November 9, 2015

U. S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe FAA Reform Act. DearSir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"), David J. Bean, the operator and applicant, planned operatorof Unmanned Aircraft Systems (UASs) equipped to conduct aerial photography and digital point cloud surveys for various industries hereby applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial operation ofour UASs, 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. As described more fully in Appendix A, the requested exemption would permitthe operation of UAS(s) bythe operatorfor commercial use thatwould provide the following benefits: 1. Operations would be performed in an area of operation limited in size suitable to the specific use, in advance offlight. 2. The flightwould be planned in advance to minimize hazardsto persons and property in the air and on the ground. 3. The operatorwould reasonably limit or control access to provide safetyto those not involved in the operation. 4. Operation ofa UAS would provide significant safety, environmental and other enhancements not possible by larger sized aircraft. 5. An FAA licensed airman with a Commercial Pilot Certificate would operate the UAS ordirectly supervise the operation. 6. Provide a beneficial and currently unavailable service to government organizations and the general publicthat would serve the public interest. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrators) responsibilities to "

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system. "Section 333(c) ofthe Reform Act. It is possible to operate an UAS soto not create a hazard to users ofthe National Airspace System (NAS), the public or pose athreatto national security ifdoneso safely and responsibly. The applicant has demonstrated theirwillingness to act safely and responsibly by not engaging in commercial UAS operations. The applicant has worked within FAA guidelines to obtain a legal authorization to conduct commercial operations. Additionally, the factthatthe applicant currently holds a FAA Commercial Pilot Certificate demonstratesthat the applicant has a high regard to safe operations, aswell as a necessary high-level understanding ofthe NAS and FARs. The experience ofa FAA certificate serves to add significantly to the level of safety in any operation performed bythe applicant orthe applicant's employees. AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY The applicant proposes thatthe exemption requested herein applyto civil aircraftthat have the characteristics of UAS and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level ofsafetyto operations underthe current regulatory structure asthe proposed operations represent a safety enhancementto the already safe aerial commercial photography and survey operations 

### conducted with conventional aircraft. The UAS planned to be operated is the DJI Phantom 3 Professional rotorcraft. The unmanned aircraft (UA) is equipped with four rotors that are driven 

### by electric motors, powered by batteries, and weigh less than 3 pounds, including payload. The UAwould have a maximum airspeed of30 knots. The principal construction material ofthese UA is plastic. Operations will be performed by a qualified UAS Pilot in Command (PIC), as outlined below, to insure thatthe UAS will "not create a hazard to users ofthe national airspace system or the public." Given the small size ofthe UAS involved and the preplanned environmentwithin which theywill operate, the applicant believesthatthese operationsfall squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASto commence immediately. Also, operation in a researched (to include applicable NOTAMs), pre-defined area will preventthe possibility ofa national security issue. The operation of UASs by knowledgeable professionals with experience in the NAS will serve to enhance safety, add to the public benefitand reduce environmental impacts related to current methods ofaerial photography and survey. These limitations and conditions to which the operator, or its employees, acting as an UAS PIC, agrees to be bound when conducting commercial operations under an FAA issued exemption: 1. Safety will be the first and foremost consideration in any UAS operation.2. The UAS pilotwill be an FAA licensed airman with at least a Commercial Pilot Certificate orthe UAS pilotwill be directly supervised by an FAA licensed airman with at least a Commercial Pilot Certificate. 3. The UAS Pilot, and observerwill hold at least a Second Class Medical Certificate. 4. The UAS FAA licensed airman will be considered PIC, whetherflying orsupervising, and will be responsible for safe operation oftheflight. 5. Flights will be conducted within line of sight ofthe PIC and an observer. 6. Flights will be conducted in Class G airspace whenever possible. Ifan operation in another airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the operation and, 

### if required, any necessary permission obtained. 7. Flights will be conducted undervisibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR). 8. The UAS will at all times give wayto any aircraft, object, or persons. 9. Minimum crewfor each operation will consist ofthe UAS PIC and an observer. The observer and PIC will at all times maintain visual line ofsiteto the UA, and be able to communicate 

### by voice. 10. Priorto a UASflight, an area ofoperation will be established. This area ofoperation will include a defined lateral and vertical area, where the UASwill operate. Safety procedures will be established for persons, property and applicable airspacewithin the area of operation. 11. Flight planning will include flight completion with at least 20% battery power remaining as measured 

### by the UAS or appropriate timing. 12. The UAS will utilize GPS navigation, failsafe, return-to-home (RTH) and/orflight abort safetyfeatures. 13. A briefing will be conducted in regard to the planned UAS operations priorto operation at each new location. All personnel who will be performing dutieswithin the boundaries of the area of operation will be presentfor this briefing. 14. All required penmissions and permits will be obtained from appropriate state, county or cityjurisdictions, including local lawenforcement, fire, or other appropriate governmental agencies. 15. Written, to include electronic, and/or oral permission from the relevant property owners will be obtained prior to an operation.16. The UAS pilotwill be trained in advance forthe safe operation ofthe UASto be operated. This will include operation ofthe UAS both in normal and emergency modes of operation as applicable, and will includefamiliarization with the operation manual (or similar) ifpublished bythe UAS manufacturer. Training will also includetypes of maneuversto be performed and the safe operation in relation to persons, property and applicable airspace. It is the applicant's beliefthatthe size, speed, operating environment, limitations, and level ofapplicant's experience in the NAS outlined provides an "equivalent level of safety" or betterwhen operating a UAS forthe public interest as outlined in Section 333 in the FAA Modernization and Reform Act of2012. It is requested thatthe FAA issue an exemption to permit safe, legal, commercial UAS operation 

### by the applicant as soon as possible. Sincerely,

# ~~~c.------ David J. Bean 5213 CR 4415 Wolfe City, TX 75496 Davebean54@yahoo.com 903-456-4204

AppendixA Exemption Requests and Equivalent Level ofSafety Appendix B DJI Phantom 3 Professional User Manual