# UAS ExemptionforBradleyPierce2015

April 25, 2015

U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington DC 20590

Bradley Pierce 27 West Sutton Rd Sutton, MA 01590

Re: Exemption Request Pursuantto Public Law 112-95, Section 333 ofthe FAA Reform Act and Part 11 ofthe Code of Federal Regulations from: 14 CFR 21 subpart H; 14 CFR 47.3(b)(2); 14 CFR 47.31(c); 14 CFR 91.9(b)(2); 14 CFR 91.109(a); 14 CFR 91.119(d)(1); 14 CFR 91.121; 14 CFR 91.131(b)(1); 14 CFR 91.131(d)(1)&(2); 14 CFR 91.203(a)&(b); 14 C.F.R. 91.403(b)&(c); 14 CFR 91.405; 14 CFR 91.407; 14 CFR 91.409 and 14 CFR 91.417. Note: 14 CFR Part61 in its currentform applies to mannedaircraft. 14 CFR 61.3 refers specificallyto flightcrewmembers who is definedin Part 1. 1as a pilot, flight engineer, orflightnavigatorassignedto duty "in an aircraft"during flighttime; therefore no exemptions from Part61 is being soughtforas itis notapplicable atthe time ofthis exemption request.

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Bradley Pierce, operator ofa small Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits UAS, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.

The exemption would permit Bradley Pierce to operate a small Unmanned Aircraft System (UAS) forthe commercial purposes stated in DocketNo.: FAA-2015-0150; Notice No.15-01, including aerial video and photography overcertain
areas ofthe United States. Briefly described:

1. Aerial photography and/orvideo 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, cinematography and news gathering. 3. Aerial inspection/photography of residential/commercial structures under contractwith the owners or local government authority. 4. Aerial inspection/photography ofresidential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assistwith search and rescue operations in cases ofan emergency or natural disasteronly when the local authorities orgovernment has requested it by contract and/or donation. 6. The ability to offertraining to persons individually or belonging to both private and/or public organizations that have interests in the use and application ofa UAS forthe purpose ofthe safe operation ofa UAS to enhance the safety ofthe NationalAirspace System (NAS) aswell as forthe protection ofthe persons and property.

As described fully below, the requested exemption would permitthe operation ofa UAS under controlled conditions in the NAS thatwould 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 ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's and the FAAAdministrator's responsibilities to "

....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system.



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# UAS ExemptionforBradleyPierce2015

The name, address and contact information ofthe Petitioner is:
Bradley Pierce 27 West Sutton Rd Sutton, MA 01590 Cell Phone: 508 335 3871 brp@starfleetaudio.com
Regulations from which the exemption is requested: 14 CFR Part21 subpart H 14 CFR 91.131(b)(1) 14 CFR 47.3(b)(2) 14 CFR 91.131(d)(1)&(2) 14 CFR 47.31(c) 14 CFR 91.203(a)&(b) 14 CFR 91.9(b)(2) 14 C.F.R. 91.403(b)&(c) 14 CFR 91.109(a) 14 CFR 91.405 14 CFR 91.119(d)(1) 14 CFR 91.407 14CFR91.121 14CFR91.409 14 CFR 91.417
Description and specifications of UAS to be used by the Petitioner

DJI Phantom 3 Professional Weight (including battery and propellers) 2.8 pounds Diagonal size (including propellers) 23.3 inches Max Speed 35.8 mph (no wind) GPS Mode GPS/GLONASS Aircraft means ofpropulsion

# =Electric via Lithium Polymer Batteries Battery Capacity 4480 mAh Voltage 14.8 Volts Max FlightTime Approximately 23 minutes

3D Robotics Solo Weight (including battery and propellers) 3.8 pounds Diagonal size (including propellers) 16.1 inches Max Speed 55 mph (no wind) GPS Mode GPS/GLONASS Aircraft means ofpropulsion

# =Electricvia Lithium Polymer Batteries Battery Capacity 5200 mAh Voltage 14.8 Volts Max FlightTimeApproximately 20 minutes

The Petitionerwill operate the UAS in line ofsightwithin a predetermined area owned and/operated by the property representative. Given the small size ofthe UAS and the controlled environment provided, the proposed operationswill adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly the Petitioner requests thatthe FAA grantthe requested exemption with minimum delay.

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# UAS ExemptionforBradleyPierce2015

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety of persons, property and also manned aircraft in the NAS. These limitations and conditions to which the Petitioner, hereafter referred to as the operator, agreesto adhere to when conducting commercial operations underthe FAA issued exemption limitations, and as setforth in the Flight Operations Manual (FOM) include:

1. The small UAS, as specifically designated and described in this petition, will weigh less than 55 lbs including payload. 2. The UAwill be operated within visual line ofsight (VLOS) at all times by the operator orvisual observers. (VO). 3. The UAwill remain close enough to the operator so that human vision unaided by any device otherthan corrective lenses will be used. 4. The UAwill not be operated over persons not directly involved in the operation unless those persons remain under a covered structure. 5. The UAwill only be operated during daylight (official sunrise to official sunset oflocal operation area) unless specific authorization from the FAA is granted prior to operations. 6. The operator may use VOs for certain operations and will ensure each VO is trained on procedures listed in the operator's FOM. 7. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour) using ground speed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no casewill the UA be operated at airspeeds greaterthan the maximum UA operating airspeed recommended by the aircraft manufacturer. 8. The UAwill be operated at an altitude ofno more than 500 feet above ground level (AGL). Altitude will be measured in feet AGL. Ifan objectto be inspected, such as an antenna, exceeds 500 feetAGL, the operator will limitthe flightto within 200 feet higherthan the structure being photographed. The operatorwill notify the FAA and local authorities ofthe proposed plan to include date, time, location and height ofthe object to be inspected priorto operations. The UAwill be flown in safe manner in close proximity to the object as to not interferewith traffic in the NAS. 9. The UAwill not be operated unless visibility is greaterthan day requirements listed in 14 CFR 91.155 forthe Class ofairspace atthe operator's ground station, on location. 10. The UAwill not be operated in Class A airspace (18,000 feet and above). 11. The operatorwill receive ATC permission priorto operations in Class B, C, D and Eairspace. 12. The operatorwill ensure that any VOs, ifused, will only monitor one UA at any given time. 13. The operatorwill not allow operations from a moving vehicle or aircraft, exceptforwatercraft on the water. 14. The operatorwill not conduct any careless or reckless operations. A flight will be terminated immediately as possible ifthe safety ofthe operation cannot be maintained. 15. Priorto each flight, the operatorwill conduct a pre-flight inspection and determinethe UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, logged and the UAS is found to be in a condition for safe flight. 16. The operatorwill not operate any UA ifa physical or mental condition would preventthe safe operation ofthat aircraft. 17. When using aVO orVOs, the operator and VO must be able to communicate atall times. Radio communications or communication-assisting devices may be used. Electronic messaging ortexting will not be permitted during flight operations. Daisy-chaining ofVOs forthe purpose ofexpanding the operations area will not be permitted. 18. The operatorwill be responsible to see and avoid all other users ofthe NAS in which the UAS is operating.

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# UAS ExemptionforBradleyPierce2015

19. The holder ofthis exemption will be responsible to ensure its aircraft are properly registered in accordance with 14 CFR Part47, and have identification (N-Number) markings in accordance with 14 CFR Part45, Subpart C. Markings must be as large as practicable. 20. The UAS operatorwill be designated before the flight and cannot transfer his or her designation forthe duration ofthe flight unless a medical duress or unforeseen emergency is preventing safe operation ofthe UAS. In which
case the VO, who has been deemed qualified and trained in the operation ofthe UAS, will operate the controls to land the UA in a predetermined "emergency plan" setforth by the operatorwhowas granted this exemption. The holderofthis exemption must ensure thatVOs, if used, can perform the duties required ofaVO. 21. Documents for UAS operations and maintenancewill be made available to the FAA upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the FOM, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mustfollow the procedures as outlined in the FOM. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present revised documents to the FAA or any law enforcement official upon request. Ifthe operatordetermines that any update or revision would affectthe basis upon which the FAA granted an exemption, then the operator must petition for an amendmentto its grantof exemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates
or revisions to the operating documents. 22. Any UAS that has undergone maintenance or alterations that affect UAS operations orflight characteristics, e.g. replacement ofa flight critical component, must undergo an operational check flight priorto conducting further operations underthis exemption. Operational check flights may only be conducted by a qualified operator familiarwith the specific UAS being checked and must remain 500 feet from any persons unless they remain undera covered structure. (NPRM wording) The operational check flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 23. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 24. The operator mustfollow the UAS manufacturer's maintenance; overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 25. The holderofthis exemption will follow manufacturer's safety bulletins for each UAS operated underthis exemption. 26. The holderofthis exemption will ensure that each operator is 17 years or older, a US citizen and has a state issued driver's license. 27. The holderofthis exemption will require that its operators demonstrate the ability to safely operate the UAS in a mannerconsistentwith how the UAS will be operated in this petition, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. Qualification flight hours and currency may be logged in a mannerconsistentwith 14 CFR 61.51(b). Flights forthe purposes oftraining the operator's and VOs (training, proficiency, and experience-building) and determining the ability to safely operate the UAS in a manner consistentwith how the UAS will be operated, will be permitted. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights will be conducted 500 feetfrom any persons that are not intended to be part ofsuch training operations unless those persons remain under a covered structure. 28. The operatorwill use UAS that have safety features allowing it to return to a preset location ifit loses communications with its ground station. The operatorwill set this pre-determined location within the private or controlled-access property as to minimize any possible contactwith objects. 29. The operator is prohibited from beginning aflight (considering wind and forecastweather conditions) unless there is enough available powerforthe UA to conduct the intended operation and to operate afterthat with at least 25% energy reserves orwith the reserve power recommended by the manufacturer, whichever is greater. The operatorwill perform training tests, in a designated training area as prescribed herein, to assess the true energy characteristics ofthe specific UAS battery system to determine the actual flight time for reserve battery

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# UAS ExemptionforBradleyPierce2015

power. Said energy tests will deem the "safety" operating procedure for actual emergencies and useful flight time. 30. The exemption holderwill ensure that operators and VOs have a copy ofthis exemption, the FOM and applicable aircraft registrations located atthe ground station during operations. These documents will be made available to the Administratoror any law enforcement official upon request. 31. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. 32. The exemption holderwill be responsible to report to the FAA any small UAS operation that results in: (1) any injury to a person; or (2) damage to property otherthan the small unmanned aircraft. The reportwould have to be made within 10 days ofthe operation that resulted in injury ordamageto property. Accidentswill be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Current NTSB accident reporting is required when 1) Any person suffers death orserious injury. 2) Any UAS with max gross takeoffweight exceeding 300 pounds sustains substantial damage.
Operations for closed-set motion picture and television filming and production include the following limitations:

33. The operator must have a motion picture and television operations manual (MPTOM) in his/her possession. 34. At least 3 days before aerial filming, the operator ofthe UAS must submit awritten Plan ofActivities to the local Flight Standards District Office (FSDO) with jurisdiction overthe area ofproposed filming. The 3-day notification may be waived with the concurrence ofthe FSDO. The plan ofactivities must include at leastthe following:

a. Dates and times for all flights; b. Name and phone number ofthe operator for the UAS aerial filming;
c. Name and phone numberofthe person responsible for the on-scene operation ofthe UAS; d. Make, model, and serial or N-Numberof UAS to be used;
e. A statementthatthe operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list ofthose who gave permission must be made availableto the inspector upon request; f. Signature ofoperatoror representative; and g. A description ofthe flight activity, including maps or diagrams ofany area, city, town, county, and/orstate over which filming will be conducted and the altitudes essential to accomplish the operation. 35. Flightoperations may be conducted over/near participating persons consenting to be involved and necessary for the filming production, as specified in the operator's MPTOM.

Regulations from which the exemption is requested:

14 CFR Part 21, Subpart H and 14 CFR §91.203(a)(1)&(b): Airworthiness Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by 14 CFR 91.203(a)(1). Given the size and limited operating area associated with the aircraftto be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from 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.



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# UAS ExemptionforBradleyPierce2015

The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within 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 greater degree ofsafety 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 ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, nearly silent operation, lack ofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load.

14 CFR 47.3(b)(2) and 14 CFR 47.31(c) and 14 CFR 91.203(a)(2): Registration required This regulation states in part: No person may operate an aircraftthat is eligible for registration under49 U.S.C. 44101- 44104 unless the aircraft is carrying aboard the temporary authorization required by §47.31(c). Part 91.203(a)(2) reads similar. The Petitionerwill be operating small UAS. Placing registration paperwork inside the UAwill be impractical. An equivalent level ofsafety can be achieved by the Petitioner ensuring that all temporary or permanent registration paperwork for the UAS being operated is located on site at the ground station as stated in item 30 in this document.

14 CFR 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, 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 ofsafety will be maintained by keeping the UAS flight manual atthe ground station where the UAS operatorwill have immediate accessto it.

14 CFR 91.109(a): Flight Instruction Section 91.109(a) provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. The Petitionerwill be operating small UAS that do not have fully functional dual controls. Flight control is accomplished through the use ofa control boxtransmitterthat communicates with the aircraftvia radio communications. The equivalent level ofsafety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. Flight instruction is accomplished by handing the transmitter between the instructor and trainee or by the use ofa buddy box system. Instruction will also be accomplished in accordancewith item 27 in this document.

14 CFR 91.119(d)(1): Minimum SafeAltitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119(d)(1) 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 similarto a helicopterand the exemption requests authority to operate at altitudes up to 500 AGL, ornot more than 200 above a structure from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will neveroperate at higherthan 500AGLwith the exception that in circumstances where the UAS is used to survey or photograph a structurewhose height exceeds 500 feetAGL, the UAS will not be operated more than 200 feet abovethe highest point on the structure in accordance with procedures outlined in item 8 ofthis document.

The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flightwill be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance noticeto the property owner and participants in the filming activity, all affected individualswill be aware ofthe planned flight operations. Compared to flight operationswith aircraft or rotorcraftweighting far more than the maximum 551bs. proposed herein and the lack offlammable fuel, noise and any risk associated with these operations is far less than those



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# UAS Exemptionfor BradleyPierce2015

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 ofconventional aircraftthat must comply with Section 91.119. The procedures outlined in this document prohibit flight over persons not involved in operations unless they remain under a covered structure.

14 CFR 91.121: Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure."As the small UAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. Flights will be conducted 500 feet above that read out orwithin 200 feet above the highest point ofthe structure being filmed as outlined in item 8 ofthis document

14 CFR 91.131(b)(1): Pilot requirements for Class Bairspace This regulation states that no person may operate a civil aircraftwithin a Class Bairspace unless that person is a private pilot, recreational pilot, sport pilot or is a student pilot that meets requirements of§61.94 or§61.95 ofthis chapter. An exemption from this regulation may be required. An equivalent level ofsafety will be achieved by operating the small UAS ataltitudes listed in the limitation section ofthis document. The UAwill not be landing or departing from airports in Class B airspace norflying through Class Bairspace. The UAS will be flown in a controlled environmentwithin VLOS. The UAS operatorwill require ATC permission priorto conducting operations and will give right ofway to any manned aircraft.

14 CFR 91.131(d)(1)&(2): Equipment requirements for Class Bairspace The regulation states that no person may operate an aircraft in Class Bairspace unless it is equipped with atransponder and afterJanuary 1, 2020 an ADS-Bout system. An exemption may be required. Due to the size, weight and payload capacity ofthe small UAS, installing these systems is not practical. An equivalent level ofsafety will be achieved by operating the small UAS at altitudes listed in the limitations section ofthis document. The UAS will not be landing or departing from airports in Class Bairspace norflying through Class B airspace. The UAS will be flown in a controlled environmentwithin VLOS. The UAS operatorwill require ATC permission priorto conducting operations and will give right ofway to any manned aircraft.

14 C.F.R. 91.403(b)&(c); 91.405; 91.407; 91.409; 91.417: Maintenance and Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in accordance with Part 43.

Part43 only applies to aircraftwith a US airworthiness certificate orforeign registered aircraft operating in common carriage under provisions of Part 121 or 135. These sections will not apply to the Petitionerwho will be operating a small UAS. An equivalent level ofsafety will be achieved as the UAS will be maintained in accordancewith the UAS manufacturer's instructions and limitations listed in the operator's FOM. The small UAS will carry a small payload and operate in a controlled area for a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 500 feetAGL, without prior FAA authorization. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required and preventative maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.

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# UAS ExemptionforBradleyPierce2015

Additional Information

The Petitioner, Bradley Pierce has held his Private Pilot Certificate No. 3481381 since 1994. He has been flying RC models for 36 years. Forthe last 10 years he has been the elected "Safety Officer" at his local Academy ofModel Aeronautics (AMA) RC chartered club. He has taught RC safety and flying to local enthusiasts using the safety guidelines set by the AMA. He has long term RC skills such as model building, repairing, maintaining and flying experience. He also holds a Bachelor of Music degree from Berklee College ofMusic, Boston, Ma.

Satisfaction ofcriteria provided in Section 333 ofthe Reform Act of2012 provide more than adequatejustification for the grant ofthe requested exemptions allowing the commercial operation ofthe Petitioner's UAS.
Respectfully,



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