Thomas J. Russell

600 East 1st Street

Casper, WY

82609

September 28, 2015

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);

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)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

Thomas J. Russell, hereby applies for an exemption from the listed Federal Aviation

Regulations to allow commercial operation of a small 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 small UAS, as described herein, which are equipped with cameras and

sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public

events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

4. 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.

As described fully below, the requested exemption would permit the operation of small 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, phone, email and address of the applicant:

Name: Thomas J. Russell

Phone: (307) 315­6161

Email: tommyrussell0@gmail.com

Address: 600 East 1st Street

Casper, Wy 82609

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

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)

The small UAS's I will be using are multi­rotor craft weighing no more than 55lbs. including

payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots

and have the ability to hover and move along a vertical and horizontal plane simultaneously.

They will operate in line of sight only and by the exempted persons only obeying all other local

and federal laws.

Given the small size of the small 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:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs

first.

4. 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.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC),

the Visual Observer (VO) when needed and may include but not limited to a Camera

Operator.

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

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

7. The PIC will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the

flight operation, and the radius may be reduced to 30 feet based upon an equivalent

level of safety determination, as required under the FOM. With the advanced permission

or direction of the FSDO, operations at closer range may be approved.

8. The PIC and VO will have been trained in operation of small UAS and receive up­to­date

information for the particular small UAS to be operated and will be able to show upon

request their competent ability to operate the small UAS and/or Camera.

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

10. 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 when needed.

11. If the small UAS loses communications or loses GPS signal, the small UAS will have the

capability to return to a pre­determined location within a designated location and land

autonomously.

12. The small 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 small UAS. In all cases, an

analysis of these criteria demonstrates that the small 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 small 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. 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

small 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 light­sport 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," "light­sport," "experimental," or

"provisional," as applicable. Even though the small UAS will have no airworthiness certificate, an

exemption may be needed as the small 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 small UAS,

two­inch 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 small

UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others

working with the small UAS will see the identification of the small UAS as "Experimental."

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

Pursuant to 14 CFR 61.113 (a), 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. Our

small UAS do not carry any pilots or passengers nor property therefore I am seeking an

exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control

piloting skills. The risks attendant to the operation of small 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 small 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 checklists 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 small 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 small 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 OPERATOR will take all actions including 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. Small 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 ofthe 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 small 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 small UAS will never operate at higher than 400 AGL with the exception that in

circumstances where the small UAS is used to survey or photograph a structure whose height

exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest

point on the structure. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their preobtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the small 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 551bs. 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 low­altitude operations of the small UAS will ensure separation

between these small­ 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 small 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 small UAS provides approximately 30 minutes of powered flight. To

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited

to approximately 10 minutes in length. Given the limitations on the small 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

small 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 small 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 30 minutes or 25% of battery

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

small 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) ofthis 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 small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board

pilot. As such, there is no ability or place to carry certification and registration documents or to

display them on the small UAS. An equivalent level of safety will be achieved by keeping these

documents at the ground control point where the pilot flying the small UAS will have immediate

access to them; to the extent they are applicable to the small 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 these small UASs are very limited in size and will carry a small payload and

operate only in restricted areas for limited periods of time. If mechanical issues arise the small

UAS can land immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the small 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 small UAS Manufacturer's Manual, as referenced in the

Aircraft Operations Manual (AOM}. As provided in the FOM, the operator will ensure that the

small UAS is in working order prior to initiating flight and perform required maintenance needed.
Small UAS Information Small

UAS's to be used are as follows but not limited to providing they are within the scope of the

exemption granted by the FAA:

● DJI Phantom 3

○ Weight (Battery & Propellers Included) ­ 2.8211bs.

○ Hover Accuracy­ Vertical:+/­ .33ft (when Vision Positioning is active) or +/­ 1.64ft

Horizontal: +/­ 4.9 ft

○ Max Yaw Angular Velocity ­200°/s

○ Max Tilt Angel ­35°

○ Max Ascent Speed ­16 ft/s

○ Max Descent Speed ­ 9 ft/s

○ Max Flight Speed ­36m ph

○ DJI Phantom 3 Battery

■ DJI 4480mAH LiPo Battery

○ DJI Phantom 3 Gimbal

■ Controllable Range­ Pitch ­90 degrees to +30 degrees

■ Stabilization­ 3­axis (pitch, roll, yaw)

○ DJI Phantom 3 Camera

■ Operating Temperature Range ­32°F ­104°F

■ Sensor Size ­1/2.3 in.

■ Effective Pixels ­14M

■ Resolution ­4384x3288

■ HD Video Recording

● UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

● FHD: 1920x1080p 24/25/30/48/50/60

● HD: 1280x720p 24/25/30/48/50/60

■ Recording Field of View ­110°/85°

○ DJI Phantom 3 Transmitter

■ Operating Frequency ­2.400GHz ­2.483GHz

■ Communication Distance (unobstructed) ­FCC Compliance: 2400 ft

■ Receiver Sensitivity (1%PER) ­101dbm +/­ 2dbm

■ Transmitter Power ­FCC Compliance: 20dbm CE: 16dbm

In conclusion, thank you for your thoughtful consideration of these exemptions, I looks forward

to hearing from you.

Sincerely,

Thomas J. Russell