US Department ofTransportation Exemption Request Pursuantto Section 333of the FAA

Reform Act and Part 11 ofthe Federal Aviation

January 16, 2016

Brian Lee Beagle 876 N. Main St Apt 108 Wake Forest, NC. 27587 axeoneone@yahoo.com 315-783-4139

U.S Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590 .......J

Re: Exemption Request Pursuantto Section 333ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14CFR 45.23(b); 14CFR 61.113{a) and (b); 14CFR 91.7(a); 14 CFR91.9(b)(2); 14CFR 91.103; 14CFR 91.109; 14 CFR 91.119(c); 14CFR 91.121; 14CFR 91.151(a); 14CFR 91.203(a) and (b); 14CFR 91.405 (a); 14CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuanttothe authoritycontained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Brian Lee Beagle hereby appliesfor an exemption from the listed Federal Aviation Regulations C'FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein oras may be established bythe FAA as required by Section 333.

Thankyou in advanceforyour consideration.Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following

areas:

1. Real Estate 

### 2. Videography I Photography 

### 3. Search and Rescue 4. Real Estate 

### 5. Crops 

### 6. CellTower's

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document undercontrolled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemptionwould increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilitiesto"

.... establish requirements for the safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is

Brian Lee Beagle 876 N. Main St Apt 108 Wake Forest, NC. 27587 axeoneone@yahoo.com**31_5-783-~139**

From whichtheexemption Is requested: 14CFR Part21 subpartH 14 CFR 45.23 (b) 14CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14CFR 91.9 (b) (2) 14CFR 91.103 14CFR 91.109 14 CFR 91.119 (c) 14CFR 91.121 14CFR 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)

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As in Grants of Exemption Nos. 11062toAstraeus Aerial (see Docket No. FAA-2014-0352), 11109toCiayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645 to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers orcrew, ratherthan a manned aircraft ofsignificantly greater proportions, carrying crew in addition toflammable fuel, gives the FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest.

Brian Lee Beagle Will operate one or more ofthe Following model UAS.

DJI Phantom 3 Professional

Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafetysurrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAAgrantthe requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UASwill weigh significantly lessthan 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.

3. Flights will beoperated within line ofsight ofthe 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, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first.



### 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilot will be adesignated Pilot in Command (PIC)

.The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day's flights consisting of all the days' Production activities.

9. All flight activities will be logged.

1

0. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre checkof aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 1

00 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive upto

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date information forthe particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controlleror loses GPS signal, the UAS will have the capabilityto return to a predetermined location within adesignated location and land autonomously.

19. The UASwill have the capabilityto abort aflight in case ofemergencieswith
an automated "Return Home and Land" function.

20. The UASwill have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a} (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements torthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1}. Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, 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 Section333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than aconventional aircraft (fixed wing or rotorcratt) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin asecured and designated area. Unlike other civil



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# ........aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide agreaterdegree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed bythe UAS, due to its size, speed of operation, location of operation, lackof explosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entrancetothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/'"restrictedf "light sport/' "experimentalf or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, 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 "limitedf "restricted/' "light sport/'"experimentalf or "provisionalf as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entranceto the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 20,2015 The equivalent level of safetywill 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 ofthe UAS as "Experimental." 14 C.F.R. 

### § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size of the aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. 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 capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate access to it.

14 C.F.R. §91.103: Preflight Action. This regulation requires each pilot in command 

### to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate acivil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of acontrol boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptionsforflighttraining without fully functional dual controls for a number of aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neithera pilot nor passengers wilt be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto 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. As this exemption is for a UAS that is a helicopterand the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may beneeded to allow such operations. As setforth herein, the UAS will never operate at higherthan 400 AGL with the exception that in circumstanceswhere the UAS is used to surveyor photograph astructure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. Itwill however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at orbelow 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must complywith Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"

...to the elevation ofthe departure airportor an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead aGPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the safety check listand live 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 Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled area where only people and property
owners or official representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafetycan be achieved by limiting flights to 30 minutes or 25% ofbattery power- 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.

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14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate acivil aircraft unless it has within itthefollowing: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well under the proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner 11Shall have that aircraft inspected as prescribed in subpart Eof this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspector maintain the aircraft in compliance with Part43. Given that these sections and Part43 apply only to aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level ofsafetywill be achieved because the UAS is very limited in size and will carry asmall payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep alog of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a linkon last page, the operatorwill ensurethatthe UAS is in working order prior to initiating flight and perform required maintenance needed.

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Additional Information.

The applicant Brian Lee Beagle believesthis exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficientjustification forthe granting of commercial operations of the applicant's UAS. Ialso feel its in the public's intereston granting the exemption, as we can educate them atthe same time. And all the positive sides ofthe new technology and the level of safety.

The applicant Brian Lee Beagle requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notify Brian Lee Beagleof your actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,

Brian Lee Beagle



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