Page i 3/11/16

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Re: Petition of Michael Caplinger , for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Dear Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform

Act ”) and 14 C.F.R. Part 11, Michael Caplinger (“petitioner”), hereby app lies for an exemption from the Federal Aviation Regulations (“FARs”) 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and (b) to the extent neces sary to allow commercial operations of small unmanned aerial vehicles (i.e. “small unmanned aircraft “ or “UAS”) for the purposes of aerial data collection and videography.

As in the Grant of Exemption No. 11062, 11109, 11112, 11213, and 12645 , e nhanced safety is achieved by using an unmanned aircraft rather than a much larger manned aircraft which

contains flammable fuel and l iving persons. Using a UAS for aerial data collection is a tool which adds flexibility and supplements the capabilities of manned aircraft.

For your convenience, the petition is organized as follows:Page ii



### T ABLE OF 

### C ONTENTS

I. DESCRIPTION OF PETITIONER

................................ ................................ ................................ .. 1

II. TYPES OF OPERATIONS

................................ ................................ ................................ ............ 1

A. Request to Use UASs for Aerial Data Collect ion

................................ ................................ .......... 1

III. RELEVANT STATUTORY AUTHORITY

................................ ................................ ................. 1

IV. PROPOSED OPERATIONS MEET SECTION 333 REQUIREMENTS

................................ . 2

A. Approval is Warranted Based on the UASs Size, Weight and Operational Capability

........... 2

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations

Manual

................................ ................................ ................................ ................................ ..................... 2

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

................................ ............ 5

A. 14 C.F.R. § 61.23: Medical Certificates: Requirement and Duration

................................ ........ 5

B. 14 C.F.R. § 61.101(e) and § 61.315(a): Recreational Pilot as PIC for compensation or hire

... 5

C. 14 C.F.R. § 91.119: Minimum Safe Altitudes

................................ ................................ ............... 6

D. 14 C.F.R. § 91.121: Altimeter Settings

................................ ................................ .......................... 6

E. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Condit ions

................................ .. 7

F. 14 C.F.R § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections 7

G. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

................................ .................. 9

VI. PUBLIC INTEREST

................................ ................................ ................................ ...................... 9

VII. PRIVACY

................................ ................................ ................................ ................................ ........ 9

VIII. FEDERAL REGISTER SUMMARY

................................ ................................ ........................ 9

IX. CONCLUSION

................................ ................................ ................................ ............................. 10Page 1

I. DESCRIPTION OF PETITIONER

Michael Caplinger is a West Virginia native with a high level of experience in Historical Preservation and Information Technology. Recently

, multiple companies have approached Michael, expressing interest in hiring Michael to provide aerial photography, videography, and

aer ial data collection services for use in historical society publications as well as local commercial

and real estate advertisement.

Michael Caplinger

243 Fields Park Road Morgantown, WV 26508

Counsel for Petitioner: Michael Lyons

9three Solutions Inc.

1281 Suncrest Towne Center Dr. Morgantown, WV 26505

II. TYPES OF OPERATIONS

A. Request to Use UASs for Aerial Data Collection

T he petitioner requests the ability to perform unmanned aerial missions for the purposes of aerial data collection, photography, and videography. This includes but is not limited to inspection of homes and properties, surveillance, monitoring of events, etc. and would allow the petitioner to film people, events, properties, and buildings for the purposes of marketing, promotion, and re creation.

III. RELEVANT STATUTORY AUTHORITY

This petition for exemption is submitted in accordance with Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, The FAA Administrator is to permit unmanned aircraft systems to operate in the National Airspace (“NAS”) where it is safe to do so based on the

follow ing considerations:

 The UAS’s size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Adminis trator has general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requestedPage 2

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the

Administrator ); 49 U.S.C. § 44701(f) (permitting exemptions from § 44701(a), (b) and § 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect the s afety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. PROPOSED OPERATIONS MEET SECTION 333 REQUIREMENTS

The proposed operations in the Petition for Exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied.

A. Approval is Warranted Based on the UASs Size, Weight and Operational Capability

The petitioner will employ the UASs identified in Section I V

, B below

. .1 of th is document

. These UASs will be used for all of the operations as set forth in the manufacturer’s user manual, hereinafter referred to as the “Operations Manual,” The UAS UASs will be limited to a maximum flight ground speed of 33mph, and vertical ascent spee d will be limited to 14mph, less than 50 kts

and will not have a weight in excess of 17 55 pounds. The UAS has UASs have an integrated GPS system to calculate th e UASs’ position and height and to relay that information via a secure connection to the operator. In addition, the UAS has UASs have failsafe modes that are triggered by certain events. The system permits the aircraft to return to a predetermined location and lan d to prevent injury.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manual

The manu facturer’s user manual, hereinafter referred to as the “ Flight Operations Manual ,”

contain s all of the procedures and limitations to successfully perform aerial data collection

, photography, and vid eography

. The aforementioned manual will be referred to he reafter as the “operator’s manual” To assist the FAA in its safety assessment of the petitioner’s operations, listed below is a summary of operational limitations and conditions which will ensure a level of safety equal to or exceeding the level of safety for operations that are conducted under the current regulatory guidelines:

1. The UAS that is used will weigh 55 pounds or less. The aircraft used will be a DJI

Phantom 2 Vision + and a DJI Phantom 3 Professional

2. Aircraft speed will not be flown at a ground speed exceeding 50 knots

.

3. Flights will be operated at an a ltitude of no more than 400 fe e t AGL.

4. Flig hts will be operated within visual line of sight (VLOS) of the P ilot

- In

Command (PIC) at all timesPage 3

5. All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally at all times.

6. The granted exemption and all documents needed to operate the UAS and conduct its operations will be accessible during UAS operations and made available to the Administrator upon request. Revisions and updates will be tracked and available to the Administrator upon request.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a fl ight critical component,

will undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight. The requirements and procedures for a fun ctional test flight and aircraft record entry are located in the operator’s manual.

8. The operator is responsible for maintaining and inspecting the UAS to ensure that is in a condition for safe operation

9. Prior to each flight, the PIC will conduct a pre

- flight inspection to ensure it is in a condition for safe flight. The pre

- flight inspection 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 will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

10. The operator will follow the manu facturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11. Each UAS operated under this exemption will comply with all manufacturer Safety

Bulletins.

12. The Pilot In Command (PIC) will possess 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

. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

13. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours an d currency will be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS will be c onducted only during dedicated training sessions , where all persons not essential for flight operations are consideredPage 4 nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119

14. UAS o perations will be conducted under visual meteorological conditions (VMC).

15. The UA will not be operated within 5 nautical miles of an airport unless a letter of agreement (LOA) with that airport’s management is obtained or otherwise permitted by a COA issue d. This LOA will be made available to the Administrator or any law enforcement official upon request.

16. 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 stat ute miles from the

PIC.

17. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre

- determined location within the private or controlled

- access property.

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

19. The PIC will be 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 for at least 5 minutes or with the

reserve p ower recommended by the manufacturer if greater.

20. All operations shall be conducted in accordance with an Air Traffic Organization (ATO)

- issued Certificate of Waiver or Authorization (COA)

.

21. All aircraft operated will be identified by serial number, regis tered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

22. The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the

PI C at the Ground Control Station of the UAS any time the aircraft is operating.

These documents will be made available to the Administrator or any law enforcement official upon request.

23. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

24. The UAS will not be operated by the PIC from any moving device or vehicle.

25. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:Page 5 a. Ba rriers 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 nonp articipating 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 undue hazard.

26. All operations shall be conducted over private or controll ed

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

27. Any incident, accident, or flight operation that transgresses the lateral or vertical
boundaries of the operational area as defined by the applicable COA will be
reported to the FAA's UAS Integration Office (AFS−80) within 24 hours.

Accidents will be reported to the National Transportatio n Safety Board (NTSB)
per instructions contained on the NTSB Web site: www.ntsb.gov.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The petitioner seeks and exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61, and 91 for purposes of conducting the requested operations using a UAS. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that the petitioner has put into place which will ensure a level of safety that is better than or equal to the rules from which the exemption is sought.

A. 14 C.F.R. § 61.23: Medical Certificates: Requirement and Duration

The petitioner requests and exemption from the medical certificate requirements of 14

C.F.R. § 61.23(a) and (c)

.

Equivalent Level of Safety

Compared to flight operations that are conducted with a manned rotorcraft flight, weighing far more than the maximum weights proposed herein, containing flammable fuel, and living persons, the equivalent level of safety for medical criteria in determining UAS operator requirements will be achieved by requiring at least a U.S. Driver’ s License as the FAA has

grant ed in other exemptions.

B. 14 C.F.R. § 61. 101(e) and § 61. 315(a) : Recreational Pilot as PIC for compensation or hirePage 6

The petitioner requests and exemption from the requirements of 14 C.F.R. § 61.101 (e)

and § 61.315 (a) which state that a recreational or sp ort pilot may not act as pilot in command of

an aircraft for compensation or hire or in furtherance of a business.

Equivalent Level of Safety

The FAA has exempted several UAS operators from this requirement and sets the

limitations that t he Pilot In Command (PIC) must possess either an airline transport, commercial, private, recreational, or sp ort pilot certificate.

C. 14 C.F.R. § 91.119: Minimum Safe Altitudes

The petitioner requests and exemption from the minimum safe altitude requirements of 14

C.F .R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). 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 rout es or altitudes specifically prescribed for the helicopters by the FAA.”

Equivalent Level of Safety

Compared to flight operations that are conducted with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammab le fuel, any risk associated with these operations is far less than those that presently exist with 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 will be operated. In order to avoid any risk to aircraft, flight operations

will be restricted to 400’ AGL or below.

D. 14 C.F.R. § 91.121: Altimeter Settings

The petitioner seeks an exemption from 14 C.F.R. § 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 to the extent that the UAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has states that an equivalent level of safety can be achieved if the UAS will be operated at 400’ AGL or below and within VLOS in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption to Astraeus Aerial, Docket No. FAA

2014

- 0352. As the attached Operations Manual indicates, the chosen UAS meets these requirements in that a zero altitude initiation point will be obtained prior to flight operations

.Page 7

E. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The petitioner requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin 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 aft er that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve powe r supply.

Equivalent Level of Safety

The FAA has state d that an equivalent level of safety is provided t he 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 for at least

5 minutes or with the reserve power recommended by the manufacturer if greater. See Grant of Exemption to CME Engineering LP , Docket No. FAA

- 201 5

- 4663

.

F. 14 C.F.R § 91.405(a), 91.407(a)(1 ), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

The petitioner seeks an exemption from the maintenance inspection requirements

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 911.417(a) and (b). These regulations specify mainte nance and inspections standards in reference to 14 C.F.R. Part 43. See,

e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS will not have.

E quivalent 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 Manual, as referenced in the Operations

Manual. F lights will not be conducted unless a flight operations checklist is completed by the PIC that includes all aircraft components. The Operations Manual also sets requirements for maintenance log book and record keeping as well as routine and post

- flight ma intenance. The Operations Manual sets requirements for both annual maintenance and preventative maintenance based on hours of flight.Page 8Page 9

G. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

The petitioner seeks exemption from 14 C.F.R § 61. 113 (a) and (b)

, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the ai rspace in which both the PIC and UAS will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this care, while the UAS will be operated as part of a commercial operation, it will carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0507, the FAA determined that a person holding a private pilot certificate “would not adversely affect operations in the NAS or present a hazard to persons or property on the groun d.”

Equivalent Level of Safety

In addition to these flight restrictions, the petitioner will further ensure safe flight operation by requiring that any PIC be thoroughly familiar with the airspace being operated in but also in the unique aspects of UAS flight. Pilots will also be required to conduct training flights at a local AMA site to gain flight experience and become familiar with the way the UAS flies and how it responds to inputs. The petitioner believes that this system will provide a higher leve l of competency and proficiency for its pilots resulting in a safer operational environment.

VI. PUBLIC INTEREST

Granting the petitioner’s exemption request furthers the public interest in many ways. National policy set by Congress favors early integration of UAS into NAS in controlled, safe working environments such as those proposed with this petition. Additionally the public also has

an i nterest in reducing the hazards and emissions associated with the alternate use of helicopters

or other aircraft used to conduct similar operations . The UAS are much lighter than their passenger carrying counterparts, do not carry any human life or flammab le fuel thus reducing the risk to human life in the event of an accident. Currently these operations are performed with helicopters or light aircraft; if these operations were performed with a UAS instead it would benefit the public

as the risk of an accid ent affecting human life are drastically reduced. In light of these advantages it furthers the public interest to use a UAS instead of other aircraft for these operations.

VII. PRIVACY

All flights will be conducted in accordance with any federal, state or l ocal laws regarding privacy.

VIII. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is necessary:Page 10

The petitioner seeks an exemption from the following rules:

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and (b)

This exemption will enhance the safety by reducing risk to the general public and property owners from the hazards associated with performing the same work with conventional rotorcraft

and aircraft.

IX. CONCLUSION

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, operation within visual line of sight, and national security; provides more than adequate justification for the grant of the requested exemptions to permit the petitioner to operate the selected UAS in the manner described

within.

Granting the requested exemption will benefit the public interest in many ways including (1) significantly improving safety and reducing risk to human life, and (2) improving the quality of services offered and decreasing the operating costs compared to those of conventional aircraft

and rotorcraft.

Michael Caplinger

________________________ 243 Fields Park Road Morgantown, WV 26508