Michael Carr

12360 Meadowbrook Ln

Poway, CA 92064

1­858­945­3889

mcarr67@gmail.com

August 8, 2015

U.S. Department of Transportation, Docket Operation

West Building Ground Floor, Room w12­140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113

(a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121;

91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

To Whom It May Concern:

Michael Carr hereby petitions the Secretary of Transportation and Federal Aviation

Administration for exemption to the above referenced and below more fully described Federal

Aviation Regulations (“FARs”), that currently may or may not apply to the recreational/business

operations of model aircraft including small unmanned aerial systems (“UASs).

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the procedures

contained within 14 C.F.R. 11, Petition that I, Michael Carr, an owner and operator of small

unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so

that I, Michael Carr, may operate small ultra lightweight unmanned aircraft system (“UAS”)

commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Michael Carr a former FireControlman Technician with the U.S Navy; very

experienced in flying hobby helicopters and fixed wing aircraft for recreational purposes. I

currently have a DJI Phantom 3, 3DR Iris+, and Yuneec Typhoon Q500+ quadcopter UAS with

intent to conduct aerial photography/Inspection/ included but not limited to the following;

Business Operations: over land, waterways, and oceans; operation over/in unrestricted National

Parks, National Forests, flight in non navigable airspace, using non intrusive recording devices,

operation in otherwise unrestricted U.S. States/Territories for aerial

videography/cinematography for commercial operation and to enhance academic community
awareness for those individuals and companies unfamiliar with the geographical layout of such

areas.

As described more fully below, the requested exemption would permit the operation of UAS

under controlled conditions in airspace that is 1) limited; 2) predetermined in areas away from

general public, airports, heliports and vehicular traffic for community videos, and within property

boundaries for individual homeowner real estate listing videos/photos; and 3) controlled as to

access. The exemption would also provide safety enhancements to the already safe operations

within the aerial photography, film and television industry presently using conventional aircraft

and small, unmanned and relatively inexpensive UASs.

Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored

amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I operate my

UAS within all safety protocols and controls to avoid and prevent public hazard, as well as

manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to

lightweight UAS's specific to aerial video and photography usage as I record flight data and

other information gained through permitted flight operations to share with the FAA through any

required FAA reports to assist with future protocol and safety regulation.

Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s)

responsibilities and authority to not only integrate UAS's into the national airspace system, but

to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's

for commercial purposes. Further I will conduct my operations in compliance with the protocols

described herein or as otherwise established by the FAA.

For the reasons stated below I respectfully request the grant of an exemption allowing me to

operate ultra lightweight, remote controlled UAS’s for academic community awareness, general

aerial photography, and to enhance real estate listing videos for homeowners who cannot afford

expensive manned aircraft for the same purpose. Both with public safety in mind by keeping

heavier manned aircraft containing combustible fuel that that poses potential public hazard.

I. Contact Information:

Michael Carr

12360 Meadowbrook Ln

Poway, CA 92064

Mobile: (858)945­3889

Email: mcarr67@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which

Michael Carr Requests Exemption are:

14 CFR 21;
14 C.F.R. 45.23(b);

14 CFR 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;

14 C.F.R. 91.109;

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151 (a);

14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 91.405 (a);

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief Michael Carr seeks and the Reason He Seeks Such Relief:

I, Michael Carr, submit this application in accordance with the Reform Act, 112 P.L. 95 §§

331334, seeking relief from any currently applicable FARs operating to prevent me Michael

Carr, 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 national airspace system as it is in the public’s interest to do

so. My ultra lightweight UAS meets the definition of “small unmanned aircraft” as defined in

Section 331 and therefore the integration of my ultra lightweight UAS is expressly contemplated

by the Reform Act. I would like to operate my ultra lightweight UAS prior to the time period by

which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby,

providing direct experience and valuable information for formal regulation that can be

administered uniformly to all UAS aerial video and photography. The Reform Act guides the

Secretary in determining the types of UASs that may operate safely in our national airspace

system. Considerations include: The weight, size, speed and overall capabilities of the UAS's;

Whether the UAS will be operated near airports or heavily populated areas; and, Whether the

UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor

of an exemption for me Michael Carr. My UAS utilizes four (4) counter rotating propellers for

balance, control and stability. My UAS is equipped with GPS and auto return safety technology.

Weighing less than seven (7) pounds (far below the maximum 55 pound limit); including camera

with gimbal.

I consider safety as foremost with each flight. My small unmanned aircraft is designed to hover

in place via GPS and operate in less than a 10 m/s wind knot (approx 22 mph) wind. For safety,

stability and fear of financial loss I will not fly in winds exceeding 7 m/s (15 mph). Built in safety

systems include a GPS mode that allows my UAS to hover in place when radio controls are lost.

With three modes to choose from, I utilize the Positioning Mode for aerial

videography/photography. This is the safest, most reliable and stable mode to prevent accident

and hazard. When pilot communication is lost UAS is designed slowly descend to point of

takeoff , or near the control transmitter when utilizing Dynamic Mode. I do not operate my UAS

near airports, Hospitals nor Police heliports, and do not operate near areas where general
public is within fifty to one hundred (50100) yards depending on location, conditions and

weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and

prepared to land/abort 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

UAS is capable of vertical and horizontal operations, and are flown only within my line of sight,

as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally

last between eight (8) to twelve (12) minutes, with an altitude under two hundred fifty(250) feet.

I utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for

each battery is eighteen (18) to twenty two (22) minutes as tested. I do not operate my UAS at

or below manufacturer recommend minimum charge levels for operation; preferring to remain

well within a safe operating range to insure adequate communication between radio control and

UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand

with each exercise to insure replacement for sufficient safe level of operation. I do not believe in

taking risk that may cause a crash, that could create hazard to the public/property/manned

aircraft, and have no desire to lose an valuable investment. I have clocked numerous practice

flights in remote areas as a hobbyist simulating flights for future commercial use to gain

familiarization with the characteristics of this specific UAS's performance under different

temperature and weather conditions. I also practice computerized simulated flights to maintain

adequate skills and response reflex time. All for the sake of safety.

I am extremely cautious when operating of my UAS/ultra lightweight 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 my UAS it

falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and

the corresponding directive to integrate UAS's into the national airspace system. My UAS, the

DJI Phantom 3 Pro, 3DR Iris+, and Yuneec Q500+, used in hobby flight, has a demonstrable

safety record and does not pose any threat to the general public

or national security.

IV. How Michael Carr’s Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been around

for a long time through manned fixed wing aircraft and helicopters. For small budget real estate

companies and average homeowners the expense of such aerial videography is cost

prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to

absorb such expense, depriving non luxury homeowners and lower budget Realtors from a

valuable marketing tool.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown

UAS's into the national airspace system, hence the passing

of the Reform Act. Granting my exemption request furthers the public interest through

academic/visual awareness of the geographical benefits in and around the State of Virginia. My

ultra lightweight UAS is battery powered and creates no emissions that can harm the
environment. The consequence of my ultra lightweight 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.

Manned aircraft can pose a threat to the public through potential catastrophic

crash that many local communities have experienced in the past with military aircraft and

medical/police helicopter crashes. These have resulted in a loss of life and endangered the

public with combustible fuel that burned on impact. My UAS poses no such threat since size and

lack of combustible fuel alleviates any potential threat to the public. Additionally, this actually

furthers the public’s interest by making it safer for business to conduct aerial photography and

videography without such risks.

V. Reasons Why Andre Penso’s Exemption Will Not Adversely Affect Safety Or

How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My exemption will not adversely affect safety. Quite the contrary, for the reasons stated

permitting me to log more flight time in FAA controlled airspace, with communication with the

FAA, will allow me to contribute to the innovation and implementation of new and novel, as of

yet undiscovered safety protocols for development in cooperation with the FAA. In addition I

submit the following representations of enhancements to current aerial videography and

photography:

A. My UAS weighs less than 7 pounds complete with a small ultra light weight high

quality camera;

B. I only operate my UAS below 300 feet (well within the 400 foot permissible ceiling set

by the FAA Modernization and Reform Act of 2012);

C. My UAS only operates for 18­22 minutes per flight;

D. I land my UAS prior to 30% Battery Remaining;

E. I pilot my UAS through remote control only by line of sight;

F. I pilot my UAS only with a visual observer and but also use a dual controller setup.

The second controller is solely used for operating the Inspire 1’s camera/gimble.

G. My UAS has Failsafe RTH, a flight safety feature whereby it hovers and then slowly

lands if communication with the remote control pilot is lost for 3 seconds;

H. My UAS has GPS and a Vision Positioning System utilizing two sonar sensors and

one monocular camera for positioning and to identify the current aircraft’s position;

I. My UAS has a flight recorder and I actively analyze flight data and other sources of

information to constantly update and enhance safety protocols;

J. I only operate in reasonably safe environment that are strictly controlled, are away

from power lines, elevated lights, airports and actively populated areas;

K. I conduct extensive preflight inspections and protocol per the Inspire 1 User Manual;

L. I always obtains all necessary permissions prior to operation;

M. I immediately abort flights in the event of potential danger;

N. I only operate my UAS well within “flight environment requirements5” & visual

meteorological conditions (VMC)
O. I will not operate my UAS less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles

from the PIC.

P. Only I, Michael Carr, act as Pilot in Command during flights;

Q. I follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

R. The operating documents/manual will be accessible during UAS operations and made

available upon request.

My safety protocols provide a level of safety equal to or exceeding existing rules. It is important

to note that absent the integration of commercial UAS into our national airspace system,

helicopters are the primary means of aerial video and photography for community awareness,

real estate, and marketing purposes. While the safety record of such helicopters is remarkably

astounding, there have been incidents involving loss of life as well as extensive property

damage; it is far safer to operate a battery powered ultra lightweight UAS.

● First, the potential loss of life is diminished because UAS's carry no

people on board and I only operates my UAS in specific areas away from mass populations.

● Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly

diminished.

● Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away

from and avoid hazards quickly and safely.

● Fourth, given its small size and weight, even when close enough to capture amazing images,

my UAS need not be so close to the objects they are focused on through the technology and

use of post editing software allowing pan and zoom.

Accordingly, my UAS has been experimentally operated for familiarization and

competency and will continue to operate at and above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

A. 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 my

UAS permits exemption from Part 21 because my UAS 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 UAS's from the airworthiness

certificate requirement in consideration of the weight, size, speed,
maneuverability and proximity to areas such as airports and dense populations.

My current and projected UAS'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 on board pilots or

passengers, and given the size of the UAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual

delineating areas of where safety can be defined. 10 The FAA has previously

issued exemptions to this regulation in Exemption 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 in so far as my

UAS 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.

The equivalent level of safety will be achieved by maintaining any such required

certifications and registrations by me, Michael Carr.

B. 14 C.F.R. § 45.23: Marking of The Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked according

to certain specifications. My UAS are, by definition unmanned. They therefore 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. The FAA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167,

10167A and 10700.

C. 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

Noncommercial operations. I, Michael Carr can achieve an equivalent level of

safety as achieved by current Regulations because my UAS does not carry any

pilots or passengers. The risks attended to the operation of my UAS is far less

than the risk levels inherent in the commercial activities outlined in 14 C.F.R. §

61, et seq. Thus, allowing me to operate my UAS meet and exceed current safety

levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 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. My UAS

will never operate at an altitude greater than 300 AGL; safely below the standard

of 400 AGL. I will however operate my UAS 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, weight, maneuverability and speed of

my UAS, an equivalent or higher level of safety will be achieved.

E. 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, aircraft 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 UAS. However, as a safety precaution I

meticulously inspect my UAS before and after each flight and maintained per the manufacturer’s

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

In summary, Michael Carr 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. § 91.121; 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); 14 C.F.R. §

91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my

lightweight unmanned aircraft system for aerial photography/Inspection/ included but not

limited to the following; Business Operations: over land, waterways, and oceans;

operation over/in nonrestricted National Parks, National Forests, flight in nonnavigable

airspace, using nonintrusive recording devices, operation in otherwise unrestricted U.S.

States/Territories for aerial videography/cinematography for commercial operation and to

enhance academic community awareness for those individuals and companies

unfamiliar with the geographical layout of such areas.

Currently, area awareness and real estate aerial videography/photography relies primarily on

the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting

my request for exemption will reduce current risk levels and thereby enhance safety. My UAS

does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than

conventional photographic aircraft with much less flight time. Further, I operate at lower altitudes

and in controlled airspace eliminating potential public risk flying to and from established airfields.

I have been 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 efforts to establish protocols for complying with the FAA Modernization and

Reform Act of 2012. There are no personnel on board my UAS and therefore the likelihood of

death or serious bodily injury is significantly diminished. The operation of my UAS, weighing

less than 7 pounds and travelling at lower speeds within limited areas will provide an equivalent

level of safety as that achieved under current FARs. Accordingly I respectfully request that the

FAA grant my exemption request and am willing to cooperate in sharing information to benefit

the FAA, safety of manned aircraft, and the general public at large.

Respectfully Submitted,

Michael Carr

12360 Meadowbrook Ln

Poway, CA 92064