US Department of Transportation Exemption Request P ursuant to Section 333 of

the FAA

Reform Act and Part 11 of the Federal Aviation

February 6, 2016

Clayton Lynch

Southern Cross Surveying, LLC

101 Highway 47 S Ste 6

Columbiana, AL

clynch@alsurveyor.com

_

U.S Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of th e FAA Reform Act and Part

11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR

45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR

91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91. 121; 14 CFR 91.151(a);

14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the

"Reform Act") And 14 CFR Part 11 of Unmanned Aircra ft Systems (UAS),

Clayton Lynch Hereby applies for an exemption from the listed Fe deral Aviation

Regulations ("FARs") to allow commercial operation of Designated UAS,

provided such operations are conducted within and u nder the conditions outlined

herein or as may be established by the FAA as requi red by Section 333.

Thank you in advance for your consideration.

Commercial operation of an UAS, as described herein , which are equipped with

camera(s) and sensors, would provide professional s ervices in the following

areas:1. Real Estate

2. Aerial Photography / Videography

3. Aerial Data Collection

4. Aerial Inspections (Commercial Structures) (Brid ges) Smokestacks)

5. Mapping

6. Agriculture

7. 3D Modeling

8. Topographical Surveying

9. Power Lines, Wind Turbines, Cell Towers

10. UAV Training

11. Engineering

12. Public Events

13. Cinematography 14.

News Gathering

15. Public Events / Private Events

16. Land Surveying

17. Search and Resuce

18. Local Authorities / Government / National Disas ter

As described fully below, the requested exemption w ould permit the operation of

designated UAS as set forth in this document under controlled conditions in the

NAS that would be a) limited b) controlled c) prede termined and d) safe. Approval

of this exemption would increase public awareness o f UAS operations and

enhance safety to aid in fulfilling the Secretary o f Transportation's (the FAA

Administrator's) responsibilities to ".... establis h requirements for the safe

operation of such aircraft systems in the national airspace system."

The name and address of the applicant is

Clayton Lynch

Southern Cross Surveying, LLC

101 Highway 47 S Ste 6

Columbiana, AL

clynch@alsurveyor.com

_

_ From which the exemption is requested : 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103 14

CFR 91.109

14 CFR 91.119 (c)14 CFR 91.121

14 CFR 91.151 (a) 14

CFR 91.203 (a) 14 CFR

91.405 (a) 14 CFR 91.407

(a) 14 CFR 91.409 (a) 14

CFR 91.417 (a):

Grants of exemption in circumstances similar in all material respects, In

Grants of Exemption Nos. 11062 to Astraeus Aerial ( see Docket No.

FAA

− 2014

− 0352), 11109 to Clayco, Inc. (see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (see Docket No.

FAA

− 2014

− 0382), 11213 to Aeryon Labs, Inc. (see Docket No.

FAA

− 2014

− 0642), and 12645 to Allied Drones (see Docket No. FAA2014-0804) Exemption Nos. 11062, 11109, 11112, 1121 3, and 12645;

Nos. 11062, 11109, 11112, 11213, and 12645.

Clayton Lynch Will operate one or more of the Following model UA S

DJI Phantom, Inspire 1, S1000, 3DR Solo, Iris +, X8 , Aero-M- Fixed Wing

Safety requirements. The approval of this applicati on presents no national

security issues. Regarding the level of safety surr ounding the proposed

operations and the public benefit, reduction in env ironmental impacts, including

but not limited to reduced emissions and noise, the grant of the requested

exemption is in the public interest. Accordingly, t he applicant graciously requests

that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalen t or higher level of safety

because operations will further enhance the safety of the persons and/or property

using conventional aircraft. These limitations and conditions to which the

applicant agrees to adhere to when conducting comme rcial operations under the

FAA issued exemption as set forth in the Flight Ope rations Manual (FOM)

include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds

with battery and camera.2. The UAS, depending on the model in operation, wi ll have a maximum

operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC)

and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS

model in operation, but will not exceed 30 minutes. Flights will be terminated at

25% battery power reserve or 30 minutes of flight t ime whichever occurs first.

5. Flights will be operated at an altitude of no mo re than 400 feet Above Ground

Level (AGL) and not more than 200 feet above an ele vated platform from which

filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one

Visual Observer (VO), and may include a third, but separate, Camera Operator

(CO).

7. The UAS pilot will be a designated Pilot in Comm and (PIC). The PIC will have

logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to eac h day's flights consisting of all

the day's activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rule s Meteorological Conditions

(VMC) only.

11. The flights will occur in Class G airspace no c loser than a mile radius of the

geographic center/Airport Reference Point (ARP) of a tower controlled or

uncontrolled airport.

12. Flights will not be closer than a 5-mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft pr ior to each flight. And log each

flight.14. The operator will obtain verbal/written consent of all persons involved with the

planned operation and ensure that only consenting p ersons will be allowed within

100 feet of the flight operation, and the radius ma y be reduced to 30 feet based

upon an equivalent level of safety determination, a s U.S. Department of

Transportation required under the FOM. With the adv anced permission of the

FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operat ion of UAS and receive up to

date information for the particular UAS to be opera ted.

16. The PIC and VO will be able to communicate by v oice and/or radio at all

times.

17. The PIC will abide by all rules.

18. If the UAS loses communications with the remote controller or loses GPS

signal, the UAS will have the capability to return to a predetermined location

within a designated location and land autonomously.

19. The UAS will have the capability to abort a fli ght in case of emergencies with

an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a fli ght in case of unpredicted

obstacles, weather, or emergencies such as low batt ery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a)

(1) Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness cert ificates as required by FAR

§91.203 (a) (1). Given the size and limited operati ng area associated with the

aircraft to be utilized by the Applicant, an exempt ion from Part 21 Subpart H

meets the requirements of an equivalent level of sa fety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f))

and Section 333 of the Reform Act both authorize th e FAA to exempt aircraft from

the requirement for an airworthiness certificate, u pon consideration of the size,

weight, speed, operational capability, and proximit y to airports and populated

areas of the particular UAS. In all cases, an analy sis of these criteria

demonstrates that the UAS operated without an airwo rthiness certificate in therestricted environment and under the conditions pro posed will be at least as safe,

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed. The

UAS to be operated hereunder is less than 55 lbs. f ully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a secured and designate d area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled

and monitored by both the operator and under the re quirements and in

compliance with local public safety requirements. T hese safety enhancements

provide a greater degree of safety to the public an d property owners than

conventional operations conducted with airworthines s certificates issued under

14 C.F.R. Part 21, Subpart H. Lastly, application of these same crite ria

demonstrates that there is no credible threat to na tional security posed by the

UAS, due to its size, speed of operation, location of operation, lack of explosive

materials or flammable liquid fuels, and inability to carry a substantial external

load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When

marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light sport cat egory aircraft or experimental or

provisionally certificated aircraft, the operator m ust 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 "limi ted/' "restricted/' "light sport/'

"experimental/' or "provisional/' as applicable.

The operator must also display on that aircraft nea r 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 spo rt/' "experimental/' or "provisional/'

as applicable. Even though the UAS will have no air worthiness certificate, an

exemption may be needed, as the UAS will have no en trance to the cabin,

cockpit or pilot station on which the word letterin g will be impossible. The word

"Experimental" will be placed on the fuselage in co mpliance with §45.29 (f). US

Department of Transportation February 20, 2015.

The equivalent level of safety will be provided by having the UAS marked With a

N number and or Experimental. Given the size of the UAS, two inch on its

fuselage as required by §45.29 (f) where the pilot, observer and others working

with the UAS will see the identification of the UAS , 14 C.F.R. § 61.113 (a) and

(b).The proposed UAS operations may achieve an equivale nt level of safety as

achieved by current Regulations because the applica nt's UAS do not carry any

pilots or passengers nor property.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. T he regulation requires that no

person may operate a civil aircraft unless it is in airworthy condition. As there will

be no airworthiness certificate issued for the airc raft, should this exemption be

granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety checklists prior to

each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2):

Civil Aircraft Flight Manual in the Aircraft. Secti on 91.9 (b) {2) provides: No

person may operate a U.S. registered civil aircraft ... (2) For which an Airplane

or Rotorcraft Flight Manual is not required by §21. 5 of this chapter, unless there

is available in the aircraft a current approved air plane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, o r any combination thereof.

The UAS, given its size and configuration has no ab ility or place to carry such a

flight manual on the aircraft, not only because the re is no pilot on board, but

because there is no room or capacity to carry such an item on the aircraft. The

equivalent level of safety will be maintained by ke eping the flight manual at the

ground control point where the pilot flying the UAS will have immediate access to

it.

14 C.F.R. § 91.103: Preflight Action. This regulati on requires each pilot in

command to take certain actions before flight to in sure the safety of flight. As

FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The PIC will take all act ions as stated in the FOM in

Section 4 under Normal Procedures including but not limited to reviewing

weather, flight battery requirements, landing and t akeoff distances and aircraft

performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.1 03 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 f unctioning dual controls. UAS and

remotely piloted aircraft, by their design do not h ave fully functional dual controls.

Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communicat ions. The FAA has approved

exemptions for flight training without fully functi onal dual controls for a number of

aircraft and for flight instruction in experimental aircraft. The equivalent level of

safety is provided by the fact that neither a pilot nor passengers will be carried in

the aircraft and by the size and speed of the aircr aft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe

altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to beoperated at less than the minimums prescribed, prov ided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by

the FAA. As this exemption is for a UAS that is a h elicopter and the exemption

requests authority to operate at altitudes up to 40 0 AGL, or not more than 200

above an elevated platform from which filming is pl anned, an exemption may be

needed to allow such operations. As set forth herei n, the UAS will never operate

at higher than 400 AGL with the exception that in c ircumstances where the UAS is

used to survey or photograph a structure whose heig ht exceeds 400 feet AGL,

the UAS will not be operated more than 200 feet abo ve the highest point on the

structure. It will however be operated in a restric ted area with security perimeter,

where buildings and people will not be exposed to o perations without their pre

obtained consent.

The equivalent level of safety will be achieved giv en the size, weight, and speed

of the UAS as well as the location where it is oper ated. No flight will be taken

without the permission of the property owner or loc al officials. Because of the

advance notice to the property owner and participan ts in the filming activity, all

affected individuals will be aware of the planned f light operations. Compared to

flight operations with aircraft or rotorcraft weigh ting far more than the maximum

SSibs. Proposed herein and the lack of flammable fu el, any risk associated with

these operations is far less than those presently p resented with conventional

aircraft operating at or below 500 AGL. In addition , the low altitude operations of

the UAS will ensure separation between these UAS op erations and the

operations of conventional aircraft that must compl y with Section 91.119. 14

C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an a ircraft to maintain cruising

altitude by reference to an altimeter that is set " ...to the elevation of the departure

airport or an appropriate altimeter setting availab le before departure." As the UAS

may not have a barometric altimeter, but instead a GPS altitude read out, an U.S.

exemption may be needed. An equivalent level of saf ety will be achieved by the

operator, pursuant to the safety check list and liv e flight data monitoring,

confirming the altitude of the launch site shown on the GPS altitude indicator

before flight. 14 C.F.R. § 91.151(a): Fuel Requirem ents for Flight in VFR

Conditions Section 91.151 (a) prohibits an individu al from beginning "a flight in an

airplane under VFR conditions unless (considering w ind and forecast weather

conditions) there is enough fuel to fly to the firs t 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 applicant

believes that an exemption from 14 CFR §91.151(a) f alls within the scope of prior

exemptions. Operating the UAS in a tightly controll ed area where only people

and property owners or official representatives who have signed waivers will be

allowed does not engender the type of risks that Se ction 91.151(a) was intended

to alleviate given the size and speed of the small UAS. The applicant believes

that an equivalent level of safety can be achieved by limiting flights to 30 minutesor 25% of battery power- whichever happens first. T his restriction would be more

than adequate to return the UAS to its planned land ing zone from anywhere in its

limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircr aft Certification and

Registration The regulation provides in pertinent p art: (a) Except as provided in§

91.715, no person may operate a civil aircraft unle ss it has within it the following:

(1) An appropriate and current airworthiness certif icate . . . (b) No person may

operate a civil aircraft unless the airworthiness c ertificate required by paragraph

(a) of this section or a special flight authorizati on issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew. The UAS fully loaded weighs well under the pr oposed 55 lb limit and is

operated without an onboard pilot. As such, there i s no ability or place to carry

certification and registration documents or to disp lay them on the UAS. An

equivalent level of safety will be achieved by keep ing these documents at the

ground control point where the pilot flying the UAS will have immediate access to

them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417( a) & (b): Maintenance

Inspections. These regulations require that an airc raft operator or owner "shall

have that aircraft inspected as prescribed in subpa rt E of this part and shall

between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 4 3 of this chapter..," and others

shall inspect or maintain the aircraft in complianc e with Part 43. Given that these

sections and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the applicant. Maintenan ce will be accomplished by the

operator pursuant to the flight manual and operatin g handbook. An equivalent

level of safety will be achieved because the UAS is very limited in size and will

carry a small payload and operate only in restricte d areas for a limited period of

time. If mechanical issues arise the UAS can land i mmediately and will be

operating from no higher than 400 feet AGL. The ope rator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance performed. Moreov er, the operator is the

person most familiar with the aircraft and best sui ted to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety. An equivalent level of

safety will be achieved because maintenance and ins pections will be performed

in accordance with the UAS Manufacturer's User Manu al. As provided in the

FOM, and a link on last page, the operator will ens ure that the UAS is in working

order prior to initiating flight and perform requir ed maintenance needed. Authority

contained in 49 U.S.C. 106(f), 40113, and 44701.

Additional Information.The applicant Clayton Lynch believes this exemption request and associated saf ety

considerations adequately satisfy criteria provided in Section 333 of the Reform

Act of 2012, providing sufficient justification for the granting of commercial

operations of the applicant's UAS.

The applicant Clayton Lynch requests your respective approval of this Section 3 33

exemption petition request.

Thank you for your attention in this matter. Please notify Clayton Lynch of

your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Clayton Lynch

Southern Cross Surveying, LLC

101 Highway 47 S Ste 6

Columbiana, AL

clynch@alsurveyor.com