Gerald 

### E. Rose Aero Photos 4001 NE ath Place Cape Coral, FL 33909

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 · 1200 NewJerseyAvenue, SE Washington DC 20590 !--·_5

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform f\ct and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR45.23(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); 14CFR91.417{a)·and (b)

Dear Sir or Madam:

I recently started a· business to provide aerial photography and video as a service to local ' · businesses, tourism organizations, private entities, and local government bodies. However, current regulations prohibitthe use of UAS aircraftfor commercial use. Permitting my company to use UASs for commercial purposes would allow me to conduct my business, add a service to my community and local businesses, as well as to donate my services to local law enforcement fortheir efforts, as needed.

I am well qualified to safely operate a UAS in a commercial application. I hold a Commercial Pilot Certificate for Single Engine Land (Certificate #2677941) and a currentAirframe and Powerplants Mechanic Certificate (Certificate #2677942). Additionally I held an Inspection Authorization license which is presently expired. I participate as an Aviation Safety Counselor (#FE2) with the Memphis FSDO. I am also a Systems Instructorfor FedExfor 17 years, where I train and certify mechanics to work on MD10, DC10 and MD11 Aircraft Systems. Finally, I've been involved in model aviation for approximately 25 years, in accordance with Advisory Circular 91-57. Therefore I can demonstrate an extensive understanding ofthe operation of conventional aircraft, classes and special use airspace, as well as an extensive understanding ofthe FAA's stance on safety being the numberone priority forevery flight. I have maintained a clean record ofaviation safetywith no violations nor incidents and will apply that same safety culture to the use of UASs.

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, I, Gerald ERose, operator of an Unmanned Aircraft System (UAS), hereby apply foran exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its UAS, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and 2 sensors, would operate in thefollowing manner:

Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

1 of 8**~** Aerial video and/or photographyfor public and/or private use including television, public events, cinematography and news gathering.**~** Aerial inspection/photography of residential/commercial structures undercontractwith the owners or local government authority.**~** Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.**~** Aerial video/photography or providing live video feed to assistwith search and rescue operations in cases ofan emergency or natural disasteronly when the local authorities

or government has requested it by contract ordonation.**~** The ability to offertraining to persons individually or belonging to both private and/or public organizations that have interests in the use and application ofa UASforthe purpose ofthe safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as forthe protection ofthe persons and property.

As describedfully below, the requested exemption would permitthe operation ofa UAS under controlled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) will provide safety enhancementsto the already safe operations in the industry presently using conventional aircraft. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to"

....establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is:

Aero Photos Attn: Gerald E. Rose, Owner Ph: 901 484-8464 Email: jerry@aero.photos Address: 4001 NE 8th Pl., Cape Coral, FL 33909

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) 14CFR91.109 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)



### 2 of 8Aero Photos will operate the Yuneec ElectricAviation Model 0500Typhoon UAS, with atotal weight of 1700g or4.75 lbs. The dimensions are 420mm x 420mm x 240mm or 16.54 inches x 6.54 inchesx 9.45 inches. Understill airthe maximum speed is no more than 6.7 m/s or 15 mph with a cruising speed of6.7 m/s or 15 mph. The Yuneec 0500Typhoon has the ability to hover and move along a vertical and horizontal plane simultaneously. The Yuneec 0500Typhoon has four motors, motor model YUNM4234 KV700, powered by a 5400 mAh 3s 11.1v Lithium Polymer battery. There are four counter rotating propellers, propeller models YUN0500115A and YUN050011B, in use. The Yuneec 0500Typhoon will be controlled with a Yuneec model ST10, 10 channel remote controllerwith an operating frequency of2.400GHz- 2.483GHz. The live video feed will have an operating frequency of5.728GHz- 5.850GHz. The applicantwill operate the UAS in line ofsightwithin a closed offand predetermined area owned and/operated by the property representative.

Given the small size ofthe UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's 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 grant ofthe requested exemption is in the public interest. Accordingly the applicant requests thatthe FAA grantthe requested exemption with minimum delay.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed below are for an equivalent or higher level ofsafety because ofthese limitations of our operations, will further enhance the safety ofthe persons and/or property and those flying conventional manned aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption include:**~** The UAS will weigh less than 55 lbs.**~** The UAS will have a maximum operating speed of no more than 50mph.

A Visual Observer (VO) may be utilized when the Pilot in Command (PIC) deems necessaryto assistwith the safe operation oftheflight.

Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).**~** Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 30 minutes offlighttime, or 25% battery power reserve, whichever occurs first.**~** Flights will be operated at an altitude of no morethan 200feetAbove Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.**~** Minimum crewfor each operation will consist ofthe UAS Pilot, and may include aVisual Observer (VO).



### 3 of 8**~** The UAS pilot will be a designated Pilot in Command (PIC) and at least hold a satisfactory Sport Pilot's written exam along with a meeting and complying with the medical requirements for a Sport Pilot's Certificate. Ifthe PIC feels another operatorto be qualified with the necessary skills to be PIC & possessthe satisfactory Sport Pilot written exam, able to meet and comply with medical requirements ofthe Sport Pilot Certificate, that person may be designated PIC provided they have a minimum of20 hours offlight time with the UAS.**~** A briefing will be performed regarding the planned UAS operations priorto each day's flight consisting ofall the days' production activities.**~** All flights will occur under Day Visual Meteorological Conditions (DVMC) only.**~** The flights will occur no closerthan a 

### 5 mile radius ofthe geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.**~** Ifoperations will be within a 

### 5 mile radius ofthe geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airportthe respective airports will be contacted advising them ofthe estimated flight time, flight duration, elevation offlight and other pertinent information. If requested by the airport managerorATCfacility, a Flight Service Station will be contacted for appropriate filing of a Notice to Airmen (NOT AM) ofauthorized UAS activities, location in relation to the closest published VHF Omnidirectional Range (VOR), radial, distance, and altitude block ofthe UAS activity.**~** The operatorwill attemptto obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 50 feet ofthe flight operation, and the radius may be reduced to 20 feet based upon an equivalent level ofsafety determination, with the exception ofone person standing next to the PIC for observation of photo/video performance, so long as the flight is not conducted overthe PIC. With the advanced permission ofthe FSDO, operations at closer range of additional persons may be approved.**~** The PIC and VOwill have been trained in operation of UAS and receive up-to-date information forthe particular UAS to be operated.**~** The PIC and VOwill be able to communicate by voice, radio, and/ortext at all times.**~** Written and/orverbal permission and permits will be obtained from territorial, state, county or cityjurisdictions, including law enforcement, fire or other appropriate governmental agencies.**~** Ifthe UAS loses communications with the remote controller, the UAS will have the capability to return to a pre-determined location within a designated location and land autonomously.**~** The UAS will have the capability to abort aflight in case of unpredicted obstacles, weather, oremergencies.



### 4 of 814 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness 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 Part 21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstratesthatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, 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 neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliancewith local public safety requirements. These safety enhancements provide a greaterdegree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed bythe UAS, dueto its size, speed ofoperation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrancetothe cabin, cockpit,

or pilot station, in letters not lessthan 2 inches nor morethan 6 inches high, thewords "limited," "restricted," "light-sport," "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 "Experimental" can be placed. Given the size ofthe UAS, two-inch lettering will be impossible. Theword "Experimental" will be placed on the fuselage in compliancewith §45.29 (f). The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observerand others working with the UASwill see the identification ofthe UAS as "Experimental."

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuantto 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as
a pilot in command ofan aircraftthat is carrying passengers or propertyfor compensation or hire.
Perspective may achieve an equivalent level ofsafety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC ofthe UAS will have a Private PilotWritten Exam completed satisfactorily along with a currentThird Class or higher Medical exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b). Ifeel the operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.



### 5 of814C.F.R. §91.7(a): Civil AircraftAirworthiness. 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 forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety check lists priorto each flight an equivalent level ofsafety will be provided.

14C.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 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 there is no pilot on board, but because there is no room orcapacity to carry such
an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual at the ground control point where the pilotflying the UAS will have immediate accessto it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insurethe safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe 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 takeoffdistances and aircraft performance data before initiation offlight.

14C.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 forflight instruction unless that aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraft via radio communications. The FAA has approved exemptionsforflight training withoutfully functional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. Asthis exemption is for a UAS that is a helicopterand the exemption requests authorityto operate at altitudes up to 400 AGL, 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 neveroperate at higherthan 400AGLwith the exception that in circumstances wherethe UAS is used to survey or photograph a structurewhose height exceeds 400 feetAGL, the UAS will not be operated more than 200feet above the highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well
as the location where it is operated. No flight will be taken without the permission ofthe property
owner or local officials. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations.



### 6 of 8Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with 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 altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the 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 "a flight in an airplane underVFR conditions unless (considering wind and forecastweather 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The battery powering the UAS provides approximately 25 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame for flight in daylight ortwilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. Operating the UAS, in atightly controlled area where only people and property
owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minuteswould greatly reduce the utility forwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 25 minutes or 25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the 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 haswithin 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) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the UAS.

An equivalent level ofsafetywill 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 extentthey are applicable to the UAS.

7 of 814 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that 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 inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level ofsafetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400feetAGL. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep
a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.

An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordancewith the UAS Manufacturer's User Manual. As provided in the FOM, the operatorwill ensurethatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information The applicant, Gerald 

### E. Rose as been involved in the building and piloting of remote controlled aircraftfor

### 25 years. Also the primary pilot, Gerald, has an in-depth understanding ofthe capabilities and safety concerns involved in using this technology as an asset to the community. In addition, Gerald E. Rose holds a Commercial Pilot Certificatefor Single Engine Land, and an Airframe and Powerplants Mechanic Certificate. Satisfaction ofcriteria provided in Section 333 ofthe Reform Act of2012 provide more than adequatejustification forthe grant ofthe requested exemptions allowing the commercial operation ofthe applicant's UAS.

Sincerely,

Gerald 

### E. Rose



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