U.S. Department of

Transportation Docket

Management System

1200	New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333	of the FAA Reform Act and Part 11

of the Federal Aviation Regulations from:	 14 CFR 21 subpart H; 14 CFR 45.23(b); 14

CFR 61.113(a) and (b); 14 CFR 91.7(a); 14	CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR

91.109; 14	CFR 91.119(c); 14 CFR 91.121; 14 CFR

91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409	(a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

“Reform Act”) and 14 CFR Part 11, James	Bryant owner of JBSoftwarez operator of an

Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so

long as such operations are conducted within and under the conditions outlined

herein or as may be established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with

camera(s) and sensors, would operate in the following manner:

Aerial photography and/or video for public and/or private use including real

estate, architecture, land surveying, engineering and other related

professional activities.

Aerial video and/or photography for public and/or private use including

television, public events, cinematography and news gathering.

Aerial inspection/photography	 of residential/commercial structures under

contract with the owners or local government authority.

Aerial video/photography or providing live video feed to assist with search and

rescue operations in cases of an emergency or natural disaster only when the

local authorities or government has requested it by contract or donation.

The ability to offer training to persons individually or belonging to both private
and/or public organizations that have interests in the use and application of

a UAS	for the purpose of the safe operation of a UAS to enhance the safety of

the National Airspace System (NAS) as well as for the protection of the

persons and property.

As described fully below, the requested exemption would permit the operation of a

UAS under controlled conditions in the	NAS that would be a) limited b) controlled c)

predetermined and d) will provide safety enhancements to the already safe

operations in the industry presently using conventional aircraft.		 Approval of this

exemption would thereby enhance safety and fulfill the
Secretary of Transportation’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 of the applicant is:

James	L	Bryant, JBSoftwarez

5615	E	Overall	Creek	Road

Rockvale,TN	37153

615-582-9870

james@jbsoftwarez.com

Regulations from which the exemption is

requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113	(a) & (b)

14 CFR 91.7	(a)

14 CFR 91.9	(b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203	(a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407	(a) (1)

14 CFR 91.409	(a) (2)

14 CFR 91.417 (a) & (b)

JBSoftwarez will operate the Yuneec Typhoon Q500, with a total weight of 60 oz. or

3.75 lbs.	 The Q500 dimensions are 16.5”x16.5”x22.2”.			Under still air the maximum

speed is no more than 25mph. The Q500 has the ability to hover and move along a

vertical and horizontal plane simultaneously.	 The Q500 has four motors, powered

by a 5400mAh 3s Lithium Polymer battery.

There are four propellers in use. The Q500 has a radio control frequency band of

2.4GHz with 10 channels and a 5.8 GHz video downlink.	 The Q500 will be controlled

with the	ST10 personal ground station compliant with part 15 of FCC rules and

operating frequency of 10 channels and android operating system which operates up

to 800 meters.	 When maximum range is reached, the Q500 stops	and backs slowly
until connection is made once again with the ST10.		 The ST10 has a capacitive multi

touch 4.5” LED backlit LCD screen which displays all flight systems telemetry data.

The ST10 also provides vibrating and audible feedback.		 The Yuneec Q500 is

programmed to fly no higher than

400’ AGL and not fly within 4 miles of any U.S. Government “no fly zone” or Airport

Reference Point (ARP). The applicant will operate the UAS in visual line of sight

within a closed off and predetermined		area owned and/operated by the property

representative(s) under their permission with a predetermined flight plan with

winds of no more	than 8 mph.
Given the small size of the UAS and the controlled environment provided the

proposed operations will adhere to the	Reform Act’s safety requirements. The

approval of this 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 of the requested exemption is in the public interest.			

Accordingly the applicant requests that the FAA grant the requested exemption

with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety

because operations will further enhance the safety of the persons and/or property

using conventional aircraft.

These limitations and conditions to which the applicant agrees		to adhere to when

conducting commercial operations under the FAA issued exemption as set forth in

the Flight Operations Manual (FOM) include:

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating speed of no more than 50mph.

Flights will be operated within line of sight of the Pilot in Command (PIC) and/or

Visual Observer (VO).

Maximum flight time for each operational flight will be 20 minutes.	 Flights will

be terminated at 25% battery power reserve or 20 minutes of flight time

whichever occurs first.

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.

Minimum crew for each operation will consist of the UAS Pilot, the	Visual

Observer (VO) and may include but not limited to a Camera Operator.

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

A briefing will be performed regarding the planned UAS operations prior to each

day’s flight consisting of all the days’ production activities.

All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.
The flights will occur no closer than a 5 mile radius of the geographic

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled

airport.

The PIC and VO will have been trained in operation of UAS	and receive up-to-date

information for the particular UAS to be operated.

The PIC and VO will be able to communicate	by voice or radio at all times.

Written and/or verbal permission and permits will be obtained from territorial,

state, county or
city jurisdictions, including law enforcement,		fire or other appropriate

governmental agencies.

If the UAS loses communications with the remote controller or loses GPS signal,

the UAS will have the	capability to return to a pre-determined location

within a designated location and land autonomously.	 The ST10 ground

station provides a “Home” switch for this situation.

The UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, 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 FAR

§91.203 (a) (1). Given the	size and limited operating area associated with the aircraft

to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the

requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the

Reform Act both authorize the FAA 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 analysis 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 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 or flammable liquid fuels, and

operates exclusively within a secured and designated area. Unlike other civil aircraft,

operations under this exemption will be tightly controlled and monitored by both

the operator and under the requirements and in compliance with local public safety

requirements. The FAA will have advance notice of all operations. These

safety enhancements provide a greater degree of safety to the	public and property

owners than conventional operations conducted with airworthiness certificates

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security 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 substantial external load.

14 C.F.R.	§ 45.23 (b). Marking of the 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 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 UAS, 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 UAS marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working

with the UAS will see the	identification of the UAS as “Experimental.”

14 C.F.R. § 61.113	(a) and (b): Private Pilot Privileges and Limitations: Pilot in

Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot	 certificate

may act as a pilot in command of an aircraft that is carrying passengers or property

for compensation or hire. JBSoftwarez may achieve an equivalent level of safety as

achieved by current Regulations because the applicant’s UAS do not carry any pilots

or passengers nor property. The risks attendant

to the operation of UAS is far less than the risk levels inherent in the commercial

activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the

FOM will equate to the safe operation of the	UAS.

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 FAA regulatory standard will exist for

determining airworthiness.	 Given the size of the aircraft for maintenance and use

of safety check lists prior to each flight 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 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 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 UAS will have

immediate access to it.

14 C.F.R. § 91.103: Preflight Action.
This regulation requires each pilot in command to take certain actions before flight

to insure the safety of flight. 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 under Normal Procedures including but not limited to 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 functioning dual

controls. UAS 	 	 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 FAA has

approved exemptions for flight training without fully functional dual controls for a

number of aircraft and for flight instruction in experimental aircraft. The equivalent

level of safety provided by the fact that neither a pilot nor passengers will be carried

in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119:	Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119

(d) allows helicopters to be operated at less than the minimums prescribed,

provided the person operating the helicopter complies with any route or altitudes

prescribed for helicopters by the FAA. As this exemption is for a UAS that is a

helicopter and the exemption requests authority 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,

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 be 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 officials. Because of the advance notice to

the property owner and 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 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 addition, the low- altitude operations of the UAS will ensure separation

between these UAS operations and the operations of conventional aircraft that must

comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft		to maintain 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 UAS

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 safety check list and live flight data
monitoring, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 C.F.R.	§	91.151(a): Fuel Requirements 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 UAS provides approximately 25 minutes of powered flight. To

meet the 30
minute	reserve requirement in 14 CFR §91.151, UAS 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 predetermined

area, a longer time frame for flight in daylight or twilight VFR conditions is

reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope

of prior exemptions.		 Operating the 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 UAS flights to 10 minutes would greatly reduce the

utility for which the exemption will be granted. Applicant believes that an equivalent

level of safety can be achieved by limiting flights to 20 minutes or 25% of battery

power— whichever happens first. This restriction would be more than adequate to

return the	UAS to 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 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 than 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 UAS.

An equivalent level of safety will be achieved by keeping these documents at the

ground control point where the pilot flying the UAS will have immediate access to

them, to the extent they 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 that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required
inspections, except as provided in paragraph (c) of this section, have discrepancies

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

maintain the aircraft in compliance 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 manual and operating

handbook. An equivalent level of safety will be achieved because the UAS is very

limited in size and will carry a small payload and operate only in restricted areas for

a
limited period of time. If mechanical issues arise the UAS can land immediately and

will be	operating from no higher than 400 feet AGL. The operator will ensure that

the UAS is in working order prior to initiating flight, perform required maintenance,

and keep a log 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.

An equivalent level of safety will be achieved because maintenance and inspections

will be performed in accordance with the UAS Manufacturer's User Manual.	 As

provided in the FOM, the operator will ensure that the UAS is in working order prior

to initiating flight and perform required maintenance needed.

Additional Information

The applicant, William P. Bonner, JBSoftwarez has an understanding of the

capabilities and safety concerns involved in using this technology as an asset to the

community. Satisfaction of criteria provided in Section 333 of the Reform Act of

2012 provide more	than adequate justification for the grant of the requested

exemptions allowing the commercial operation of the applicant’s UAS.

Sincerely,

James	L.	Bryant

Second attachment: Yuneec Q500 manual