268 Canal Rd Waterloo, SC 29384 Tel: ( 864) 980

- 8881 Fax: ( 864) 998

- 3407 birdseyepix @embarqmail.com

June 17 th 2016

Christopher Thompson, BirdseyePix & VT.

Section 333 Exemption Petition

– request for amendment to Docket # FAA

- 2015

- 1855

- 0001

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

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61. 113(a)&(b); 14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.119, 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).

Dear Sir or Madam,

I, Christopher Thompson , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Christopher Thompson

, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Christopher Thompson , may operate my small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As des cribed herein I, Christopher Thompson , am an owner of the photographic company, BirdseyePix & VT , within the State of South Carolina

. I have owned and flown hobby grade Quadcopter UAS’s for several years. I intend to use my

DJI Phantom 3 Standard Qu adcopter for aerial filming utilizing video and still images of: Real Estate Properties for sale, structures for mechanical and structural integrity, filming of commercial structures and activities for advertising purposes, as well as natural scenery and layouts for aerial mapping and enjoyment.

I, Christopher Thompson , am committed to safety with each flight. My exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Exempted flights will be performed in areas away from general public, airports, heliports and vehicular traffic for filming videos and still photography, unless permission has been sought and granted from Airport authorities or other property owners who have been advised of the risks. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent an incident. Birdseye Pix & VT willutilize safety protocols and controls to avoid and prevent public hazards, as well as manned

aircraft/UAS interactions. This will act to further safety protocols exclusive to lightweight UAS's specific to commercial video and photography, and mapping usage as I, Christopher Thompson

, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation. Granting my request is in compliance with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems

[U AS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further I, Christopher Thompson , will conduct my operations in compliance with the protocols described herein or as otherwise established by the

FAA. For the reasons stated below I, Christopher Thompson , respectfully request the granting of an exemption allowing me to operate ultra light weight, remote controlled UAS’s for commercial purposes which will enhance th e video and photographic business offerings of BirdseyePix &

VT . All of which will promote local economic growth through increased employment and an increased tax base. This will all be done with public safety in mind.

I. Contact Information:

Christopher Thompson BirdseyePix & VT

268 Canal Rd Waterloo, SC 29384 (864) 980

- 8881 birseyepix@embarqmail.com www.birdseyepix.net

II

. The Specific Sections of Title 14 of the Code of Federal Regulations From

Which Christopher Thompson Requests Exemption are:

14 CF R 21, 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, 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).

III. The Extent of relief Christopher Thompson seeks and the Reason He Seeks Such

Relief:

I, Christopher Thompson , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relie f from any currently applicable FARs operating to prevent me, Christopher Thompson , from pursuing contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides

for such i ntegration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My ultra light weight UAS’s meet the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS’s is expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to related UAS aerial video, photography, and topographical mapping. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whetherthe UAS will be operated near airports or heavily populated areas; and, whether the UAS will be

operated by line of sight . 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Christopher Thompson . My UAS’s utilize four (4) counter

- rotating propellers for balance, control and stability. My UAS’s are equipped with GPS and auto return safety

tech nology. My UAS’s weigh less than 4 pounds (DJI Phantom 3 Standard ) far below the maximum 55 pound limit; including camera with gimbal.

I, Christopher Thompson , consider safety foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS. Built in safety systems include a GPS mode that allows my UAS’s to hover in place when radio controls are released. Further, the software within my UAS’s will not allow it to fly within airspace that is near a major airport and this restr icted airspace is constantly being updated via firmware from the manufacturer, DJI. To further prevent flying in restricted airspace or crowded airspace I consult a current sectional before each flight. When pilot communication is lost, this and future UAS ’s are designed to slowly return to home and descend to the ground, then automatically shut down operation. I do not operate my UAS near airports without permission, and do not operate near areas where general public safety is a concern. I am constantly on alert for any manned aircraft in my vicinity, and I am prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My UAS’s are capable of vertical and horizontal operations, and are flown only within my line of sight. Utilizing battery power rather than combustible fuels, fl ights generally last between five (5) to fif t een (15 ) minutes, with an altitude under two hundred ( 2 00 ) feet AGL. I utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is Twenty Five (2 5 ) minutes as tested. I do not operate my UAS at or below manufacturer recommend minimum charge levels for operation; p referring to remain well within a safe operating range to insure adequate communication between radio control and UAS to reduce potential for problems. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of

ope ration. I do not take risks that may cause a crash, that could create a hazard to the public, property, or manned aircraft, and have no desire to lose my investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of these specific UAS's performance under different temperature and weather conditions. All of these practices are performed to ensure safety. I take extreme caution when opera ting my UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety

zon e when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Christopher Thompson ’s UAS’s, used in hobby flight, have demonstrated a perfect safety record and have not posed any threat to the g eneral public or national security.

IV. How Christopher Thompson ’s Request Will Benefit the Public As A Whole:

Aerial photography and videography for geographical awareness and for real estate marketing has been around for a long time through manned fix ed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expenses. Depriving non

- luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through catastrophic crashes during flight at low levels and low speeds. Many manned aircraft both fixed wing and helicop ters have made emergency and hard landings within our city limits. These craft carry combustible fuel that can start life threatening fires. My, Christopher Thompson ’s, UAS’s pose no such threat since size and lack of combustible fuel alleviates any potent ial threat to the public. Additionally,the low operational altitude minimizes the potential for a mid air collision.

My ultra light weight UAS’s are battery powered and create no emissions that can harm the environment. The consequence of my ultra light w eight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. Permitting me, Christopher Thompson , to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the positive economic impact for the community and for companies looking to relocate or build in the Upstate South

Carolina area or other areas as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

V. Reasons Why Christopher Thompson ’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rules:

My, Christopher Thompson ’s, exemption will not adversely affect safety. Quite the contrary, not only for the reasons stated in section III and IV but also by permitting me, Christopher Thompson , to log m ore flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for UAS operators that can be embraced by the FAA. In

ad dition I, Christopher Thompson , submit the following representations of enhancements to current aerial videography and photography for real estate: My UAS’s weigh less than 7 pounds, complete with a small ultra light weight high definition

onboard camera o n a gyro stabilized gimbal; I only operate my UAS below 400 feet AGL and normally below 100 feet AGL (well within the 400 foot AGL permissible ceiling set by the FAA Modernization and Reform Act of 2012); My current UAS’s operate for less than 25 minutes per flight; I land my UAS’s prior to the manufacturer recommended minimum level of battery power; I pilot my UAS’s by line of sight; My UAS’s have GPS a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost; I actively analyze flight data and other sources of information to constantly update and enhance safety protocols; I only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airp orts and densely populated areas; I conduct extensive pre

- flight and post

- flight inspections, during which safety carries primary importance. I always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in the event of safety breaches or potential danger. My safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography. While the safety record of such helicopters is notable, there have been local incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra light weight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and I only operate my UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosio ns is greatly diminished. Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely. Accordingly, my UAS has been experimentally operated for familiarization/competency and will c ontinue to operate at or above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and

The Like.14 C.F.R. 21, Subpart H, entitled Airworthiness Cert ificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS’s permits exemption from Part 21 because my UAS’s meet (and exceed) an equ ivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislat ion permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My current and projected UAS's meet or exceed

each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) req uires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineati ng areas where safety can be defined. The FAA has previously issued exemptions to this regulation in many previous exemptions including, but not limited to Exemption Nos. 8607, 8737, 8738, 9299, 9565, 10167, 10602, 10700 and 32827.

14 C.F.R. § 91.121 rega rding altimeter settings is inapplicable in so far as my UAS’s utilize electronic global positioning systems in combination with a barometric

sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registratio ns. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Christopher Thompson

.

B. 14 C.F.R. § 45.23: Marking of The Aircra ft

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS’s are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases.

Fur ther, two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700, among other s.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, Christopher Thompson , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation of my UAS’s are far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me to operate my UAS’s meets and exceeds current safetylevels in relation to 14 C.F.R. §61.113 (a) & (b). In addition, Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating the Astra eus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It

all ows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 AGL. I will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalen t to or greater than those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in para graph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my UAS. However, as a safety precaution I inspect my UAS before and after each flight and maintained per the manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

In summary, Christopher Thompson seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my lightweight unmanned aircraft system for aerial photography/Inspecti on/ included but not limited to the following; Business Operations: over land, water-ways, and oceans; operation over/in non-restricted National Parks, National Forests, flight in non-navigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted U.S. States/Territories for aerial videography/cinematography for commercial operation and to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of such areas. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting my request for exemption will reduce current risk levels and thereby enh ance safety. My UAS does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating pote ntial public risk flying to and from established airfields. I have been analyzingflight information and will compile safety protocols and the implementation of a flight

operations manual that exceeds currently accepted means and methods for safe flight. F ormal

collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my UAS’s and therefore the likelihood of dea th or serious bodily injury is significantly diminished. The operation of my UAS’s, weighing less than 7 pounds and travelling at lower speeds within limited areas, will provide an equivalent level of safety as that achieved under current FARs. Accordingly I respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully Submitted,

Christopher Thompson BirdseyePix & VT

268 Canal Rd Waterloo, SC 29384 (864) 980

- 8881 birseyepix@embarqmail.com www.birdseyepix.net