June 24th,. 2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New JerseyAvenue, SE., Washington, DC 20590**D~vici,**

## Bu.rtonYoung 6447 CEq;>e Hcmeras Wa,y 

### Nt: #2 St. Petersburg, FL 33702

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Be: Exemption Bequest under Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation Regulations
bear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, David Burton Young, seeks an exemption from Federal Aviation Regulations ("FARs"} detailed below for the following described UnmannedAerial System called in this application the ME System, which includes an UnmannedAircraft (UA) and ground station-basedequ.ipmentand crew: THE UNMANNED AIRCRAFT (UA}: 

## 00 A lightweight (20 lb gross weight with all on-board equipment}, manufactured by DJI, Inspire 1- t-600, Phantom 3, that includes the following equipment in flight; 

## 00 An on-board flight computer with GPS navigation and location abilitythat receives signals for flight controls from a ground-based transmitter/controller; 

### (RJ An on-board camera capable ofcapturing imagery in the form of full color, high definition still photos and video; 

### [RJ An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site; 

### (RJ A 2.4GHz on-board radio transmitter thattransmits live video from the on-board camera plus all the flight data from the telemetry system described above ; THE GROUP STATION -BASED PART OFTHE SYSTEM: 

## 00 A Pilot in Command (PIC} in operational control of a flight operation from beginning to end and who controls the UA while in the air; 

### (RJ A 2.4GHz radio transmitter/controller operated by the PIC to control the UAwhile in flight; 

### lE] A radio receiver receiving live video and flight datafrom the on-board camera and computer projects it all togetheronto a screen forthe PIC to vtew during flight; 

## 00 A Visual Observer (YO) is a person who provides a second pair of eyes to visually track the UAwhile in flight.

··--·-·--------The requested exemptionwould suppo(t anapplicationtor a commercial Certificate of Authorization to use the above described ME Systemto support 

### Real Estate Photography, Aerial Sports Videography and Inspections notoperating over persons not directly involved with the ME system. The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk**lev~.ls** and thereby enhance safety and diminish the likelihood of death orser1ous bodilyinjury. With a small payload and m<OOmum flight time ofonly 18 minutes, this is offers little or no risk to national security.
Low level oblique photos and video from several angles are far more effective than groundbased imageryfor displaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter a full-sized helicopter for this purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the

### UA will be valuable to and benefit many buyers and sellers of real property and marine property. Additionally, we request thatwe be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME System wiU be operated inthe field with both a PJC and a VO in accordance wjth FAA Policy 

### N 8900.227 Section 14 "Operational Requirements for UAS" and with thefollowing Restrictions: a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class 

### G airspace at no more than 400ftAGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all timesduring a flight operation; d) Operations will be restricted to flights over property with the permission of the property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UAtype; f) All required permitswill be obtained from state and local government prior to operation; g) The 

### ME System will not be operated overdensely populated areas; 

### 'h) The

### -ME System

# wm notbe operated at**a~r** shows; 

### i) The ME System will not be operated over any open-air assembly of people; 

### j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; n) Noflight 

### may be made without a Pre-Flight 

### tnspection 

### bythe Pte b&fmeeachoperation

### to ascertain that the UA is in a condition safe for flight (see AppendixA).The PlC and VO will meet the requirements outlined

### in FAA Policy N 8900.227 Section 16 personnel Qualifications.Additionally, the PIC and VO will perform**maint~:mance** on the system and will complete a course of maintenance instruction as partof their initial training.
We submitthat the combination of the UA's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAA can have full confidencethatthe operation will have an equivalentor greater level of safety than manned aircraft performing the same mission.
The name and contact information ofthe applicant are: David Burton Young Ph: 727-218-0172 Email:byoung@flyingphish.com
The regulations from which the exemption is requested are listed below. Beside each regulation number isthe page ofthe attached Addendum upon which each may befound together with our proposed equivalent level of safety for each regulation:

- 14CFR Part 21

.................................Addendum Page 1

- 14CFR 91.203

...... .. .........................Addendum Page 1



### - 14CFH45

..23, 

### 45.29

..........................AddendumPage2

- 14

### CFR 91.9

.................................... Addendum Page 

### 2 -14 CFR 61.113, 61.133

.......................Addendum Page 2

- 14CFR 91.109, 91.119, 91.121..

............Addendum Page 3

- 14CFR 91.151

.................................Addendum Page 3

- 14 CFR Subpart 

### E (91.401

- 91.417)

......Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1
We are prepared to modifyor amend any partofthis request to satisfythe need for an equivalent level ofsafety. Please contact us at anytime**~f .**  you require additionaLinformation or clarification. We look forward to working with your office

.

avid B rton ung**Addend~m** 

### ntaining Exemption Requests 

### and Equivalent Level of 

### Sa1etyAppendix A- Flight Manual's Appendix 

### B- Owner's Manual for UA

### ADDENDUM EXEMPTlON REQUESTSAND EQUlVALENT LEVEL OF SAFETY David Burton Young requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe ME System: 14 CFR Part 21 , Subpart H: 

### Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate

.While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

### experimenta1 certificate 

### be issued for the ME System under either or both of the following provisions: 21 .191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations

. Conducting flighttests and other operations to show compliance with the airworthiness regulations including ilightsto show compliance for issuance of type and supplemental type

### certificates,ffights to substantiate major design changes, and· flights to show compliance with the function and reliability requirements ofthe regulations

. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property,will not carry fuel, and will onlyfly under strict operatkmal requfl'ements. Combined wi

. th the UA's Nght weight,-being 

### constructed primarily of carbon fiber and plastic, we propose that the UA will be 

### at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21 , Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph

. 14 CFR 91

.203(a) & 

### (b) Civil aircraft:Certifications required

. The regulation provides that an airworthiness certificate,with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft.Additionally,subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew
. ,.At a maximum gross weight of 6.5 pounds, the UA istoo small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meetthe intent of91

.203, we propose that documents deemed appropriate for this aircraft bythe FAA will be co-located with the crew at the gmund 

### control station and availablefor inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45

.23, which follows immediately after the proposed placard description below:AppendixA EXPERIMENTAL Manufacturer: OJI Innovations, Inc. 950 E BaselineAve. Ste. 210 ApacheJunctionAZ 85119 Models: Inspire 1- t-600, Phantom 3,
14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least3 inches high

.Additionally, the aircraft mustdisplaythe word "EXPERIMENTAL"

.in .letters at least 

### 2 jnches 

### high nearthe entrance

### to the cabin, cockpit, or pilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it bythe FAA.
We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, 

### VO and others in the vicinity ofthe aircraftwhile it is preparingfor launch will 

### be able to see the designation. Additionafly, we feelthat

### the permanent ptacard dtscussed In

### the previous paragraph win provide the aircraft's registration information at the ground station. Finally, we wfll displayatthe ground station a high contrastflag or banner that contains the words "UnmannedAircraft Ground Station" in letters 3 inches high orgreater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should bevisible to anyonethat observesthe aircraft and chooses to investigate its point of origin.
14

### CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation .provides 

### that no .persoo mayoperate 

### an aU-craft unless a current, approved flight manual is in the aircraft. We assumethatthe intent of this requirement is to ensure thatflight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meetthe intent of 91.9, we propose that a current, approved UA Flight Manual (AppendixA) must be available tothe crew atthe ground station anytime the aircraft is in, orpreparing for., flight.


### 14CFR 61

.113 Private pilot privileges and limitations: Pilot in Command and 61

.133 Commercial pilot privileges and limitations

. The regulation providesthat no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot 

### in command of an aircraft in connection with any business oremployment if: (1) The fli

.ght Is on1y

**~ncidental** to thatbustness oremp1oyment; and (2)The aircraft does notcarry passengers or property for compensation or hire

. Our proposed operations require thatthe PIC must either
1. Hold a Commercial Pilot Certificate issued bythe FAA, and have logged 25 hours offlight experience in thistype of UA, or 2

. Meetthe requirements of 8900

.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which

### the PIC is requrred tooomptete "FAAprivate 

### pH01 

### ground instruction" 

### and 

### pass "the FAA Private Pilot written examination." Sincethere are currently no meansavailable for the pilot ofa UAS to gain the experience in an equivalent category and class in orderto applytor a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and passthe FAACommercial Pilot written examination inadditionto completing the private pilot requirements. Sincethe aircraft cannot carry passengers or property, wefeet we meetthe intentof

### 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 

### 14 CFR 

### 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that "No person mayoperate a civil aircraftthat is being used for flight instruction unlessthat aircraft has fully functioning dual controls."
The 

### ME System ground-based control station consists ofa 

### smaU hand-held radio transmitter and while it does 

### notoffer

### a second 

### set of "controls", 

### both the studentand instructor can , and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, wefeel thatthis technique meets the intent

### 91.109 and provides an equivalent level of safety. 

### 14 CFR 

### 91.119 Minimum safe altitudes: General. The regulation statesthat over sparsely populated areasthe aircraft cannot be operated closer than 500 teetto any person, vessel, vehicle, orstructure. Sincethe aircraftwill

### be operating ata maximum of400 feetAGL, we cannot comply with this requirement.
In order to provide an equivalent level ofsafety we will only fly over private property with a size of at leasttwo acres with the permission ofthe owner of the property flown over. The aircraft will not be operated overcongested areas or over anyopen air assembly of persons. The property owner will be briefed on the expected route of flight and the associated risks to persons and propertyon the ground. The aircraftwill be operated at a lowaltitude aliowing, if a power unit fails, an emergency landing without undue hazardto persons or property on the surface. Therefore we maintain that due to the small size of the UA, the hazardto persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.


### 14 CFR 

### 91.121 Altimeter settings. The 

### regulation requires 

### that

### aircraftshaH marntain cruisingaltitudes 

### by reference to 

### an attimeter setting avai'lable within 100 NM of the aircraft.
The UAwill alwaysfly below400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UAon-board computer to the display screen held bythe PIC, providing a constantly updated AGL readout.
14 CFR 91.151 Fuel requjrements for flight in VFA conditions. The regulation provides that no person may begin a ffight in an airplane underday-VFR conditions unlessthere is enough fuel to fly to thefirst point of intended landing and to fly after that for at least30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will neverfly more than 314 NM from the point of intended landing, a full battery charge at launch will ensurethatwe meetthe reserve energy requirement ofthis paragraph

. We request an exemption to the word "fuel'• and askfor an equivalent interpretationwith the word Menergy".14 CFR Subpart E (91.401- 91.417)- Maintenance. Preventive Maintenance, Alterations The regulation providesthatthe operator isprimariiy responsible for**mamta~nmg** the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be ,approved for return to service by a person authorized under 43.T' after maintenance and inspection.
It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."As provided in the Pre-Flight Checklist in .AppendixA, th-e PIC will ensure that the aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91 .417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.
8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in order to perform as a pilot or observer. The UA maximum grossweight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is noton board. Both the PIC and the VO are required to be in VLOS. Given the unlikely eventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslyto the

# atet0f

### fatmchirqg and iand 

### withoutorew mtervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensurethatthe PIC and VO can see and avoid airtraffic; a licensed driver is medically qualifiedto operate a much larger vehicle. AppendixA
APPENDIX A- FLIGHT MANUAL FLIGHT RESTRICTIONS a) No flight will be made with a UAGross weight exceeding 55 pounds; b) Ail operations mustoccurJn FAAClass G airspace at no morethan 400'AGL, at an airspeed of no morethan 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; d) Operations will be restricted to flights over property with the permission of the property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hourso1 total time as a UArotorcraft pilot and at least ten hours logged as a UApilotwith a simHar UAtype; 

### f) All required permits will be obtained from state and local government prior to operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people;

### j) The ME System**w~ll** notbe operated over heavily trafficked roads; 

## k}**T~·** ME System.wilL notbe. Q.perated withinS NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalent to VFR; m) The PIC will brief the VO and property owner about the operation and risk beforethe first flight at each new location; n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe for flight. PREFLIGHT CHECKLIST 

### '1. Remote controUer, aU-craft battery, 

### .and mot»ledevk:.e arefwly

### charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted if necessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADlO CONTACT If radio contact is

### lost and not restored within 3 seconds, an automaticReturnto Home feature is activated and will bring the UAV back to the PIC.