Chad de Alva Petition for Exemption per Section 333 10

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1 | P a g e Chad de Alva 3790 S. Big Valley Trail Flagstaff, AZ 86005 (970)729

- 2383

C dealva8 8@gmail.com

October 2 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

RE: Petition for exemption from select Federal Aviation Regulations (FARs) , as per Section
333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Section 333 of the FAA Modernization and Reform A ct (FMRA) directed the Secretary of Transportation
to consider whether certain Unmanned Aircraft (UA) or Unmanned Aerial Systems (UAS) may be operated safely in the Nation Airspace System (NAS).

The Secretary is required to consider whether a UAS, “as a result of *its+ size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight does not create a hazard to users of the national airspace system or the public or pose a threat to national security.” If the Secretary determines “that certain UAS may operate sa fely in the NAS, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.” (FMRA §333 (b

- c)).

Therefore, Chad de Alva (hereafter referred to in the first person ) hereby submit s this petiti on for an exemption from certain Federal Aviation Regulations (FAR) as detailed below, so that I may operate a
UAS in the NAS.

REASON FOR REQUESTING AN EXEMPTION: I intend to operate a UAS commercially so that I may obtain saleable data, such as photogra phs and
video files.

HOW AN EQUIVALENT LEVEL OF SAFETY WILL BE MAINTAINED : The size, weight, airspeed, and limited capabilities of the UAS that I intend to operate in accordance with an FAA exemption allow me to maintain an equivalent, or in some cases higher level of safety than were I to hire a manned aircraft to operate under existing FAA regulations. Detailed below are limitations and conditions I agre e to abide by when operating a UAS for commerc ial purposes.

 All flights will be conducted within line of sight of the Pilot in Command (PiC).

 The UAS will be inspected before each operational flight to ensure that the UAS may be flown safely and not present a hazard to persons or property.

 The UAS wi ll weigh less than 55 pounds.Chad de Alva Petition for Exemption per Section 333 10

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2 | P a g e  The UAS will never operate at over 400 feet AGL.

 The UAS will have the word “experimental” displayed on its hull.

 Pending this exemption being granted, all documents deemed necessary by the FAA will be kept at the ground contr ol point.

THE REGULATIONS FROM WHICH EXEMPTION IS BEING REQUESTED:

1. 14 C.F.R. Part 21, Subpart H

2. 14 C.F.R. 45.23 (b)

3. 14 C.F.R. 61.113 (a)&(b)

4. 14 C.F.R. 91.7 (a)

5. 14 C.F.R. 91.9 (b)(2)

6. 14 C.F.R. 91.103 (b)

7. 14 C.F.R. 91.109

8. 14 C.F.R. 91.119

9. 14 C.F.R. 91.121

10. 14 C.F.R. 91.151 (a)

11. 14 C.F.R. 91.203 (a)&(b)

12. 14 C.F.R. 91.405 (a)

13. 14 C.F.R. 91.407 (a)(1)

14. 14 C.F.R. 91.409 (a)(2)

15. 14 C.F.R. 91.417 (a)&(b)

REASONS FOR REQUESTING EXEMPTIONS FROM THE AFOREMENTIONED REGULATIONS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates: 14 C.F.R. §91.203(a)(1) states the requirements for issuance of an airworthiness certificate as required under FAR §91.203(a)(1). I request an exemption from this regulation

.

U.S.C. §44701(f) and Section 333 of the FMRA author ize the FAA to exempt certain aircraft from the requirements for an airworthiness certificate. The size, weight, speed, and operational capabilities of the UAS I intend to operate would satisfy an equivalent level of safety as per Part 11 and Section 333 of the FMRA. The UAS I intend to operate weighs less than 55 pounds, has no manned crew, and has no form of explosive or combustible material on board. Therefore, the UAS will be as safe if not safer than any manned aircraft that has an airworthiness cer tificate, which carries humans and has flammable materials (fuel) on board. As my UAS weigh s a fraction of any manned aircraft, the potential kinetic energy is far less as well , should the UAS crash into something . Furthermore, the size, weight, speed,

a nd operational capabilities of my UAS pose no threat to national security.

14 C.F.R. §45.23(b) : Marking of the Aircraft: This regulation states: “ When marks include only the Roman capital letter "N" and the registration number is displayed on limited, res tricted 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 i nches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.”Chad de Alva Petition for Exemption per Section 333 10

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3 | P a g e The UAS I intend to operate has no airworthiness certificate, no cabin, no cockpit or pilot station, or no place in which affixing two inch let tering would be possible. However the FAA may determine that an exemption is required.

The word “experimental” will be placed on the hull of the aircraft as per §45.29(f) and the equivalent level of safety will be provided.

14 C.F.R. §61.113(a)&(b): P rivate Pilot Privileges an d Limitations: This regulation states that 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. I request an exemption from this regulation.

The UAS I intend to o perate achieves and equivalent level of safety because it does not carry any humans. The risks associated with operating this UAS are less that operating a manned aircraft as
detailed in 14 C.F.R. 61.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness: Th e regulation states that no person may operate a civil aircraft unless it is of an airworthy condition. Since there will be no airworthiness certificate issued for the UAS if this exemption is granted, there will be no standard by which to determine the a irworthiness of the UAS I intent to operate. I request an exemption from this regulation.

An equivalent level of safety will be maintained by performing regular maintenance checks and inspections of the UAS before each flight, and at regular intervals th roughout the UAS’ service life.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft: This regulation state s that; “no person may operate a U.S. registered 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. ” I request an exemption from this regulation.

The size a nd configuration of the UAS I intend to operate has no ability, nor room to carry such a flight manual on the aircraft. Furthermore, there is no pilot on board, nor is the room or capacity for such an
item on the aircraft.

An equivalent level of safety w ill be maintained by keeping the flight manual at the ground control point (defined as the point from which the PiC is operating the UAS).

14 C.F.R. § 91.103: Preflight action: This regulation states that each PiC take certain actions before flight

to ensu re the safety of flight. These actions include things such as takeoff and landing information, aircraft performance, and wind and temperature. I request an exemption from this regulation.

The UAS I intend to operate will not takeoff or land at any airpo rts, yet the PiC will review relevant
inf ormation such as wind and temperature and battery requirements as pertains to the safe operation of the UAS so that an equivalent level of safety is maintained.

14 C.F.R. §91.109: Flight instruction: This regulation states that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. I request an exemption from this regulation.Chad de Alva Petition for Exemption per Section 333 10

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4 | P a g e The UAS th at I intend to operate, by design, does not have dual controls, nor will I use the UAS to conduct flight instruction. In light of this, an equivalent level of safety will be maintained.

14 C.F.R. §91.119: Minimum safe altitudes: This regulation outlines the safe altitudes for 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. I r equest an exemption from this regulation.

The UAS I intend to operate will never operate at over 400ft AGL. Considering the size, weight, speed, operational capabilities, lack of humans onboard, and lack of flammable / combustible materials aboard,
the e quivalent level of safety will be maintained when compared to manned operations of a similar nature. The low altitude operations of the UAS will ensure that there is separation between the UAS
and conventional aircraft that must adhere to Section 91.119.

14 C.F.R. §91.121 : Altimeter Settings: This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” I request an exemption from this regulation.

The UAS I intend to operate does not have a barometric altimeter that can accept conventional altimeter settings, so an equivalent level of safety will be maintained by using the GP S functionality of the UAS. Specifically, the PiC will ensure that the GPS readout is zero (0) at the takeoff point.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions: This regulation 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 cruising speed

– (1) During the day, to fly after that for at least 30 m inutes; or (2) At night, to fly after that for at least 45 minutes.” I request an exemption from this regulation.

The UAS I intend to fly has a maximum endurance of 20 minutes, and carries no liquid fuel, only a battery to supply power. Given the size, weight, speed, and limited operational capabilities of the UAS that I intend to fly, none of the risks that §91.151(a) was designed to safeguard against even apply

– therefore, and equivalent level of safety will be provided.

14 C.F.R. §91.203 (a)& (b): C arrying Civil Aircraft Certification and Registration: This regulation states that except as stated in §91.715 (a) no person may operate a civil aircraft unless it has within it the following: (1) An appropriate airworthiness certificate... (b) No person ma y operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section

... is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. I request an exemption from this regulation.

The UAS tha t I intend to fly weighs less than 55 pounds, and as previously stated has no form or cockpit, nor a manned crew. Therefore, there is no place for the UAS to carry any registration or certification documents. Any documents required by the FAA will be kep t at the ground control point; therefore an equivalent level of safety will be maintained.

14 C.F.R. §91.405 (a); 407 (a)(1); 409 (a) (2); 417(a)& (b): Maintenance Inspections: These regulations

state that an aircraft operator or owner “shall have that air craft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section,Chad de Alva Petition for Exemption per Section 333 10

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5 | P a g e have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

maint ain t he aircraft in compliance with p art 43. I request an exemption from these regulations.

As part 43 applies to aircraft with airworthiness certificates, these sections would not apply to the UAS I intend to operate, if my UAS is exempted from having an airworthiness certificate. Maintenance will be carried out by m e in accor dance with my knowledge, experience, and the recommended instructions from the manufacture of the UAS I intend to operate. Given the size, weight, speed, and limited operational capabilities of the UAS I intend to operate, an equivalent level of safety will be provided.

SUMMARY OF REQUEST FOR EXEMPTION FOR THE FEDERAL REGISTER: As directed by 14 C.F.R. §11.81 (f), the following is a summary of my petition for exemption provided f or the publication in the Federal Register. Chad de Alva is requesting exemptions from the following Federal Aviation Regulations to the extent that they would apply to his UAS:

1. 14 C.F.R. Part 21, Subpart H

2. 14 C.F.R. 45.23 (b)

3. 14 C.F.R. 61.113 (a)&(b)

4. 14 C.F.R. 91.7 (a)

5. 14 C.F.R. 91.9 (b)(2)

6. 14 C.F.R. 91.103 (b)

7. 14 C.F.R. 91.109

8. 14 C.F.R. 91.119

9. 14 C.F.R. 91.121

10. 14 C.F.R. 91.151 (a)

11. 14 C.F.R. 91.203 (a)&(b)

12. 14 C.F.R. 91.405 (a)

13. 14 C.F.R. 91.407 (a)(1)

14. 14 C.F.R. 91.409 (a)(2)

15. 14 C.F.R. 91.417 (a)&(b)

Chad de Alva is requesting this exemption, as the FAA may consider the UAS he intends to operate an
‘aircraft’ under the FAA’s definition of the word

. T herefore , an exemption from certain regulations may be required so that Chad can operate a UAS to obtain sal eable photos and videos . Chad de Alva will conduct all flight operations with the fullest regard and consideration for the safety of all persons and
property.

WHY GRANTING THIS EXEMPTION IS IN THE PUBLIC INTEREST: Operating a UAS as intended (to obtain s aleable photos and videos) poses less of a risk to persons and property than operating a manned aircraft in the same manner. As the UAS I intend to operate carries no humans, it is inherently safer than any aircraft that requires a manned crew to operate.

Furthermore, the UAS I intend to operate weights much less than 55 pounds, and therefore the potential kinetic energy of the UAS (should the UAS crash into something) is much less than any form of
manned aircraft which weights much more . Both of these factors should explain why the UAS I intend to operate poses far less risk to persons or property in the air or on the ground.

The UAS I intend to operate is much more environmentally friendly than a conventional manned aircraft
that re quires aviation fuel to fly. The UAS I intend to operate produces no direct carbon emissions, norChad de Alva Petition for Exemption per Section 333 10

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6 | P a g e does i t produce any excessive noise, unlike turbine or internal combustion engines found in
conventional aircraft that would otherwise have to be used.

If g ranted

, this exemption would serve as a successful part of helping congress integrate UAS into the NAS. Granting this exemption would only serve to help realize congress’ and therein, the people’s goals
as found in the FMRA.

CONCLUSION: I am submitting this petition for exemption from regulations that would impact my ability to create saleable media. My request is in the public interest, and I am able to provide an equivalent level of safety to the regulations from which I am requesting exemption.

I have stated which regulations I am requesting exemption from, and how operating my UAS would provide an equivalent level of safety. I have stated how operating my UAS would be in the public’s best interest, as the UAS poses less risk, produces less noise and carbon emissions, and helps congress integrate UAS into the NAS. Furthermore, the size, weight, speed, and limited operational capabilities of the UAS I intend to operate pose no threat to national security.

I believe that I have provided more than e nough reasonable and logical justification for the FAA to grant me exemption from the aforementioned FARs, and that I have presented this material in a way that is in accordance with what congress intended with the FMRA.

I request that the FAA grant this exemption.

Thank you for your time and your consideration.

Sincerely,

Chad de Alva