United States Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

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Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of2012 

Dear Sir or Madam: 

I am writing pursuant to the FAA Modernization and Reform Act of 20121 (the "Reform Act") 

and the procedures contained in 14 C.P.R. 11, to request that I David Arsenault, an owner and operator 

of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below 

so that David Arsenault, may operate unmanned aircraft systems ("UAS") commercially in airspace 

regulated by the Federal Aviation Administration ("FAA"); as long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. The conditions of use identified and proposed by the applicant are: 

1. Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, and news gathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. · · 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and communication towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. UAS Training to persons individually or belonging to the Civil Air Patrol and/or private and 

public organizations to increase awareness and improve safety for current and future UAS 

operations within the national air space. 

As identified and described herein, I David Arsenault, an FAA private pilot, recognized FCC 

radio technician and a avid RC model operator for over thirty five (35) years, would only enhance and 

promote, safe commercial operation's ofUAS within the national air space. Furtheimore, David 

Arsenault has rejected all offers to provide commercial operation of any UAS services to date, within 

the United States, to ensure he is in compliance with any applicable FARs. 

Granting David Arsenault's request comports with the Secretary of Transportation's (FAA 

Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to 

" ... establish requirements for the safe operation of such aircraft systems [UASs] in the national 

airspace system" under Section 333(c) of the Reform Act. Further, David Arsenault will conduct its 

commercial UAS operations in compliance with the protocols described herein or as otherwise 

established by the FAA. 

1 
David Arsenault respectfully requests the grant of an exemption allowing it to operate 

lightweight, remote controlled UAS's. 

The Specific Sections ofTitle 14 ofthe Code ofFederal Regulations, David Arsenault Requests 

Exemption are: · 

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(l); 14 

CFR 409 (a)(2); and, 14 CFR 417 (a) & (b). 

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). 

The Extent of Relief David Arsenault Seeks and the Reason It Seeks Such Relief: 

David Arsenault submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs in order to operate a YUNEEC Q500 and a DJI 

PHANTOM 3 for contemplated commercial, research and other flight operations within the national 

airspace system. The Reform Act provides for such integration of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. David Arsenault's lightweight 

UASs meet the definition of "small unmanned aircraft" as deemed in Section 331 and therefore the 

integration of David Arsenault's lightweight UASs are expressly contemplated by the Reform Act. 

David Arsenault would like to operate lightweight UASs prior to the time period by which the Reform 

Act requires the FAA to promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types ofUASs that may operate safely in our 

national airspace system. Considerations include: 

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near 

airports or populated areas; and, Whether the U AS will be operated by line of sight. 

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for David Arsenault. 

David Arsenault UAS's utilizes four counter-rotating propellers for extreme balance, control and 

stability. They each weigh less than 55 pounds, including equipment. Each of David Arsenault's small 

unmanned aircraft are designed to primarily hover in place and operate at less than a 40 knot maximum 

speed. They are capable of vertical and horizontal operations but operate only within the line of sight of 

the pilot in command. 

Utilizing battery power, flights generally last between five and twenty minutes. Safety systems 

in place include a GPS mode that allows David Arsenault to hover in place if communication with the 

radio control pilot is lost and then slowly descend the UAS. Further, the UAS could be programmed, 

in some instances, to slowly follow the pilot command Utilizing the on board GPS system. The UAS 

operating software and GPS navigation systems do not allow any of David Arsenault's UAS aircraft to 

operate near airports or restricted fly zones. The fail-safe software will disable the UAS vehicles from 

taking off and also limit the U AS systems from operating within specific GPS preset no-fly zones. 

Furthermore, David Arsenault will comply with all TFR's, operation of small unmanned aircraft will 

not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). 2 
Given the small size and weight of the UASs, combined with their operation in cordoned off and wellcontrolled areas, David Arsenault fleet falls within Congress's contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UASs into the national 

airspace system. 

The FAA has the authority to issue the exemption to David Arsenault pursuant to the Federal Aviation 

Act, 85 P.L. 726 (1958), a~ amended (the "Act"). Commercial and Public Benefits 

Granting David Arsenault this exemption request furthers the public interest. First, Congress has 

already pronounced that it is in the public's interest to integrate commercially flown UASs into the 

national airspace system, hence the passing of the Reform Act. Second, as a pilot David Arsenault 

promotes and encourages safe UAS operations every time one of his UASs takes flight. Third, the 

public has an interest in reducing the danger and emission associated with current aerial video capture 

methods, namely, full size helicopters. David Arsenault's UASs are battery powered and create no 

emissions. If an UAS crashes no fuel would ignite or explode. The impact of lightweight UASs is far 

less than a full size helicopter. 

Congress mandated the integration ofUASs into our national airspace system, in part, to 

achieve progression in this noteworthy, and inevitable, field. Permitting David Arsenault to 

immediately fly within the United States furthers these goals. 

Reasons Why Granting David Arsenault an Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Permitting David Arsenault to log more flight time in FAA controlled airspace will allow innovation 

and implementation of new and as of yet undiscovered safety protocols. In addition, David Arsenault 

submits the following representations of enhancements to current aerial video capture methods. 

• UASs weigh less than 55 pounds. 

• David Arsenault only operates its UASs below 400 feet. 

• UASs only operate for 5-25 minutes per flight 

• The pilot in command operates UASs by line of sight 

• UASs have GPS flight modes whereby they hover and then slowly land if communication with the 

remote control pilot is lost. 

• David Arsenault actively analyzes electronic flight data and other sources of information to constantly 

update and enhance safety protocols. 

• David Arsenault is a licensed pilot. 

UASs carry no people on board and David Arsenault operates them in specific areas away from 

mass populations. Lastly, given their small size and weight, even when close enough to capture 

amazing images, UASs need not be so close to the objects they are focused on. 

3 
A Summary The FAA May Publish in the Federal Register: 

A. 14 C.P.R. 21 and 14 C.P.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.P.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed 

operational area of UASs permits exemption from Part 21 because UASs meet an equivalent level of 

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the 

Reform Act. Both pieces of legislation permit the FAA to exempt U ASs from the airworthiness 

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. David Arsenault's UASs meet or exceed each ofthe 

elements. 

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable. 

14 C.P.R. § 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 UASs, this Regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, 10167A, 10602, 10700 and 32827. 

14 C.P.R. § 91.121 regarding altimeter settings is inapplicable insofar as UASs utilize electronic global 

positioning systems and internal gyroscopes to provide spatial coordination. 

14 C.P.R.§ 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. 

They are inapplicable for the same reasons described above. The equivalent level of safety will be 

maintained by David Arsenault. 

B. 14 C.P.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on 

such small aircraft. Regardless, David Arsenault will ma;k its UASs in the largest possible lettering. 

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 

10167 A and 10700. 

C. 14 C.P.R. § 61.113: Private Pilot Privileges and Limitations: Pilot In Command (PIC). 

Pursuant to 14 C.P.R.§§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. 

David Arsenault can achieve an equivalent level of safety as achieved by current Regulations because 

UASs do not carry any pilots or passengers. Further, the risks attendant to the operation ofUASs is far 

less than the risk levels inherent in the commercial activities outlined in 14 C.P.R.§ 61, et seq. Thus, 

allowing Network Media Services to operate its UASs with a private pilot license as the pilot in 

command will exceed current safety levels in relation to 14 C.P.R. §61.113 (a) & (b) 

4 
D. 14 C.P.R. 91.119: Minimum Safe Altitudes. 

14 C.P.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. David Arsenault will never operate at an altitude 

greater than 400 AGL. 

E. 14 C.P.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 

aircraft inspected as prescribed in sub-partE 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." 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to David Arsenault should its requested exemption be granted. David Arsenault conducts an 

extensive maintenance program that involves regular software updates and constant inspection for 

assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved. 

F. Summary. 

I David Arsenault plan to pilot a UAS, YUNEEC Q500 and a DJI PHANTOM 3 which is 

comprised of an unmanned aircraft and a transportable ground station. Both the YUNEEC Q500 and 

Phantom 3 is referred to as a quad-copter UAS, with a maximum gross takeoff weight of about 3 

pounds each. Both are equ:pped with rotors that are driven by electric motors powered by batteries. The 

UA has a maximum airspeed of about 16 m/s. 

David Arsenault seeks an exemption from the following Regulations: 14 C.P.R. 21, subpart H; 14 

C.P.R. 45.23(b); 14 C.P.R.§§ 61.113 (a) & (b); 14 C.P.R.§ 91.7 (a); 14 C.P.R.§ 91.9 (b)(2); 14 C.P.R. 

§ 91.103(b); 14 C.P.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.P.R.§ 91.121; 14 C.F.R. § 91.151(a); 14 

C.F.R. §§ 91.203(a) and (b); 14 C.P.R.§ 91.405 (a); 14 C.P.R.§ 91.407 (a)(l); 14 C.P.R. § 91.409 (a) 

(2); 14 C.P.R. § 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate its fleet of 

small unmanned vehicles and lightweight unmanned aircraft. 

Granting David Arsenault request for exemption will reduce current risk levels and thereby enhance 

safety. 

David Arsenault respectfully requests that the FAA grant its exemption request without delay. The FAA 

has the authority to issue the exemption sought by David Arsenault pursuant to the Federal Aviation 

Act, 85 P.L. 726 (1958), as amended (the "Act"). 

David M. Arsenault 

153 McKishen Rd 

Pittsgrove NJ 08318 

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