### 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) ; 14 CFR 91.7 (a); 14 CFR91.9(b)(2); 14 91.103; 14 CFR 91.119(c) ; 14 CFR 91.121; 14 CFR 91.15(a); 14 CFR 91.203(a) and (b); 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) To whom it may concern: Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 ( the “Reform Act” ) and 145 CFR part 11, Gerald W. Vaughn, operator of an Unmanned Aircraft System ( UAS ), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of it’s 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 s ection 333 Commercial operation of a UAS, described herein, which are equipped with cameras and sensors, would operate in the following manner: 1. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 2. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities 3. Aerial inspection/photography of residential/commercial structur es under contract with the owners or local government authority. 4. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of emergency or natural disaster only when the government has requested it by contra ct or donation. 5. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 6. The ability to offer training to persons individually or belonging to both pr ivate an/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 as well as for the protection of the persons or property. 

# Gerald Vaughn 3914 N. Murray Rd Otis Orchards, WA 99027

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As des cribed fully below, the requested exemption would permit the operation of an UAS under controlled conditions in the NAS that would be a) limited b) controlled)predetermined and d) 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’s Administrators’ ) responsibilities to” ...establish requirements for the safe operation of such aircraft systems in the national airspace system.” The name and address of the applicant is: Gerald Vaughn 3914 N. Murray Rd Otis Orchards, WA 99027 Regulations from which the exemption is requested: 14 CFR part 21 subpart H 14 CFR 45.23(b) 14 CFR 61.113 (a) and (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 © 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) and (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) and (b) Gerald Vaughn wi ll operate the Phantom 3 advanced with a total weight of 1280g or 2lbs 13 oz. Dimensions are 40.36cm x 40.36cm x 19.05cm or 16” x 16” x 7.5”.Under still air the maximum speed is no more than 16m/s or 35 mph with a cruising speed of 11m/s or 25 mph. The DJI Phantom 3 advanced has the ability to hover and move along a horizontal and vertical plane simultaneously. The dji Phantom 3 advanced has 4 motors, motor model dji 3510, powered by a 4480mAh 4s LiPo lithium polymer battery There are 4 propellers, propelle r model dji model 1345, in use. The dji Phantom 3 advanced will be controlled with the c3 remote controller with an operating frequency of 2400GHz
– 2483GHz.The live video feed will have an operating frequency of 2.4 GHz ISM with maximum range of 1.2 miles . Gerald Vaughn will operate the UAS in line of sight within a closed off and predetermined area owned and/operated by the property representative.

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### DJI Phantom 3 Advanced **General Features**  Ready to fly
 3
- axis camera stabilization
 Precision flight and st able hovering
 GPS/GLONASS positioning and return to home
 Onscreen real
- time flight parameters
 High definition 1080p camera
 Camera tilt control
 Film straight down
 Supports adobe DNG RAW
 Adobe lens profile support
 Camera parameter settings
 Album synchronization
 FAA no
-fly zones locked out via installed software 

### Transmitter

 Operating frequency2400 GHz
– 2483 GHz
 Communication distance (open area) : CE 2000m; FCC: 2000m
 Receiver sensitivity ( 1% per ) :
- 101dBm +/
- 2dBm
 Transmitter power: CE 16dBm; FC C 20dBm
 Working voltage 1.2A @ 7.4V
 Battery 6000 aMh LiPo 2s **Camera**

 Operating environment temperature : 0 degrees C
- 40 degrees C
 Max resolution 1920 X 1080p
 HD recording : 1080p **DJI Vision App**

 System requirement: of mobile device android system version 4.0 or above, IOS version 6.0 or above.

### 4 Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform acts requirements. The approval of the application presents no nationa l 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, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimal delay. 

### 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 fli ght operations manual (FOM) include:

 The UAS will weigh less than 5 lbs ( DJI Phantom advanced weighs 1280 g or 2lbs 13 oz.
 The UAS will have a maximum operating speed of no more than 35mph.
 Flights will be operated within line of sight of the pilot in command (PIC) and/or visual observer.
 Maximum flight time for each flight will be 20 minutes. Flights will be terminated at 25% battery power reserve or 20 min. flight time whichever occurs first.
 Flights will be operated at an altitude of no more than 400 ft . above ground level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.
 Minimum crew for each operation will consist of the UAS pilot, the visual observer, and may include but not limited to a camera operator.
 The UAS pilot will be a designated pilot in command (PIC) and will take and pass all necessary certification currently being approved by the FAA administration for commercial use.
 A briefing will be performed regarding the planned UAS operation prior to each day ’s flight consisting of all the days’ production activities.
 All flights will occur under visual flight rules metrological conditions only.
 The flights will occur no closer than a 5 mile radius of the geographic center/airport reference point (ARP) of a to wer controlled or uncontrolled airport. The DJI Phantom 3 advanced has built in software for all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for all DJI drones to download and prevent any possible flights occurring within ‘no fly z ones’.
 If operations will be within a 5 mile radius of the geographic center/airport reference point 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.

### 5  The operator will file FAA form 7771
- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local flight standards district office no more than 72 hours but no less than 48 hours from planned operation.
 The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be within 100 feet of the flight operation and the radius may be reduced to 30 fe et based upon an equivalent level of safety determination, as required by the FOM. With the advanced permission of the FSDO, closer operations may be approved.
 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.
 The PIC and VO will be able to communicate by voice, radio, and/or text at all times.
 Written and/or verbal permission and permits will be obtained from territories, State, County or City jurisdictions, including law enforcement, fire or other appropriate governmental agencies.
 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre
- determined location within a designated location and land autonomously.
 The UAS will have the ability to abort a flight in case of unpredicted obstacles, weather, 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, established 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 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 airworth iness certificate, upon consideration of 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 airworthine ss 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 55lbs. (3lbs 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 othe r 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 FAA will have advance notice of all operations. These sa fety enhancements provide a greater level of safety to the public and property owners than conventional operations conducted with airworthiness certificates issues under 14 CFR part 21, subpart H. Lastly, application of these same criteria demonstrates tha t 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), Marking of the aircraft** 

### 6 **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 experimentally certified aircraft, the operator must a lso display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2” nor more than 6” high, the words, “limited”, “restricted”, “light
- sport”, “experimental” or “provisional” as applicable. Even though the UAS will have no airworthiness certificate, an exemption will 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, 2” 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 fuselages required by 45.29 (f) where the pilot, observer and others working with the UAs will se e the identification of the UAS as “experimental”. 1 **4 C.F.R. 61.113 (a) and (b): Private pilot privileges and limitations: Pilot in Command.** Pursuant to 14 CFR61.113 (a) and (b), no person who holds a private pilot certificate may act as pilot in command o f an aircraft that is carrying passengers or property for compensation or hire. An equivalent level of safety can be achieved by current regulations because the applicant’s UAS do not carry any pilots, passengers nor property. The risks attending to the op eration of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the UAS. **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 airworthiness condition. As there will be no airworthiness certificate issues for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for d etermining airworthiness. Given the size of the aircraft for maintenance and use of use check lists prior to each flight an equivalent level of safety will be provided. **14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight manual in the aircraft**
. Section 91.9 (b) (a) 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 approved airplane or rotorcraft flight m anual, 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

### 7 carry such a flight manual 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 aircraft 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 ensure 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 as stated in the manufacturer FOM in the pre
-flight inspection section, 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. 91.109 Flight Instruction.** 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. 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 instru ction in experimental aircraft. The equivalent level of safety is provided by the fact that neither the pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 C.F.R. 91.119: Minimum S afe**  **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 minimum prescribed, provided the person operating the helicopter complies with**  **any route or altitudes prescribed for helicopt ers 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 feet AGL, or not more 200 feet above an elevated platform from which the filming is planned, an exemption may be need**  **ed to allow such operations. As set forth herein, the UAS will never operate higher than 400 feet AGL with the exception**  **that in circumstances where the UAS is used to photograph or survey a structure whose height exceeds 400 feet AGL, the UAs will not be**  **operated more than 200 feet above the highest point of the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be**  **exposed 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 be taken without the permission of the property owner or local**  **officials. Because of the advance notice to the property o wner and participants in the filming activity, all**  **affected individuals be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than 55lbs proposed herein and the lack of flammable fuel, any r**  **isk 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 operat** **ions of conventional aircraft that must comply with section 91.119.**

### 8 **14 C.F.R. 91.121 Altimeter settings.** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set...”to the elevation of the 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 op erator, 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 individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast 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 for at least 45 minutes.” The battery powering the UAS provides approximately 255 minutes of power in flight. To meet the 30 minute reserve requirement in 14 CFR 151, UAS flights would be limited to approximately 10 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 in flight in daylight or twilight VFR conditions is reasonable. 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 be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 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 achieves by limiting flights to 20 minutes or 25% of battery power
-whichever occurs first. This restriction would be more than adequate to return the UAs to its pla nned landing site 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 airc raft 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 authorizatio n issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

### 9 The UAS fully loaded weighs no more than 55 lbs. 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 ground point where the pilot flying the UAS will have immediate access to them: to the extent they are appl icable to the UAS. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) and (b): Maintenance Inspections. These regulations require that and operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall be requir ed inspections, except as provided in paragraph © 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 app ly 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 bec ause the UAS is very limited in size and will carry a small payload and operate in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator w ill ensure the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an ai rworthy 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 manufacturer’s user manual. As provided in the FOM, the operator wi ll ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed. **Further information** The applicant, Gerald Vaughn, has been a quad copter hobbyist for several years and is pursuing the commercial aspects of aer ial video and photography that benefits the community. Safety and legality are areas of focus with the endeavors and the knowledge and criteria in section 333 of the reform act of 2012 are understood and acknowledged. Therefore, the applicant, Gerald Vaughn, respectfully requests the grant of the FAA 333 exemptions regarding commercial operation of the UAS. Best regards, Gerald Vaughn Otis Orchards, WA

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