Keith Gibson

2721 Windemere Lane Powell, TN 37849

December 30, 2015

U. S. Department of Transportation Docket Management System 1200 NewJerseyAve. SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 of the FederalAviation 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:
Pursuantto Section 333 ofthe 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 ofa small UAS, so long assuch 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, whichare 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 ofan emergency or natural disaster only when the local authorities or government has requested it by contract or donation.
As describedfully 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 ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation'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. comRegulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR45. 23 (b) 14 CFR61. 113(a) 14 CFR91. 7 (a) 14 CFR91. 9 (b) (2) 14 CFR 91. 103 14 CFR 91. 109 14CFR91. 1l9(c) 14 CFR 91. 121 14 CFR91. 151 (a) 14 CFR91. 203 (a) & (b) 14 CFR91. 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 conditionsthey operate at speeds of no more than 65 Mph or 57 Knots and havethe ability hover and move along a vertical and horizontal plane simultaneously. Theywill operate in line of sight only and bythe exempted person only obeying all other local and federal laws.
Given the small size ofthe small UASand the controlled environment provided the proposed operations will adhereto the Reform Act's safety requirements. The approval ofthis 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 OFSAFETY
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 UASwill 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 requiredunderthe FOM.Withthe advanced permission or direction ofthe FlightStandards 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 PICand VOwill be ableto communicate byvoice and/or radio at all times. 

### 11. Written and/orverbal permission and permits will beobtainedfrom territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 12. Ifthe 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 UASwill have the capability to abort a flight in case of unpredirted obstacles, weather, or emergencies.
14C. 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 

### withthe aircraftto be utilized bytheApplicant, an exemption from Part21Subpart H meetsthe requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U. S. C. §44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the 

### requirement for anairworthiness certificate, upon consideration ofthesize,weight,speed, operational capability, and proximityto airports and popu lated areasofthe particularsmall UAS. Inall cases, an analysis of these criteria demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and 

### underthe conditions proposedwill beat leastassafe, orsafer,than a conventional aircraft (fixedwingor rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. 

### Thesmall UAS

to beoperated hereunder is lessthan 55 Ibs.fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated 

### area. Unlike othercivil aircraft, operations underthis exemption will betightly controlled and monitored byboth the operator and underthe requirements and in compliancewith local publicsafety requirements. Thesesafety enhancements provide a greater degreeofsafetyto the publicand property ownersthan 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 ofoperation, location ofoperation, lackofexplosive materials orflammable liquidfuels, and inabilityto 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 lessthan 2 inches nor morethan 6 inches high,thewords "limited, " "restricted, " "light-sport, " "experimental," or "provisional, " as applicable.
Even though the small UASwill have no airworthiness certificate, an exemption may be needed asthe small UAS 

### will have no entranceto the cabin, cockpit or pilot station on whichtheword "Experimental" can be placed. Given thesizeofthe small UAS, two-inch lettering will be impossible. Ifpossible,theword "Experimental"will beplaced onthefuselage incompliance with §45. 29 (f). Theequivalent level ofsafetywill be provided by having thesmall 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 

### aircraftthat iscarrying passengers or property for compensation or hire. Oursmall UASdo not carryany 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.


### Thesafeoperation and control ofthe UASasdescribed inthisapplication does not depend onthetype 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 ofthe factors and skills needed for the safe 

### operation of

thosetypes ofaircraft (fixedwingor rotorcraft). Itcannot beassumedthatanytype ofpilot, 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 issuedforthe aircraft, shouldthis exemption begranted, no FAAregulatory standardwill existfor determining airworthiness. Giventhe sizeofthe aircraftfor maintenance and useofsafety checklists prior to each flight an equivalent level ofsafetywill be provided.

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

### Section91. 9 (b) (2) provides: No person mayoperatea U. S. -registered civil aircraft... (2) ForwhichanAirplane or Rotorcraft Flight Manual is not required by §21. 5 ofthis 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 ofsafety will be maintained by keeping the flight manual at the ground control point where the PICflying the small UAS will have Immediate access to it.
14C. F. R. 5 91. 103: PreflightAction.
This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAAapproved 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 offlight.

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 SafeAltitudes.



### Section 91. 119 establishes safe altitudes for operation ofcivil aircraft. Section 91. 119 (d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA.Asthis exemption isfor a small UASthat isa 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. Asset forth herein, the small UASwill never operate at higherthan 400AGLwith the exception that in circumstances wherethe small UASis usedto surveyor photograph a structure whoseheightexceeds400feetAGL,the small UASwill not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted areawithsecurity perimeter, wherebuildingsand peoplewill not beexposedto operations without their pre-obtained consent. The equivalent level ofsafety will beachieved given the size, weight, speed ofthe small UASaswell asthe location where it is operated. Noflight will betaken without the permission ofthe property owneror local officials. Becauseofthe advance noticeto the property ownerand participants inthe 

### filming activity,allaffectedindividuals will beaware

of theplanned

flight operations.Compared

toflight 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 isfar less than those presently presented with conventional aircraft operating at or below 500 AGL In addition, the low-altitude operations ofthe small UAS will ensure separation between these small UASoperations and the operations of conventional aircraftthat 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 isset ... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure. Asthesmall UAS may not havea barometric altimeter, but instead a GPSaltitude read out, an exemption may be needed. An equivalent level ofsafety will beachieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPSaltitude indicator before flight.
14 C. F. R. § 91. 151(a): Fuel Requirements for Flight in VFRConditions
Section 91. 151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless 

### (considering wind andforecast weather conditions) there is enough fuel to fly to the first point of intended 

### landing,and,assuming

normalcruising

speed - (1) During

theday, toflyafter thatforat least

30minutes;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 14CFR §91. 151, small UASflights 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 ortwilight VFR conditionsis reasonable. Applicantbelieves thatanexemption

from 14 CFR §91. 151(a) fallswithinthescopeofprior exemptions. Operatingthesmall UAS, ina tightly controlled areawhereonly 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 risksthat Section 91. 151(a) was intended to alleviate given the size 

### and speedof thesmallUAS.

Additionally,limiting

small UAS flights to 10minutes

wouldgreatlyreduce

the utility forwhichtheexemption will begranted.Applicant believesthatanequivalent level ofsafetycan beachieved by limitingflightsto 30 minutes or 25%of battery power, whichever happensfirst. This restriction would be more 

### thanadequate

to returnthesmall UAS

to itsplannedlanding

zone fromanywherein its limitedoperating area.14C. F. R. S91. 203 (a) and (b); Carrying CivilAircraft 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 haswithin 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) ofthis 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 UASfully loaded weighs no more than 55 Ibs. and is operated without an onboard pilot. As such, there is no ability or placeto carry certification and registration documents orto displaythem 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 UASwill have immediate access to them; to the extent they are applicable to the small UAS.
14C. 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 whileoperating only in restricted areasfor limited periods oftime. If mechanical issues arisethe small HAS can land immediately and will be operating from no higher than 400 feet AGL.The operator will ensure 

### thatthesmall UASis in workingorder priorto initiatingflight, perform required maintenance, and keepa logof 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 ofsafety 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. Listingof 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. WalkeraTail H500 4. Walkera Voyager 3appreciate your time and consideration of these exemptions, in advance.

Sincerely Keith L Gibson