Luis a C. Wi nters

955 Patuxent Road Odenton, MD 21 11 3 luisawinters@gmail.com Date 1

- 23

- 2016 U. S. Department of T

ransportation Docket Management Sy stem 1200 New Jersey

Av e., SE Wa shington, DC 20590 Petition of Lu isa C. Wi nters for Exemption Pursuant to Section 33 3 o f the F AA Reform Act

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 , Lu isa C. Wi nters, operator of Small Unmanned Aircraft Sy stems (“sUASs”) e quipped to conduct Aerial Photography and Vi deography

, New s gathering, Aerial Survey ing, T

raining, Agricultural support, Law Enforcement support hereby applies for an exemption from the listed Federal Av iation Regulations (“F ARs”) to allow commercial operation of its sUASs, so long as su ch operations are conducted within and under the conditions outlined herein or as may

be established by

the F AA as required by

Section 333.1 As described more full y below, the requested exemption would permit the operation of small, unmanned and relativel y inexpensive sUAS under controlled con ditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Luisa C. Winters to conduct commercial operations of s mall unmanned aircraft s ys tems (“UAS”) m eeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Page 2. Luisa C. Wi nters asks that if any part of this request is deemed not in compliance, that part be removed and process the remaining of this req uest as applicable. Luisa C. Winters is a media and technology specialist that believes the use of sUAS will significantl y benefit their customers. Luisa C. Winters, the owner, ha s extensive e xperience as a UA V Operator

. Personal dedicat ion to safet y and unique experience will be key to the safe operation of the UAS.Luisa C. Winters plans to exploit the capabilities of Unmanned Aerial Sy stems to of fer a multitude of services, including:

- Aerial surveying

- Event Photograph y/ Vi deograph y

- Agric ulture purposes

- Real Estate Photography /V ideography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- News Gathering

- Law Enforcement Assistance

- Tr aining

- Operational Demonstrations Statutory Authority

Section 333 , titled “Special Rules for Certain Unmanned Aircraft Sy stems”, provides a mechanism for seeking expedited F AA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the F AA “shall determine if certain unmanned aircraft sy stems m ay

operate safely

in the national airspace sy stem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required b y section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petiti oner meets all requirements to permit F AA approval of commercial UAS operations. The Petitioner Requests Relief from the Following: Regulations fro m which the exemption is requested: 14 C.F .R. Part 21 14 C.F .R. 45.23 (b) 14 C.F .R. 61.1 13(a) and (b) 14 C.F .R. 91.7 (a) 14 C.F .R. 91.9 (b) (2) 14 C.F .R. 91.109 14 C.F .R. 91.1 19 14 C.F .R. 91.121Page 3 14 C.F .R. 91.151(a) 14 C.F .R. 91.203 (a) & (b) 14 C.F .R . 91.205 (b) 14 C.F .R. 91.215 14 C.F .R. (91.401

- 91.417) Unmanned Aircraft Sy stem sUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmenta l impact which promotes public safety

.We are petit ioning for exemption to enable Luisa C. Wi nters to op erate the DJII nspire , DJ I

Phantom 3 , DJIPhantom 2, DJIPhantom, DJ I F550 equipped with a three

- axis camera gimbal and using a High

- Def camera. This sUAS has the failsafe function of the autopilot sy stem which means when the communication between the Main Controller and the transmitter is disconnected; the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the s ys tem will automatically trigger Return to Home and will land safely

.
Aircraft Gr oss weights are less than 55 pounds with battery and the 3 Axis Camera Gimbal and Camera A Pre

- flight inspection will be performed b y the PIC in ac cordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has an y nicks and cracks with a manufacturers authorized propeller

. The sUAS will be maintained in accordance with the manufacturer ’s instruction manual and only authorized replacement parts will be used.

**FCC Information** This transmitters used for controlling the sUAS complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may

not cause harmful interference, and (2) this devi ce must accept any interference received, including interference that may cause undesired operation. The radio transmitters used for controlling the sUAS is wireless technology which has been tes ted and found to be compliant with the applicable regulations governing radio transmitters in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitters, the PI C will maintain a separation distance of at least 5 cm between the body

(excluding fingers, hands, wrists, ankles and f eet) and the antenna to meet RF exposure safety

requirements as determined by FCC regulations. **Pilot in Command and Observer Qualifications and Duties**  The PI C will maintain at least a Sport Pilot Certificate and a current Class III medical certificate or driver ’s license, plus at least 1 hour flying time and 3 takeoffs and landings within the previous 90 day s in the ty pe of UAS utilized in operations. The PI C will have at least 20 hours to tal time and at least 10 hours fl yi ng Radio Controlled Model Aircraft of wh ich will be 5 hours fly ing sUAS s. Tr aining will be conducted at a local Controlled Access flying field. Lu isa C. Wi nters has the ability to safel y train new s UAS Pilots. The PI C i nstructor will be at all times be able assume control of the sUAS.The PI C is responsible for the safe and ef ficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and propert y Airfield Suitability The Observer must have the visual acuity to observe the sUA

V and be able to communicate clearl y with the PIC. The Observers dut ies are; W arning the PIC of an y i mpending obstacles in the flight path of the sUAS. W arning the PIC of an y deviations in the planned flight path of the sUAS. W arning the PIC should any unauthorized personnel appear in the area of the planned flight. The Ob server will have the authority to order the PI C to terminate the flight should he feel the flight cannot be conducted safely

.
**General Operating S tandards**  Luisa C. Winters will only operate their sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from hazard areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace s ys tem or the public." • Before an operation of a sUA V within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PI C will give the position, altitude and the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 400 feet AGL. W

eather minimum s will be 3 miles visibility and a 1000 foot ceiling. Before an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the PI C will give the right of way to avoid flying in the proximity of full

- scale aircraft. A t no time will the sUAS be operated within the final approach course and the takeoff course of an y runway

. The sUAS will not be operated at an altitude of over 400 feet AGL. We ather minimums will be 3 miles visibility and a 1000 foot ceiling. • Maximum fl ight 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. • The sUA

V will be programmed so that it will be operated at an altitude of no more than 400 feet AGL. • Minimum crew for each operation will consist of the sUAS Pilot, and V isual Observer

.• The sUA V operated b y the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals). • The sUA

V will ope rate at spe eds of no more than 5 0 knots, can hover, and can simultaneously move verticall y and horizontally

. • Given the small size of the sUA V and the restricted sterile environment within which they will operate, our sUA

V operations adhere to the Reform Act's safe ty requirements. The UAS, powered b y batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereb y reduce current risk levels and thereb y enhance safet y and diminish the likelihood of death or serious bodil y injury . With a small pay load and maximum flight time of only 20 minutes, this of

fers little or no risk to national security

. Low level oblique photos and video from several angles are far m ore ef fective than ground based imagery for display ing the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many

potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the s UA S will be valuable to and benefit man y bu ye rs and sellers of real property as well as mitigating risk by not carrying personnel for flight operations. (a) No flight will be made with a Gross weight exceeding 55 pounds; (b) All operations must occur in F AA allowed Class of airspace at no more than 400 ft AGL, at an airspeed of no more than 5 0 knots and no further than V isual line of sight from the PI C; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate b y voice at all times during a flight operation; (d) All required permits will be obtained from state and local governmen t prior to operation;**EXEMPTION REQUESTS AND EQUIV**  **ALENT LEVEL**

**OF SAFETY**  Luisa C. Winters

. requests an exemption from the following regulations as well as an y additional regulations that may

technically

apply to the operation of the sUAs Sy stem: **14 CFR Part 21, Airworthiness Certificates**  This part establishes the procedures for the issuance of an airworthiness certificate. While the FA A continues to work to develop airworthiness standards for Unmanned Aerial Sy stems; we request an experim ental certificate be issu ed for the DJ I Inspire , DJ I Phantom 3 , DJIPhantom 2, DJIPhantom, DJ I F550 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Re** **search and development**

. Te sting new aircraft design co ncepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing compliance with regulations** 

. Conducting flight tests and other operat ions to show compliance with the airworthiness regulations including flights to show compliance for issuance of ty pe and supplemental ty

pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reli ability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations, and customer crew tr aining, we would expect that an experimental certificate would permit our comm ercial purpose as we ll. The aircraft will not carry persons or property , will not carry

fuel, and will only

fl y under strict operational requirements. Combined with the UA's light weight, being constructed primaril y of carbon fiber and plastic, we propose that the UA

will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. I f an experimental airworthiness certificate is n ot appropriate for this application, then we request an exemptio n of 14 CFR Part 2 1, Subpart H, and the requirement for airworthiness certificate in general, citing the equivalent level of safet y outlined in the previous paragraph. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** These regulations provide that each airc raft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally , the aircraft must display the word "EXPERIMENT

AL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUA

V does not have an entrance in which the word "EXPERI MENT AL" can be placed, and may

not have a registration number assigned to it by the F AA. We propose to achieve an equivalent level of safet y b y including the word "EXPERI MENT AL" in the placard on the top of the aircraft, as shown above, where the PI C (Pilot In Control), VO (V isual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally , we feel that the permanent placard d iscussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally , we will display

at the ground station a high contrast flag, sign or banner that contains the words "Unmanned Airc raft in Use" in letters visible at a suitable distance . Since the aircraft will operate within L ine of Sight of the ground station, the banner should be visible to any one that observes the aircraft and chooses to investigate its point of origin.**14 CFR 61.1 13 Private pilot pr**  **ivileges and limitations: Pilot in Command and 61.133**

**Commer cial pilot privileges and limitations.**  The regulation provides that no person that holds a Private Pilot certificate may act as pilot in c ommand of an aircraft for compensation or hire. Subparagra ph (b ) allows a private pilot to act as pilot in command of an aircraft in connection with any bus iness or employ

ment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compe nsation or hire. Our proposed operations require that the PIC must hold at least a Sport Pilot Certificate with a Driver ’s Li cense and since the aircraft cannot carr y passengers or property , we feel we meet the intent of 61.1 13 Subparagraph (b) even though the intent of this application is to conduct a business. **14 CFR 91.7 Pr ohibits the Operation of an air**  **craft without an airworthiness certificate**

. As no such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplica ble. **14 CFR 91.9 Civil air craft flight manual, marking, and placard r**  **equir ements** 

. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. W e assume that the intent of this requirement i s to ensure that flight manual information is available to the aircrew while operating the aircraft. W e request an exemption to this requirement since the aircraft is not only too sm all to carry documentation; the documentation would not be available to th e crew during flight operations. T o obtain an equivalent level of safet y and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station any time the aircraft is in, or preparing for, f

light. **14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests** The regulation states that "No person may operate a civil aircraft that is being u sed for flight instruction unless that aircraft has fully functioning dual controls." T raining will be conducted at a local Limited Access flyingfield. Luisa C. Winters has the abilit y to provide " Safe Dual Tr aining". The PIC instructor will be at all times be able assume control of the sUAS

. **91.1 19 Minimum safe altitudes**  : Gener al. The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicl es or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over propert y or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or propert y on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is m inimal compared to manned aircraft, which should be considered in granting the exemption.**CFR 91.121 Altimeter**  **settings**

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fl y below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeof f point is transmitted via radio from the sUAS on

- board computer to the display screen held by

the PIC, providing a constantly updated AGL

readout. **14 CFR 91.151 Fuel r equir**  **ements for flight in**  **VFR conditions**

. The regulation provides that no person may begin a f light in an airplane under day

- V FR conditions unless there is enough fuel to fl y to the first point of intended landing and to fl y after that for at least 30 minutes. W e feel the intention of this paragraph is to provide an energy reserve as a safet y buf

fer for delay s to landing. T he sUAS is b attery operated and the maximum duration of flight from a single battery charge is 20 minute s with a 25% reserve. Since the aircraft will never fly

more than line of sight from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy re quirement of this paragraph. W e request an exemption to the word "fuel" and ask for an equivale nt interpretation with the word
“ energy". **14 CFR 91.203(a) & (b) Civil air craft: Certifications r**  **equir ed** 

. The regulati on provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally , subparagraph (b) provides that the airworthiness certificate be "di splay ed at the cabin or cockpit entrance so that it is legible to passengers or crew ." At a maxi mum gross weight of 6.1 pounds, the sUAS is too small to carry

documentation, does not have an entrance, and is not capable of carrying passengers or crew . T

o obtain an equiv alent level of safet y and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the F AA will be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently af fixed to the aircraft via p lacard containing the following information plus the word "EXPERIMENT AL" to satisfy

the requirement of 14 CFR 45.23. **14 CFR 9 1.205(a), (b), (c)**  **Instrument and Equipment Requir ements**  This regulation provides a minimum set of instruments and equipment required for day and night VFR flight. Due to the small size of the sUAS it would be impossible to carry man y of these instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller

. 91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than the max imum required by

this exemption and has no ef fect on performance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known EL

T . 91.205 (c) Much of this equipment is too heavy

to be carried by

the sUAS. We feel that visual contact with the sUAS and indications provided via the controller that all critical information can be monitored.**14 CFR Subpart E (91.401**
**- 91.417)** 
**- Maintena**  **nce, Pr eventive Maintenance,**  **Alterations**

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the air craft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to servi ce." The PI C will ensure that the aircraft is in an airworthy condition prior to every

flight and in addition conduct detailed inspections after every two hours of flight. M aintenance performed b y the PI C is limited to repairing small cracks, replacing a p ropeller, chec king electrical connections and updating software and firmware for the on

- board computer

. All other maintenance will be perform ed b y a designated specialist or repair facility . W e feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety

. **Safety and Benefits of the UAS** Luisa C. Winters will be using the UAS in a variety of applications that generall y require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer my riad benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still p hotography , just to name a few

. Replacing significantly

larger manned ai rcraft carrying crew an d flammable fuel with small UAS carr yi ng no passengers or crew creates a much greater margin of safet y for the pilots and crew

. By granting Luisa C. Winters r equested exemptions, the F AA will help drive development of safe and succes sful commercial UAS operati ons and will advance the public knowledge base for such operations. Luisa C. Winters is committed to promoting the UAS research ef forts of policy makers including the F

AA, NASA, DOD and DARP A by sharing data from its commercial UA S operations and serving as a resource for future UAS research operations. Thus, the F AA has good cause to grant this Petition. **Conclusion** As pointed out in this application, all the SUAs whi ch Lu isa C. Wi nters would use, under authorization by

the US DOT

- FA A, are small, light

- weight devi ces operated within the line of sight of the Pilot

- in

- Command (PI C), less than 400 feet above the ground and outside 5 miles from an y airport, heliport, seaplane base, spaceport, or other loc ation with aviation activities, unless the air traf

fic control authorities (A

TC) have been notified and have authorized each flight w ithin a radius of this distance or otherwise allowed by an issued COA. All our SUAs have proven capability for controlled flight. They are devices of fere d for general sale on the market around the world and have often been used as Model Aircraft in the USA. We are certain that the studies conducted until now by the F AA, about Section 332, Public Law 11 2

- 95, 2014, have already provided y ou with the assuranc es on the airworthiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein should be granted

. Lu isa C. Wi nters s hould be permitted to conduct small UAS op erations in accordance with its manuals and all other operating paramet ers deemed necessary and appropriate b y the F

AA.The submission of this application and its contents is the best demonstration that indeed it is

possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonabl y safe conditions. I f an y individual aspect of this request for exemption be unacceptable we ask that it be struck alone and the remainder of the exemption be allowed as requested.

Signed Luisa C. Winters