Myrtle Beach Drone Company, LLC

Andrew Ferraro, Owner

1511 Edge Drive

North Myrtle Beach, SC 29582

(843) 267-0202

myrtlebeachdronecompany@gmail.com

June 29, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 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) (2); 91.417 (a) & (b).

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Myrtle Beach Drone Company, LLC, the operator of the DJI Phantom 3,

DJI Inspire 1, and the 3D Robotics Solo, seeks an exemption from the Federal Aviation

Regulations (“FARs”) for providing aerial videography and photography services to the real

estate and tourism industries for purposes including sales, marketing, and inspection of both

private and commercial properties.

The name and contact information of the applicant is:

Myrtle Beach Drone Company, LLC

POC: Andrew Ferraro, Owner

PH: 843-267-0202

Email: myrtlebeachdronecompany@gmail.com

Address: 1511 Edge Dr, North Myrtle Beach, SC 29582

Regulations from which the exemption is requested:

14 C.F.R.Part 21

14 C.F.R. 45.23(b)

14 C.F.R.61.113(a)&(b)

14 C.F.R.91.7(a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.103
14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14C.F.R.91.151(a)

14C.F.R.91.203(a)&(b)

14C.F.R.91.405(a)

14 C.F.R. 407 (a) (1)

14C.F.R.409(a)(2)

14C.F.R.417(a)&(b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act,

including UAS, from the requirement that all civil aircraft must have a current airworthiness

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator

finds the exemption 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).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate

in the National Airspace System (NAS) without creating a hazard to the user, the public, or a

threat to national security. In making this determination, the Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close

proximity to airports

Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe 2 operation of such

aircraft in the national airspace system." Id. §333(c).

Myrtle Beach Drone Company’s UAS are multi-rotor vehicles, weighing 10 or fewer pounds

including pay load. They operate under normal conditions at a speed of no more than 50 knots

and have the capability to hover, and move in the vertical and horizontal plane simultaneously.

The UAS will operate only in the pilot's visual line of sight at all times and will operate only

within the sterile area.

Given the small size of the UAS involved and the restricted and sterile environment within

which they will operate, our application falls squarely within the zone of safety (an equivalent

level of safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of UAS to commence immediately.
Also, due to the small size of the UAS and the low altitudes and restricted areas in which our

UAS will operate, approval of the application presents no national security issue.

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 proposed

operations, and the significant public benefit, including enhanced safety, the grant of the

requested exemptions is in the public interest. Accordingly, Myrtle Beach Drone Company

respectfully requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section

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 NAS before

completion of the rule making required under Section 332 of the Reform Act. By granting an

exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant

safety precautions in low risk environments.

The use of UAS can offer a low cost alternative to the traditional methods of aerial video and

photography taken from fixed wing or rotor aircraft. This removes costly financial barriers for

both private and commercial parties wishing to utilize aerial videography and photography for

personal or business interests.

Additionally, UAS could replace the use of helicopters and small aircraft. The UAS we propose

to fly in this application are under 10 lbs, and carry no combustible material on board, as

opposed to the much larger conventionally powered small aircraft. With this light weight and

small footprint as well as lack of traditional fuels, any incident or accident is much less likely to

cause damage to persons or property. Shifting to UAS from helicopters presents a marked safety

increase for the public.

Lastly, UAS offer reduced noise as well as lower environmental impact by dramatically

decreasing the energy used for aerial videography and photography. Myrtle Beach Drone

Company’s UAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in

operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Myrtle Beach Drone Company will be bound by the following limitations when conducting its

UAS operations under an FAA issued exemption:

1. The UAS will be less than 20 lbs.

2. Flights will be operated within visual line of sight of operator.

3. Maximum total flight time for each operational flight will be less than 30 minutes. The

UAS calculates battery reserve in real time, and will return to its ground station with at

least 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude never greater than 400 feet AGL.
5. Crew for each operation will consist of the UAS operator who will keep the UAS within

his/her visual line of sight at all times, as well as a visual observer who will assist the

UAS operator with mission operations as well as maintaining a controlled operation zone.

6. The UAS operator will be trained in UAS flight operations and safety procedures and will

be informed as to relevant and up-to-date information regarding the particular UAS to be

operated.

7. The UAS will only operate within a confined secure area with a safety circumference of

100 ft to be monitored at all times by the visual observer.

8. A briefing will be conducted in regard to the planned UAS operations prior to each day’s

production activities. It will be mandatory that all personnel who will be performing

duties within the boundaries of the safety perimeter be present for this briefing.

9. Written and/or oral permission from the relevant property holders will be obtained.

10. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

11. If the UAS loses communications or loses its GPS signal, it will have capability to return

to a pre-determined location within the Security Perimeter and land safely.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by the Myrtle Beach Drone

Company, 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 of 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. The Myrtle Beach Drone Company’s small UAS will be operated at low speed in a

controlled environment, at least five miles from an airport. An analysis of these criteria

demonstrates that the UAS 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 aircraft (fixed wing or helicopter) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The UAS to be operated hereunder are less than 10 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area. Like other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the operator, and under the requirements and in compliance with

local public safety requirements, to provide security for the area of operation.
These safety enhancements provide a greater degree of safety to the public and property owners

than conventional operations conducted with airworthiness certificates issued under 14 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 UAS, due to its size, speed of operation, location

of operation, lack of explosive materials or flammable liquid fuels, and ability to carry an

external load no greater than 2 lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited,"

"restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin,

cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the

UAS will have no entrance to the cabin, cockpit or pilot station on which the word

"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be impossible.

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked 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 as "Experimental." The FAA has issued the following

exemptions to this regulation: Exemptions Nos. 10700, 8738,10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional manned aircraft, a UAS is remotely controlled by a ground-based Operator. The

operational area is controlled and restricted, and all flights are planned and coordinated in

advance. The level of safety exceeds that provided by a single individual holding a commercial

pilot's certificate operating a conventional aircraft. The risks associated with the use of a UAS

are so diminished from the level of risk associated with commercial operations contemplated by

Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level of safety sought

by 14 C.F.R. §61.113 (a) and (b).

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

The 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 aircraft, should this

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

Given the size of the aircraft, regular maintenance, and use of safety checklists prior to each

flight, an equivalent level of safety will be provided for by Myrtle Beach Drone Company

operations standards.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements
The UAS, given its size and configuration has no ability or place to carry such a flight manual on

the aircraft, not only because there 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 keeping

the flight manual at the ground control point where the operator flying the UAS will have

immediate access to it. The FAA has issued the following exemptions to this regulation:

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827,

and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the

safety of flight. An exemption is needed from this requirement as the pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery

requirements, checking takeoff and landing distances, and all other actions in the Preflight

Checklist. These actions will provide an equivalent level of safety.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 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. By design, UAS and remotely piloted aircraft do not have fully functional dual controls.

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

aircraft via radio communications. The FAA has previously approved exemptions for aircraft

without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent

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

aircraft, the ability to control the UAS via radio signals from the controller, and by the size and

speed of the aircraft.

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 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. This

exemption is for a multi-rotor craft that flies similarly to a helicopter, with vertical take off and

vertical landing, which will typically operate at altitudes never to exceed 400 AGL, so an

exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, 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 or local officials. Because of the advance notice to the property owner and any

onsite personnel, all affected individuals will be aware of the planned flight operations.

Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 10

lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far

less than those presently presented with helicopters and other conventional aircraft operating at

or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation

between these small- UAS operations and the operations of conventional aircraft that must

comply with Section 91.119.
14 C.F.R. 91.121: Altimeter Settings

This regulation 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 UAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety

will be achieved by the operator, pursuant to the safety check list and live flight data monitoring,

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS

is limited to operations in sterile and controlled environments, and has a limited range and flight

time which require an exemption from 14 CFR 91.151(a).

The battery powering the UAS DJI Inspire 1 provides approximately 18 minutes of powered

flight, the battery powering the UAS DJI Phantom 3 provides approximately 23 minutes of

powered flight, and the battery powering the 3D Robotics Solo provides approximately 20

minutes of powered flight. To meet the 18 minute reserve requirement in 14 CFR §91.151, UAS

flights would be limited to approximately 5 minutes in length. Given the limitations on the

UAS's proposed flight area and the location of its proposed operations within a predetermined

area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Myrtle Beach Drone Company believes that an exemption 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 UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for

which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery

reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as

determined by the onboard monitoring system and the pilot), whichever happens first. This

restriction would be more than adequate to return the UAS 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, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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.

The UAS fully loaded weighs no more than 10 lbs. and is operated without an onboard pilot.

Therefore there is no ability or place to carry certification and registration documents or to

display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground flight

control point where the pilot flying the UAS will have immediate access to them, to the extent

they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 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

paragraph (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 section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to Myrtle Beach Drone Company. Maintenance will be accomplished by

the operator pursuant to the flight manual and operating handbook. An equivalent 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 restricted areas for limited periods of time. If mechanical issues arise

the UAS can land immediately and will be operating from no higher than 400 feet AGL. 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. Moreover, 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.

V. SUMMARY FOR 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:

Applicant seeks an exemption from the following rules:

14 C.F.R.Part 21

14 C.F.R. 45.23(b)

14 C.F.R.61.113(a)&(b)

14 C.F.R.91.7(a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.103

14 C.F.R. 91.109
14 C.F.R. 91.119

14 C.F.R. 91.121

14C.F.R.91.151(a)

14C.F.R.91.203(a)&(b)

14C.F.R.91.405(a)

14 C.F.R. 407 (a) (1)

14C.F.R.409(a)(2)

14C.F.R.417(a)&(b)

to operate commercially a small unmanned vehicle (55 lbs. or less) for providing aerial

videography and photography services to the real estate and tourism industries for purposes

including sales, marketing, and inspection of both private and commercial properties.

Approval of exemptions allowing UASs commercial operations in the areas list above will

enhance safety by reducing risk. A UAS weighing fewer than 55 lbs. and powered by batteries

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried

on board traditional aircraft performing the same function. The UAS will carry no passengers or

crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UAS conducted in the strict conditions outlined above, will provide an

equivalent level of safety supporting the grant of the exemptions requested herein, including

exempting the applicant from the requirements of Part 21 and allowing commercial operations.

These UASs operate at very slow speeds, close to the ground, as a result, are far safer than

conventional operations conducted with turbine helicopters operating in close proximity to the

ground and people.

V. FINAL REMARKS

Sir or Madam, I greatly appreciate your taking the time to review this application for the Myrtle

Beach Drone Company. If you have any questions or require any additional information, please

contact me directly at 843-267-0202 or myrtlebeachdronecompany@gmail.com.

Respectfully,

Myrtle Beach Drone Company, LLC

POC: Andrew Ferraro, Owner

PH: 843-267-0202

Email: myrtlebeachdronecompany@gmail.com

Address: 1511 Edge Dr, North Myrtle Beach, SC 29582