February

1, 2016 **U. S. Department of T ransportation**  Docket Management Sy stem 1200 New Jersey

Av e., SE Wa shington, DC 20590 Re: Exemption Request Section 333 of the F AA Reform Act and Part 1 1 of the Federal Av iation Regulations from 14 C.F .R. 45.23( b);14 CFR Part 21;14 CFR 61.1 13 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.1 19; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) &
Dear Sir or Madam:
Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F .R. Part 1 1, Jared Mills, operator of Small Unmanned Aircraft Sy stems (“sUASs”) equipped to conduct aerial videography and photography

for the purposes of real estate projects, weddings, mapping, land and crop survey s, and other flight operations that could be performed safel y and more cost ef fectivel y with the use of small UAS at low altitude within the U.S. national airspace s ys tem as compared to a manned aircraft, hereb y applies for an exemption from the list ed Federal Av iation Regulations (“F

ARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the F AA as required b y Section 333.
As described more full y below, the requested exemption would permit the operation of small, unmanned and relativel y inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safet y enhanceme nts to the already safe operations in the above industries presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safet y and fulfill the Secretary of T ransportation’ s (the F

AA A dministrator ’s ) responsibilities to “...establis h requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.” Section 333(c) of the Reform Act. The name and address of the applicant is:
Jared Mills 339 Blackberry

A ve Riverside, IA

52327 Phone: 319

- 330

- 3803 Email: jared@midwestwhitetail.com
The sUAS model is the DJIPhantom 3 Professional. Regulations from which the exemption is requested: 14 CFR Part 21 14 C.F .R. 45.23(b) 14 CFR 61.1 13 (a) & (b) 14 C.F .R. 91.7 (a)14 CFR 91.9 (b) (2)

14 C.F .R. 91.103 14 C.F .R. 91.109 14 C.F . R. 91.1 19 14 C.F .R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This exemption application is e xpressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of T ransportation to consider whether certain unmanned aircraft sy stems may operate safely

in the national airspace s ys tem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which t ypes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following:

- The UAS's size, weight, speed, and operational capability ;

- Operation of the UAS in close proximity to airports and populated areas; and

- Operation of the UAS within visual line of sight of the operator

. Refor m Act § 333 (a). Lastly

, if the Secretary

determines that such vehicles “may operate safel y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace s ys tem.” Id . §333(c) (e mphasis added) 1 . The Federal Av iation Act expressly grants the F

AA the authorit y to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the re quirement that all civil aircraft must have a current airworthiness certificate.
The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §4471 1(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Ad ministrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.Jared Mills’ s sUASs are rotorcraft, weighing 5 lbs or fewer, including pay load. They operat e, under normal conditions at a speed of no more than 35 mph and have the capability to hover, and move in the vertical and horizontal plane simultaneously . They will operate onl y in line of sight and will operate only within the sterile area described in the sUAS's OPERA TI ONS MANUAL , attached as Exhibit 1 (hereinafter “the Manual”). Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” 2
Given the small size of the sUASs involved and the restricted sterile environment within which they will operate, the applicant falls squarel y within that zone of safet y (an equivalent level of safet y) in which Congress envisioned that the F AA must, by exemption, allow commercial operations of UASs to c ommence immediatel y. A lso due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the author ity contained in the Federal Av iation Act, as amended; the strong equivalent level of safet y surrounding the proposed operations, and the significant public benefit, including enhanced safety , reduction in environmental impacts, including reduced emissions associated with allowing UASs for aerial videograph y operations, the grant of the requested exemptions is in the public interest. Accordingly , the applicant respectfull y requests that the F AA grant the requested exemption without delay

. AI RCRAFTAND EQU IV ALENT LEVEL

OF SAFETY The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even hig her level of safet y to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial videography operations conducted with conventional aircraft.
These limitations and conditio ns to which Jared Mills agrees to be bound when conducting commercial operations under an F

AA issued exemption include: 1) The sUAS will weigh less than 10 lbs. 2) Flights will be operated within line of sight of a pilot and/or observer

. 3) Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4) Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 2 00 feet above an elevated platform from which filming is planned. 5) Minimum crew for each operation will consist of the sUAS Pilot as well as the V isual Observer with sUAS's alway s in sight. 6) sUAS Pilot will be Pilot in Command (PI C). If a pilot certifi cate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PI C. 7) The UAS will only operate within a confined “Sterile Area” as defined i n the Manual. A “Security Perimeter” for the flight operations area will be determined prior to flight.

2 Reform Act Section 333 (b).8) A briefing will be conducted in regard to the planned sUAS operations prior to each day ’s

production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safet y perimeter be present for this briefing. 9) The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safet y determination, as required b y Section C of the Manual. With the advanced permission of the relevant FSDO, operations at closer range can be app roved. 10) The operator will submit a written Plan of Activities to the FSDO three day s before the proposed shoot as required in Section E and F of the Manual. 11 ) Pilot and observer will have been trained in operation of UAS generally and received up

- to

- d ate information on the particular UAS to be operated. 12) Observer and pilot will at all times be able to communicate verbally

. 13) W ritten and/or oral permission from the relevant propert y holders will be obtained. 14) All required permissions and permits will be obtained from territorial, state, count y or cit y jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 15) If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre - determined location within the Security Perimeter and land. 16) The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
**14 C.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 for the issuance of airworthiness certificates as required by F AR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be ut ilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 1 1 and Section 333 of the Reform Act. The Federal Av iation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both auth orize the F

AA 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 UAS. In all cases, an anal ysis of these criteria demonstrates that the 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 w ith an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightl y controlled and monitored by both the operator , pursuant to the Manual’ s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The F AA will have advance notice of all operations. These safety enhancements, which alread y apply to civil aircraft operated in connection with aerial production, provide a greater degree of safet y to the public and propert y owners than conventional operations conducted with airworthiness certificates issued under 14 C.F .R. Part 21, Subpart H. Lastly

, applicati on of these same criteria demonstrates that there is no credible threat to national securit y posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a subst antial external load.
**14 C.F .R. § 45.23 (b). Marking of the**  **Air craft** 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 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 inches high, the words "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 UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental ” can be placed. Given the size of the sUA

V, 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 sUA V marked on its fuse lage as required by §45.29 (f) where the pilot, observer and others working with the sUA V will see the identification of the UAS as “Experimental.” The F

AA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 101 67A.
**14 C.F .R. § 61.1**  **13 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.** Sections 61.1 13 (a) & (b) limit private pilots to non

- commercial operations
**.** Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’ s license rather than a commercial pilot’ s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’ s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associ ated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F .R. §61.1 13 (a) & (b).
**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 F AA regulatory st andard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections I and J, 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 sUAS, given its size and configuration has no abili ty 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 sUAS will have immediate access to it. The F AA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, an d 10700.
**14 C.F .R. § 91.103: Pr**  **eflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As F AA approved rotorcraft flight manuals will not be provided for the aircraft an exemptio n will be needed. An equivalent level of safety will be provided as set forth in Sections H and K of the Manual. The PIC will take all actions including 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 may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioni ng dual controls.

**s** UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The F AA has ap proved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a p ilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.
**14 C.F .R. §91.1**  **19: Minimum safe altitudes** Section 91.1 19 establishes safe altitudes for operation of civil aircraft. Section 91.1 19 (d) allows helicopters to b e operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the F AA. As this exemption is for a sUAS that is a helicopter and the exemption requests author ity to 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 set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will b e achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local of ficials. Because of the advance notice to the property owner and participants in the filming activity , all af fected individuals will be aware of the planned flight operations as set forth in Section H of the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial videography industry . In addition, the low

altitude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.1 19.

**14 C.F .R. §91.121**  **Altimeter Settings** This regulation requires each person operating an aircraft to maintai n 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.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manualand Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before

flight.
**14 C.F .R. § 91.151(a):**  **Fuel Requir ements 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 cruising 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 powering the sUAS provides approximately 30 minutes of po wered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS 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 pre determined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corpo ration to operate without compliance with FA R 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be grante d. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
**14 C.F .R. §91.203 (a) and (b): Carrying Civil**  **Aircraft Certification and Registration** The regulation pro vides 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 issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew

. The UAS fully loaded weighs no more th an 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the gr ound control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FA A has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
**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 presc ribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

maintain the aircraft in comp liance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight and operating hand

book as referenced in the Manual (See Section 8). An equivalent level of safety will be achieved because 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 mechanica l issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a lo g 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

.

********* Pursuant to 14 C.F .R. Part 1 1, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules:
14 C.F .R. §21, subpart H; 14 C.F .R 45.23(b);14 C.F .R. §§ 61.1 13( a) & (b );91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.1 19; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial videography o perations. Approval of exemptions allowing commercial operations of sUASs in the aerial videogrpahy industry will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes just f eet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters shown below). Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUA S is carried to the aerial set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight a ircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. **Privacy** All flights will occur over private or controlled access property with the property owner ’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.
Aeria l filming is currently conducted in both day and night environment, as flown today in highly populated and/or urban areas, with turbine powered helicopters. The grant of this exemption request will provide improved safety in both day and night operations. Night operations will also be conducted by sUASs. Such operations are fully lighted so that visibility is as though filming was conducted during daylight hours.Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weigh t, speed, operating

capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation o f applicant’ s UAS in the aerial videography industry pursuant to the Manual appended hereto. Sincerely , Jared Mills 319

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