Ralph C. Stutes

RCSRC Aerial Productions 7401 Fox Run Court Granbury, TX 76049July 8 , 2015

U.S. Department of Transportation, Docket Operations 1200 New Jersey Avenue, SE West Building Ground Floor, Room w12

- 1 40 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. 61.113(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); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)
Dear Sir or Madam, I, Ralph Stutes, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Ralph Stute s, dba RCSRC Aerial Productions, hereafter referred to as “RCSRC”, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ( “FARs”) listed below so that RCSRC , may operate small unmanned aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein RCSRC, is a photographer and videographer; experienced in flying hobby aircraft for recreational purpo ses since 1969

. In addition, the owner, Ralph S tutes currently holds a FAA Airline Transport Pilot certificate, number 2155503. This exemption is for the anticipated use of the fol lowing sUAS vehicles: DJI Aspire 1, DJI Phantom 3 , and Yunnec Typhoon Q500+, each equipped with a self

-contained camera with intent for aerial photography and videography; following exemption and approval by the FAA.

RCSRC’s exemption request would permit operation of light weight, unmanned (piloted by remote control) and comparatively inexpensive sUAS(s) in tightly contro lled and limited airspace, in p redetermined in areas away from large public gatherings, airports and heliports for community videos, photos and video of new and remodeled commercial buildings/projects, individual homeowner aerial photography/videography, p hotography and video of land developments for builders, and nature photos and videos in completely unpopulated areas and other community related events upon request. Currently, similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. RCSRC has personally insti lle d safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act tofurther safety protocols exclusive to lightweight sUAS's specific to photography &

videography usage as RCSRC record s flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assi st with future protocol and safety regulation. Granting RCSRC’s request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate sUASs into the national airspace system, but to “...establis h requirements for the safe operation of such aircraft systems [sUASs] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & videography purposes. Further RCSRC , will conduct all operations i n compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below RCSRC , respectfully requests the grant of an exemption allowing operations of light weight, remote controlled sUASs for the purposes of a cquiring aerial photos & videos, both of which will promote local economic growth through increased employment and increased tax base. Both purposes will also keep public safety in mind by reducing heavier
, manned aircraft operations which contain combustible fuel that pose potential public hazard s

. **Supplemental Files:** Appendix A DJI Inspire 1 User Manual (latest version 1.2 ) http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

DJI Phantom 3 Vision User Manual (latest version1.2 ) http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Man ual_v1.2_en.pdf

Yunnec Typhoon Q500+ User Manual (latest version 1.0) http://yuneec.com/download/TyphoonQ500PUserManualV1.pdf Appendix B

- Personal Protocols and Controls

**Contact Information:** Ralph Stutes , 7401 Fox Run Ct. Granbury, TX 76049 Home : (817) 579

-0884 Mobile : (817) 894

- 1391

. Email: ralphstutes@aceweb.com.**The Specific Sections of Title 14 of t he Code of Federal Regulations From W**  **hich**

**RCSRC Requests Exemption are:**  14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 C FR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

**The Extent of relief RCSRC**  **seeks and the Reason He Seeks Such Relief**  I, Ralph Stutes, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

-334, seeking relief from any currently applicable FARs operating to prevent me, Ralph Stutes, contemplated 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 systems into our nat ional airspace system as it is in the public’s interest to do so.

Each sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my sUAS is expressly contemplated by the Reform Act. I would like to operate my sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such c raft; t hereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all relate d sUAS aerial photography & videography. The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for RCSRC

. Each sUAS utilizes four (4) counter- rotating propellers for balance, control and stability , and is equipped with GPS and auto return safety techno logy. Each weighs less than five (25 ) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Ralph Stutes, consider s afety as upmost importance with every flight. My small unmanned aircraft is designed to hover in place via GPS. Built in safety systems include a GPS mode that allows the sUAS to hover in place when radio controls are released. Wi th three separate flight modes to choo se from, I utilize the GPS Mode for aerial photography and videography. This is the safest, most reliable and stable mode to prevent accidents and hazards. Wh en pilot com munication is lost, the sUAS is designed to return to a pre

-designated home point and slowly descend to landing

.RCSRC will not operate any sUAS near airports, Hospitals nor Police heliports, and will

not operate near areas where general public is within thirty to one hundred (30

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical hel icopters, etc.) and prepared to abort/land immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between fifteen (15 ) to twenty (20 ) minutes, with an altitude under four hundred (4 00) feet. I will utilize a fresh
, fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty

-five (25) to thirty (30 ) minutes as tested.

RCSRC will not operate any sUAS at or below the manufacturer recommend minimum charge levels for operation; remain ing well within a safe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking any risk that may cause a crash, which could create hazards to the public / prope rty / manned aircraft, and have no desire to lose an investment. I have done scores of practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific sUAS’s per formance under different temperature and weather conditions. All for the sake of safety.

RCSRC
, is extremely cautious when operating of any sUAS 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 each sUAS
, it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace system. RCSRC’s sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**How Ralph Stutes**  **’ Request Will Benefit the Public A**  **s A Whole:**  Aerial photography has been around for a long time through the use of manned fixed win g aircraft and helicopters. For small budget productions the expense of such aerial photography and videography is cost prohibitive. Only larger companies can afford to absorb such expense. Manned aircraft pose a threat to the public through the potenti al of a catastrophic crash. My sUAS poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown sUASs into the national airspace system, hence the passing of the Reform Act. Granting RCSRC’s exemption request furthers the public interest through academic/visual awareness of the photography and vi deogra phy fields

. All s UAS s arebattery powered and create no emissions that can harm the environment. The

cons equence of any s 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. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial photography and videography captured through battery operated s UASs. Permitting me, Ralph Stutes, to immediatel y fly within national air space furthers economic growth. Granting my exemption request substantially furth ers the economic impact for companies looking to use aerial photography and videography, both of which serve as a stimulus to the community.

**Reasons Why RCSRC’s**  **Exemption Will Not A dversely**  **A ffect Safety** **, Or How The**  **Exemption Will Provide a Level of Safety**  **A t Least Equal To Existing Rule:** 

RCSRC’s , exemption will not adversely affect safety. Quite the contrary, for the reasons stated will permit RCSRC to log more flight time in FAA controlled airspace, with communication with the FAA, and will allow contributions to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for photographers and videographers for development in cooperation with the FAA.

In addition
, RCSRC submits the following representations of enhancements to current aerial photography/videography. All sUAS models anticipated for use weigh less than 2 5 pounds complete with a small
, ultra

- lightweight high quality camera; all sUAS models will be operated below 400 feet (within the 400 foot permissible ceiling set by the FAA Modernizat ion and Reform Act of 2012); each sUAS only operates for fifteen (15 ) to twenty (20) minutes per flight; eac h sUAS will be landed prior to manufacturer recommended minimum level of battery power; each sUAS will be piloted through remote control o nly by visual line of sight; each sUAS has GPS, a flight safety feature whereby it hovers , returns to a designated home position and then slowly lands if communication with the remote control pilot is lost. I actively analyze flight data and other sources of information to constantly update and enhance safety protocols; I only operate in reasonably safe environment away from airports and areas with large groups of people; I conduct extensive pre

-flight inspections and protocol, during which safety carries primary importance; I always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in the event of safety breaches or potential danger.

RCSRC’s safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial sUAS into our national airspace system, helicopters are the primary means of aerial photography and videography. Wh ile the safety record of such helicopters is remarkably astounding,there has been incidents involving loss of life as well as extensive property damage; it is

far safer to operate a battery powered sUAS. First, the potential loss of life is diminished because sUASs carry no people on board and I only operate my sUAS in specific areas away from mass populations. Second, there is no fuel on board a ny sUAS and thus the pote ntial for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of each sUAS 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 sUAS need not be so close to the objects they are focused on through the technology and the use of post editing software allowing panning, tilting and zooming. Accordingly, each sUAS has been experimentally operated for familiarization and competency and will continue to operate at and above current safety levels.

**A Summary**  **: The FAA May**  **Publish in the Federal Register:**
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 requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1 ). The size, weight and enclosed operational area of all RCSRC’s sUAS permits exemption from Part 21 because all sUAS meets (and exceeds) an equivalent level of safety pursuant 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 FAA to exempt sUASs from the airworthiness certificate requirement in consideration of the weight , size, speed, maneuverability and proximity to areas such as airports a nd dense populations. My current and projected sUASs 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, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas where safety can be defined. The FAA has previously issued exemptions to this regulation in Exe mption Nos. 8607, 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 all anticipated sUAS s utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. Theequivalent level of safety will be achieved by maintaining any such re quired

certifications and registrations by RCSRC

. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. All sUASs are, by definition, unmanned. They , t herefo re 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 small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark the sU ASs 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 assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

-commercial operations. RC SRC
, can achieve an equivalent level of safety as achieved by current Regulations because all sUAS s does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the o peration of my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing RCSRC to operate all sUAS s referenced will meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. All sUAS s will never operate at an altitude greater than 400 AGL. RCSRC will operate all sUAS s 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, weigh t, maneuverability and speed of all sUAS s , an equivalent or higher level of safety will be achieved. 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, aircraf t owners and operators to “have [the] 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. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my sUAS s

. However, as a safety precaution I thoroughly inspect my sUAS before and after each flight.**The FAA May** **Pub lish in the Federal Register:**  **14 C.F.R. 21 and 14 C.F.R. 91: Ai**  **rw orthiness**  **Certificates, Manuals and The Like.** 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1).

The size, weight and enclosed operational area of my sUAS permits exemption from Part 21 because RCSRC’s sUAS s meet an equivalent level of safety purs uant 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 FAA to exempt sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. All sUAS s meet or exceed 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, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft

. As there are no pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos . 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

**In summary ,**  **RCSRC 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. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.1 21; 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); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my small unmanned vehicle/lightweight unmanned aircraft vehi cle in community awareness and aerial photography and videography operations. Currently, area awareness and aerial photography and videography relies primarily on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting my re quest for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverable than conventional aircraft, and will not require flight transit time to/from operation locations

. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. I, Ralph Stutes, have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal effo rts to establish protocols for complying with the FAA Modernization andReform Act of 2012. There are no personnel on

- board any sUAS and therefore the

likelihood of death or serious bodily injury is significantly diminished.

RCSRC’s operation of all sUAS s , weighing less than 5 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Ralph Stutes, respectfully request that the FAA grant my exemption requ est and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Ralph Stutes, Photographer / Videographer 7401 Fox Run Ct. Granbury, TX 76049