Priceofhistoys.com 213 Country Club Dr Jacksonville, NC
I nfo@priceofhistoys.com June 13, 2015

US Department O f T ransportation Federal Aviation Administration 800 Independence Ave SW
Wa shing ton DC 20591

Dear Sir or Madam: Pursuant to Section 333 of the F AA Moderniz ation and R eform Act of 2012(the reform act) and CFR Part 11, Priceofhis toys.com owner and operator of Small U nmanned Aircraft Systems (UASs), request to be ex empted fr om the Feder al A viation R eg ulations (F AR) listed below so that Priceofhis toys.com may operate UASs commercially in airspace regulated by the FAA., as long as such operations are conducted within and under the conditions outlined herein or as maybe established by the F AA as required by Section 333. Priceofhis toys.com is owned by Donald V ivier and had been in operation since 2009. Priceofhistoys.com cover s media for specialty car shows as well as other shows. Mr

. Vi vier also has a valid drivers license and a s tudent pilot certi ficate and hopes to finish up his sport pilot training soon. As described below

, the r equested exception would permit the operation of light weight (less than 55 lbs. total tak eoff weight) U ASs under controlled conditions for commercial use by a c ertified private pilot thereby enhancing safety and fulfilling the Secretary of T ra nsportation’ s ( the F AA Administrator ’s ) responsibility to” establish requirements for safe operation of such aircraft systems in national airspace systems. ” Section 333(c ), of the R eform Act. Priceofhis toys.com UASs are rotorcraft weighing less than 55 pounds including payload. (The DJI Phantom 2 V ision Quad Copter and DJI Inspire .)They operate at a speed less than 50 knots and have the capability to hover and mov e in the vertical and horizontal plane simultaneously . Both have an auto return to launch point when battery power is under 25%. The U AS will operate within the line of sight with in a protectedflight area as described below and at 200 feet AGL or less wi th an observer located close

at hand as to mak e voice communication possible. These operations will not create a hazard to users of the nation airspace, public nor the environment. Priceofhis toys.com respectfully requests the gr ant of an ex ception to t he following specific sections of the T itle 14 Code of Federal regulations allowing it to operate lightweight U ASs for commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 91.119, 91.121,91.151,( a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b). Priceofhistoys.com submits this application in accordance with the R eform Act ,112 P .L. 95 331

- 334, seeking relief from any currently applicable F AR’S operating to prevent Priceofhistoys.com futu re commercial use of small U ASs to operate in the national airspace system as described below . The ref orm Act section 332 provides f or such integration of civil unmanned aircraft into our national airspace system as it is in the public’ s interest to do so . Priceofhistoys.com UASs meet the definition of “small unmanned aircraft ” as defined in Section 331 and therefor the integration of these UASs are expressly contemplated by the Ref orm Act. Priceofhis toys.com would lik e to operate its light weight U ASs pri or to the time period by which the R eform Act requires the F AA to promulgate rules governing such aircraft. The R eform Act directs the Secretary of T ra nsportation to consider whether certain unmanned aircraft systems may operate saf ely in national airs pace bef ore completion of the rule making required under Section 332 of the reform Act. In making this determination, the Secretary of T ransportation is required to determine which UASs do create a hazard to users of the national airspace s ystem or the pub lic or pose a threat to national security in light of the following: The U ASs size, speed, weight and operational c apability Op er ation of the U ASs in close proximity to airports and populated areas Op er ation of the U ASs within visual li ne of sight of the operator Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe oper at ion in national airspace. Priceofhistoys.c om ar e r otorcraft weighing less than 55 lbs. and they operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously . The U ASs will operate only within the line of sight of the operator within a pr otected flight area and at 200 feet AGL or less. These will not present a hazard to the national airspace nor the public. The very small nature of these U ASs combined with the safe guards presented below , will allow for the safe operation greater tha n that envisioned by Congress f or the F AA toestablish and by ex emption allow commercial operations of UASs to commence

immediately . Also due to the size of U ASs and the areas and altitudes they will operate appr oval of this exception presents no national security issues and absolutely minimal safety concerns which ha ve been mitig ated through our rigorous risk management pr ocess. Given the clear direction given in Section 333 of the R eform Act, the authority contained in the Federal Aviation Act, as amended , the s tr ong equivalent level of enhanced safety

, r ed uced emissions utilizing U ASs verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby bene fiting the greater public’ s interest. Accordingly , the applicant requests that the F AA grant the requested ex emption without delay

. The following will be considered as the binding limitation on operations of Priceofhistoys.com,
1. Flights will only occur in the day time hours,
2. Flights will be operated in the line of sight of the operator( PIC) and Observer ,(VSO)
3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight ” by manufacturers recommendations,
4. The U ASs will weigh less that 55 lbs.,
5. Flights will be operated at 200 feet AGL or less.
6. Crew will be at a minimum of operator(PIC) and an observer and/or camer a oper ator(VSO),
7. Op er ator and crew will remain in contact during the flight operation,
8. The U ASs operator will perform a check of the flight area and mak e certain of the safety of all persons in the area,
9. Consent will be obtained from all persons with in the video capabilities of the units to further reduce the chance of violating anyone’ s privacy

. 10. All required F AA clearances, will be obtained and distances from airports strictly observed.
11. All U ASs will have the capability to return automatically to the operator in a safe manner with the auto return function check ed and working.
12. When operated in conjunction with fishing v essels in the gulf , a chase boat will be assigned to operate the UASs at a saf e distance from the main fishing boat.
13. Flights will only operate in VFR conditions.14. UASs have a function on the control to tell operator the distance away from the

oper ator and its battery power remaining.
15. Flight team w ill communicate by voice and the use of two

- way radio if the area is too big to hear voice from all team members.
16. UASs will be used to video private outings and functions, boating, jet skiing, k aya king, fishing trips in the gulf area and sporting events f ro m a sa fe distance.
17. When operating over or near water the UASs will be equipped with flotation devices so that recovery can be made as to prevent lithium battery exposure to the water table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7 (a), 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations f or Priceofhis toys.com UASs flights per mits ex ception fr om Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the R eform Act. The FAA is authorized to ex empt aircraft from the airworthiness certificate requirement under both the Act (49 USC 44 70(f) and Section 33 3 o f the R eform Act. Both pieces of legislation permit the F AA to ex empt U ASs from airworthiness certificates in consideration of weight, size, speed, maneuver ability and pr oximity to areas such as airports and dense populations. Priceofhistoys.com meets o r e xc eeds each of these elements As of March 23, 2015 the F AA has stated that it will automatically grant a “blank et ” COA for flights at or under 200 AGL to any UASs operator with a section 333 ex emption. 14 CFR 91.203(a&b) provides f or carrying of c ivil aircraft certifications and registrations. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Priceofhistoys.com operations center

. 14C FR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by F AR’ s this regulation is inapplic able. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the U ASs this regulation is inapplicable. An equiv alent level of safety will be achiev ed by maintaining such certificati ons and registrations at Priceofhistoys.com operations center

.The F AA has previously issued ex emptions to this regulation in Ex emptions No’ s

8607,8 73 7,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, pr escribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Priceofhistoys.com will only operate its UASs at or below 200AGL. They will be operated on a will defined AOR that has been carefully reviewed for hazards and minimiz es the pr esence of any persons not essential for these operations. Flights will only be over private property that the owner has consented and all persons within this video area also give consent for this film ing. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel U ASs operations present a far smaller risk to the public.

Approval of these 333 Ex e mptions allowing commercial operations of small U ASs in the service of aerial photogr aphy will greatly enhance safety by reducing the overall risk associated with tr aditional aircraft. T raditional aerial photography requires large aircraft with flammable f uel to fly in close proximity of populated areas and people in gener al. Wi th the use of small U ASs of 55 lbs. or less, battery operated and fling below 200 f eet AGL the risk of injury of people on the ground or the crew has been reduced or almost er ased. T he granting of the use of these small U ASs by Priceofhistoys.com will give the people another avenue to express themselves and to have a video record to share with family and friends forever

. Granting Priceofhistoys.com the above ex emption will allow f or t he expansion of UAS systems into the future f or the sa fe conduct of free enterprise and the enjoyment of the masses. Priceofhistoys.com respectfully requests the F AA grant its exception without delay . The FA A has the authority to issue the ex emption sought by Priceofhistoys.com pursuant to the F ederal Aviation Act, 85 P .L. 726 (1958) as amended (the ACT).

Sincerely

Donald V ivier Priceofhistoys.com 213 Country Club Dr Jacksonville, NC