# UAV Aerial Surveys

**US Department of Transportation Exemption Request P ursuant to Section** 

**333 of the FAA**

**Reform Act and Part 11 of the Federal Aviation**

**September 29 th**  **2015**

**Glenn G Smith Jr**

**134 Boarland Road**

**Ardmore Oklahoma 73401 DBA: UAV Aerial Surveys** 

**U.S. Department of Transportation Docket Management System**  **1200 New Jersey Ave., SE Washington DC 20590** 

**Re: Exemption Request Pursuant to Section 333 of th e 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) and (b); 14 CFR 91.7(a);**  **14 CFR 91.9(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)(1) and (2); 14 CFR 91.417(a) and (b)** 

**Dear Sir or Madam:**

**Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the "Reform**  **Act") and 14 CFR Part 11, Glenn G Smith Jr, operato r of Unmanned Aircraft Systems**  **(UAS), hereby applies for an exemption from the lis ted Federal Aviation Regulations**  **("FARs") to allow commercial operation of designate d UAS, provided such operations** 

**are conducted within and under the conditions outli ned herein or as may be established**  **by the FAA as required by Section 333.**

**Thank you in advance for your consideration**

### Commercial operation of an UAS, as described herein **, which are equipped**

**with camera(s) and sensors, would provide professio nal services in the**  **following areas:**

**1. Aerial photography and/or video for public and/o r private use including real estate,**  **architecture, land surveying, engineering and other related professional activities.** 

**2. Aerial video and/or photography for public and/o r private use including television,**  **public events, cinematography and newsgathering.**

**3. Aerial inspection/photography of residential/com mercial structures under contract**  **with the owners or local government authority.**

**4. Aerial inspection/photography of residential/com mercial utility infrastructure including**  **but not limited to electrical power lines, wind tur bines and cell towers.** 

**5. Aerial video/photography or providing live video feed to assist with search and rescue**  **operations in cases of an emergency or natural disa ster only when the local authorities**  **or government has requested it by contract or donat ion.** 

**6. Training to persons individually or belonging to both private and/or public**  **organizations to increase awareness and improve saf ety for current and future UAS**  **operations within the NAS.**

**As described fully below, the requested exemption w ould permit the operation of**  **designated UAS as set forth in this document under controlled conditions in the NAS**  **that would be (a) limited (b) controlled (c) predet ermined and (d) safe. Approval of this**  **exemption would increase public awareness of UAS op erations and enhance safety to**  **aid in fulfilling 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 and address of the applicant is:**

**Glenn G Smith Jr**

**Ph: 405-850-8984 Email: ggsmithjr@gmail.com** 

**Address: 134 Boarland Road Ardmore, Oklahoma 73401**  **DBA: UAV Aerial Surveys Regulations from which the exemption is requested:** 

**14 CFR Part 21 subpart H 14 CFR 45.23 (b)**  **14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a)**  **14 CFR 91.9 (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) & (b) 14 CFR 91.405 (a)**  **14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2)**  **14 CFR 91.417 (a) & (b)**

**Glenn G Smith Jr will operate one or more of the fo llowing model UAS:** 

3D Robotics Iris

3D Robotics X8

Walkera QR X350

## 3 D Robotics Iris

• **16-22 minutes flight time***

• **Payload capacity 400 g (.8 lbs)**

• **Integrated LEDs on all arms for trouble-free direc tional awareness** 

• **Remote controller with on-screen telemetry for ins tant data as you fly** 

• **Follow Me - 3DR’s 3rd Person View (3PV) Follow Me technology** 

• **IRIS +**  **can be easily setup to follow any GPS-enabled Andr oid device with OTG compatibility.** 

• **Automatic Mission Planning - Using the free DroidP lanner app, IRIS**  **+ users can plan flights**  **by simply drawing a flight plan on any Android tabl et or phone. This allows for hands free**  **flight control, your drone will go where you tell i t to go, with virtually unlimited waypoints -**  **even keep IRIS +**  **pointing to the same location via a Region of Inte rest (ROI) waypoint**  **throughout the entire flight.**

• **Flight Protection - The IRIS +**  **can land itself automatically, or return to a home point if it travels**  **out of range or runs out of battery.**

Telemetry radio frequency **: Telemetry radios allow your ground station comput er to communicate**  **with your aircraft wirelessly, providing unparallel ed ease of use for viewing real-time flight data,**  **changing missions on the fly, tuning, and using an Android tablet as a ground station. Select 915** 

**Mhz for the U.S.**

## 3D Robotics X8

• **Battery: 4S 14.8V 10,000 mAh 10C**

• **Battery Dimensions: 6.6 in x 2.6 in x 1.4 in (16.7 cm x 6.5 cm x 3.5 cm)** 

• **Battery Weight: 803 g**

• **Autopilot hardware: Pixhawk v2.4.5**

• **Autopilot firmware: ArduCopter 3.2**

• **GPS: 3DR u-blox GPS with Compass (LEA-6H module, 5 Hz update)** 

• **Ground Station Radio: 3DR Radio v2 (915 MHz or 433 MHz)** 

• **Motors: SunnySky V2216-12 KV800 II (The images abov e show conical nuts;**  **X8+ ships with hex nuts.)**

• **Controller: FlySky FS-TH9X with FrSky telemetry mod ule** 

• **Frame Type: X**

• **Propellers: APC Propeller 11x4.7 SF (4), APC Propel ler 11x4.7 SFP (4)** 

• **Vehicle Dimensions: 13.7 in x 20.1 in x 11.8 in (35 cm x 51 cm x 20 cm)** 

• **Payload Capacity: 800 g (1.7 lbs). Additional paylo ad possible up to over 1kg**  **with reduced flight time.**

• **Vehicle Weight with Battery: 2.56 kg (5.6 lbs)**

• **Maximum Estimated Flight Time: 15 min**

## Walkera QR X350Gimbal

**Controllable Range-Pitch -90° tp +30° Stabilization-3-axis (pitch, roll, yaw)** 

Vision Positioning **Max Velocity-Less than 8 m/s (when 2 m above ground )**  **Altitude Range-30 cm-300 em Operating Range-30 cm-300 em**  **Operating Environment-Surface with clear pattern an d adequate lighting (Lux> 15)** 

Remote Controller **Operating Frequency-2.400 GHz-2.483 GHz Max Distance-2000m (outdoors and unobstructed)**  **Video Output Port-USB Operating Temperature-0°C- 40°C**  **Battery-6000 mAh LiPo 2S Mobile Device Holder-For tablet or phone**  **Receiver Sensitivity (1%PI:R)--101 dBm ±2 dBm Transmitter Power (EIRP)** 

**FCC: 20 dBm**

**CE: 16 dBm Working Voltage-1.2 A @7.4 V** 

Battery Charger **Voltage-17.4 V**

Intelligent Flight Battery **Capacity-4480 mAh Voltage-15.2 V**  **Battery Type-LiPo 45 Energy-68 Wh**  **Net Weight-365 g Max Flight Time-Approximately 23 minutes**  **Operating Temperature--10°( to 40°( Max Charging Power-100 W** 

**Given the small size of the UAS in scope and the co ntrolled environment provided, the**  **proposed operations will adhere to the Reform Act's safety requirements. The approval**  **of this application presents no national security i ssues. Regarding the level of safety**  **surrounding the proposed operations and the public benefit, reduction in environmental**  **impacts, including but not limited to reduced emiss ions and noise, the grant of the**  **requested exemption is in the public interest. Acco rdingly, the applicant graciously**  **requests that the FAA grant the requested exemption**

**.**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

**The operation limitations proposed for an equivalen t or higher level of safety because**  **operations will further enhance the safety of the p ersons and/or property using** 

**conventional aircraft. These limitations and condit ions to which the applicant agrees to**  **adhere to when conducting commercial operations und er the FAA issued exemption as**  **set forth in the Flight Operations Manual (FOM) inc lude:** 

**1. The UAS will weigh significantly less than 55 lb s. It weighs less than 4 pounds with**  **battery and camera.**

**2. The UAS, depending on the model in operation, wi ll have a maximum operating**  **speed of no more than 50mph.**

**3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or**  **Visual Observer (VO).**

**4. Maximum flight time for each operational flight will be depending on the UAS model in**  **operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery**  **power reserve or 30 minutes of flight time whicheve r occurs first.** 

**5. Flights will be operated at an altitude of no mo re than 400 feet Above Ground Level**  **(AGL) and not more than 200 feet above an elevated platform from which filming is**  **planned.**

**6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual**  **Observer (VO), and may include a third, but separat e, Camera Operator (CO).** 

**7. The UAS pilot will be a designated Pilot in Comm and (PIC). The PIC will have logged**  **a minimum of 20 hours on the designated UAS.**

**8. A safety briefing will be performed prior to eac h day's flights consisting of all the days'**  **production activities.**

**9. All flight activities will be logged.**

**10. All flights will occur under Visual Flight Rule s Meteorological Conditions (VMC) only.** 

**11. The flights will occur in Class G airspace no c loser than a Smile radius of the**  **geographic center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled**  **airport.**

**12. Flights will not be closer than a 5 mile radius of the geographic center/ Airport.** **13. The operator will file FAA Form 77111, or its e quivalent, as modified in light of the** 

**requested exemption, with the appropriate local Fli ght Standards District Office (FSDO)** 

**no more than 72 hours but no less than 48 hours fro m planned operation.** 

**14. The operator will obtain verbal/written consent of all persons involved with the**  **planned operation and ensure that only consenting p ersons 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 U.S. D epartment of Transportation required**  **under the FOM. With the advanced permission of the FSDO, operations at closer**  **range may be approved.**

**15. The PIC and VO will have been trained in operat ion of UAS and receive up-to-date**  **information for the particular UAS to be operated.**

**16. The PIC and VO will be able to communicate by v oice and/or radio at all times.** 

**17. Written and/or verbal permission and permits wi ll be obtained from territorial, state,**  **county or city jurisdictions, including law enforce ment, fire or other appropriate**  **governmental agencies as appropriate to flight oper ations.** 

**18. If the UAS loses communications with the remote controller or loses GPS signal, the**  **UAS will have the capability to return to a predete rmined location within a designated**  **location and land autonomously. 19. The UAS will have the capability to abort a fli**  **ght in case of emergencies with an**

**automated "Return Home and Land" function.**

**20. The UAS will have the capability to abort a fli ght in case of unpredicted obstacles,** 



### 14 C.F.R. Part 21, Subpart H: Airworthiness Certifi **cates**

**14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airwo rthiness Certificates, establishes the**  **procedural requirements for the issuance of airwort hiness certificates as required by**  **FAR §91.203 (a) (1). Given the size and limited ope rating area associated with the**  **aircraft to be utilized by the Applicant, an exempt ion 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.§447 01 (f)) and Section 333 of the**  **Reform Act both authorize the FAA to exempt aircraf t from the requirement for an**  **airworthiness certificate, upon consideration of th e size, weight, speed, operational**  **capability, and proximity to airports and populated areas of the particular UAS. In all**  **cases, an analysis of these criteria demonstrates t hat the UAS operated without an** 

**airworthiness certificate in the restricted environ ment 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 certifi cate without the restrictions and**  **conditions proposed. The UAS to be operated hereund er is less than 55 lbs. fully** **loaded, carries neither a pilot nor passenger, carr ies no explosive materials or** 

**flammable liquid fuels, and operates exclusively wi thin 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 requir ements and in compliance with local**  **public safety requirements. These safety enhancemen ts provide a greater degree of**  **safety to the public and property owners than conve ntional operations conducted with** 

**airworthiness certificates issued under 14 C.F.R. P art**  21, **Subpart H. Lastly, application**

**of these same criteria demonstrates that there is n o credible threat to national security**  **posed by the UAS, due to its size, speed of operati on, location of operation, lack of**  **explosive materials or flammable liquid fuels, and inability to carry a substantial external** 

**load.**

14 C.F.R. § 45.23 (b). Marking of the Aircraft

**The regulation requires: When marks include only th e Roman capital letter "N" and the**  **registration number is displayed on limited, restri cted 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 "limi ted/' "restricted/' "light sport/'**  **"experimental/' or "provisional/' as applicable. Ev en though the UAS will have no**  **airworthiness certificate, an exemption may be need ed 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 lettering will be impossible. The word "Experimenta**  **l" will be placed on the fuselage in compliance with §45.29 (f). US Department of Transp**  **ortation February** 20, **2015 The equivalent level of safety will be provided by havi**  **ng the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer an**  **d others working with the UAS will see the identification of the UAS as "Experimental.**  **"**

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privi leges and Limitations:

**Pilot in Command. Pursuant to 14 CFR 61.113 (a) & ( b), 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. The proposed UAS operations may achieve an**  **equivalent level of safety as achieved by current r egulations because the applicant's**  **UAS do not carry any pilots or passengers nor prope rty. The risks attendant to the**  **operation of UAS is far less than the risk levels i nherent in the commercial** 

**activities outlined in 14 CFR 61. The PIC of the UA S will be, or be under the direct**  **supervision** of, **a FAA Certificated Private Pilot with current Third Class or higher**  **medical certificate. It is believed that the operat ion and limitations set forth in the FOM**  **will equate to the safe operation of the UAS.**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 airworthin ess 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 m aintenance and use of safety checklists**  **prior to each flight, an equivalent level of safety will be provided.** 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Man ual in the Aircraft

**.**

**Section 91.9 (b) {2) provides: No person may operat e a U.S.registered civil aircraft ...**  **(2) For which an Airplane or Rotorcraft Flight Manu al 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 UAS, given its size and configuration has no ability or place to carry such a**  **flight manual on the aircraft, not only because the re 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 man ual at the ground control point where**  **the pilot flying the UAS will have immediate access to it.** 

14 C.F.R. § 91.103: Preflight Action

**.**

**This regulation requires each pilot in command to t ake certain actions before flight to**  **insure the safety of flight. As FAA approved rotorc raft flight manuals will not be provided**  **for the aircraft an exemption will be needed. The P IC will take all actions as stated in the**  **FOM in Section 4 under Normal Procedures including but not limited to reviewing**  **weather, flight battery requirements, landing and t akeoff distances and aircraft**  **performance data before initiation of flight**

14 C.F.R. §91.109: Flight Instruction.

**Section 91.103 provides that no person may operate a civil aircraft (except a manned**  **free balloon) that is being used for flight instruc tion unless that aircraft has fully**  **functioning dual controls. UAS and remotely piloted aircraft, by their design do not have**  **fully functional dual controls. Flight control is a ccomplished through the use of a control** 

**box that communicates with the aircraft via radio c ommunications. the FAA has**  **approved exemptions for flight training without ful ly functional dual controls for a number**  **of aircraft and for flight instruction in experimen tal aircraft. The equivalent level of safety**  **is provided by the fact that neither a pilot nor pa ssengers will be carried in the aircraft**  **and by the size and speed of the aircraft.**14 C.F.R. §91.119: Minimum Safe Altitudes.

**Section 91.119 establishes safe altitudes for oper ation 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 a ny route or altitudes prescribed for**  **helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the**  **exemption requests authority to operate at altitude s up to 400 AGL, or not more than**  **200 above an elevated platform from which filming i s planned, an exemption may**  **be needed to allow such operations. As set forth he rein, the UAS will never operate at**  **higher than 400 AGL with the exception that in circ umstances where the UAS is used to**  **survey or photograph a structure whose height excee ds 400 feet AGL, the UAS will not**  **be operated more than 200 feet above the highest po int on the structure. It will however**  **be operated in a restricted area with security peri meter, where buildings and people will**  **not be exposed to operations without their pre obta ined consent. The equivalent level of**  **safety will be achieved given the size, weight, and speed of the UAS as well as the**  **location where it is operated. No flight will be ta ken without the permission of the**  **property owner or local officials. Because of the a dvance notice to the property owner**  **and participants in the filming activity, all affec ted individuals will be aware of the**  **planned flight operations. Compared to flight opera tions with aircraft or rotorcraft**  **weighting far more than the maximum ssibs 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 50 0 AGL. In addition, the low altitude**  **operations of the UAS will ensure separation betwee n these UAS operations and**  **the operations of conventional aircraft that must c omply with Section 91.119.** 

14 C.F.R. §91.121 Altimeter Settings.

**This regulation requires each person operating an a ircraft to maintain cruising altitude**  **by reference to an altimeter that is set " ... to t he elevation of the departure airport or an**  **appropriate altimeter setting available before depa rture." As the UAS may not have a**  **barometric altimeter, but instead a GPS altitude re ad out, an U.S. exemption may be**  **needed. An equivalent level of safety will be achie ved 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 beg inning "a flight in an airplane under**  **VFR conditions unless (considering wind and forecas t weather conditions) there is**  **enough fuel to fly to the first point of intended l anding, 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 applicant believes that an exemption from 14** **CFR §91.151(a) falls within the scope of prior exem ptions. Operating the UAS in a** 

**tightly controlled area where only people and prope rty owners or official representatives**  **who have signed waivers will be allowed does not en gender the type of risks that**  **Section 91.151(a) was intended to alleviate given t he size and speed of the small**  **UAS. The applicant believes that an equivalent leve l of safety can be achieved by**  **limiting flights to 30 minutes or 25% of battery po wer- whichever happens first. This**  **restriction would be more than adequate to return t he UAS to its planned landing zone**  **from anywhere in its limited operating area.**

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircr aft Certification and Registration

**The regulation provides in pertinent part: (a) Exce pt as provided in§ 91.715, no person**  **may operate a civil aircraft unless it has within i t the following: (1) An appropriate and**  **current airworthiness certificate .... (b) No perso n 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 UAS fully loaded weighs well under the**  **proposed 55 lb limit and is operated without an on board pilot. As such, there is no**  **ability or place to carry certification and registr ation documents or to display them on the**  **UAS. An equivalent level of safety will be achieved by keeping these documents at the**  **ground control point where the pilot flying the UAS will have immediate access to them,**  **to the extent they are applicable to the UAS.**

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(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 a nd 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 ot hers shall inspect or maintain the aircraft**  **in compliance with Part 43. Given that these sectio ns and Part 43 apply only to aircraft**  **with an airworthiness certificate, these sections w ill not apply to the applicant.**  **Maintenance will be accomplished by the operator pu rsuant to the flight manual and**  **operating handbook. An equivalent level of safety w ill be achieved because the UAS is**  **very limited in size and will carry a small payload and operate only in restricted areas for**  **a limited period of time. If mechanical issues aris e the UAS can land immediately and**  **will be operating from no higher than 400 feet AGL. The operator will ensure that the**  **UAS is in working order prior to initiating flight, perform required maintenance, and keep**  **a log of any maintenance performed. Moreover, the o perator is the person most familiar** 

**with the aircraft and best suited to maintain the a ircraft in an airworthy condition to**  **provide the equivalent level of safety. An equivale nt level of safety will be achieved**  **because maintenance and inspections will be perform ed in accordance with the UAS**  **Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the**  **UAS is in working order prior to initiating flight and perform required maintenance** 

**needed.**Additional Information.

**The applicant, Glenn G Smith Jr, believes this exem ption request and associated**  **safety considerations adequately satisfy criteria p rovided in Section 333 of the Reform**  **Act of 2012, providing sufficient justification for the granting of commercial operations of**  **the applicant's UAS.**

**The applicant, Glenn G Smith Jr requests your respe ctive approval of this Section**  **333 exemption petition request.**

**Thank you for your attention in this matter. Please notify Glenn G Smith Jr of your**  **actions, and or approvals.**

**Thank You for your interest in this request.**

**Sincerely,**

**Glenn G Smith Jr**

**134 Boarland Road Ardmore, Oklahoma 73401**  **ggsmithjr@gmail.com**

**405-850-8984 DBA: UAV Aerial Surveys**