US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation

October 29, 2015



### Paul LawrenceWerner Photon Electric Inc. 5204Avenida Despacio Laguna Woods, CA 92637 License

### # C-10

### # 367339 ezepilot@m.ac.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SEWashington DC 20590

Re: Exemption Request Pursuantto Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14CFR91.9(b)(2); 14CFR 91.103; 14 CFR 91.109; 14CFR 91.119(c); 14CFR 91.121; 14CFR 91.151 (a); 14CFR 91.203(a) and (b); 14CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuant to the authority contained in 49 U.S.C.106(f), 40113, and 44701.

Dear Siror Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14CFR Part 11 of Unmanned Aircraft Systems (UAS), 

### Paul LawrenceWerner hereby appiiesfor an exemption from the iisted Federal Aviation Regulations ("FARs") to allow commercial operation of Designated l)AS, provided such operations are conducted within and underthe conditions outlined
,. herein or as may be established by the FAA as required by Section 333.Thankyou in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Real Estate 2. Videography

### I Photography 3. Search and Rescue 4. Crops 5. Private and Public Events 6. JobSite Mapping 7. Commercial Photography 8. Job Inspections 9. Movie Entertainment Industry 10.Utility Inspections 11.Solar Inspections 12.Architecturai3D Modeling 13.1nfra Red Camera Inspections

As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicant is



### Paul lawrenceWerner Photon Electric Inc. 5204Avenida Despacio lagunaWoods, CA 92637 license# C-10 # 367339 ezepilot@mac.comFrom which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14CFR 61.113 (a) & (b) 14CFR 91.7 (a) 14CFR 91.9 (b) (2) 14CFR 91.103 14CFR 91.109 14 CFR 91.119 (c) 14CFR 91.121 14CFR 91.151 (a) 14CFR 91.203 (a) 14 CFR 91.405 (a) 14CFR 91.407 (a) 14CFR 91.409 (a) 14CFR 91.417 (a)

As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers orcrew, ratherthan a manned aircraft ofsignificantly greater proportions, carrying crew in addition toflammable fuel, givesthe FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest.

Paul LawrenceWernerWill operate one or more ofthe Following model UAS

DJI Phantom 3 Pro, Inspire 

### 1, Q500 4K, DJI

### 51000, DJI 

### 5800 EVO
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAAgrantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETYThe operation limitations proposed for an equivalent or higher level of safety because operations will further enhancethe safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly lessthan 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day'sflights consisting ofall the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.11. The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flightswill not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operator will obtain verbal/written consent ofall persons involved with the planned operation and ensure that onlyconsenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capabilityto abort a flight in case ofemergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capabilityto abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported tothe FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSBWeb site: www.ntsb.gov.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meetsthe requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthat the UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthat there is no credible threat to national security posed bythe UAS, due to its size, speed of operation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entrance to the cabin, cockpit, orpilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport!' "experimentalfor "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft 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 orexperimental orprovisionally certificated aircraft, the operator must also display on that aircraft
neareach entrance tothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words "limited/'"restrictedf "light sport/"'experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UASwill have no entranceto the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20,2015 The equivalent level of safetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observerand others working with the UASwill see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations mayachieve an equivalent level ofsafety as achieved bycurrent Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the It is believed thatthe operation and limitations set forth in the FOM will equate tothe safe operation ofthe UAS.

14C.F.R. §91.7{a): Civil AircraftAirworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Asthere will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level ofsafetywill be provided. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, oranycombination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual atthe ground control point where the pilot flying the UASwill have immediate accessto it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command totake certain actions before flight to insurethe safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.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 functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fullyfunctional dual controls. Flightcontrol is accomplished through the use ofa control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptionsforflight training without fully functional dual controls for a number of aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neithera pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. Asthis exemption isfor a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will never operate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lackofflammable fuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...tothe elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning 11a flight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes. 11 The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of priorexemptions. Operating the UAS in a tightly controlled areawhere only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believesthat an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or25% of battery power- whichever happensfirst. This restriction would be more than adequateto return the UASto its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UASfully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no abilityor place to carry certification and registration documents or to displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documents at the ground control pointwhere the pilot flying the UAS will have immediate accessto them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. These regulations require thatan aircraft operator orowner 11Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...,11 and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill be achieved because the UAS is very limited in sizeand will carry a small payload and operate only in restricted areas for a limited

·period oftime. If mechanical issues arisethe UAS can land immediately and will

be operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiarwith the aircraft and bestsuited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information.

The applicant 

### Paul LawrenceWerner believes this exemption request and associated safety considerations adequatelysatisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification for the granting of commercial operations ofthe applicant's UAS. Ialso feel its in the public's interest on granting the exemption, as we can educate them at the same time. And all the positive sides ofthe newtechnology and the level ofsafety.

The applicant 

### Paul LawrenceWerner requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notify 

### Paul LawrenceWerner ofyour actions, and orapprovals. Thankyou, for your interest in this request.

Sincerely,



### Paul LawrenceWerner