Joshua Stephen
2 Dutchess Ct. Saratoga Springs, NY 12866 joshstephen@gmail.com
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- 0431 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM
1200 NEW JERSEY AVE., SE
WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF : 

# Joshua Stephen

FOR AN EXEMPTION SEEKING REL IEF FROM
THE REQUIREMENTS OF THE FAA REFORM ACT AND

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 9 1.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS PURSUANT TO

SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on January 26, 2016

Joshua Stephen

2 Dutchess C t. Saratoga Springs, NY 12866

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- 0431 Joshstephen@gmail .comJoshua Stephen
2 Dutchess Ct. Saratoga Springs, NY 12866 joshstephen@gmail.com
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- 0431 

## Table of Contents

GLOSSARY OF ABBREVIATIONS

INTRODUCTION AND INTERESTS OF THE PETITIONER

Executive Summary Expeditious Summary Grant Approval Request Description of Type, Make and Models of sUAV/UAS Requested: Commercial (Mission, Operation) Purpose: Regulations from which the Exemption Relief is requested:
The name and address of the Petitioner: Background Commitment to Safety Expertise & Experience


### The Exemption Request Operator Req uirements Aircraft and Equivalent Level of Safety Specific Uses Public Benefits Equivalent Level of Safety 14 C.F.R. § 91.7(a ): Civil aircraft airworthiness 14 C.F.R. §91.119: Minimum safe altitudes 14 C.F.R. §91.121 Altimeter Settings 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance Inspections


### Federal Register Publication

Privacy and National Security

Summary

APPENDIX A

- EXEMPTION PATTERN
APPENDIX B

- TECHNICAL MANUALS AN D SPECIFICATIONS
APPENDIX C

- COMMERCIAL (MISSION/OPERATION) PURPOSE

- FAA PREVIOUS APPROVED
EXEMPTION NUMBERS
APPENDIX D

- EQUIPMENT

- FAA PREVIOUS APPROVED EXEMPTION NUMBERS
APPENDIX E

- EXEMPTION 14 C.F.R

- FAA PREVI OUS APPROVED EXEMPTION NUMBERS
APPENDIX F

- MONTHLY MAINTENANCE AND REPAIR LOG
APPENDIX G

– MOTION PICTURE AND TELEVISION FLIGHT OPERATIONS MANUAL VERSION
1.0Joshua Stephen
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## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traf fic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station

GPS Global Positioning S ystem
LOL Loss of Link
NAS National Airspace System
NOTAM Notice To Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
SO Safety Observer
SOP Standard Operating Procedures
sUAS Small Unmanned A ircraft System
sUAV Small Unmanned Aircraft Vehicle
UA Unmanned Aircraft
UAS Unmanned Aircraft System
UAV Unmanned Aircraft Vehicle
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Take

- Off and LandingJoshua Stephen
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- 0431 INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Joshua Stephen, Operator of Small Unmanned Aircraft S ystems (“sUAS’s”) equipped to offer on

- demand commercial UAS operations for a host of industries and applications and to perform the purposes listed below, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow comme rcial operation of its sUAVs/UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f)

As described mo re fully below, the requested exemption would permit the operation of a UAS under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancements in the fields in which it will operate, which now depend upon conventional aircraft or humans climbing high on dangerous structures, walking in insect laden swamps, and working adjacent to treacherous infrastructure. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’ s (the FAA Administrator’s) responsibilities to “... establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

Executive Summary

Expeditious Summary Grant Approval Request

T he petitioner requests the agency issue a summary grant process for this application. Petitioner has provided in a confidential document attachment labeled as petitioner proprietary information, specific exemption numbers whereby the FAA has already grante d a previous exemption similar or identical to each and every request, herein.

For the FAA’s benefit, Petitioner’s Consultant, Gowdy Brothers Aerospace, LLC, has researched, categorized and arranged all 631 exemptions granted as of June 23, 2015 into a u sable searchable database, based upon the following criteria: date submitted, date grant issued, time to petition grant, petitioner, petitioner’s state, exemption number, sUAV equipment type, grant purpose (mission/operation), along with other supporting d ata.Joshua Stephen
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### Joshua Stephen relies upon the following exemptions where specific reference to an exemption is not provided: Exemptions 11062 thru 11067, 11080, 11109 through 11112, 11114, 11213, 11062 and as recent as 11857.

Petitioner has identified four pre vious approved exemptions for each of the Petitioners FAA submission requests:

• Commercial (mission/operation) purposes;

• Type of sUAVs (UAS);

• Title 14 Exemptions (exemption pattern referenced in appendix A) 1

Description of Type, Make and Models of sUAV/UA S Requested:

The petitioner is seeking an exemption to commercially operate sUAVs makes and models as

follows:

1. DJI

- F450

2. DJI

- F550

3. DJI

- Inspire 1

4. DJI

– Matrice 100

5. DJI

- Phantom 2

6. DJI

- Phantom 3

7. DJI

– Spreading Wings S800

8. DJI

– Spreading Wings S900

9. DJI

– Spreading Wings S1000

10. DJI

– Spreading Wings S1000+

11. 3D Robotics Aero

– M

12. 3D Robotics Fixed Wing

13. 3D Robotics Iris

14. 3D Robotics Solo

15. 3D Robotics X8

16. 3D Robotics X8+

17. 3D Robotics X8

- M

18. 3D Robotics Y6

1 Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they contain proprietary confidential business information that is not released to the public and is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act Section 333 (b).Joshua Stephen
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- 0431 Each separately weighs 55 lbs. or less, with imaging payload and applicable equipment.

Equipment operation manuals for each sUAV are included for your reference and are considered confidential information for each respective company’s UAS and are affixed separately in these documents labeled Append ix.

Commercial (Mission, Operation) Purpose:

This exemption request, once granted would allow the petitioner to operate a small unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) to conduct bridge Inspections, flare stack inspection, utility

- power generation system inspections and patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of utility infrastructure including but not limited to

e lectrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial sur veying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and li ve video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsg athering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: including high schools, colleges, professional s ports, open air events and fairs, research, risk management and assessment, motion picture production 2 , surface mining, closed set filming 3 , disaster and catastrophe events.

Regulations from which the Exemption Relief is requested: 14 C.F.R. § 61.113 (a) & (b) 14 C.F.R. § 61.133(a) 14 C.F.R. § 91.7(a)

2 Motion Picture and Television Flight Operations Manual is herein attached as Appendix G.

3 Motion Picture and Television Flight Operations Manual for closed set filming is herein attached as Appendix G.Joshua Stephen
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- 0431 14 C.F. R.§ 91.119
14 C.F.R. § 91.121 14 C.F.R. § 91.151 (a) 14 C.F.R. § 91.405 (a) 14 C.F.R. § 407 (a) (1) 14 C.F.R. § 409 (a) (2) 14 C.F.R. § 417 (a) & (b)

See Appendix E

The name and address of the Petiti oner: Joshua Stephen

2 Dutchess Ct.
Saratoga Springs, NY 12866

Background

The Petitioner, Joshua Stephen is a highly accomplished, capable, experienced and trusted professional.

Joshua Stephen has been a full

- time construction professional for 19 year s. His background is in commercial concrete construction. After finishing school Josh went to work for a local construction supplier that specialized in supplies for the concrete construction industry. After learning the business he was promoted to operati ons manager of the firms New York City location in 2002. At this location he was in charge of supplying all of the major construction sites in the New York City metropolitan area with various concrete construction materials for both repair & new construct ion mainly focusing on high rise construction & highway repair. Josh ran the New York City location for 4 years before returning to Upstate New York home location. In 2008 he went to work for a large commercial concrete contractor in the Albany, NY area as a project manager where he is still at today. He has since gone on to manage numerous projects throughout the country specializing in arena construction for this company. With the way the construction industry has grown over the past 5 years there is a gr owing need for aerial photography for job progress tracking. Josh has been interested in aerial imagery for the past 3 years or so. Starting off with what were small toys, have now became a big part of his life with

latest advancements in multi rotors tech nology. As a project manager, Josh understands the importance of liability and legality. He plans to pursue the aerial drone photography videography in the same professional manner in which he conducts himself as a project manager in the construction ind ustry. The ultimate goal is to use the drone to obtain motion and still imagery for real estate & construction progress. In order to conduct this type of work within the proper legal and ethical manner, Josh is prepared to take the necessary steps. It isJoshua Stephen
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- 0431 i mportant for him to complete the necessary training and permitting in order to obtain liability insurance while ensuring he can operate a drone safely, professionally and lawfully.

Commitment to Safety

As part of its commitment to safety and innovation, Joshua Stephen is asking for this exemption in part, to reduce the risk of injury to its employees and contractors who participate in the proposed activities the petitioner requests, including but not limited to damage to agriculture, natural habitat, buil dings and other structures within the United States.

Expertise & Experience

Joshua Stephen has professional experience as a trusted sUAV pilot and is extremely qualified and is considered an up and coming subject matter expert in the New York area for UAS of all types, models and makes.

The Exemption Request

Joshua Stephen proposes the use of the sUAVs will be for capture of high resolution imagery and video of residential or commercial applications and purposes to a level of quality that allows

the Petitioner to use the imagery to identify, record, memorialize events and objects according to the purposes noted.

The imagery and video will be used to identify the condition of landscapes, agriculture, events,

disasters and infrastructure to conduct br idge inspections, flare stack inspection, utility

- power generation system inspections and patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of util ity infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monit oring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support operations, aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public ev ents, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special

events: including high schools, colleges, professional sports, open air events and fairs research,Joshua Stephen
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- 0431 risk management and assessment, motion picture production, surface mining, closed set filming, disaster and catastrophe events.

The UAS will be operated by a Josh ua Stephen and or contracting operators on occasion to capture high

- resolution imagery/video of large structures (wide and tall) such as warehouses, high rise buildings, bridges, and construction sites, as well as “bird’s eye” views of fire and explosion s ites. Given the small size of the sUAVs involved, no more than 55 lbs., majority of the speed of operation be between 5

- 15 mph and the restricted environment within which they will operate, the Petitioner falls squarely within that zone of safety (an equiv alent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately.

This exemption application is submitted to fulfill Congress’ express goal in passing Sections 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Ref orm Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’ size, weight, speed, and o perational capability;

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

• Operation of the UAS within visual line of sight of the Operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added). 4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702

- 44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1) This authority to grant exemptions reaches such issues as authorization of commercial operation of aircraft without an FAA issued pilot’s license.

5 Applicant interprets this provision to place a dut y on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the st atutory requirements for approval.Joshua Stephen
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- 0431 Joshua Stephen in filing this application is requesting that the FAA combine the grant of the Section 333 exemption with a standard Certificate of Ope ration (COA) that will allow commercial operations of its Joshua Stephen’ sUAV without the necessity of filing for a COA for each flight, unless such flight is to be conducted in an area not approved in the exemption. Compliance with the conditions agreed to herein and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed from other aircraft.

In addition, given that all operations will be conducted below 400 AGL feet and no closer than 5

nautical miles of the geographic center of an airport as denoted on a current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained, Joshua Stephen requests that operations over congested or densely populated areas be

a llowed. The new sUAVs do have GPS geo

- fencing, it will operate at a very low altitude, within confined areas, at low speed and weighs no more than 55 lbs. Such operations will only be

under

- taken with the approval of the land or home owner, as set forth he rein, and will comply with the requirements that operations be no closer than 500 feet to the adjacent building unless the land owner has provided permission, and the Operator has made a safety assessment of the risk from such operations.

Operator Req uirements

Given the sUAV proposed by Joshua Stephen, Operators should not be required to hold a private pilot license. Joshua Stephen believes that 1) the operator, instead of understanding how to operate a passenger carrying aircraft, should have knowled ge and experience that enables the safe operation of a small, remotely piloted sUAV should understand airspace restrictions and know how to ensure separation from other aircraft as well as non

- participants and property; 2)

the sUAV has built

- in technical c apabilities that limit the potential for unsafe operation and 3) there are other security screening mechanisms already in existence that Joshua Stephen will utilize to ensure the operators are acting consistently with national security interests.

Given t he sUAV safety features outlined below, Joshua Stephen proposes that its operations under this Exemption request should not be required to hold a commercial or private pilot certification. Instead, Operators should be required to: have successfully complet ed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written

examination or FAA

- recognized equivalents; have completed Joshua Stephen’ training program for operation of the UAS.

Joshua Stephen notes that 1) the FAA has f ound that safety factors permitted operation of sUAVs by Operators with these qualifications in the case of operations pursuant to public COAsJoshua Stephen
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- 0431 when the mandatory operating conditions specified above were present; and 2) that the Notice of Proposed Rulemaki ng entitled Operation and Certification of Small Unmanned Aircraft Systems, 80 F.R. 9544 (February 23, 2015) (“NPRM”), does not require the operator to hold a private pilot license or a third class medical.

Advanced sUAVs have a navigation and control sy stem and auto

- pilot that allows it to execute

very accurate pre

- programed flights. Flights are pre

- programmed with GPS waypoint to establish perimeters beyond which the aircraft will not operate. Flights under auto

- pilot are not directed by positive manual input, but through pre

- programmed flight parameters that are executed by the auto

- pilot. In the case of unplanned events, the Operator inputs preprogrammed evasive maneuvers from the control unit, and the autopilot executes those

maneuvers. Pre

- programmed Operator interventions include: initiation of holding at present position; suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (flight termination system). Additional automated safety

f unctions and safety enhancing features of the advanced sUAVs may include the following:



### 1) Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate landing, 2) Low power on the aircraft triggers escalating alarms at GCS at 3 5% and 10% levels. Low power below 10% triggers an immediate landing, 3) If the auto

- pilot detects a lost

- link to the ground controller, the UAS will hold position at its current location for 5 seconds and if the signal is not restored,

execute a return to home and land, 4) Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or un

- commanded deviation from the flight path, 5) The aircraft, weighs less than 55 lbs., fully loaded, 6) T he motors are driven by pulse width modulated signals, not analog signals, 7) The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the structure (imaging altitude) or a maximum of 400 feet AGL.

See F ederal Aviation Administration, Notice N

- 8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20

- 21 (July 30, 2013); As the FAA has determined in Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the requirements fo r private pilot knowledge and the knowledge required for a commercial pilot, that knowledge associated with a private pilot license, and therefore private pilot ground school, was sufficient to allow private pilots to operate sUAVs under those exemptions.

Based upon that analysis, Joshua Stephen believes successful completion of FAA private pilot ground school is a suitable predicate to operating the sUAV under this exemption. Joshua Stephen proposes that the Operator accumulate required sUAV flight train ingJoshua Stephen
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### hours through the operation of sUAVs rather than flight hours in conventional aircraft. Those hours are more relevant to the operations proposed herein than hours gained in obtaining a private pilot’s certificate in conventional or rotor aircraft. Thos e aircraft are orders of magnitude heavier than the sUAS and carry not only the pilot himself, but also passengers and fuel, none of which is carried in the sUAS. These conventional aircraft fly over all sorts of airspace without the permission or knowledg e of the landowner.

A handheld radio controller controls the sUAV and the vehicle is operated within the line of sight. The requirements of Part 61.127 (commercial flight proficiency) and §61.107 (private flight proficiency), to the extent they are relev ant to UAS operations, can be taught in the training proposed herein. As a review of the requirements of part 61.127 and 107 demonstrate, the issues presented as they relate to a 55

- pound aircraft, operating at less than 30 mph during filming operations ar e those taught in ground school and in flight training with the particular UAS and not gained from accumulating flight hours in a fixed wing or rotorcraft gas or jet A powered aircraft completing cross country flights and take offs and landings at controll ed and uncontrolled airports.

As to national security review of pilots, each of Joshua Stephen’s pilots/operators will obtain internally provided certified training (Ground and Practical) from Joshua Stephen to operate the sUAV. This review and certifica tion could reasonably vet the Operators against any known terrorist or no fly listings that are relevant and publically available.

Joshua Stephen additionally asks that the exemption be issued without the requirement for a visual observer. As set forth he rein, an equivalent level of safety is provided by the size, speed and control capabilities of the aircraft, as well as the operational procedures that will be applicable to all flight hereunder. These obviate the need for the visual observer.

The Operat or will be operating the aircraft, always within line of sight. He or she will walk and follow the aircraft around the inspection area so that while it is flying its pre

programed and at times, manual flight path, the UAS will always be directly in his or her line of sight. The Operator will not be distracted by viewing the pictures taken during the flight. Rather, once the sUAV is launched, the Operator’s only duty will be to watch the flight of the UAS over the structure and intervene to address flight pa th deviations or other issues that arise during the flight. The functions that an observer performs where the aircraft is flown at long distances from the launch area will not be necessary as the Operator will always have the aircraft in his or her direct sight. The observer also will not be necessary because the Operator will conduct a pre

- flight inspection of the area, will and if needed, cordon off the area and will perform frequent visual scans of the area while the vehicle is operating.

Joshua Stephen again notes that the NPRM does not require the use of a visual observer. Given the clear direction in Section 333 of the Reform Act; the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the

pro posed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated withJoshua Stephen
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### allowing battery powered sUAVs for these functions instead of turbine or gas power aircraft/rot orcraft and operations with pilots having at least a private pilot license, the grant of the requested exemptions is in the public interest

Aircraft and Equivalent Level of Safety

The Petitioner proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed opera tions represent a safety enhancement to the operations conducted with conventional aircraft or with humans climbing up and around structures. These conditions are drawn from Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 an d as recent as 11857.

These limitations and conditions to which Joshua Stephen (referred to as “Operator”) agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. Operations authorized by this grant of exemption a re limited to the aircraft described in the Operator’s manual, which is a multi

- rotor weighing up to 55 pounds. Proposed operations of any other aircraft will require a new petition or a petition to amend this
grant.
2. The UA may not be flown at an indicated airspeed exceeding 30 mph (10 mph during inspections).
3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the Operator’s manual. All altitudes reported to ATC must be in f eet AGL.
4. The UA must be operated within visual line of sight (VLOS) of the Aircraft Operator at all times. This requires the Aircraft Operator to be able to use human vision unaided by any device other than corrective lenses.
5. The Exemption Holder’s Manua ls must be amended to include all conditions and limitations required by the FAA. The Manuals must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the p rocedures outlined in the Exemption Holder’s Operator’s manual, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the Aircraft Operator must follow the procedures as
outlined in its Aircraft’s manual. The Exem ption Holder may update or revise its Manuals. It is the Exemption Holder’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The Exemption Holder must also present updated and revised docum ents if it petitions for an extension or amendment of this exemption. If the Exemption Holder determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the Exemption Holder must petition for amendment to its exemption.Joshua Stephen
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- 0431 6. Prior to each flight, the Aircraft Operator must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating unti l the necessary maintenance has been performed, and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

7. 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 in accordance with the Exemption Holder’s Manual s. The Aircraft Operator who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the Exemption Holder’s Op erator’s manual.
8. The Exemption Holder must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components that may not be addressed in t he
manufacturer’s manuals.
9. The Exemption Holder must carry out its maintenance, inspections, and record keeping requirements in accordance with the Operator’s Manuals. Maintenance, inspection, and alterations must be noted in the aircraft logbook, includin g total flight hours, description of work accomplished, and the signature of the authorized technician returning the UAS
to service.
10. The authorized technicians must receive and document training referenced in the Exemption Holder’s Manuals.
11. Each UAS operat ed under this exemption must comply with all manufacturer System and Safety Bulletins.
12. The Exemption Holder’s maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies
disc overed between inspections.
13. Prior to commencing operations, the Aircraft Operator shall have logged at least 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type and 5 hours in the make and mode l.
14. 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 and land or be recovered in accordance with the Exemption Holder’s Manuals.
15. The Aircraft Operator m ust abort the flight in the event of unpredicted obstacles or emergencies, including unauthorized people entering the flight area, in accordance with the Exemption Holder’s Manuals.
16. The Aircraft Operator is prohibited from beginning a UAS flight unless (co nsidering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 10
minutes.
17. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

-Joshua Stephen
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- 0431 Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
18. Before conducting operations, the radio frequ ency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
19. The documents required under 14 CFR 91.9 and 91.203 must be available to the Operator 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.
20. The UA must remain clear and yield the right of way to all othe r manned operations and activities at all times (including, but not limited to, ultra

- light vehicles, parachute activities, parasailing activities, hang gliders, etc.).
21. The UA may not be operated by the Aircraft Operator from any moving device or
vehicle.
22. UAS operations may not be conducted during night, as defined in 14 CFR 1.1.
23. All operations must be conducted under visual meteorological conditions (VMC). 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 Operator.
24. During operations the UA may not operate within 5 nautical miles of the geographic center of an airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreemen t with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM, if as required by the Operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
25. The UA may not be operated over congested or densely populated areas unless the conditions set for in #26 are satisfied. These populated areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the Operator’s responsibility to maintain the minimum safe altitudes required by § 91.119 (d) (1)
26. Flight operati ons 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 debris in the event of an accident. The Aircraft Operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 30 feet of the UA, flight operations must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and/or the Aircraft Operator has made a safety assessment of the risk of operating closer to those objects and;

c. Operations near the Aircraft Operator do no t present an undue hazard to the Operator per § 91.119(a).Joshua Stephen
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- 0431 27. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from
land owner/controller or au thorized 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 FAA’ 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

.

Specific Uses Public Benef its

Joshua Stephen proposes use of its sUAV provided equivalent or augmented levels of safety for each of the uses proposed herein:

The present systems of photography and videography and mapping of inspecting the roofs, agriculture land, buildings and large structures site surveys, wild life monitoring, mosquito and insect control are now conducted by either a person wading through swamps, climbing on the roofs and structures that are steep, tall, slippery, weakened or otherwise hazardous or by the use
of conventional aircraft.

The current procedures can result in significant injuries to the people who must climb on the roofs or require the use of aircraft that are orders of magnitude greater in size than the sUAV. Either method, manual inspection or l arge conventional aircraft, results in increased risk of injury due to personnel falling off roofs or ladders, carrying heavy ladders and dealing with confined and dangerous spaces, or increased risk from low altitude flyovers with helicopters or fixed win g aircraft inspecting buildings after damage from storms or other disasters, such as earthquakes or fires. Such flights are, of course, significantly more expensive than those undertaken with a
sUAV.

The present system exposes those not only in the immed iate area of inspection, but those who are along the path of flight associated with the arrival and departure of the conventional aircraft at the inspection site because the aircraft must be flown to and from the site. By contrast, the sUAV is
carried to t he site and transits no other property. Conventional aircraft carry flammable fuels that are not carried by the UAS and emit pollutants associated with internal combustion engines. The sUAVs proposed herein are battery powered and have no emissions.

Equiv alent Level of Safety

14 C.F.R. § 61.113(a) & (b);: Private Pilot Privileges and Limitations; Pilot in Command;

Section 61.113(a) & (b) limit private pilots to non

- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, a nd cargo, the Joshua Stephen’ sUAV is remotelyJoshua Stephen
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- 0431 controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire.

Joshua Stephen respectfully proposes that Operator requirements should take into account the characteristics of the particular UAS. Joshua Stephen’ sUAV has a high degree of pre

programmed control and various built

- in technical capabilities that strictly limit t he potential for operation outside of the operating conditions set forth in the exemption application. The Joshua Stephen’ sUAV has navigation and control system comprised of a Ground Control Station (GCS)
and auto

- pilot system that can be pre

- programmed t o set operational boundaries. All flights are

pre

- programmed with precision GPS guidance. In the case of unplanned events, the Operator may input pre

- programmed evasive maneuvers from the control unit, and the onboard autopilot
executes those maneuvers. Pr e

- programmed Operator interventions include initiation of holding at present position; suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (Flight Termination System).

Additional autom ated safety functions and safety enhancing features of the Joshua Stephen’ sUAVs may include the following:

a. Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate landing.
b. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low power below 10% triggers an immediate landing.

c. If the auto

- pilot detects a lost

- link to the ground controller, the UAS will hold position at its current location for 5 seconds and if the signal is not restored,

execute a r eturn to home and land.
d. Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or un

- commanded deviation from the flight path.

e. The aircraft, weighs less than 55 lbs., fully loaded.
f. . The mot ors are driven by pulse width modulated signals, not analog signals.

g. The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the structure (imaging altitude) or a maximum
of 400 AGL.

Given these safety fe atures, Joshua Stephen proposes that Operators of the Joshua Stephen’ sUAV should not be required to hold a commercial or private pilot certification.

Instead, Operators should be required to: have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAA

recognized equivalents; have completed the manufacturer’s or Joshua Stephen’ training program for operation of the UAS.Joshua Stephen
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- 0431 Joshua Stephen notes that the FAA has found that safety factors permitted operation of UASs by Operators with these qualifications in the case of operations pursuant to public COAs where the mandatory operating conditions specified above were present. See, Federal Aviation Administration, Notice N

- 8900.227, Unm anned Aircraft Systems (UAS) Operational Approval,
at 20

- 21 (July 30, 2013). Likewise, Joshua Stephen notes that the NPRM does not require that the Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equiva lent level of safety will be provided by allowing operation of the Joshua Stephen’ sUAV without a private pilot’s certificate or a commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the Joshua Stephen’ sUAV (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fi xed wing or rotorcraft), that allowing operations of the UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft u nder § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS withou t an airworthiness certificate, no standard will exist for airworthiness of the UA. Given the size of the aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as contained in the manual, an equivalent level of safet y will be achieved by insuring compliance with the manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 est ablishes 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 sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the s ize, weight, and 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, facility owner, and/or local officials. Because of the advance notice to the property owner and participan ts, all affected individuals will be aware of the planned flight operations as set forth in the Manuals. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. and the lack of flammable fuel, any risk associate dJoshua Stephen
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- 0431 with these operations is far less than those presently presented by conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition, the low

- altitude operations of the sUAS will ensure separation between these small

- UA S operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.121 Altimeter Settings

This regu lation 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 Joshua Stephen’ sUA V, in manual or emergency mode, will not have a barometric altimeter display, but instead a GPS altitude display, an exemption will be needed. The Operator, pursuant to the procedures set forth in the Manuals as indicated before flight, will achieve an equ ivalent level of safety. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

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

Section 91.151(a) prohibits an individual fro m 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 after t hat for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet
the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would b e limited to approximately 10 minutes in length. Given the limitations on the UAS’ proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight
is reasonable.

Petitioner believes that an exe mption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small 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 Section 91.151(a) was intended to alleviate given the size and speed of the small U AS.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of remaining battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, through11067, 11080 and 11110.Joshua Stephen
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- 0431 14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a ) (2); 91.417(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

paragrap h (c) 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 sections and Part 43 apply only to aircraft with an airworthin ess certificate, these sections will not apply to the Petitioner. Maintenance will be accomplished by the Operator or manufacturer pursuant to the flight manual and operating handbook as referenced in the Manuals attached as confidential Exhibits an equiva lent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in defined areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be opera ting

Federal Register Publication

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 needed:

Petitioner seeks an exemption from the following rules:

14 C .F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for the following purposes: to conduct bridge inspections, flare sta ck inspection, utility

- power generation system inspections and patrolling, aerial inspection and photography of residential and commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline i nspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public enti ty support operations, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public

events, a nd cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: includ ing high schools, colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production, surface mining, closed set filming, disaster and catastrophe events.

Privacy and National SecurityJoshua Stephen
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- 0431 All flight s will occur over private or controlled access property with the property owner’s prior consent and knowledge. Inspection will be of inanimate objects in areas where the owners will have consented to the inspections or otherwise have agreed to allow the UA S and the Operator to be in the area where operations will take place. The size of the UAS, its speed and restricted area of operation do not raise national security issues.

Summary

Approval of exemptions allowing commercial operations of sUAVs for petit ioner to operate an unmanned aircraft system (UAS) to conduct bridge Inspections, flare stack inspection, utility

power generation system inspections and patrolling, aerial inspection and photography of residential and commercial utility infrastructure inc luding but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support operations, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aer ial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: including high schools. colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production, surface mining, clos ed set filming, disaster and catastrophe events, will enhance safety by reducing risk.

Conventional operations, using jet or piston powered aircraft, ladders or placing people in swamps, on roofs or tall, hazardous or weakened structures, exposes them to higher risks than those created by use of a sUAVs. Conventional aircraft that operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures present the risks associated with vehicles that w eigh in excess of 6,000 lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project location. In contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries
eliminates virt ually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAV is carried to the target area and not flown. The sUAV will carry no passengers or crew and, therefore, will not expose them to the risks associated with m anned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight ai rcraft operate at slow speeds, close to the ground, and in areas that are under the control of the customer for the operations and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to

t he ground and people or the use of individuals to climb the structures to conduct the operations.Joshua Stephen
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- 0431 Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, operating capabilities, proximity to airports and popul ated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Petitioner’s UAS for the Purposes
outlined herein and are consi stent with exemptions already granted, including Exemptions number 11171 through 11174, 11176, 11177, 11062, 11109, 11112, and 11213 and as recent as
11857.

Sincerely, Joshua Stephen
2 Dutchess Ct. Saratoga Springs, NY 12866

Joshua Stephen

Appen dix A

- G

Submitted on December 29, 2015

Joshua Stephen
2 Dutchess Ct. Saratoga Springs, NY 12866