FROM: Kyle T. Foley
156 Fellows Avenue Syracuse, NY 13210 (973) 294

- 2929 kyle.t.foley@gmail.com

TO: Federal Aviation Administration US Department of Transportation Docket Management System 1200 New Jersey Ave. S.E Washington, DC . 20590

Re: Exemption Request Section 333 of the FAA Reform Act Pursuant to sectio n 333 of the FAA Modernization and Reform act of 2012 (The Reform Act), and 14 C.F.R. Part 11, Kyle T. Foley herby seeks and applies for an exemption to the Federal Aviation Regulations (FARs) to allow
himself to operate Small Unmanned Aircraft Systems (UA S) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petition. The requested exemption would permit Kyle T. Foley to operate small, unmanned aircraft system (UAS) for the purpose of providing an aerial photography and survey service to Municipalities, Utilities & Private consumers. The areas of use will include both photo and video in the Utilities, Communications industry, real estate industry, surveying industry, construc tion industry, agricultural industry. The UAS will be operated in airspace that is 1) limited 2) predetermined 3) would provide added safety enhancements to the already safe operations in the industry presently using conventional aircraft system.

Exemptio n request to section 333 of the FAA Reform Act Plan 11 Specific to UAS operations.

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.103;14 CFR 91.105; 14 CFR 91.109: 14 CFR 91.119(c);14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a ); 14 CFR 91.407(a)(1); 14 CFR 91.401(a)(1) & (2); 14 CFR 91.417(a) 7 (b).Dear Sir or Madam:

Commercial operation of an UAS, as described herein, which are 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 of for public and/or private use including television, publ ic events, cinematography and newsgathering

.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

• Aerial inspection/photography of residential/commercial utility infrastructure i ncluded but not limited to electrical power lines, wind turbines and cell towers.

• Aerial video/photography or providing live video feed to assist with rescue operations in cases of an emergency or natural disaster only when the local authorities or govern ment has requested it by contract and/or donation.

• The ability to offer training to persons or individuals belonging to both private and/or public organizations that have interests in the use and application of UAS for the purpose of the safe operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for protection of the persons and property.

As described full y below, and to be used as FOM, the requested exemptions would permit the operation of a UAS under controlled conditio ns in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safety enhancements such as limited exposure to flight crew, climbing crews, weight of vehicles, speeds of usage, non use of volatile fuels, ect. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportations (the FAA administrators) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.

AIRCRAFT AND EQUIV ALENT LEVEL OF SAFETY The primary vehicle s to be used will be a Carbon Core Cortex octocopter and a Carbon
Core hex a copter
, which are both awaiting registration. Both UAS weigh less than 50 lbs. Both the
Carbon Core Coretex octocopter and hex a copter utilize a 2.4 G Hz radio signal to control the
UAS. While vehicles may be upgraded as advances in technology and safety occur, the manufacturer will set the bar for operation and safety . No vehicle operated by Kyle T. Foley will
be modified from the manufacturer design unless specifically directed by the same manufacturer.

L imitations 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 operat ions

manu al include:• The UAS will weigh less than 55 lbs

• The UAS will have a maximum ope rating speed of no more than 50 mph

• Flights will be operated within line of sight of the pilot in command and/or visual
observer

• Maximum flight time for each operation al flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs
first

• Flights will be operat ed at altitude of no more than 2 00 feet AGL and no more than 200 feet above an equivalent platf orm from which filming is planned.

• UAS will NOT operate:

! 5 nautical miles (NM) from an airport having an operational control tower; or

• 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

• 2 NM from an airp ort without a published instrument flight procedure or an operational tower; or

• 2 NM from a heliport with a published instrument flight procedure

• Minimum crew for each operation will consist of the UAS pilot (PIC), the visual observer (VO) and may includ e but not limited to a camera operator

• The UAS pilot will be designa ted pilot in command and hold a current state drivers
l icense. If the PIC feels another operator to be qualified with the necessary skills to be pilot in command and possesses a valid sta te drivers license, that person may be designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

• A briefing will be performed regarding the planned UAS operations prior to eac h day’s flight consisting of the days production acti vities

• All flights will occur under visual flight rules meteorological conditions (VFR only).

• The operator will obtain verbal/written consent of all persons involved with the planned operations and ensure only consenting persons will be allowed within 10 0 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 advance permission of the FFDO, operations at closer range may be approved.

• The PIC and V O will have been trained in operation of UAS and receive up

- to

- date information for the particular UAS to be operated.

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

• 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.

• If the UAS loses communications with the remote controller or losses GPS signal, the UAS will have the capabili ty to return to a pre

- determined location within a designated location and land autonomously.

• The UAS will have the capability to abort a flight and return to designated landing area in case of unpredicted obstacles, weather, or emergencies.• VO or PIC in structed to switch UAS to automatically return home in event either are incapacitated.

As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or heliports.

In seeking authorization, petitioners will require exemptions from regulations with which they cannot fully comply. The table below provides guidance regarding regulations from which a petitioner may require exemption. However, some proposed operations may require exemption
from re gulations not listed here, while others may not require exemption from all regulations
listed here.

14 CF R Part 21

, Subpart H 14 CFR 45.23(b) 14 CFR 61.113(a)
14 CFR 91.103(b)(2)
14 CFR 91.105
14 CFR 91.109
14 CFR 91.119
14 CFR 91.121
14 CFR 91.151
14 CFR 91.405
14 CFR 91.407
14 CFR 91.409
14 CFR 91.417

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

The UAS will operate at 55lbs or less (Gross), ca rry neither a pilot or passenger, carry no explosive materials or flammable liquid fuels, and operate within a secured and pre

- determined designated area, at altitudes not to exceed 200 feet AGL or speeds in access of 50 MPH.

14 C.F.R. Sec 45.23(b). Mark ing of the Aircraft

Regulations require that 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 a pplicable.Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 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 UAS, two

- inch le ttering will be impossible. 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 UAS marked on its fuselage as required by §45.29 (f) where the pilot, observ er a nd others working with the UAS will
see the identification of the UAS as “Experimental.”

14 C.F.R. Sec 61.113(a) and (b): Private Pilot Privileges and Limitations:

Pilot in Command, by current regulations because the applicants UAS does not carry passen gers, or property. The use of UAS is far less dangerous (weight, speed, f uel) than the inherent usage of commercial activities outlined in 14 CFR.16. The pilot in command shall have a current state drivers license, which is used in lieu of a medical certif icate.

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

Exemption is requested due to fact that FAA rotor flight manuals are not available for UAV. The PIC will take all actions as stated in FOM, under normal procedures included but not limited to
review of wea ther, examination of batteries for flight time analysis, landing and takeoff distances as well as flight and aircraft performance in flight.

14 C.F.R. Sec 91.105 Flight crew members at station

Exemption may be required, the PIC may not leave his station nor shall VO leave station. In event that PIC or VO become incapacitated, UAS is to automatically return to designated landing area, as outlined in FOM

14 C

. F

. R

. Sec 91.109 Flight Instruction (Dual Controls)

Requiring that no person shall operate a ci vil aircraft for flight instruction unless the aircraft has fully functioning dual controls. UAS and Remote controlled aircraft by design do not have dual controls, to do so on a radio controlled aircraft would lower the ability to safely operate the UAS. This section cannot reasonably apply

14 C.F.R. Sec 91.119 Minimum Safe Altitudes

Mandates safe altitude for operation of civil aircraft and allow helicopter to operates less then minimums prescribed, providing the person operating helicopter complies w ith any route with and or altitudes prescribed for Helicopter’s by FAA. Being that UAV is of Helicopters standards and operation a request for exemption to operate at altitude’s not to exceed 200 AGL or not more than 200 ft above any elevated platform from which take off is necessary to achieved filming. In the event of such particular flight plan, property owners, filming crews and other personnel wouldall be briefed as to safety and conduct procedures during flight. FOB or ATC having jurisdiction
in such area would have notification and briefing as mandated.

14 C.F.R. Sec 91.121 Altimeter Settings

The requirement of PIC is to use altimeter as means to navigate aircraft to cruise altitudes to and from corresponding airports as predetermined in flight p lan, unless ordered otherwise. As the UAS has no barometric altimeter, but instead uses GPS altitude read out, an exemption would need be applied. Per a preflight checklist and live flight data monitoring, the altitude of launch site will be predetermined and therefore calculated into the UAS GPS indicator before flight.

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

The maximum flight time under ideal conditions is 30 minutes with the current manufacturers battery pack. The propo sed rule under this exemption would require the UAS to return to its point of launch if its battery reaches less than 25% provides a higher standard of safety when applied to
UAS.

14 C.F.R. Sec 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance I nspections

Referring to maintenance, preventive maintenance, and alterations to the UAS. The operator will provide minor maintenance and inspection to the UAS, documented as outlined in the operational and safety guidelines. Given the size and simplicity of the UAS combined with the operational and safety guidelines outlined in this petition the operator can maintain or exceed the required level of safety.

Sincerely,

Kyle Foley