December 21, 2015

U.S. Department of Transportation Docket Management System 1200 NewJerseyAve. ,S. 

### E. Washng ton, DC 20590

Re: Request for Exemption underSection 333 ofthe FAA Modernization and ReformAct of2012 and Part 11 ofthe Federal Aviation Regulations.
NameandAddressofpetitioner Phillip K. Pierce 6741 Monahan Rd. Henrico, Virginia 2323'1-- 804-852-0708 office/cell flyboy4731 @outlook.com

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R Part 11 Phillip 

### K Pierce, the Petlioner, request exemption from the following Federal Aviation Regulationshorderto legally operate an UnmannedAircraft System (UAS) inthe National Airspace System.

Regulations from which the exemptions are requested: 14CFR 21 

### H 14 CFR 45.23 (b) 14 CFR 61.113 (A) 7 (b) 14 CFR 91.7:(a) 14CFR91.9(b}(2) ,.. , 14 CFR 91 :'103 (b) 14 CFR 9'1.1>9 i 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 

### & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91'.409 

### {a) 

### & (b) 14 CFR 91.417'{8}& (b) 

### 14 CFR Title 14 Chapter 1Sub D Part 60 thru 67

- 61.1to 61.429The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations list below.


### Applications and Operations: land Surveying and Mapping Agricultural crop Health Monitoring Construction site inspection Topography mapping Environmental Assessment location of Utilities Aerial Photography- real time

The Petitioner believes the use ofthe UAS's is more economical and safer to use for the aforementioned**~'>c.-~·~·""~·-i*Jfposes:** Use ef the UAS rather than·a marmed aircraft·is·mere-eaonomical to the consumer, ·and benefic'ial to the general public due to**~s** small size, low noise and minimal potential for accident.

Characteristics ofthe Aircraft: The UASto be used isthe 3DR IRIS+which hasa small20 inchwingspan and ultra-light (payload capacity of .8 pounds) making this platform perfect for precision aerial mapping missions thanks to the on-board GPS andthe related flight management software (Mission Planner) that allowsthe operatorto plan safely and efficiently a mission, and then monitor ith real-time. The on board camera takes and collects high definition still images that are later used to generate maps and contour lines ofthe surveyed area.

The four main characteristics of the IRIS+ are: 1. Very lightWeight The IRIS+ is so light the operator can launch it by hand and let it land on almost any surface without requiring a parachute or landing net. Rs bw impact energy (in the case ofa controlled emergency landing) also significantly reducesthe risk: ofhazardoussituations.

2. Electric-powered The IRIS+ is electric powered. A brushless enginetechnology makes 

### it silent and reliable.

3. Semi-automatic flight The artificial intelligence hcorporated within the IRIS+ aut9pibCsysiem continuously analyzes data from the onboard GPS and takes care of all aspects of the flight under the supervision of the operator.

4. Option for Manual control Additionally, the IRIS+ provides an override capacity that allows the operator to take manual actions duringthe flight (Go to Home, Go land, Hold and Resume the mission) and also suspends automated operations and take manual control ofthe aircraft should itbecome necessary to respond to emergent circumstances, thanks to the remote controller provided with the system.Request for Exemption, Section 333 ofthe FAA Reform Act pertaining to Federal Aviation Regulations: The Petitioner requests an exemption from the following regulations aswell as any additional regulations that maytechnically apply to the operation of UAS's.



### 14 CFR 21 H: Airworthiness Certificates Certification Proceduresfor Productsand Parts Reasonfor Exception 

### I has been determinedthat similar UAS'sdo not require an airworthiness certificate as granted in Exemption No. 11>23, 11>50, 11>64 and 11734.

14CFR45.23 (b): MarkingoftheAircraft These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches f!)h. Additionally, the aircraft, must display the word "EXPERIMENTAL" in letters at least 2 hches hgh near the entrance to the cabin, co9kpit, 

## or pibt station. """'"**·~-"-·** _,-.-.,..**~~Reason**for Exception Even though the UASwill have no airworthiness certificate, an exemption may be needed as the UAS will not have entrance to a cabin, cockpit or pilot station on which the word "EXPERIMENTAL" can 

### be placed. Given the size ofthe UAS, two-inch lettering will 

### be mpossible. The word "EXPERIMENTAL" will 

### be placed on the fuselage in compliance with 4529 

### (f). The FAA has issued the followirg exemptions to this regulation to Exemptions Nos.1 0700, 8738, 1>167 and 1>167A.



### 14 CFR 6113 (A) 7 {b): Private Pilot Privileges and Urtations The regulation providesthat no person may serve as a required pibt fight crewmember ofa civil aircraft ofthe United States, unlessthat person: (1) hasa pilot certificate (which I do, private pilot certificate number 228782763) or special purpose authorization issued underthis part in that person's physical possession or readily accessible. (2)The flight 

### is only incidental to that business oremployment. (3) The aircraft does notcarry passengers or propertyfor compensation or hire. Reasonfor Exception The Petitioner will follow all manufacturers' training program and safety manual. I also believe these requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have omitted this as a future requirement for small UAS's.

14CFR917 (a): CiviiAircraftAirwortmess Civil AircraftAirworthiness: (a) No person mayoperate a civil aircraft unless it is in an airworthy condition. Reasonfor Exception 

### I has been determinedthat similar UAS's do not requirean airworthinesscertificate, howeverthe petitionerwill ensure airworthinessthroughthe combined use ofthe manufacture's Operations Manual and preflight checks.14 CFR9'9 (b) (2): Civil Aircraft Fight Manual in theAircraft This regulation providesthat noperson mayoperateanaircraft unlessa current, approvedflight manual sin the aircraft. \Ne assume that the intent ofthis requirements to ensure that flight manual information is available tothe aircrewwhile operatingthe aircraft. \Ne request an exemption to this requirementsincethe aircraft is notonly too small tocarry documentation; the documentationwould not be available to the crew. Reason for Exception The equivalent evel ofsafetywill be maintained by keeping the flight manual atthe goundcontrol pointwherethe pibtflying the UASwill havemmediateaccesstot The FSS has issued thefollowing exemptionstothis regulation: Exemption#8607, 8737, 8738, 9299, 9299Ato lista few.

14 CFR 91.1)3 (b): Preflight hstruction This regulation requires each pilot in commend to take certain actions before flight to insure the safety 

### of flight. ·AS FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption



### _,.. ""wrfi be reooed. -The**Pet~ioner** will take all actions lncfudlrg reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation 

### of flight.

14CFR91.'09: Flighthstruction The regulation providesthat "No person mayoperate a civil aircraft that is being usedforfight nstruction unless that aircraft hasfully functioning dual controls." Reasonfor Exception UAS'sand remotely piloted aircraft, bytheir designso not havefully functional dual controls. Flight control isaccomplished through the useofa control boxthat communicateswith theaircraftvia radio communications. TheFAAhasapprovedexemptionsforflighttrainingwithoutfullyfunctionaldual controlsfor a numberofaircraft and forflight instruction in experimental aircraft. See exemption Nos. 5778K

### & 9862A. The equivalent level ofsafety provided bythe fact that neithera pibt nor passenger will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 CFR 91.1 "B:Minimum Safe Altitudes The regulation providesthatoversparsely populated areasthe aircraftcannot beoperated closerthan 500feet to any person, vessel, vehicle, or structure. Since the aircraftwill be operatingat a maximum of 400feetAGL, we cannot complywith this requirement. Reason for Exception The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing**.r~idential** areas that may 

### be considered congested**area~._,IbatwiJI** not always be the case when providirg a 'Property Survey' flight because they could be conducted over empty bts or acreages with
no structures. In the case of flying over or near existing private property while providing aerial imagery, property inspections, and property assessments, landowners will be notified in person by the Petitioner,
or by a card 

### left behind by the Petitioner if requested. The**Pet~ioner** will review with the landowners of associated risks to people and property. Due to the small size of the UAS the associated risk to persons, vessels, vehicles and structures is not comparable to manned aircraft and should be taken into consideration.14 CFR 91.121:Aitimeter Settings This section requiresthat each person operating an aircraft shall maintain the cruising altitude orflight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating below 

### 'B,<XX> feet MSL. ReasonforException Most UASdo not have a barometric altimeter. 

### f does have a GPSthat will calculate altitude. The Petitioner will limit flights to a maximum altitude of400 feet AGL as granted in Exemption No. 11323, 1"'564, and 11734.

14 CFR 90.151 (a) Fuel Requirementsfor Fightin VFR Condtions Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed. (1) During the day, to fly after that for at east 30 minutes. ReasonforException The UAS provides a bw battery warningto hdicatewhen you should return the UAStothe launch point. In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go Land") action in these situations. The PeUioner wi II not inliate a flight unless (consideringwind and forecast weather conditions) there is enough powerto fly at normal cruising speed tothe intended landing point and all flights will be conducted during day!ight hours and attimes notto be a nuisance to others.



### 14 CFR 91203 (a) & (b): Carrying Civil Aircraft CertifiCation and Reg,tration This regulation provides asfollows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthinesscertificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under 1l715 is displayed atthe cabin orcockpit entrance so that it 

### is egible to passengers or crew. Reason for Exception To obtain an equivalent level ofsafety and meetthe intent of91203, documentation will be housed at a ground control pointwhere the pilot 

### is flying the UAS for 

### inmediate access to the extent they are Applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this re,gulation.



### 14 CFR91:405 (a): IVIaintenance Inspections Each owner or operator of an aircraft -(a) shall have that aircraft nspected as prescribed in Subpart E of this part and shall between required nspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed h part 43 ofthis chapter. Reason for Exception The Petitioner shall inspect the aircraft prior to every flight. The PeUioner also will follow the manufacturer's recommended**preflig~t** checklist and make any repair necessary before flights occur. The Petitioner will also maintain a log of any maintenance or repairs performed.14 CFR 91.407 {a) {1): Maintenance Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may operate any aircraft that has under gone maintenance, preventative maintenance, rebuitting, or alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of this chapter. Reason for Exception The Petitioner who has the responsibility for the operation and safety of the UAS will follow the manufactures suggested replacement parts.

14 FR 91:409 (a){l) & (2): Inspections Inspections: (a) Except as provided in paragraph (c) ofthissection, no person may operate an aircraft unless, withinthe precedirg 12 calendar months, it has had (1) an annual inspection in accordance with part43 ofthis chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection forthe issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. No inspection performed under paragraph (b) ofthis section may be substituted for any inspection required bythis paragraph unless it 

### is performed by a person authorized to perform annual inspections and is entered as an "annual" inspection in the required maintenance records. Reason for Exception The Petitionerwill follow manufacturer's suggestionsto ensure that the UAS 5 in a condition for safe flight at all times.

14 CFR 91:417 (a) 

### & (b): Maintenance Records Except forwork performed 

### in accordance with 91.411 and 91.413 each registered owner oroperator shall keep the following records (l)(i) 

### (iQ(iiQ (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) ofthis section:( 1) (2) (3) Reason for Exception The Petitionerwill keep a record ofall repairs and modifications. The Petitioner also proclaims to use approved manufactured partsfor all repairs and modifications.

14C FR Title 14 Chapter 1Subchapter D Parts60thru 67 -61.1to 61429: PilotCertification This section pertainsto flight rules, pibt certificate requirements, manuals, etc. Reason for Exception The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and current FSS proposals have omitted this as a future requirement for small UAS's.

In Conclusion:**~** I, Phillip k. pierce, the Petitioner request'tfr exemption from the above mentioned FederalAviation Regulations inordertoegallyoperatean UnmannedAircraft System (UAS) in the NationalAirspace System in orderto perform theApplications and Operations pertainingto my work in a safe and controlled environment. Sincerely; Phillip K Pierce 6741 Monahan Rd. Henrico, Virginia 23231 804-852-0708 office/cell flyboy4731 @outlook.com