August 3, 2015

Exemption No. 12288 Regulatory Docket No. FAA

– 20 15

– 2124

Mr. Bronson Cheeks House Fly, LLC

561 Hunt Road Tarpon Springs, FL 34688

Dear Mr. Cheeks :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 21, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of House Fly, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial videography and cinematography

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an e xemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are a DJI Inspire 1 and DJI Phantom 3

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthin ess Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Bronson Cheeks dba House Fly, LL C is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a)

, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the peti tioner to operate a UAS to perform

aerial data collection. This exemption is subject to the conditions and limitations listed

below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Mr. Bronson Cheeks dba House Fly LLC is hereafter referred to as

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exempt ion are limited to the DJI Inspire 1 and

DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS req uirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and c annot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outli ned in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon req uest. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exempt ion, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenan ce or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may onl y be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining an d inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all

potent ial discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption m ust comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exe mption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the curre nt FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwi se permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access prope rty.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the

int ended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in ac cordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be ide ntified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrato r or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The op erator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and d etermined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with

pe rmission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgress es the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A'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

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a writ ten Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the follo wing:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of th ose who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which fil ming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the

exem ption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on August 31

, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresBronson Cheeks, House Fly, LLC, Tarpon Springs FL – Section 333 Exemption Petition

May 21, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, S.E. Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14
C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.11 3(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.40 7(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Bronson Cheeks dba “House Fly, LLC”, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the proced ures contained within 14 C.F.R. 11, to request that I, Bronson Cheeks, an owner and operator of small unmanned aircraft,

be exempted from the Federal Aviation Regulations (“FA Rs”) listed below so that I, Bronson Cheeks, may operate my unmanned aircraft sy stem (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“ FAA”).

As described herein I, Bronson Cheeks, an insured m ember of the AMA (Academy of Model Aeronautics) am experienced in flying hobby h elicopters/planes for recreational purposes. Currently using a DJI Inspire 1 Quadcopte r 

### 1 and the DJI Phantom 3 Quadcopter 

### 2 with intent for aerial videography/cinematography to enhance academic community awareness for individuals and companies u nfamiliar with the geographical layout of the West Florida area, and augment real e state listing videos; following exemption and approval by the FAA. Thereby enhancin g their academic research experience for the West Florida Area. I have flown RC Helicopters/Planes/Quadcopters for over three (3) years without incident. Committe d to safety with each flight. My exemption request would permit operation of ultra l ight weight, UAS(s) in tightly controlled and limited airspace



### . 3 Predetermined in areas away from general public, airports, heliports and vehicular traffic for commu nity videos, and within property

boundaries for individual homeowner real estate lis ting videos/photos. Currently, similar lightweight, remote controlled UAS's are legally op erated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Bronson Cheeks, have personally instilled safety protocols and

1 Appendix A – DJI Inspire 1 Operator Manual

2 Appendix B – DJI Phantom 3 Operator Manual

3 Appendix C – Tampa — Tampa Florida area VFR radius maps Bronson Cheeks, House Fly, LLC Tarpon Springs, FL - Section 333 Exemption

Petition Page 1 of 9Bronson Cheeks, House Fly, LLC, Tarpon Springs FL – Section 333 Exemption Petition

controls 

### 4 to avoid and prevent public hazard, as well as mann ed aircraft hazards/catastrophe. This will act to further safet y protocols exclusive to lightweight UAS's specific to real estate video and photography usage as I, Bronson Cheeks, record flight data and other information gained thr ough permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requ irements for the safe operation of such aircraft systems [UAS's] in the national airspace s ystem” under Section 333(c) of the Reform Act specific to the use of UAS's for Cinemat ography/Photo purposes. Further I, Bronson Cheeks, will conduct my operations in compl iance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, Bronson Cheeks, res pectfully request the grant of an exemption allowing me to operate ultra lightweight, remote controlled UAS’s for academic community awareness to benefit/stimulate a ttraction to the West Florida area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Bot h of which will promote local economic growth through increased employment and in creased tax base. Both with public safety in mind by keeping heavier manned air craft containing combustible fuel that that poses potential public hazard.

Name and Address of the Petitioner

Bronson Cheeks dba “House Fly LLC”

561 Hunt Road Suite B Tarpon Springs, FL 34688 Mobile: (727) 412-2689

Email: HouseFlyFlorida@gmail.com

Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to

SUAVs

14 CFR Part 21 14 C.F.R. 91.109 14 CFR 91.405 (a) 14 C.F.R. 45.23(b) 14 C.F. R. 91.119 14 CFR 407 (a) (1)
14 CFR 61.113 (a) & (b) 14 C.F.R. 91.121 14 CFR 409 (a) (2)
14 C.F.R. 91.7 (a) 14 CFR 91.151 (a) 14 CFR 417 ( a) & (b)
14 CFR 91.9 (b) (2) 14 CFR 91.203 (a) & (b)

14 C.F.R. 91.103

_________________________

4 Appendix D - Personal Protocols and Controls

Bronson Cheeks, Cinematographer Tarpon Springs, FL - Section 333 Exemption Petition Page 2 of 9Bronson Cheeks, House Fly, LLC, Tarpon Springs FL – Section 333 Exemption Petition

The Extent of relief sought and the Reason He Seeks Such Relief: I, Bronson Cheeks, submit this application in accor dance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently ap plicable FARs operating to prevent me, Bronson Cheeks, to pursue commercial--cinematic , academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft sys tems into our national airspace system as it is in the public’s interest to do so. My, Bro nson Cheeks’, ultra light weight UAS

meets the definition of “small unmanned aircraft” a s defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightw eight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable i nformation for formal regulation that can be administered uniformly to all real estate re lated UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace sy stem. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). E ach of these items reflect in favor of an exemption for me, Bronson Cheeks. My UAS utilizes f our (4) counter-rotating propellers for balance, control and stability. My U AS is equipped with GPS and auto return safety technology. Weighing less than ten (1 0) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, Bronson Cheeks, considers safety as foremost wit h each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financ ial loss I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place when radio control inputs are releas ed. With three modes to choose from, I

utilize the Smart Mode 

### 5 for aerial videography/photography. This is the saf est, most reliable and stable mode to prevent accident and ha zard. When pilot communication is lost UAS is designed slowly descend to point of tak e off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do no t operate near areas where general public is within fifty to one hundred (50-100) yard s depending on location, conditions and weather. I am constantly on alert for any manne d aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immed iately to the nearest and safest ground point should a manned aircraft approach my l ocation or I suspect manned aircraft may approach near my location. My UAS is c apable of vertical and horizontal operations, and are flown only within my line of si ght of me, as the remote control pilot. Utilizing battery power rather than combustible fue ls, flights generally last between eighteen (18) to twenty (20) minutes, with an altit ude under one hundred fifty (150) feet.

5 Smart Mode includes GPS Geofence radius for operati on, position hold, self-leveling, altitude command, return home feature or land in the event of communication interruption between RC transmitter and UAS. See Appendix A

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I, Bronson Cheeks, utilize a fresh fully charged ba ttery with each flight as a safety precaution; full flight time limit for each battery is eighteen (18) to twenty (20) minutes as tested. I do not operate my UAS at or below manu facturer recommended minimum charge levels for operation; preferring to remain w ell within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that could create hazard to the publ ic/property/manned aircraft. I have clocked over 180+ hours of hobby level flights for future commercial use to gain familiarization with the characteristics of this sp ecific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. I, Bronson Cheeks, am extremely cautious when operating of my UAS/ultra light weigh t unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it f alls well within Congress’s contemplated safety zone when it promulgated the Re form Act and the corresponding directive to integrate UAS's into the national airs pace system. The UAS, used in hobby flight, has a demonstrable safety record and does n ot pose any threat to the general public or national security.

How Bronson Cheeks’ Request Will Benefit the Genera l Public:

Aerial videography for geographical awareness and f or real estate marketing has been around for a long time through manned fixed wing ai rcraft and helicopters. However, For small budget real estate companies and average home owners the expense of such aerial videography is cost prohibitive. Only large compani es and high end Realtors or luxury homeowners can afford to absorb such expenses. Depr iving non-luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash that the community has experienced in the past with military, medical and news/tourism he licopter crashes within the city of Tampa and Tarpon Springs. Each resulting in loss of life. Each with combustible fuel that exploded and burned on impact. Police helicopters h ave made emergency hard landings within city limits. My UAS pose no such threat sinc e size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the p ublic’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, Bronson Cheeks, exemption request furthers the public

interest through academic/visual awareness of the geographic al benefits in and around the West Florida area. My ultra lightweight UAS is battery powered and creates no

emissions that can harm the environment. The consequence of my ult ra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public

Bronson Cheeks, House Fly, LLC Tarpon Springs, FL - Section 333 Exemption Petition Page 4 of 9Bronson Cheeks, House Fly, LLC, Tarpon Springs FL – Section 333 Exemption Petition

The public’s interest is furthered by minimizing ec ological and crash threat by permitting aerial video/photo capture through my battery opera ted ultra lightweight UAS's. Permitting me, Bronson Cheeks, to immediately fly w ithin national air space furthers economic growth. Granting my exemption request subs tantially furthers the economic impact for the West Florida community for companies looking to relocate or build in the West Florida area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both o f which serve as a stimulus to the community.

Reasons Why Bronson Cheeks’ Exemption Will Not Adve rsely Affect Safety And How The Exemption Will Provide a Level of Safet y At Least Equal To Existing Rule:

My, Bronson Cheeks, exemption will not adversely af fect safety. Quite the contrary, for the reasons stated permitting me, Bronson Cheek s, to log more flight time in FAA controlled airspace, with communication with th e FAA, will allow me to

contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for UAS Pilots that c an be embraced for development in cooperation with the FAA. In addition I, Bronson Cheeks, submit the foll owing representations of enhancements to current aerial v ideography and photography:

• My UAS weighs less than 10 pounds complete with a s mall ultra light weight high camera

• I only operate my UAS below 200 feet (well within t he 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

• my UAS only operate for 18-20 minutes per flight;

• I land my UAS prior to manufacturer recommended min imum level of battery

power;

• I pilot my UAS through remote control only by line of sight;

• My UAS has GPS a flight safety feature whereby it h overs and then slowly lands if communication with the remote control pilot is l ost;

• I actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

• I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports an d actively populated areas;

• I conduct extensive pre-flight inspections and prot ocol, during which safety carries primary importance;

• I always obtains all necessary permissions prior to operation; and,

• I have procedures in place to abort flights in the event of safety breaches or potential danger.

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My, Bronson Cheeks’, safety protocols provide a lev el of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the p rimary means of aerial video and photography for community awareness and real estate . While the safety record of such helicopters is remarkably astounding, there has bee n local incident involving loss of life as well as extensive property damage; it is far saf er to operate a battery powered ultra light weight UAS.

• First, the potential loss of life is diminished bec ause UAS's carry no people on board and only operated in specific areas away from mass populations.

• Second, there is no fuel on board a UAS and thus th e potential for fire or explosions is greatly diminished.

• Third, the small size and extreme maneuverability o f my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

• Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing s oftware allowing pan and

zoom.

Accordingly, my UAS has been experimentally operate d for familiarization/competency and will continue to operate at and above current s afety levels.

A Summary The FAA May Publish in the Federal Regist er:

A. 14 C.F.R. 21 & 14 C.F.R. 91: Airworthiness Cert ificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Cer tificates, sets forth requirements for procurement of necessary airworthi ness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed o perational area of my, Bronson Cheeks’, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuan t 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 F AA to exempt UAS's from the airworthiness certificate requirement in considerat ion of the weight, size, speed, maneuverability and proximity to areas such as airp orts and dense populations. My, Bronson Cheeks, current and projected UAS's mee t or exceed each of the

elements.

14 C.F.R. 91.7(a) prohibits the operation of an air craft without an airworthiness certificate. As no such certificate will be applica ble in the form contemplated by the FARs, this Regulation is inapplicable.

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14 C.F.R. § 91.9 (b) (2) requires an aircraft fligh t manual in the aircraft. As there are no on board pilots or passengers, and given the size o f the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. 6 The FAA has previously issued exemptions to this regulation in Exemption Nos. 860 7, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,
10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS

utilizes electronic global positioning systems with a barome tric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the car rying of civil aircraft certifications

and registrations. They are inapplicable for the same r easons described above. The equivalent level of safety will be achieved by maintaining any such required

certifications and registrations by me, Bronson Cheeks.

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

Applicable Codes of Federal Regulation require airc raft to be marked according to certain specifications. My UAS 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 sm all aircraft with dimensions

smaller that minimal lettering requirement. Regardless, I will m ark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone as sisting me as a spotter with the

UAV will see the markings. The FAA has previously issue d exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 107 00.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Li mitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, Bronson Cheeks, can achieve an equiv alent level of safety as achieved by current Regulations because my UAS does not carry a ny pilots or passengers. Further, while helpful, a pilot license will not ensure remo te control piloting skills. The risks attended to the operation of my UAS is far less tha n the risk

levels inherent in the commercial activities outlined in 14 C.F.R. § 61, e t seq. Thus, allowing me, Bronson Cheeks, to operate my UAS meet and exceed current safety

levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for th e operation of civil aircraft.

It allows

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6 Appendix E - Safety/Flight Manual

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helicopters to be operated at lower altitudes in ce rtain conditions. My UAS

will never operate at an altitude greater than 200 AGL; safely below the
standard of 400 AGL. I, Bronson Cheeks, will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.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 pres cribed in subpart E of this part and shall between required inspections, except as provi ded 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 ai rworthiness certificate. They
will not, therefore, apply to my, Bronson Cheeks, UAS. Howeve r, as a safety precaution I inspect my UAS before and after each flight.

A Summary The FAA May Publish in the Federal Regist er: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth req uirements for procurement of necessary airworthiness certificates in relation to FAR § 91. 203(a)(1). The size, weight and enclosed operational area of my UAS permits exempti on from Part 21 because my, Bronson Cheeks’, UAS meets an equivalent level of s afety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt air craft 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 t he FAA to exempt UAS's from the airworthiness certificate requirement in considerat ion of the weight, size, speed, maneuverability and proximity to areas such as airp orts and dense populations. My

UAS meets or exceeds each of the 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 FARs, th is Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight m anual in the aircraft. As there are no pilots or passengers, and given the size of the UAS 's, this Regulation is inapplicable. An equivalent level of safety will be achieved by main taining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance progra m that involves regular software updates and curative measures for any damaged hardw are. Therefore, an equivalent level of safety will be achieved.

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In summary, Bronson Cheeks seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 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. § 91.1 03(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my small unmanned vehicle/lightweight unmanned aircraft vehi cle in community awareness, Cinematography, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the West Florida area. Currently, area awareness and real estate aer ial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my request for exemption wi ll reduce current risk levels and thereby enhance safety. My UAS craf t does not contain potentially explosive fuel, is smaller, lighter and more maneuv erable than conventional video and photographic aircraft with much less flight time. F urther, I operate at lower altitudes and in controlled airspace eliminating po tential public risk flying to and from established air fields. I, Bronson Cheeks, have bee n informally analyzing flight information and have compiled safety protocols and the implementation of a flight operations manual for UAS usage that exceeds curren tly accepted means and methods for safe flight. Formal collection of infor mation shared with the FAA will enhance the FAA's internal efforts to establish pro tocols for complying with the FAA

Modernization and Reform Act of 2012. There are no personnel on board my UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. Operation of my UAS, weighing less than 10 pounds a nd travelling at lower speeds within limited areas will provide an equivalent lev el of safety as that achieved under current FARs. Accordingly I, Bronson Cheeks, respec tfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general pub lic at large.

Respectfully submitted,

Bronson Cheeks, House Fly, LLC

561 Hunt Road Suite B Tarpon Springs, FL 34688

Bronson Cheeks, House Fly, LLC Tarpon Springs, FL - Section 333 Exemption PetitionPage 9 of 9



# Appendix A

DJI Inspire 1 Operator Manual

# Appendix B

DJI Phantom 3 Operator Manual

(Uploaded in Separate Attachment 58 page Document)

# Appendix C

Tampa/Orlando --VFR Aeronautical Chart

# Appendix D

Bronson Cheeks

Personal Protocols and ControlsProtocols and Controls

Aerial Community and Real Estate Videos

Safety for public on the ground as well as manned a ircraft above is an essential and utmost consideration for aerial videos and photography. As such, safety protocols and controls must be implemented through pre-flight preparation and duri ng flight.

Pre-Flight Protocol:

• Check batteries with voltage meter to insure fully charged and ready for use.

• Inspect batteries for damage or leakage that may af fect proper operation.

• Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion

or

• unmanageable/uncontrolled flight.

• Check weather forecasts for wind advisory or other conditions that my impact flight.

• Consult five (5) mile radius map for airport vicini ty.

o Contact respective airport to advise of estimated f light time, estimated flight duration, estimated elevation of flight, and any ot her pertinent information.

• Inspect flight area for

o vicinity of public safety helipads/heliports

o vicinity of medical helipads/heliports

o vicinity of light poles

o vicinity or utility wires

o vicinity of trees

o flocks of birds that may cause interference and pot ential flight impact

o vicinity of any elevated obstructions that may pose potential flight hazard

o vicinity of roadways with moderate to heavy traffic that can be distracted

o public gatherings that may attract viewers

o optional point of control for best visual site of U AS while in flight

• Takeoff and landing

o inspect area for best and safest point of takeoff a nd landing

o if in a subdivision or area that is within 150 feet of a residential street, post warning sign(s)/stand(s) "Attention Aerial Photogra phy In Progress - Remain

Back 150 Feet"

Flight Protocol:

• Takeoff and land from same location

• Remain alert to birds, sound or aircraft, curious p ublic, and approaching vehicles

• Do not allow anyone to engage in conversation or di stract the remote control pilot

• Restrict flight to minimal elevation sufficient to acquire desired results

• Remain prepared for emergency landing at all times

• Pay attention to flight time

o If possible set a timer as a safety alert

• Land UAS and shut down propulsion immediately follo wing landingProtocols and Controls

Post flight:

a. Disconnect battery to prevent accidental activation of propulsion system

b. Secure UAS in a safe location

c. Remove all warning signs from public access areas

Emergency or Suspected Hazard:

• Immediate land UAS at safest and closet ground loca tion in the event

o Manned aircraft is heard or seen in vicinity of fli ght

o There is a public gathering within established safe ty boundary wanting to observe flight

o Pilot is being distracted from focusing on flight a nd safety

o Sudden change in weather (wind bursts)

o Sudden increase in vehicular traffic in vicinity of flight

o Birds enter into proximity of flight

o Any sudden unsafe event that can cause collision, d istraction or interruption of

control

# Appendix E

Bronson Cheeks

Safety/Flight Manual