Keith Gibson

2721 Windemere Lane

Powell, TN 37849

December 30, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45. 23(b); 14 CFR 61. 113(a); 14 CFR 91. 7(a); 14 CFR 9l. 9(b)(2); 14

CFR 91. 103;14 CFR 91. 109; 14 CFR 91. 119(c); 14 CFR 91. 121; 14 CFR 91. 151(a); 14 CFR 91. 203 (a) and (b); 14 CFR

91.405 (a); 14 CFR 91. 407 (a) (1) 14 CFR 91. 409 (a)(l) and (2); 14 CFR 1.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Keith Gibson,

OPERATOR of small Unmanned Aerial Systems (HAS), hereby applies for an exemption from the listed Federal

Aviation (FAA) Regulations to allow commercial operation of a small UAS, so long as such operations are conducted

within and under the conditions outlined herein or as my be established by the FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would

operate in the following manner;

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land

surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, and

cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners

or local government authority.

4. 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

requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of small UAS under controlled

conditions in the National Air Space (NAS) that would be a) limited b) controlled c) predetermined and d) will

provide safety enhancements to the already safe operations in the industry presently using conventional aircraft.

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 in the

national airspace system."

The name. address, phone and email of the applicant:

Name: Keith Gibson

Address: 2721 Windemere Lane, Powell, TN 37849

Phone: (865) 244-8075 or (865) 323-2028

Email: KeithLGibson74ff)email. com
Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91. 109

14CFR91. 1l9(c)

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) (2)

14 CFR 91. 417 (a) & (b)

The small UAS's I will be using are multi-rotor craft weighing no more than 551bs. including payload. Under normal

conditions they operate at speeds of no more than 65 Mph or 57 Knots and have the ability hover and move along

a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted person

only obeying all other local and federal laws.

Given the small size of the small UAS and the controlled environment provided the proposed operations will

adhere to the Reform Act's safety requirements. The approval of this application presents no national security

issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in

environmental imparts, including but not limited to reduced emissions and noise, the grant of the requested

exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption

with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further

enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 Ibs.

2. Flights will be operated within line of sight of the pilot on control (PIC) and/or visual observer (VO).

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25%

battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not

more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual

Observer (VO) and may include but not limited to a Camera Operator (CO).

6. The small UAS pilot will be Keith L Gibson ONLY not allowing any other person to operate the small

UAS in a commercial capacity.

7. A briefing will be performed regarding the planned small UAS operations prior to each day's flight

consisting of all the days' production activities.

8. The PIC will obtain verbal/written consent of all persons involved with the planned operation and

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the

radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required
under the FOM. With the advanced permission or direction of the Flight Standards District Offices

(FSDO), operations at closer range may be approved.

9. The PIC and VO will have been trained in the operation of small UAS and receive up-to-date

information for the particular small UAS to be operated. The PIC and VO will be able to show, upon

request, their competent ability to operate the small UAS and/or Camera.

10. The PIC and VO will be able to communicate by voice and/or radio at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, county or city

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when

needed.

12. If the small UAS loses communications or loses (Global Positioning System) GPS signal, the small HAS

will have the capability to return to a pre-determined location within a designated location and land

autonomously.

13. The small UAS will have the capability to abort a flight in case of unpredirted obstacles, weather, or

emergencies.

14 C. F.R. Part 21, Subpart H: Airworthiness Certificates 14 C. F.R. §91.203 (a) (1)

Subpart H, entitled Airworthlness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91. 203 (a) (1). Given the size and limited operating area associated

with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of

an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49

U.S.C. §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

and proximity to airports and popu lated areas of the particular small UAS. In all cases, an analysis of these criteria

demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The small UAS to be operated hereunder is less than 55 Ibs. fully loaded, carries neither a pilot nor passenger,

carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both

the operator and under the requirements and in compliance with local public safety requirements. These safety

enhancements provide a greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C. F. R. Part 21, Subpart H. Lastly, application of these

same criteria demonstrates that there is no credible threat to national security posed by the small 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 external load.

14 C. F. R. 5 45. 23 (b): Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, 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 than 6 inches high, the words "limited, " "restricted, " "light-sport, " "experimental,"

or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given

the size of the small UAS, two-inch lettering will be impossible. If possible, the word "Experimental" will be placed

on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the small

UAS marked on its fuselage as required by 545. 29 (f) where the pilot, observer and others working with the small

UAS will see the identification of the small UAS as "Experimental."
14 C. F. R. S 61. 113(a): Private Pilot Privileges and Limitations: Pilot in Command (PIC).

Pursuant to 14 CFR 61. 113 (a), no person who holds a private pilot certificate may act as a pilot in command of an

aircraft that is carrying passengers or property for compensation or hire. Our small UAS do not carry any pilots or

passengers nor property therefore I am seeking an exemption to 14 CFR 61. 113(a). Although helpful, a pilot's

license will not ensure remote control piloting skills. The risks attendant to the operation of small UAS is far less

than the risk levels inherent in the commercial activities outlined in 14 CFR 61.

The safe operation and control of the UAS as described in this application does not depend on the type of FAA

license held by the PIC. This knowledge can be and is gained primarily through practice and experience and not

through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or

private pilot's certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe

operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that any type of pilot,

approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned

aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre-approved airspace. From a practical

standpoint, there are relatively few licensed full-scale aircraft pilots who are also qualified to fly the type of UAS

that are utilized for infrastructure image- capture operations. Therefore, Keith Gibson, respectfully requests an

exemption to 14 C. F. R. § 61. 113(a): Private Pilot Privileges and Limitations: Pilot in Command (PIC) and be granted

the ability to operate the UAS for the commercial application previously stated within this petition.

14 C. F.R. §91. 7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will

be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory

standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety

checklists prior to each flight an equivalent level of safety will be provided.

14 C. F. R. S 91. 9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft... (2) 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. The small UAS, given its size and configuration has no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at

the ground control point where the PIC flying the small UAS will have Immediate access to it.

14 C. F.R. 5 91.103: Preflight Action.

This regulation requires each pilot in command 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

OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoff

distances and aircraft performance data before initiation of flight.

14 C. F. R. 591. 109: Flight Instruction.

Section 91. 103 provides that no person may operate a civil aircraft (except manned free balloon) that is being

used for flight instruction unless that aircraft has fully functioning dual controls. Small UAS and remotely piloted

aircraft, by their design do not have fully functional dual flight 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 flight controls for a number of aircraft and for flight

instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft.
14 C.F.R. S91.119: Minimum Safe Altitudes.

Section 91. 119 establishes safe altitudes for operation of civil aircraft. Section 91. 119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any

route or altitudes prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter

and the exemption requests authority to operate at altitudes up to 400 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 small UAS will never operate at higher than 400 AGL with the exception that in circumstances

where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small

UAS will not be operated more than 100' above the highest point on the structure. It will however be operated

in 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

small 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 planned flight operations. Compared to flight

operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of

flammable fuel, any risk associated with these operations is far less than those presently presented with

conventional aircraft operating at or below 500 AGL In addition, the low-altitude operations of the small UAS will

ensure separation between these small UAS operations and the operations of conventional aircraft that must

comply with Section 91. 119.

14 C. F.R. S91. 121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter

that is set ... to the elevation of the departure airport or an appropriate altimeter setting available before

departure. As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety

check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 C. F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

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 small UAS provides approximately 30

minutes or less of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91. 151, small UAS flights

would be limited to approximately 10 minutes in length. Given the limitations on the small UAS'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 conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a)

falls within the scope of prior exemptions. Operating the small 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 alleviate given the size

and speed of the small UAS. Additionally, limiting small 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 30 minutes or 25% of battery power, whichever happens first. This restriction would be more

than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.
14 C. F.R. S91.203 (a) and (b); Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(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....

(b) 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 §91.715 is displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew.

The small UAS fully loaded weighs no more than 55 Ibs. and is operated without an onboard pilot. As such, there is

no ability or place to carry certification and registration documents or to display them on the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the

pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner "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..., " and others shall inspect or maintain the

aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an

ainworthiness certificate, these sections will not apply to the applicant.

Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook.

An equivalent level of safety will be achieved because these small UASs are very limited in size and may carry a

small payload while operating only in restricted areas for limited periods of time. If mechanical issues arise the

small HAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure

that the small UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of

any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited

to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in

accordance with the small HAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As

provided in the FOM, the operator will ensure that the small UAS Is in working order prior to initiating flight and

perform required maintenance needed.

Listing of small UAS's requested to be included within the requested exemption.

The following small UAS's are requested to be within the scope of this exemption granted by the FAA. Each small

UAS provides the OPERATOR the ability to meet specific and unique requirements based upon the scope of the

commercial project or special event.

1. DJI Phantom 3 Pro (P3VP)

2. 3DR SOLO

3. Walkera Tail H500

4. Walkera Voyager 3
appreciate your time and consideration of these exemptions, in advance.

Sincerely

Keith L Gibson