Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 1 March 6, 2016 **U.S. Department of Transportation** Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 

### RE: Exemption request FAA Modernization and Reform Act, Section 333, 14 C.F.R Sections 21, 45.23, 61.113(a) & (b) , 91.103, 91.105, 91.109, 91.113, 91.119, 91.121, 91.131, 91.151(b), 91.203, 91.405(a), 91.407(a)(1), 91.409(a)(1)& (2), 91.417(a)&(b), 91.7(a), 91.9(b)(2 ) Dear Sir or Madam, I n pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, John E. Walsh, II, an operator of small unmanned aircraft for aerial photography and videography, seeks an exempt ion from the Federal Aviation Regulations (FAR) to allow commercial operations of its sUAS. Regulations (“FAR’s”) to allow commercial operations of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. John E. Walsh, II, is the owner of SRQ Drone Pro, LLC in Sarasota, Florida. I am a Florida Certified Law Enforcement Officer with a B.A. degree in Professional Aeronautics from Embry Riddle Aeronautical University Daytona, Florida . I am also a certi ficated single and multi - engine commercial pilot with instrument rating since 2006 (certificate # 3195436) . SRQ Drone Pro, LLC has recently purchased a DJI Phantom 3 quad - copter which is equipped with a camera and intended for aerial videography/cinematography. I have completed FAA sUAS registration and received Certificate of Registration # FA3W7C4PCH. As described more fully below, the requested exempti on would permit operation of the ultra lightweight, unman ned and relatively inexpensive sUAS (s) under controlled conditions in airspace that is limited, predeterm ined, controlled as to access take photos and record video for its clients. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems [sUAS’s] in the national airspace system . ”Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 2 Information Supporting this Petition as Specified in 14 C.F.R. §11.81 (a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or e - mail address;

John E. Walsh, II / sUAS Pilot SRQ Drone Pro, LLC P.O. Box 1046 Sarasota, Florida 34230 - 1046 Phone: 941 - 685 - 6247 E - Mail: srqdronepro@gmail.com (b) The specific section or sections of 14 C.F.R. from which John E. Walsh, II seeks an exemption:

 2 1 – Subpart H Certification procedures for products and parts, Airworthiness Certificates  45.23 – Display of marks; general  61.113 – Private pilot privileges and limitations: Pilot in Command  91.103 – Preflight Actions  91.105 – Flight crewmembers at statio ns  91.109 – Flight instructions; Simulated instrument flight and certain flight tests  91.113 – Right - of-Way Rules  91.119 – Minimum safe altitudes: General  91.121 – Altimeter settings  91.131 – Operations in Class B Airspace  91.151 – Fuel requirements for fl ights in Visual Flight Rules (VFR) conditions  91.203 – Civil aircraft: certification required  91.405 – Maintenance required  91.407 – Operation after maintenance, preventative maintenance, rebuilding, and alteration  91.409 – Inspections  91.417 – Maintenance records  91.7 – Civil Aircraft Worthiness  91.9 (b)(2) – Civil Aircraft Flight Manual in the Aircraft (c) The extent of relief John E. Walsh, II seeks, and the reason John E. Walsh, II seeks the relief: John E. Walsh, II seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to the extent to operate small s UASs to record aerial photography and videography purposes. This exemption application is expressly submitted to fulfill Con gress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the r ulemaking required under Section 333 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS ( s ) do not create a hazard toExemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 3 uses of the NAS or the public or pose a threat to national security in light of th e following:

 The s UAS ( s ) size, weight, speed and operational capability;  Operation of the s UAS in close proximity to airports and populated areas; and  Operation of the s UAS within visual line of sight of the operator. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system” The Federal Aviation Act expressly grants the FAA the authority to issue exemptions . This statutory authority by its terms includes civil aircraft, as the term is defined under § 40101 of the Act, that includes sUAS ( s ) , from the requirement that all civil aircraft must have current airworthiness certi ficate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702 -44716 of this title if the Administrator finds the exempt ion in the public interest. 49 US C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR § 91.203 (a) (1). **14 CFR 21 –**  **Subpart H Certification procedures for products and parts, Airworthiness Certificates** John E. Walsh, II seeks exemption from **14 CFR 21, Subpart H** which states the certification procedures for products and parts as well as airworthiness certificates. The sUAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the manual’s requirements, and under the requi rements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and the property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 2 1, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial load. John E. Walsh, II has developed its own procedures and protocols to promote and provide safe flying experience s for PIC(s) which can be viewed in section (e) of this petition. Unlike other civil aircraft, ope rations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation.Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 4 **14 CFR §**  **45.23 (b) Display of Marks; general**  John E. Walsh, II seeks an exemption from **14 CFR 45.23** , which discusses the display of marks. When marks include only the Roman capital letter “N” and the registration number is displayed on limite d, restricted or light- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more th an 6 inches high, the words “limited,” “restricted,” “light sport,” “experimental,” or “provisional,” as applicable. An exemption to this section is needed due to the lack of a cabin, cockpit or pilot station where any reference to the term “Experimental” could be affixed. Accordingly, the wording will be placed on the fuselage. This equivalent level of safety will allow the team to clearly see “Experimental.” John E. Walsh, II will also register each aircraft in operations with a certified “N” number as required. The FAA has issued the following exemptions to this regulation to exemption numbers 10700, 8738, 10167, and 10167A. **CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations: Pilot in Command** CFR 61.113 (a) & (b) states: (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2 ) The aircraft does not carry passengers or property for compensation or hire. John E. Walsh, II is seeking an exemption from this re gulation, because there is no conclusive evidence that a person with a private pilot certificate can successfully maneuver a sUAS without first hand flight experience with the particular sUAS. In fact, having a private pilot certificate does not automatically ensure competence at flying an sUAS in 3 rd pe rson view as required to properly operate an sUAS within the required line of sight. However, we believe that the PIC and FOVO (Field Operation Visual Observer) must be able to understand and correctly interact with the general aviation community. Our PI C and FOVO will be both certified in ground school equivalent training to be able to properly interact with General Aviation protocols.Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 5 **CFR 91.103 (b) Preflight action** CFR 91.103 (b) states: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include — (b) For any flight, runway lengths at airports of intended use, and the following takeoff and la nding distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and tempera ture. This regulation dictates that a pilot conduct preflight activities. Without an FAA approved flight manual, relief is required from this regulation. Extensive pre -flight planning will provide an equivalent level of safety by using the operations plan , aircraft flight manual, maintenance manual and available weather and NOTAM information. **14 CFR 91.105 –**  **Flight crewmembers at stations** John E. Walsh, II will need an exemption from this regulation due to the fact that the sUAS will not have a flight crew or crew stations other than the P IC and a FOVO. The PIC, not being in the aircraft, therefore will also not have to be restrained into a seat via shoulder harness or safety belt at the time of the flight. **CFR 91.109 Flight instruction** CFR 91.109 states: No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS ( s ) clearly have no onboard flight controls. An equivalent level of safety will be accomplished by conducting pilot training via the control system that communicates with the aircraft from the ground. John E. Walsh, II to conduct this training in a rural area in the eastern portion of Sarasota County, Florida under controlled conditions. John E. Walsh, II believes that there is no inconclusive evidence that a person with a private pilot certificate or license can successfully maneuver or train someone to use an sUAS without first hand flight experience with the particular sUAS. Flying in 3 rd person orientation requires built - up experience in that form of flying for many years. Therefore, we believe our own flight training, pilot protocols and firsthand experience with the sUAS as laid out in our Flight Operations Manual meets and exceeds theExemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 6 requirements necessary to safely operate our sUAS for the tasks we purpose. Also, the sUAS will be operated by remote control, which will only require single person operator and dual controls for flight operation will not be necessary. **CFR 91.113 Right -** **of -** **way rules: Except water operations.** CFR 91.113 deals with the many scenarios whereby different types of aircraft in different states must give way to other aircraft. Because the sUAS PIC does not have “see and avoid” capability, the petitioner requests relief from this regulation. All operations will be within LOS of the pilot and well below any airspace where other flight activity is taking place. **CFR 91.119 (d) (1) Minimum safe altitudes; general** CFR 91.119 states: (d) Helicopters, powered parachutes, and weight- shift- control aircraft. If the operation is conducted without hazard to persons or property on the surface — (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is for a s UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 4 00 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the s UAS will never operate at higher than 400 AGL with the exception that in circumstances where the s UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the s UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated i n a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre -obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the s UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the plan ned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional airc raft operating at or below 400 AGL. In addition, the low- altitude operations of the s UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 7 **CFR 91.121 Alti meter settings**  CFR 91.121 states: 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, to — The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; The sUAS aircraft intended for this activity will not be equipped with a barometric altimeter. Instead it will incorporate radio altimetry via the o nboard GPS. An equivalent level of safety will be achieved through use of the operations and maintenance manuals governing altitude control. A preflight calibration of launch site altitude will be accomplished. **CFR 91.131 (a) (1) (c) (2) & (d) (1) Operat ions in Class B airspace**  CFR 91.131 states: (a) Operating rules. No person may operate an aircraft within a Class B airspace area except in compliance with § 91.129 and the following rules: (1) The operator must receive an ATC clearance from the ATC fac ility having jurisdiction for that area before operating an aircraft in that area. (c) Communications and navigation equipment requirements. Unless otherwise authorized by ATC, no person may operate an aircraft within a Class B airspace area unless that a ircraft is equipped with — (2) For all operations. An operable two -way radio capable of communications with ATC on appropriate frequencies for that Class B airspace area. (d) Other equipment requirements. No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with — (1) The applicable operating transponder and automatic altitude reporting equipment specified in § 91.215 (a), except as provided in § 91.215 (e), and Because the planned sUAS to be employed lacks an onboa rd transponder or two way communication capability, relief from this regulation is required. An equivalent level of safety will be achieved by limiting the operating ceiling of the sUAS to altitudes well below any conflicting manned airc raft traffic (no hi gher than 400 feet). This assures de -confliction with all other traffic and specifically traffic within the Class B ai rspace. Additionally, John E. Walsh, II will periodically report to the FSDO on operations and risk management issues.Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 8 **CFR 91.151 (b) Fu el requirements for flight in VFR conditions.**  CFR 91.151(b) states: Section 91.151 (a) prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the s UAS provides approximate ly 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR con ditions is reasonable. John E. Walsh, II believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the s UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alle viate given the size and speed of the small s UAS. Additionally, limiting s UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power — whichever happens first. This restriction would be more than adequate to return the s UAS to its planned landing zone from anywhere in its limited operating area. No night time operations are currently planned. **CFR 91.203 (a) & (b) Civil Aircraft: Certifications required** CFR 91.203 (a) & (b) states: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under § 21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under § 91.611) must have on it the registration number ass igned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for ope ration within the United States,Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 9 the second copy of the Aircraft registration Application as provided for in § 47.31(c), or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil aircraft unless the airw orthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS to be employed has no cockpit or pilot and therefore has no ability to carry onboard any certification or registration documentation. The equivalent level of safety will be achieved by keepin g these documents with the PIC and FOVO on the ground a t the event. Previous precedence is resident in Exemptions 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A and 10700. **CFR 91.405 (a); 407 (a) (1) (2); 409 (a) (2); & 417 (a) & (b) Maintenance** These CFRs state: Each owner or operator of an aircraft — (a) S hall 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; Operation after ma intenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless — (1) It has been approved for return to service by a person auth orized under § 43.7 of this chapter; and (2) The maintenance record entry required by § 43.9 or § 43.11, as applicable, of this chapter has been made. Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within t he preceding 12 calendar months, it has had — (2) An inspection for the issuance of an airworthiness certificate in accordanc e with part 21 of this chapter. O perator shall keep the following records for the periods specified in paragraph (b) of this secti on: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100 - hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include —Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 10 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certifica te number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life - limited pa rts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, i ncluding the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for eac h major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a) (1) of this sectio n shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a) (2) of this section shall be retained and transferred with the aircraft at the time the aircra ft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. These FARs only concern aircraft with an airw orthiness certificate and therefore would n ot apply in this situation. The ability for an almost immediate safe recovery and landing if a malfunction occurs and the eight engine configuration with the ability to fly with loss of thrust on 2 engines provide s a comfortable operating envelope and ensures an equivalent level of safety.Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 11 **CFR 91.7 (a) Civil aircraft worthiness** CFR 91.7 (a) states: No person may operate a civil aircraft unless it is in an airworthy condition. Assuming no airworthiness certificate will be required due to relief from Subpart H, no regulatory standard exists for determining airworthiness. The equivalent level of safety will be achieved through the employment of flight manual and maintenance manual procedures, pilot training and analytical risk management for each event. **CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft** CFR 91.9 (b) (2) states: No person may operate a U.S. - registered civil aircraft — For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size of t he sUAS being utilized in this endeavor, there is no room onboard for an aircraft flight manual. The equivalent level of safety will be achieved by keeping the flight manual with the pilot/team on the ground with easy access. Previous precedence is reside nt in Exemptions 8607, 8737, f8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, f32827, and 10700.Exemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 12 **The reasons why granting John E. Walsh, II**  **request would be in the public interest; that is, how it would benefit the public as a whole:**  Gra nting the present Petition will further the public interest by allowing John E. Walsh, II to safely, efficiently, and ec onomically perform aerial video and photography of construction sites, real estate, events, a nd civic landscape over certain areas of th e United States. Additionally, use of the DJI Phantom 3 s UAS will decrease congestion of the NAS, reduce pollution, and provide significa nt benefits to the economy. Not ably, the benefits of John E. Walsh, II proposed operation of the DJI Phantom 3 s UAS will be realized without implicating any privacy issues. Granting the exemption to John E. Walsh, II would allow the public to safely view events and property from a dynamic and unprecedented aerial perspective. John E. Walsh, II has created a unique way to view events and property that benefit the general public socially and economically. John E. Walsh, II will set an industry standard in using purpose built s mall Unmanned Aircraft Systems (sUAS) with multiple redundant features that enhance safety. **The reasons why granting the exemption would not adversely affect safety:**

 John E. Walsh, II shall include at a minimum of a FAA- rated private or recreational flight certificate as well as ground school certification.  During operations at minimum, we will have a Pilot in Command (PIC) and a Flight Operations Visual Observer (FOVO) certified under safe operations protocols.  The flight area of the sUAS will be observed for best takeoff and landing locations. Desired conditions include: flat and level su rfaces clear of debris, at least 15 feet from power lines and structures, and a minimum distance of 12 feet from the PIC and observers.  The sUAS will also be in the Visual Line of Sight (VLOS) to both the PIC and FOVO during all flights.  Flights must t ake place during good weather conditions with no rain, low laying clouds, or heavy winds. All flights will take place during the daylight hours with no night flights.  The PIC(s) of the sUAS will at least have 12 training hours or 24 flights accrued before being designated working flights.  All batteries must be charged completely before each flight and each flight must end when the battery has a 30% power level remaining.  A visual safety inspection will occur before each flight, testing propeller tightness, security mount of camera / detection equipment, remote range test, and proper safety equipment is adorned to PIC and FOVO.  The sUAS w ill be flown under a height of 400 feet AGL.  No PIC or FOVO will engage in, nor may a PIC or FOVO permit, any activity dur ing a critical phase of flight so as to ensure that the sUAS is in a condition for safe flight operation and in a configuration appropriate for the purpose of the intended flight.  If there is more than just an operator at a site during a flight, the PIC operator and observer orExemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 13 FOVO will maintain two -way communications with each other during all operations; if unable to maintain two -way communications, or if any condition occurs that may otherwise cause the operation to be unsafe, the operator will immedi ately conclude the operation.  If the communication link is lost, the sUAS will go into fail - safe mode and safely descend to its designated home - point location. If the communication link is reconnected during the fail - safe mode, control of the sUAS can be regained before landing occurs at the home - point location.  There is no fuel or payload to the sUAS, therefore there will be no potential explosives or risk of explosion if a crash occurs.  The sUAS will feature a built in compass that will be recalibrated at every sit to maintain accurate directional readings and help in keeping the sUAS stable during flights.  The sUAS will record GPS location data once Ready to Fly status has been obtained. A minimum of six satellites will activate Ready to Fly status. As well as full auto - pilot return -to - home feature.  The aircrafts to be operated will include: the DJI Phantom 3 Advanced wi th a diagonal size of 590 mm and a flyi ng weight of less than 1280 grams .  The aircraft vertical and horizontal aspect concerning hove ring accuracy is less than 0.5 m and 1.5 m respectively . With a maximum wind resistance of 18 mph.  The aircraft runs off a high quality Li - Pro battery. (f) A summary FAA can publish in the FEDERAL REGISTER, stating (1) The rule from which you seek exemption; and (2) A brief description of the nature of the exemption you see Petitioner: John E. Walsh, II. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, John E. Walsh, II , operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its s UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAS, as described herein, which are DJI Phantom 3 Advanced , equipped with camera(s) and sensors would operate in the following manner: • Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. • Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. • Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. • Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requestedExemption Request Section 333 of the FAA Reform Act



### John E. Walsh, II, SRQ Drone Pro, LLC 

# 14 it by contract or donation. • The ability to offer trainin g to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property. Extensive range testing, “dry- run” testing under benign conditions and simulated emergencies will demonstrate that this activity can be accomplished withou t hazard to the general public. Predetermined waypoints using Geographic Instrument System coordinates and auto - pilot “fly to” commands provide extremely precise navigation. These capabilities, in total, provide a level of safety that should be satisfactory to the FAA and general public.

In view of the beneficial advantages to public safety, we respectfully submit our Section 333 exemption request. **W HERE**  **FO R**  **E**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act, Section 333, John E. Walsh, II res p ectfully reque sts that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 21, 45.23, 61.113(a) & (b) , 91.103, 91.105, 91.109, 91.113, 91.119, 91.121, 91.131, 91.151(b), 91.203, 91.405(a), 91.407(a)(1), 91.409(a)(1)& (2), 91.417(a)&(b), 91.7(a) , 91.9(b)(2) and permit John E. Walsh, II to operate t h e DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of t h e Uni te d Stat es.

Sincerely, John E. Walsh, II SRQ Drone Pro, LLC – Owner P.O. Box 1046 Sarasota, FL 34230 - 1046 941 - 685 - 6247 srqdronepro@gmail.com