### US Department ofTransportation Federal Aviation Administration 800 IndependenceAve., S.W. Washington, D.C. 20591 Michael 

### E. Noble PO Box 2407 Davidson, NC 28036 mknb22@gmail com 704-213-3702 cell phone
September 14, 2015

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11; I, Michael E. Noble, seek an exemption from the Federal Aviation Regulations (FAR's) detailed below for the operation of Unmanned Aircraft (UA) and ground station-based equipment and crew.

I operate in the Lake Norman area of North Carolina. I am requesting exemption from regulations listed below to perform aerial photography and videography primarily of real estate, landscape, resorts, boats, community events and marine property, never operating overpersons that are not directly involved with tt)e project All operations will.be performed with the public's safety and rightto privacy

**safeguar~ed** 

### at all times.

The UA is a rotorcraft weighing less than 55 pounds including payload (The DJI Phantom 3 Vision Quad Copter). It operates at a speed less than 50 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. It has an auto return to launch point when battery power is under 25%. The UA will operate within the line of sight, within a protected flight area as described below and at 200 feet AGL or less with an observer located close at hand as to make voice cqmmunication possible. These operations will not create a hazard to users ofthe national airspf!ce, the public orthe environment.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, itoperqtes at lower altitudes with no people on board and will thereby reduce current risk levels, will enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximull] flighttime ofonly 18 minutes, this offers little or no risk to nqtional security.

Low level oblique photos and Video from several angles are far more effective than groundbased imageryfor Qisplaying the characteristics of large, complex properties with several buildings and largetre13s. The alternative could beto charter a full-sized helicopterfor this purpose, which has prpven more

**co~tly** 

### than many potential clients are qble to afford. The benefits of ret;luced cost and if11prov13d quality of presentation from the L!A will be valuqble and beneficial to mqny buyers and sellers of real property and marine propf'lrty.The ground based part of the operation consists of a Pilot in Command (PIC) in operational control of the flight from beginning to end, who controls the UA while in the air, a 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight and a visual observer (VO) who provides a second pair of handsto visually track the UAwhile in flight.
Additionally, we requestthat we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we**~o** so.

The UAwill be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:
a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations mustoccur in FAA Class G airspace at no more than 400ftAGL, atan airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate byvoice at all times during a flight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UApilot with a similar UAtype; f) All required permits will be obtained from state and local government prior to operation; g) The UA system will not be operated over densely populated areas; h) The UASystem will not be operat13d at air shows; i) The UA System will not be

### operat~d over any open-air assembly of people; 

### j) The UASystem will not be operated over heavily trafficked roads; k) The UA System will not be operat13d within 5 NM of an airport or heliport; I) Operations will be restrictedto day only and weather conditions equivalentto VFR; m) The PIC will brief the VO and property owner aboutthe operation and risk before the first flight at each new location; n) No flight may be made without a Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe for flight (seeAppendixA).

The PIC and VO will meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part oftlleir initial training.

We submit that the combination ofthe UA's light weight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAAcan have full confidence thatthe operation will have an equivalent orweater level ofsafetythan manned aircraft performing the
same mission.The name and contact information ofthe applicant are:

Michael E. Noble Physical address: 541Jetton Street Davidson, NC 28036
Mailing address: P0Box2407 Davidson, NC 28036

Phone number: 704-213-370233 Email: mknb22@gmail.com

The regulations from which the exemption is requested are listed belowtogetherwith our proposed equivalent level ofsafety for each regulation:

- 14CFR Part 21

- 14 CFR 91.203

- 14CFR 45.23, 45.29

- 14CFR 91.9

- 14CFR61.113,61.133

- 14CFR 91.109, 91.119,91.121

- 14CFR91.151

- 14CFR Subpart E (91.401

- 91.417)

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

We are prepared to modify or amend any part ofthis requestto satisfythe need for an equivalent level ofsafety. Please contact us at anylime ifyou require additional information or clarification. We lookforward to working with your office.

Sincerely,

Michael 

### E. No le

Addendum containing Exemption Requests and Equivalent Level of Safety Appendix

- Flight SOPsADDENDUM EXEMPTION REQUESTSAND EQUIVALENT LEVEL OFSAFETY

I, Michael 

### E. Noble request an exemption from thefollowing regulations as well as any additional regulations that maytechnically applytothe operation ofthe UAsystem:

14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standardsfor UnmannedAerial Systems, we request an experimental certificate be issued forthe UA System under eitheror both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthefollowing purposes: (a) Research and developmentTesting new aircraft design concepts, new aircraft equipment,
new aircraft instailations, newaircraftoperating techniques, or new usesfor aircraft. (b) Showing compliance with regulations. Conducting flighttests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flightsto substantiate majordesign changes, and flights to show compliance with thefunction and reliability requirements ofthe regulations. Since the experimental certificate can be usedfor commercial purposes such as market surveys, sales demonstrations, and customer crewtraining, we would expectthat an experimentai certificate would permitourcommercial purpose as well.

The aircraft will notcarry persons or property, will notcarryfuel, and will onlyfly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily of carbon fiber and plastic, we propose thatthe UAwill be at least assafe, if notsafer, than a conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is notappropriate forthisapplication, then we request an exemption of 14CFR Part 21, Subpart H, and the requirementfor an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation 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 thatthe airworthiness certificate be "displayed atthe cabin or cockpit entrance so that it is legible

### to passengers orcrew."

At a maximum gross weightof6.5 pounds, the UA is too small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of91.203, we proposethat documents deemed appropriate for this aircraft bythe FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the manufacturer's and model information plus the word "EXPERIMENTAL"to satisfythe requirement of 14CFR 45.23.14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

### These regulations provide that each aircraft mustdisplay "N" and the aircraft's registration number in letters at least3 inches high. Additionally, the aircraft mustdisplaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilotstation. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it bythe FAA.

We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others inthe vicinity ofthe aircraftwhile it is preparing for launch will be able to see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrastflag orbannerthat containsthe words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should bevisible to anyone that observes the aircraft and chooses to investigate its pointoforigin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

### This regulation provides that no person may operate an aircraft unless a current, approved flight manual is inthe aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. 

### The regulation provides that no person that holds a private pilot certificate may act as pilot in command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act
as pilot in command of an aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does notcarry passengers or propertyfor compensation or hire.

Our proposed operations require thatthe PIC must either 1. Hold a Commercial Pilot Certificate issued bythe FAA, and have logged 25 hours offlight experience in this type of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass ''the FAA Private Pilot written examination." Since there are currently no means available forthe pilot of a UAS to gainthe experience in an equivalent category and class in orderto apply for a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent ofthis application isto conduct a business.14CFR 91.109 Flight Instruction; Simulated lnstrumentfllghtand certain flighttests The regulation statesthat "No person mayoperate a civil aircraftthat is being used forflight instruction unlessthat aircraft hasfullyfunctioning dual controls." The UA System ground-based control station consists of a small hand-held radio transmitter and while itdoes notoffer a second setof "controls", both the student and instructor can, and will, operate the single setofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, wefeel thatthistechnique meetsthe intent 91.109 and provides an equivalent level ofsafety.

14 CFR 91.119 Minimum safealtitudes: General. The regulation statesthat oversparsely populated areasthe aircraft cannot be operated closer than 500feetto any person, vessel, vehicle, orstructure. Sincethe aircraft will be operating at a maximum of400feetAGL, we cannot comply with this requirement.

In orderto provide an equivalent level ofsafetywewill onlyflyover private property with a size of at leasttwo acres with the permission ofthe owner ofthe propertyflown over. The aircraft will not be operated over congested areas orover any open air assembly of persons. The property ownerwill be briefed on the expected route offlight andthe. associated risks to persons and property on the ground. The aircraftwill be operated ata lowaltitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft.

The UAwill alwaysfly below400 feetAGLand will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. AnAbove Ground Level altimeter measurement above thetakeoff point istransmitted via radio from the UA on-board computerto the display
screen held bythe PIC, providing a constantly updatedAGL readout.

14 CFR 91.151 Fuel requirements forflight In VFR conditions. The regulation providesthat no person may begin a flight in an airplane under day-VFR conditions unlessthere is enough fuel tofly to the first point of intended landing and to flyafter thatfor at least30 minutes.

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than 314 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and askfor an equivalent interpretation with the word "energy".14 CFR Subpart E (91.401 • 91.417) ·Maintenance, Preventive Maintenance, Alterations The regulation providesthatthe operator is primarily responsible for maintaining the aircraft in
an airworthy condition, including compliance with part39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service bya person au1horized under 43.7" after maintenance and inspection.

It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service. The PIC will ensure thatthe aircraft is in
an airworthy condition prior to every flight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repairfacility. The PIC will documentwork performed in accordance with 91.417.

We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAAsecond-class medical certificate issued under part 67 in order

### to perform as a pilot orobserver.

The UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC andthe VO are required to be in VLOS. Given the unlikely eventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslytothe site of launching and land without crew intervention. Therefore, requiringthe PIC and VO to meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We proposethatthe minimum medical requirements forthe PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license.The 20/20vision requirement will ensure thatthe PIC and VO can see and avoid airtraffic; a licensed driver is medically qualifiedto operate a much largervehicle.

APPENDIX- FLIGHT SOPs

FLIGHT RESTRICTIONS a) Noflightwill be made with a UAGross weight exceeding 55 pounds; b) All operations mustoccur in FAA Class G airspace at no more than 400'AGL, atan airspeed of no more than 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able

### to communicate verbally at all times during a flightoperation; · d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UApilotwith a similar UAtype; 

### f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at air shows; i) The ME System will notbe operated over any open-air assembly of people;

### j) The ME System will not beoperated over heavilytrafficked roads; k) The ME System will not beoperated within 5 NM ofan airport or heliport; I) Operations will be restricted to dayonly and weather conditions equivalentto VFR; m) The PIC will brief the VO and property owner aboutthe operation and risk before the first flight at each new location; n) No flight may be made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UAis in a condition safe forflight.

PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted ifnecessary. 4. Gimbal isfunctioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft.

TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lostand not restored within 3 seconds, an automatic Return to Homefeature is activated and will bring the UAV backtothe PIC.