January 5 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washing ton, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations.


### Name and Address of Petitioner: Michael Starley 180 James Street Winder, Georgia 30680 678

-425

-8038 (Cell) 770

-867

-3348 (Home) mikestarley@yahoo.com


### Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Michael Starley, the Petitioner, request exemption from the following Federal Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System. 

### Regulations from which the exemption is requested: 14CFR 21 H 14 CFR 45.23 (b) 

### 14 CFR 61.113 (A) 7 (b) 14 CFR 91.7 (a) 14 CFR 91.9 14 CFR 91.103 (b) 14 CFR 91.109 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 (a) & (b) 14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67

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

### Applications and Operations: Land Surveying

-Hydrologic Inspection

-Crop Inspection

-Search and Rescue

-Real Estate Photo and Video

-Silo Inspection

-Cell Tower Inspection

-Utilities

Inspection and Location (Gas, Water, Sewer, Cable TV, and Phone Lines)

-Aerial Photography (Real Time)

-Bridge Inspection

-Water Tower Inspection

-Security Surveillance

The Petitioner believes the use of the UAS is more economical and safer to use for the aforementioned purposes. Use of the UAS rather than a manned aircraft is more economical to the consumer, and beneficial to the general public due to its small size, low noise and minimal potential for accident.
Characteristics of the Aircraft: The UAS to be used is the DJI Phantom 2 which has a small 20 inch wingspan and ultra

-light (payload capacity of 1144Grams) making this platform perfect for precision aerial mapping missions thanks to the on

-board GPS and the related flight management software (Mission Planner) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real

-time. The onboard camera takes and collects high definition still images that are later used to generate maps and contour lines of the surveyed area.

The four main characteristics of the DJI Phantom 2 are: 

### 1. Very Light Weight The DJI Phantom 2 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. Its low impact energy (in the case of a controlled emergency landing) also significantly reduces the risk of hazardous situations.


### 2. Electric

-powered The DJI Phantom 2 is electric powered. A brushless engine technology makes it silent and reliable.


### 3. Semi

-automatic flight The artificial intelligence incorporated within the DJI Phantom 2 autopilot system 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 DJI Phantom 2 provides an override capacity that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspends automated operations and take manual control of the aircraft should it become necessary to respond to emergent circumstances, thanks to the remote controller provided with the system. Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations: The Petitioner requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe UAS.


### 14 CFR 21 H: Airworthiness Certificates Certification Procedures for Products and Parts 

### Reason for Exception It has been determined that similar UAS do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664 and 11734. 

### 14 CFR 45.23 (b): Marking of the AircraftThese regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

### Reason for Exception Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have not entrance to the cabin, cockpit or pilot station on which the work "EXPERIMENTAL" can be placed. Given the size of the UAS, two

-inch lettering will be impossible. The word "EXPERIMENTAL" will be placed on the fuselage in compliance with 45.29 (f). The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

### 14 CFR 61.113 (A) 7 (b): Private Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose authorization issued under this part in that person's physical possession or readily accessible. (2) The flight is only incidental to that business or employment. (3) The aircraft does not carry passengers or property for compensation or hire. Reason for 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. 

### 14 CFR 91.7 (a): Civil Aircraft Airworthiness Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

### Reason for Exception It has been determined that similar UAS’s do not require an airworthiness certificate, however the petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual and preflight checks. 

### 14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew. 

### Reason for Exception The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FSS has issued the following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few. 

### 14 CFR 91.103 (b): Preflight Instruction 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 will be needed. The petitioner will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

### 14 CFR 91.109: Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Reason for ExceptionUAS's and remotely piloted aircraft, by their design so not have fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passenger will be carried in the aircraft and by the size and speed of the aircraft.


### 14 CFR 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement. 

### Reason for Exception The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing residential areas that may be considered congested areas. That will not always be the case when providing a 'Property Survey' flight because they could be conducted over empty lots 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 Petitioner will review with the landowners of associated risks to people and property. Due to the small size of the I

-JAS 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: Altimeter Settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL. 

### Reason for Exception Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude. The Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623, 11664, and 11734. 

### 14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions 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 least 30 minutes. 

### Reason for Exception The UAS provides a low battery warning to indicate when you should return the UAS to the 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 Petitioner will not initiate a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to others. 

### 14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:



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

## • 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 19.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

### Reason for Exception To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at a ground control point where the pilot is flying the UAS for immediate access to the extent they are applicable to the I

-JAS's. In doing some research the FAA has issued numerous exemptions to this
regulation. 

### 14 CFR 91.405 (a): Maintenance Inspections Each owner or operator of an aircraft

— (a) shall have that aircraft inspected as prescribed in Subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. 

### Reason for Exception The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the manufacturer's recommended preflight 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, rebuilding, 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 I

-JAS will follow the manufactures suggested replacement parts. 

### 14 FR 91.409 (a)(l) & (2): Inspections Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this 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 Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe flight at all times. 14 CFR 91.417 (a) & (b): Maintenance Records Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) of this section: (1) (2) (3) Reason for Exception The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use approved manufactured parts for all repairs and modifications.14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67

— 61.1 to 61.429: Pilot

Certification This section pertains to flight rules, pilot 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: l, Michael Starley, the Petitioner request for exemption from the above mentioned Federal Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System in order to perform the Applications and Operations pertaining to my Forestry work in a safe and controlled environment. The Petitioner hopes for a timely consideration as I have made a considerable investment in time and finances on this project. Sincerely,
Michael Starley 180 James Street Winder, Georgia 30680 678

-425

-8038 (Cell) 770

-867

-3348 (Home) mikestarley@yahoo.com