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Flying Cowboy Photography Timothy David Butler 1745 Hillside Dr ive Robinson, Texas 76706 flyingcowboyphoto@yahoo.com **FAA** U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590 Dear Sir or Madam: In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Ti mothy Butler , the applicant and operator of small unmanned aircraft systems (sUAS) equipped for aerial photography, videography, s urvey, inspection, and monitoring, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of his sUAS, so long as such operations are conducted under the conditions outlined herein or as may be est ablished by the FAA as required by Section 333.1. The exemptions, as requested by Timothy David Butler , would permit the provision of commercial services to customers that are in need of aerial data capture from a sUAS. Mr. Butler requests these exempt ions in order to perform commercial flights in the following areas:

• General Photography/Videography

• Surveying

• Inspection

• Area Monitoring

• Communications Support All flights will be conducted over private or controlled access property with the consent and knowledge or the property owner or controlling party. All flights will maintain a safe buffer from all nonparticipating persons, vessels, vehicles, and structure s unless sufficient barriers are in place to protect said nonparticipating persons and property from undue harm. Flight operations will only be conducted near vehicles, vessels, and structures where the property owner/controller has granted permission and a safety assessment has been made. All of Timothy David Butler’s flights will be conducted with himself as pilot in command (PIC). Mr. Butler is certificated as a private pilot fo r “ airplane single engine land” ,certificate number 360468714 , issuance date 21 AUG 1991 . He also has extensive

flying experience flying ultralight aircraft. Mr. Butler also served and retired honorably with 20 years of Air Force experience working on and flying in aircraft (he has over 1000 hours flying as aircrew in a C

- 1 35C aircraft) and is extremely familiar with all proper aerospace procedures. Visual observers (VO) will be trained to perform all required duties before flight operations begin. **1. The Unmanned A ircraft Sy** **stem** Due to the low cost of operation, increased safety to surrounding persons and property, reduced noise and environmental impact, and the versatility of the sUAS platform, the applicant believes that a sUAS can be a great solution to consumers who would othe rwise hire a full sized manned aircraft such as a helicopter to fulfill their aerial photography, videography, surveying, inspection, aerial monitoring, and communications support needs. The applicant is seeking this exemption in order to operate a DJI Phantom 3 Professional quadcopter in stock form as delivered from the factory. Safety failsafe features equipped to ensure safe operation include:

• Preprogrammed no

-fly zones around major aerodromes

• GPS hovering capability

• Visual and ultrasonic sensors to augment hover capability with GPS and supplant GPS when satellite signals are unavailable

• Auto

- return to location of takeoff and autoland in the event of an inflight emergency

• Auto

- return to location of takeoff and autoland in the event of loss of con trol signal or low battery

• Automatic flight logs of flight route, time, distance, and other metrics The aforementioned safety features have undergone rigorous testing procedures by DJI. The applicant will fully test these features prior to any commerc ial activities. Logs of these training flights will be available upon request. The DJI Phantom 3 Professional weighs 1280g (2.82lbs). Diagonal footprint including propeller arc is 590mm. Max ascent and descent rates are 5 and 3 meters per second re spectively. Hover accuracy is a maximum of +/

- 0.5 meters vertically and +/

- 1.5 meters horizontally. Max speed is 16 meters per second (31.1 knots). The sUAS utilizes U.S. GPS and Russian GLONASS positioning satellites. Should any part of the sUAS be damaged or timed out, the operator will replace the parts with manufacturer certified replacements and thoroughly test the aircraft prior to resuming commercial operations.Any further questions regarding the specifications of the DJI Phantom 3 Professional,

including FCC compliance, should be directed to the user manual attached to this petition. **2. Flight Operations** The operator and PIC will guarantee that operations adhere to strict standards as set below:

• Prior to conducting commercial operations, the operator will fully acquaint himself with the operational and emergency procedures of the DJI Phantom 3 Professional and demonstrate competency.

• The UA will be operat ed at airspeeds below 84 knots calibrated airspeed.

• The UA will be operated below 400ft above ground level (AGL) at all times.

• The UA will be operated within visual line of sight (VLOS) at all time.

• All operations will utilize a visual observer (VO). T he UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times.

• The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding air traffic and other obstacles.

• Proper preflight inspections will take p lace before each flight.

• The UA will not operate within 5 nautical miles of an airport reference point unless a letter of agreement with that airport’s management is obtained.

• Operations will be conducted in accordance with all notices to airmen (NOTAMs)

. • The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

• The PIC must maintain a battery reserve that allows the UA to return to point of landing at normal cruise speed and land with 30% battery power.

• The UA must remain clear of and yield to all other air traffic.

• Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and structures unless: o Barriers or structures a re present that sufficiently protect nonparticipating persons from debris in the event of an accident. o All participating persons are made aware of the dangers of flying a UA and he safety precautions and features that are in place. o The aircraft is only operated near said vessels, vehicles, or structures following property owner/controller consent, and the PIC has completed a safety assessment with regard to the obstacles. o Operations near the PIC or VO do not present an undue hazard to the PIC or VO pe r 91.119(a)

• All operations are to be conducted over private or controlled

- access property with prior permission from the property owner/controller or authorized representative. Timothy Butler is confident that his knowledge as a privately rated pilot a long with the strict safety standards he has set for himself, the safety standards imposed by the FAA, and the physical properties (size, weight, speed, etc) of the sUAS will allow for the safest and most efficient operations possible.Mr. Butler hereby requests exemption under Section 333 in order to pursue commercial

sUAV operations with the intent to provide customers with the safest and most cost effective services available. Sincerely,

Timothy Butler 254.315.6877 (cell) flyingcowboyphoto@yahoo.com

**The specific section or sections of 14 CFR from w hich y** **ou seek an exemption:** 14 C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14 C.F.R. §91.203(a)(1). 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).: Aircraft Marking and Identification Requirements 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 14 C.F.R. § 91.103: Preflight Action.14 C.F.R. § 91.109(a): Flight Instruction.

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. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections

. **The extent of relief you seek and the reason you seek the relief: 14 C.F.R. Part 21, Subpart H, A**  **irw orthiness Certificates & 14 C.F.R. §91.203(a)(1).**  This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited operating area associated wi th the sUAS to be utilized by the Petitioner, 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 o f the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe or safer, than a conventional rotorcraft operatin g with an airworthiness certificate, without the restrictions and conditions of the proposed sUAS operations. Equivalent Level of Safety The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and c arries no explosive materials or flammable liquid fuels. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, in accordance with FAA requirements. These safety enhancemen ts, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificatesissued under 1 4 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flamma ble liquid fuels, and inability to carry a substantial external load. **14 C.F.R. Part 27: A irworthiness Standards: Normal Category**  **Rotorcraft.** 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C .F.R. Part 21,Subpart H. **14 C.F.R. §§ 91.9(c), 45.23(b), and 45.27(a). A ircraft Marking and Identification**  **Requirements** This petition seeks an exemption from the aircraft marking and identification requirements of 14 C.F.R. § 91.9(c), 45.23(b) a nd 45.27(a). 14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides that: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. 1 4 C.F.R. § 45.23(b), Markings of the Aircraft, states: Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated airc raft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provision al," as applicable. 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the size of the sUAS, two

- inch lettering would be impossible. The word "Experim ental" will be placed on the fuselage in compliance with § 45.29(f). Given the nature of the specific relief sought by this exemption request, Petitioner requires relief from the associated marking and identification requirements of § 45.27(a) and § 91.9( c), which would require compliance with § 45.23(b). Equivalent Level of SafetyAn equivalent level of safety for exemptions to the aircraft marking and identification

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the s UAS marked on its fuselage as required by §45.29(f) where the pilot, observer, and others working with the sUAS will see the identification of the UAS as "Experimental." Additionally, Petitioner will ensure compliance with any requests of sUAS marking by the FAA. **14 C.F.R. § 91.9(b)(2): Civil Ai**  **rcraft Flight Manual in the A ircraft.**  This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) 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 Manual, approved manual material, markings, and placards, or any combination thereof. Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because th ere is simply no room or capacity to carry such an item on the aircraft. Equivalent Level of Safety The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the pilot flying the sUAS will have access to it. Accordingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation. **14 C.F.R. § 91.7(a): Civil**  **Ai rcraft**  **Ai rw**  **orthiness.** This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, and should this exemption be granted, no F AA regulatory standard would exist for determining airworthiness. Equivalent Level of Safety The pilot in command of the sUAS has over 200 flight hours and a stellar safety record. Given the size of the sUAS and the minimal requirements for maintena nce, the PIC will be able to adequately assess airworthiness for each individual flight. **14 C.F.R. § 91.103: Preflight A ction.** This petition seeks an exemption from § 91.103, which requires a PIC to become

familiar with specific information before ea ch flight, including information contained in the FAA approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the sUAS, an exemption will be needed. **14 C.F.R. § 91.109(a): Flight Instruction.** This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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." sU ASand remotely piloted aircraft, by their design do not have fully functional dual controls. Instead, flight control is accomplished through the use of a control box that communicates with the sUAS via radio communications. Equivalent Level of Safety Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the sUAS experience any diff iculties during flight instruction. **14 C.F.R. § 91.119: Minimum Safe A ltitudes.**  This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which airc raft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a helicopter to operate at less than those 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 routes or altitudes specifically prescribed for helicopters by the FAA. Equivalent Level of Safety Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An e quivalent level of safety will be achieved given the size, 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 and/or local officials. Because of the advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altit ude regulations.**14 C.F.R. § 91.121 A ltimeter Settings.** 

This petition 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 because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. Equivalent Level of Safety An equivalent level of safety will be achi eved by following the procedures set forth in the Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to con stantly monitor the sUAS height, thus ensuring operation at safe altitudes. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.** This petition seeks 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 conditio ns) 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 after that for at least 45 minutes. The battery powering the sU AS provides approximately 20 minutes of powered flight. An exemption from the 30

- minute reserve requirement in 14 CFR §91.151 is therefore required. Equivalent Level of Safety An equivalent level of safety can be achieved by limiting flights to 25 m inutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere within its limited operating area. Operation of the sUAS 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 UAS. Moreover, operation will be limited to controlled areas where only people and property owners, or official representative s who have signed waivers will be allowed. **14 C.F.R. § 91.203 (a) & (b): Carry ing Civil A**  **ircraft Certification and Registration.**This petition seeks an exemption from civil aircraft certification and registration

requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91 .715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is necessa ry because: (1) the sUAS's load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the certificates need be displayed. Equivalent Level of Safety sUAS are not subject to conventional airworthiness requirements, and as such, have no certificate to display. Furthermore, due to the small size of the sUAS and the lack of occ upants, there is no place to display a certificate if one were available. **14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.**  This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and inspection 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 that 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 to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the sUAS will not have. Equivalent Level of Safety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance wit h the manufacturers owners’ manual. As provided in the manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. If mechanicalissues arise, the UAS can land immediately and will be operating from no higher than

400 feet AGL. More over, the sUAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk than the same factors associated with conventional fixed

-wing aircraft and rotorcraft performing the same operation. **How y** **our request would benefit the public as a whole:** The operation significantly improves safety and reduces risk by alleviating human exposure to danger associated with current aerial survey and inspection methods, namely, full size helicopters. Manned helicopters performing aerial photography have experienced an exceedingly high number of accidents and fatalities. The public's interest is furthered by reducing human exposure to death or serious injury associated wi th manned aircraft performing photography, inspections, and patrols. The petitioner's sUAS are battery powered and create no emissions. If Petitioner's sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUAS is, obviously, far less than a full size helicopter. The public's interest is furthered by minimizing ecological impact of an accident and by reducing human exposure to potentially harmful emissions associated with manned aircraft. Aerial surveys are valuable tools for roof, utility

- power generation, cell phone towers, bridge and tunnel inspections and other elements that comprise the national transportation and communication infrastructure. However, problems with safety, cost, statistical integrity, and logistics continue to impede aerial surveys and inspections from conventional manned aircraft. The use of sUAS addresses these problems and is a powerful tool for performing a wide

- range of utility

- power generation inspection and patrol applications. T he public as a whole will benefit from the safer and more costeffective utility aerial services that sUAS operations provide.