US Department of Transportation 

Federal Aviation Administration 

800 Independence Ave., 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 over persons 

that are not directly involved with tt)e project All operations will.be performed with the public's 

safety and right to 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 of the national airspf!ce, the public or the environment. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operqtes 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 maxi mull] flight time of only 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 imagery for Qisplaying the characteristics of large, complex properties with several 

buildings and large tre13s. The alternative could be to charter a full-sized helicopter for 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 hands to visually track the UA while in flight. 

Additionally, we request that 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 subject to all limitations cited in this application as we ~o so. 

The UA will 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 must occur in FAA Class G airspace at no more than 400ft AGL, at an 

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 by voice at all times during a flight operation; 

d) Operations will be restricted to flights over property with the permission of the property owner; 

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least 

ten hours logged as a UA pilot with a similar UA type; 

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 UA System 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 UA System 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 restricted to day only and weather conditions equivalent to VFR; 

m) The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location; 

n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight (see Appendix A). 

The PIC and VO will meet the 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 of tlleir initial training. 

We submit that the combination of the UA's light weight, flight performance and ability, fully 

qualified flight crew and strict operation under the guidelines established in 8900.227, and under 

all of the Restrictions (a) through (n) listed above, the FAA can have full confidence that the 

operation will have an equivalent or weater level of safety than manned aircraft performing the 

same mission. 
The name and contact information of the applicant are: 

Michael E. Noble 

Physical address: 

541 Jetton 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 below together with our 

proposed equivalent level of safety for each regulation: 

- 14 CFR Part 21 

- 14 CFR 91.203 

- 14 CFR 45.23, 45.29 

- 14 CFR 91.9 

- 14CFR61.113,61.133 

- 14 CFR 91.109, 91.119,91.121 

- 14CFR91.151 

- 14 CFR 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 of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any lime if you require additional information or 

clarification. We look forward to working with your office. 

Sincerely, 

Michael E. No le 

Addendum containing Exemption Requests and Equivalent Level of Safety 

Appendix - Flight SOPs 
ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

I, Michael E. Noble request an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the UA system: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the UA System under either or both of the 

following provisions: 21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development Testing new aircraft design concepts, new aircraft equipment, 

new aircraft instailations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we would expect that an 

experimentai certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA's light weight, being constructed primarily 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. 

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety 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 that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." 

At a maximum gross weight of 6.5 pounds, the UA is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent 

level of safety and meet the intent of 91.203, we propose that documents deemed appropriate 

for this aircraft by the FAA will be co-located 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 affixed to the 

aircraft via placard containing the manufacturer's and model information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 
14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. 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 by the FAA. 

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" 

in the placard on the top of the aircraft, as shown above, where the PIC, VO 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 discussed 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 or banner that contains the words "Unmanned Aircraft 

Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM 

of the ground station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin. 

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 in the 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 of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. 

Our proposed operations require that the PIC must either 

1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of flight 

experience in this type of UA, or 

2. Meet the requirements of 8900.227 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 for the pilot of a 

UAS to gain the experience in an equivalent category and class in order to apply for a 

commercial pilot's license, we propose to generate an equivalent level of safety 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 of this application is to conduct a business. 
14 CFR 91.109 Flight Instruction; Simulated lnstrumentfllght and certain flighttests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

The UA System ground-based control station consists of a small hand-held radio transmitter 

and while it does not offer a second set of "controls", both the student and instructor can, and 

will, operate the single set of controls simultaneously. With both student and instructor having 

"hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a 

maximum of 400 feet AGL, we cannot comply with this requirement. 

In order to provide an equivalent level of safety we will only fly over private property with a size 

of at least two acres with the permission of the owner of the property flown over. The aircraft will 

not be operated over congested areas or over any open air assembly of persons. The property 

owner will be briefed on the expected route of flight and the. associated risks to persons and 

property on the ground. The aircraft will be operated at a low altitude allowing, if a 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 of the 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 of the aircraft. 

The UA will always fly 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 takeoff point is transmitted via radio from the UA on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight In VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 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 ask for an equivalent interpretation with the word "energy". 
14 CFR Subpart E (91.401 • 91.417) ·Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person au1horized under 

43.7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service. The PIC 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. 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 repair facility. The PIC will document work 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 of safety. 

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 FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. 

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 and the VO are required to be in VLOS. Given the unlikely 

event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the 

UA will return autonomously to the site of launching and land without crew intervention. 

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial 

pilot carrying passengers in a large aircraft is an unnecessary burden. 

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the 

PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a 

much larger vehicle. 

APPENDIX- FLIGHT SOPs 

FLIGHT RESTRICTIONS 

a) No flight will be made with a UA Gross weight exceeding 55 pounds; 

b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an 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 verbally at all times during a flight operation; · 

d) Operations will be restricted to flights over property with the permission of the property owner; 

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least 

ten hours logged as a UA pilot with a similar UA type; 

f) All required permits will be obtained from state and local government prior to operation; 

g) The ME System will not be operated over densely populated areas; 

h) The ME System will not be operated at air shows; 

i) The ME System will not be operated over any open-air assembly of people; 
j) The ME System will not be operated over heavily trafficked roads; 

k) The ME System will not be operated within 5 NM of an airport or heliport; 

I) Operations will be restricted to day only and weather conditions equivalent to VFR; 

m) The PIC will brief the VO and property owner about the operation and risk before the first 

flight 

at each new location; 

n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight. 

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 if necessary. 

4. Gimbal is functioning as normal. 

5. Motors can start and are functioning as normal. 

6. DJI Pilot app connected to the aircraft. 

TO REGAIN CONTROL AFTER LOST RADIO CONTACT 

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature 

is activated and will bring the UAV back to the PIC.