James H. Lawson Jr.

Industrious Solutions , LLC 210 Sweetbriar Circle Canton, MS 39046 March 4, 2016
FAA Docket Management Facility U.S. Department of Transportation 1200 New Jersey

Avenue, SE West Building, Ground Floor, Room W12

- 140 Washington, DC 20590 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 45.27(a); 14 CFR 61.113; 14 CFR 61.133; 14 CFR 91.10 3 ; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 9 1.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.207; 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CF R 91.409 (a); 14 CFR 91.417(a) and (b) ; 14 CFR 91.7(a); 14 CFR 91.9(b)(2)

. To whom it may

concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 20 12 and 14 CFR Part 11, James H. Lawson Jr., owner of Industrious Solutions, LLC, hereb y applies for an exemption from the listed Federal Aviation Regulations to allow commerci al operation of a small Unmanned Arial System (UAS ) , so long as such operations are conducted within and under the conditions outlined herein or as may b e established by

the FAA as required by

S ection 333, for all operators o f small UAS’s working for Industrious Solutions , LLC

. Commercial operation of a small UAS, as described herein, which is equipped with cameras and sensors, would operate in the following manner: 1. Aerial photography and/or video for public and/or private use that includes marketing of real estate and architecture, land surveying, engineering and other related professional activities. 2. Aerial photography and/or video for public and/or private u se including television, public events, and cinematography.3. Aerial inspection and/or photography of residential and/or commercial structures under contract with owners or local government authority

. 4. Aerial photography, video and/or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when 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 Airspace System (NAS) that would be a . ) limited b

. ) controll ed c . ) predetermined and d

. ) will provide safety enhancements to the already safe operations in the indust

ry presently using conventional aircraft. Approval of this exemption would thereb y enhance safety and fulfill the Secretary o f Transportation's (the FAA Administrator's) responsibilities to "

.... establish requirements for the safe operation of such aircraft s ystems in the national airspace s ystem."
**Contact Information:** Name: James H. Lawson Jr. Company : Industrious Solutions Phone: (601) 329

- 5396 Email: Industrious.Solutions1@gmail.com Address: 210 Sweetbriar Circle

Canton, MS 39046 Regulations from which the exemption is requested: 14 CFR Part 21 subpart H : Airworthiness Certificates 14 CFR 45.23 (b) Location of marks on fixed

-wing aircraft. 14 CFR 45.27 (a) Location of marks; nonfixed

-wing aircraft. 14 CFR 61.113 Private pilot privileges and limitations: Pilot in command. 14 CFR 61.133 Commercial Pilot Privileges and Limitations. 14 CFR 91.103 Preflight Action. 14 CFR 91.109 Flight instruction; simulated instrument flight and certain flight tests. 14 CFR 91.119 Minimum safe altitudes: General. 14 CFR 91.121 Altimeter settings. 14 CFR 91.151 (a) Fuel requirements for flight in VFR conditions. 14 CFR 91.203 (a) & (b ) Civil aircraft: Certifications required. 14 CFR 91.207 Emergency locator transmitters. 14 CFR 91.405 (a) Maintenance required. 14 CFR 91.407 (a) (1) Operation after Maintenance, Preventative, Rebuild or Alteration.14 CFR 91.409 (a) Inspections.

14 CFR 91.417 (a) & (b) Maintenance Records 14 CFR 91.7 (a) Civil Aircraft Airworthiness 14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft The small UAS's that will be utilized are multi

-rotor craft weighing no more than 55 pounds including payload. Under normal conditions they operate at speeds of no more than 45 mph or 39 knots and have the ability hover and move along a vertical and horizontal plane simultaneously. They will only operate in line of sight and by the exempted persons obeyingal l other local and federal laws. Given the 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 s ecurity 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 emissions and noise, the grant of the requested exemption is in the public interest. Acc ordingly 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 b ecause operations will further enhance the safety of the persons and/or property u sing conventional aircraft. These limitations and conditions to which the applicant agre es 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 pounds. 2. Flights will be operated within line of sight of a pi lot and observer. 3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 2 5% 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 fe et Above Ground Lev el (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. 6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight consisting of all the days'production activities.7. The PIC will obtain verbal and written consent of all persons invo lved with the planned

operation and ensure that only c onsenting persons will be allowed within 10 0 feet of the flight operation. The radius may b e 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 FSDO, operations at closer range may be approved. 8. The PIC and VO have been trained in operation of small UAS ’s and receive up -to
- date information to operate the particular small UAS. They also wi ll be able to show upon request their competent ability

to operate the small UAS and/or Camera. 9. The PIC and VO will be able to communicate by voice, and/or hands free radio at all times. 10. Written and/or verbal permission and permits will be obtained from territorial, state, county and/or city

j urisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 11. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre - determined location within a designated location and land autonomously

. 12. The smal l UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. **14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness 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 exempti on 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 Refor

m 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 populated areas of the particular small UAS. Inall cases, an analys is 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 operate d hereunder is less than 55 pounds

. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly c ontrolled and monitored by both the operator and under the requirements of compliance with lo cal 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 p osed by the smallUAS, 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 Aircra ft** 

**14 CFR 45.27 (a) Location of marks; nonfixed -** **wing 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 c ertificated 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," o r "provisional," as applicable. Even though the small UAS will have no airworthiness certificate, an exemption may

b e needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" c an be placed. Given the size of the small UAS, two
- inch lettering 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 small UAS marked on its fuselage as required by § 45.29 (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. § 61.113 : Private Pi** **lot Privileges an d Limitations: Pilot in Command and**  **14 C .**  **F .**  **R .**  **§ 61.133 Commercial Pilot Privileges and Limitations.**  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 comp ensation or hire. Our small UAS ’s do not carry any pilots or passengers nor property therefore, the pursuant is seeking an exemption to 14 CFR 61.113

. The pursuant is in the process of obtaining a private pilot certification. The FAA knowledge test portion of this certification will be completed by M arch 21, 2016, and sport pilot certification expected between April 4

– May 4 , 2016 depending on weather, to satisfy

the requirements set in place. Until completion of established requirements the PIC will be a certified private pilot with UAS flight training and flight hours obtained at Hind Community

C ollege to ensure safe operations in the NAS. Although helpful, a pilot's certification will not ensure remote control piloting skills. My having 20+ logged flight hours on the UAS’s proposed below, in addition to hours on various other aircraft, will ensure safe operations in the NAS. The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial activitie s outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the small UAS in NAS

. **14 C.F.R. § 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 provide d for the aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, fl ight 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 may operate a civil aircraft (exc ept a manned free balloon) that is being used for flight instruction unless that aircraft has fully f unctioning dual controls. Small UAS ’s and remotely p iloted aircraft, by

their design do not have fully f unctional d ual controls. Flight control is accomplished through the use of a c ontrol box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully

f unctional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety p rovided by

the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft. **14 C.F.R. §91.119: 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 f ilming is planned, an exemption may b e 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 smal l UAS will not be operated more than 100' above the hi ghest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be expo sed 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 f ar more than the maximum 55 pounds

. proposed herein and the lack of flammable fuel, any risk associ ated with these operations is far le ss 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. §91.121 Altimeter Settings.** This regulation requires each person operating an aircraft to maintain cr uising altitude by reference to an altimeter that is set "

... to the elev ation 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 b e 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 cruis ing 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

p owering the small UAS provides approximately 3 0 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights will 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 VF R 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 p eople and property

owners or official representatives who have signed waivers will be allowed, with less than 3 0 minutes of reserve fuel, does not engender the ty pe of risks that Section 91.151{a) was intended to all eviate 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 c an be achieved by

l imiting 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. §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 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 issue d under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The small UAS fully l oaded weighs no more than 55 pounds

. and is operate d without an on board 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 the se 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** **. §**  **91.207 Emergency locator transmitters (ELT)**  **.** The size and weights of available ELT systems preclude their installation into the small a UAS. However, an equivalent level of safety to an ELT system is achieved with the real

-time telemetry feed of the UAS’s position and operations within visual range.**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 4 3. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections wi ll not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. **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. § 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 pilot flying the small UAS will have immediate access to it. An equivalent level of safety will be achieved be cause these small UASs are very limited in size and will carry

a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the small UAS 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 UAS M anufacturer'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.**Small UAS Information** 

Small UAS's to be used are as follows but not limited to providing they are within the scope of the exemption granted b y the FAA: **1. DJI Phantom 3**  Weight (Battery

& Propellers Included)

- 2.8211bs. Hover Accuracy

- Vertical: +/

- 0.33ft (Vision Pos itioning) or +/

- 1.64ft

Horizontal: +/

- 4.9 ft. Max Yaw Angular Velocity : 200°/s econd Max Tilt Angel: 35° Max Ascent Speed: 16 ft. /s Max Descent Speed: 9 ft. /s Max Flight Speed: 36 mph DJI Flight Battery : 4480 mAH LiPo Battery DJIPhantom 3 Gimbal

 Controllable Range

- Pitch

- 90 degrees to +30 degrees  Stabilization

- 3

- axis (pitch, roll, yaw) DJIPhantom 3 Camera :

 Operating Temperature Range

- 32°F

- 104°F  Sensor Size

- 1/2.3 in.  Effective Pixels

- 14M  Resolution

- 4384x3288  HD Video Recording DJIPhantom 3 Transmitter :

 Operating Frequency

- 2.400GHz

- 2.483GHz  Communication Distance (unobstructed)

- FCC Compliance: 2400 ft.  Receiver Sensitivity

(1%PER)

- 101dbm +/

- 2dbm  Transmitter Power
- FCC Compliance: 20dbm CE: 16dbm **2 . DJI Inspire 1**  Weight (Battery

& Propellers Included)

- 6.5 1bs. Hover Accuracy

- Vertical: +/

- 0.33ft (Vision Positioning) or +/

- 1.64ft

Horizontal: +/

- 4.9 ft.Max Yaw Angular Velocity : 3 00°/second

Max Tilt Angel: 35° Max Ascent Speed: 16 .4 ft. /s Max Descent Speed: 13.1 ft. /s Max F light Speed: 45 mph DJIFlight Battery : 5700 mAH LiPo Battery DJI Inspire 1 Gimbal

 Controllable Range

- Pitch

- 90 degrees to +30 degrees  Stabilization

- 3

- axis (pitch, roll, yaw) DJI Inspire 1 Camera:

 Operating Temperature Range

- 32°F

- 104°F  Sensor Size

- 1/2.3 in.  Effective Pixels

- 14M  Resolution

- 4384x3288  HD Video Recording DJI Inspire 1 Transmitter:

 Operating Frequency

- 2.400GHz

- 2.483GHz  Communication Distance (unobstructed)

- FCC Compliance: 2400 ft.  Receiver Sensitivity

(1%PER)

- 101dbm +/

- 2dbm  Transmitter Power

- FCC Compliance: 20dbm CE: 16dbm
In conclusion, I would like to thank you for your time and consideration of these exemptions. Sincerely, James H. Lawson Jr.

Owner Operator Industrious Solutions