercially in airspace regulated by the FAA., as long as such operations are conducted within and under the conditions outlined herein or as maybe established by the FAA as required by Se ction
333.

Theron Nesbitt is a enthusiast of remote control aircraft with over 10 years of experience

. Theron Nesbitt has a valid Michigan Driver ’ s licenses. All flight operations will be performed with the public’s safety and right to privacy s afe guarded at all times.

As described below, the requested exception would permit the operation of light weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a certified private pilot thereby enh ancing safety and fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsibility to” establish requirements for safe operation of such aircraft systems in national airspace systems.” Section 333(c), of the Reform Act.

Theron Nesbitt UAS is The DJI Phantom 3 Professional Quad Copter rotorcraft and the Yuneec Q500+ Typhoon , each weighing less t han 55 pounds including payload

. They operate at a speed less than 50 knots and have the capability to hover and move in the
vertical and hori zontal plane simultaneously. Both t he DJI Phantom 3 Professional Quad Copter and the Yuneec Q500+ Typhoon has an auto return to launch point when battery power is under 25%. The UAS will operate within the line of sight with in a protected flight area as d escribed below and at 4 00 feet AGL or less with an observer located closeat hand as to make voice communication possible. These operations will not create a

hazard to users of the nation airspace, public nor the environment.

Theron Nesbitt respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for commercial use,

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91. 9 (b) (2) 91.103 (b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b).

Theron Nesbitt submits this application in accordance with the Reform Act ,112 P.L. 95

331

- 334, seeking relief from any currently applicable FAR’S operating to prevent Theron
Nesbitt future commercial use of small UASs to operate in the national airspace system as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do

so. Theron Nesbitt UASs meet the definition of “small unmanned aircraft” as defined in Section 331 and therefor the integration of these UASs are expressly contemplated by
the Reform Act. Theron Nesbitt would like to operate its light weight UASs pri or to the time period by which the Reform Act requires the FAA to promulgate rules governing
such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in national airs pace before completion of the rule making required under Section 332 of the reform Act. In making this determination, the Secretary of Transportation is required to determine which UASs do create a hazard to users of the national airspace system or the pub lic or pose a threat to national security in light of the following:

The UASs size, speed, weight and operational capability

Operation of the UASs in close proximity to airports and populated areas

Operation of the UASs within visual li ne of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in national airspace.

Theron Nesbitt are rotorcraft weighing less than 55 lbs. and they operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UASs will operate only within the line of sight of the operator within

a pro tected flight area and at 4 00 feet AGL or less. These will not present a hazard to the national airspace nor the public.The very small nature of these UASs combined with the safe guards presented below,

will allow for the safe operation greater than t hat envisioned by Congress for the FAA to establish and by exemption allow commercial operations of UASs to commence immediately. Also due to the size of UASs and the areas and altitudes they will operate approval of this exception presents no national sec urity issues and absolutely minimal safety concerns which have been mitigated through our rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, t he strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the applicant requests that the FAA grant the requested exemption without delay.

The following will be considered as binding limitation on operations of Theron
Nesbitt

,

1. Flights will only occur in the day time hours,

2. Flights will be operated in the lin e of sight of the operator and o bserver

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations,

4. The UASs will weigh less that 55 lbs.,

5. Flights will be operated at 4 00 feet AGL or less.

6. Crew will b e at a minimum of operator and an obse rver and/or camera operator

, 7. Operator and crew will remain in contact during the flight operation,

8. The UASs operator will perform a check of the flight area and make certain of the safety of all persons in t he area,

9. Consent will be obtained from all persons with in the video capabilities of the units to further reduce the chance of violating anyone’s privacy.

10. All required FAA clearances, will be obtained and distances from airports strictly
observed.

11. All UASs will have the capability to return automatically to the operator in a safe manner with the auto return function checked and working.

12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be assigned to operate the UASs at a safe distance from the main fishing boat.

13. Flights will only operate in VFR conditions.

14. UASs have a function on the control to tell operator the distance away from the operator and its battery power remaining.

15. Flight team will communicate by voice and the use of two

- way radio if the area is too big to hear voice from all team members.

16. UASs will be used to photograph and video real estate, crops, marketing, and events

.17. When operating over or near water the UASs will be equipped with flotation devices
so that recove ry can be made as to prevent lithium battery exposure to the water
table. 14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement
of necess ary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Theron Nesbitt UASs flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform
Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from airworthiness certificates
in considerat ion of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Theron Nesbitt meets or exceeds each of these
elements

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA
for f lights at or under 4 00 AGL to any UASs operator with a section 333 exemption.

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These are inapplicable for the same reasons stated above. The equivalent
level of safety will be achieved by maintaining such certifications and registrations at
Theron Nesbitt operations center.

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable i n the form contemplated by FAR’s this regulation is inapplicable.

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the siz e of the UASs this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registrations at Theron Nesbitt operations center.

The FAA has previously issued exemptions to this regulation in Exemptions No’s 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain con ditions.
Theron Nesbitt will only operate its UASs at or below 4 00 AGL. They will be operated on a will defined AOR that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights will only be overprivate property that the owner has consented and all persons within this video area also

give consent for this filming. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel UASs operations present a far smaller risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery operat ed and fling below 4 00 feet AGL the risk of injury of people on the ground or the crew has been reduced or almost erased. The granting of the use of these small UASs by Theron Nesbitt will give the people another avenue to express themselves and to have a video record to share with family
and friends forever.

Granting Theron Nesbitt the above exemption will allow for the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment of the masses.

Theron Nesbitt respectfully requests the FAA grant its exception without delay. The FAA has the authority to issue the exemption sought by Theron Nesbitt pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely

,

Theron Nesbitt
2113 Vicko ry Road Caro, MI 48723 tnesbitt@gmail.com
989

- 482

- 8021 October 8, 2015