US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

November 2, 2015

Dave Witzel B SquareWeb Internet Inc. 952 Dibbles Trail Webster, NY 14580 

### dave@bsquareweb.com

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 Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151 (a); 14CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") And 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Dave Witzel Hereby applies for an exemption from the listed Federal Aviation Regulations (11FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.Thankyou in advance foryour consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate 

### 2. Aerial Photography

### I Videography 

### 3. Private

### I Public Events

Asdescribed fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UASoperations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to 11
•••• establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system. 11

The name and address ofthe applicant is

Dave Witzel 

### B SquareWeb Internet Inc. 952 DibblesTrail Webster, NY 14580**dav~®bsquareoweb.com**

From whichtheexemption is requested: 14 CFR Part 21 subpart H 14CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14CFR 91.103 14CFR 91.109 14CFR 91.119 (c) 14 CFR 91.121 14CFR 91.151 (a) 14CFR 91.203 (a) 14 CFR 91.405 (a) 14CFR 91.407 (a) 14 CFR 91.409 (a) 14CFR 91.417 (a):Grants of exemption in circumstances similar in all material respects, In Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA2014-0804) Exemption Nos. 11062, 11109, 11112, 11213, and 12645; Nos. 11062, 11109, 11112, 11213, and 12645.

Dave Witzel Will operate one or more ofthe Following model UAS
DJIInspire 1, Phantom 2+
Safety requirements, the approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grant the requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safetyofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

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

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

3. Flights will be operated within line of sightofthe Pilot in Command (PIC) and/or Visual Observer (VO).4. Maximum flight time for each operational flightwill be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 

### 25% battery power reserve or30 minutes of flighttimewhichever occurs first.



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



### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at leastone Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each daisflights consisting of all the day's activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closerthan a mile radius ofthe geographiccenter/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closerthan a S-mile radius ofthe geographiccenter/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VOwill have been trained in operation of UAS and receive up todate information forthe particular UAS to be operated.

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

17. The PIC will abide by all rules.

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will havethe capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capabilityto abort aflight in case of emergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1 ). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part21 Subpart 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 of the Reform Act both authorizethe FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas of the particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area.

Unlike other civil aircraft, operations underthis exemption will betightly controlled and monitored by both the operator and underthe requirements and incompliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetytothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is nocredible threatto national security posed bythe UAS, dueto its size, speed of operation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sportcategory aircraft orexperimental or provisionally certificated aircraft, the operator mustalso display on that aircraft
near each entrance tothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

The operator must also display on that aircraft near each entrance tothe cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor morethan 6 inches high, thewords "limited/' "restricted/' "lightsport!' "experimental/' or "provisional/'
as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed, as the UASwill have no entrance to the cabin, cockpit or pilot station on which the word lettering will be impossible. The word "Experimental" will be placed on thefuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015.

The equivalent level of safety will be provided by having the UAS marked With a N number and or Experimental. Given the size ofthe UAS, two inch on its fuselage as required by §45.29 (f) where the pilot, observerand others working with the UAS will see the identification ofthe UAS, 14C.F.R. § 61.113 (a) and (b).

The proposed UAS operations mayachieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness.Given the size of the aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill be provided. 14 C.F.R. § 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 UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only becausethere is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate accessto it.

14C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insurethe safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC 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 takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a number of aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided by the factthat neither a pilot nor passengers will be carried in the aircraftand bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor 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. Asthis exemption isfor a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will never operate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to surveyor photograph a structure whose heightexceeds 400feet AGL, the UAS will not be operated more than 200 feet abovethe highest point on thestructure. Itwill however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operationswithouttheir pre obtained consent.

The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individualswill be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. Proposed herein and the lackofflammable fuel, any risk associatedwith 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 UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must complywith Section 91.119. 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuanttothe safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane underVFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to fly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The applicant believes that an exemption from 14CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled areawhere only people and property owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes
or25% of battery power- whichever happens first. This restriction would be more than adequateto return the UAS to its planned landing zone from anywhere in its limited operating area.

14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person mayoperate a civil aircraft unless it haswithin it the following: (1) An appropriate and current airworthiness certificate

... (b) No person mayoperate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a specialflight authorization issued under§91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 55 lb limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem onthe UAS. An equivalent level of safetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate accessto them, to the extentthey are applicable to the 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 havethat aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter..," and others shall inspector maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applytothe applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill be achieved becausethe UAS isvery limited in size and will carry a small payload and operate only in restricted areasfor a limited period of time. If mechanical issues arisethe UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspectionswill be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a linkon last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed. Authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Additional Information.

Dave Witzel believesthis exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustification for the granting of commercial operations ofthe applicant's UAS.

### The applicant Dave Witzel requests your respective approval of this Section 333 exemption petition request.

Thankyou for your attention in this matter. Please notify Dave Witzel Of your actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,

Dave Witzel

Manuals:

https://dl.djicdn.com/downloads/inspire 1/en/lnspire%20 1 User Manual V1.8.pdf
http:/ldownload.djiinnovations.com/downloads/phantom 2 vision plus/en/Phantom 2 Vision

Plus User Manual v1.8 en.pdf