September 16, 2015

Exemption No. 12879 Regulatory Docket No. FAA

− 20 15

− 2280

Mr. Sean Lehew 29052 Pelican Dr ive Punta Gorda

, FL 33982

Dear Mr. Lehew :
This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter posted to the public docket on June 16, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. You requested to operate an unmanned ai rcraft system (UAS) to con duct aerial photography and/or video for real estate, architecture, land surveying, inspection, live video feed , and the ability to offer training 1

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on th is petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a Yuneek Q500 Typhoon

.

1 The petitioner requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS operations for training until a further assessment is completed. When the FAA completes its review, we will proceed accordingly and no further ac tion will be required by the petitioner. However, the petitioner is permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other conditions and limitations in this exemption.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraf t and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 2

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or

cre w, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons f or requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Sean Lehew is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc .), or any other gathering of data by instruments aboard the UA.3

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed bel ow.

Conditions and Limitations

In this grant of exemption, Mr. Sean Lehew is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Yuneek Q500 Typhoon when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed o r calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC a nd VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to ope rate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the4

Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followe d. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised document s to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revisio n would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further op erations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to person s and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the 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. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. T he PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requir ements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (S VFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made avail able to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses c ommunications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginn ing a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacture r if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operation s that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accor dance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at t he Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A'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 NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phon e number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to th e inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential t o accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely, / s/

John S. Duncan Director, Flight Standards Service

EnclosuresSean Lehew

29052 Pelican Dr Punta Gorda FL, 33982 seanlehew@gmail.com
941

- 628

- 1157

U.S. Department of T ransportation Dock et Management System 1200 New Jersey Ave., SE
Wa shington DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the “Reform Act ”) and 14 CFR Part 11, Sean Lehew , operator of an Unmanned Aircr aft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“F ARs”) to allow commercial operation of its
UA S, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the F AA 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 f or public and/or private use including real estate, architecture, land surveying, engineering and other related prof essional activities.

Aerial inspection/photogr aphy of residential/commercial structures under contr act with the owners or local government authority

.
Aerial inspection/photogr aphy of residential/commercial utility infrastructure including but not limited to electrical power lines, w ind turbines and cell towers.

Aerial video/photography or providing live video f eed 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 contr act or donat ion.

The ability to off er 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
saf e operation of a UAS to enhance the saf ety of the National Airspace System (NAS) as well
as f or the protection of the persons and property

.
As described fully below , the requested exemption would permit the operation of a U AS under controlled conditions in the NAS that would be a) limited b) controlled c) predete rmined and d) will

pr ovide saf ety enhancements to the already saf e operations in the industry presently using
conventional aircr aft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of T ra nsportation’ s (the F AA Administrat or ’s ) responsibilities to “....establish requirements
fo r the saf e operation of such aircr aft s ystems in the national airspace system. ”The name and address of the applicant is:

Sean	Lehew 29052	Pelican	Dr. Punta	Gorda	FL	33982

Sean Lehew will operate the Yu neek Q

- 500
,

Q500 TYPHOON Aircraft Flight Time Up to 25 Minutes Height 240mm (9.45 in) Width 420mm (16.54 in) Diagonal Length Without Rotor Blades 565mm (22.2 in) Propeller/Main Rotor Diameter 330mm (13.0 in) Weight Without Battery and Payload 1130g (40.0 oz) Battery 5400mAh 3S 11.1V LiPo (included) Charger 3S 11.1V LiPo DC Balancing Smart Charger with AC Adapter (included) Transmitter 10

- channel 2.4GHz w ith 5.8GHz video downlink (included) 3 Flight Modes Sm art, Angle and Home Modes Maximum Flying Height Default 400 Feet Above Ground Level (Adjustable via the Q500 GUI) Maximum Rotational Velocity 65°/s Maximum Bank Angle 35° Maximum Climb Rate in Smart and Angle mode 3m /s Maximum Descent Rate in Smart and Angle mode 2m /s Takeoff Weight With Battery and CGO2

- GB 1700g (60.0 oz) Radio Control Frequency Band 2.4GHz CGO2

- GB Camera Gimbal System Focusing System A erial Optimized Fixed Focus Video Resolution FULL HD 1080p

- Adjustable 6 0, 50 or 48 FPS Photo Resolution 12 Megapixels Video Field of View 130° Control Angle Accuracy ±0.02° White Balance Autom atic Smart White Balance Feature Transmission Band 5.8GHz Input/Operating Voltage 7.0V to 14.0V DC Video Transmission Di stance/Range (Optimum Conditions) FCC Compliance: Up to 600m (1968.5 ft) CE Compliance: Up to 300m (984.252 ft) w ith ST10 Warning: You Must Follow Local Laws and Maintain Visual Line of Sight of Aircraft at All Times. Current Consumption/Operating Curren t 500mA (average) to 600mA (peak) @ 12.0V (7.2W max) Storage Temperature

- 20°C

- 60°C Working Temperature 0°C

- 50°C Storage (memory) m icroSD Class 10 ~ 4 to 128GB Height 115mm (4.5 in) Weight 185g (6.5 oz) Depth 135mm (1.4 in) Width 74mm (2.9 in) ST10 Personal Ground Station Operating System AndroidTM Number of Channels 10 Control Transmission Distance/Range (Optimum Conditions) FCC Com pliance: Up to 800m (2624.67 ft) CE Compliance: Up to 400m (1312.34 ft)Video link Frequency Band 5. 8GHz Video Transmission Distance/Range (Optimum Conditions) FCC Compliance: Up to 600m (1968.5 ft) CE Compliance: Up to 300m (984.252 ft) Warning: You Must Follow Local La ws and Maintain Visual Line of Sight of Aircraft at All Times. Flight Systems Tel em etry Data On Screen Display (OSD) Yes LED Backlit LCD Screen Capacitive Multi

- Touch 4.5” Tactile (Vibrating) and Audible Feedback Yes Built

- In LiPo Battery Voltage / Capacity 3.6V/5200mAh 18.72Wh

Given the small size of the U AS and the controlled environment provided the proposed operations
will adhere to the Reform Act ’s safety requirements. The approv al of this application presents no national security issues. Reg arding the level of saf ety surrounding the proposed oper ations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the gr ant of the requested exemption is in the public interest. Accordingly the applicant requests that the F AA gr ant the requested exemption wit h minimum dela y.

**AIRCRAFT AND EQUIV**

**ALENT LEVEL OF SAFETY**

The operation limitations proposed for an equiv alent or higher level of saf ety because operations will
further enhance the saf ety of the persons and/or property using conventional aircr aft.

These li mitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the F AA issued exemption as set forth in the Flight Operations Manual (FOM) include:

The U AS will weigh less than 55 lbs.

The U AS will have a ma ximum 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 f or each operational flight will be 30 minutes. Flights will be terminated at25% bat tery power reserve or 30 minutes of flight time whichever occurs first.

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

Minimum c rew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator

.

A briefing will be perf ormed regarding the planned UAS operations prior to each da y’ s flight consisting of all the days’ pr oduction 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
Po int (ARP) of a tower controlled or uncontrolled a irport.

The operator will obtain verbal/written consent of all persons involved with the planned

oper ation and ensure that only consenting persons will be allowed within 100 f eet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of
saf ety determination, as required under the FOM. With the adv anced permission of the FSDO, operations at closer r ange may be approved.

The PIC and VO will have been tr ained in operation of U AS and receive up

- to

- date information for the particular U AS to be operated.

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

Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enf o rcement, fire or other appropriate governmental agencies.

If the U AS 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 autonomo usly

.

The U AS will have the capability to abort a flight in case of unpredicted obstacles, weather , or emergencies.

**14 C.F .R. P**  **art 21, Subpart H: Airworthiness Certificates 14 C.F .R. §91.203 (a) (1)** 

Subpart H, entitled Airworthiness Certificates, establis hes the procedur al requirements for the issuance of airworthiness certificates as required by F AR §91.203 (a) (1). Given the siz e and limited

oper ating area associated with the aircr aft to be utilized by the Applicant, an exemption from Part 21 Subpart H m eets the requirements of an equivalent level of saf ety 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 F AA to ex empt aircr aft from the requirement f or an a irworthiness 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 theUA S oper ated without an airworthiness certificate, in the restricted environment and under the

conditions proposed will be at least as saf e, or saf er , than a conventional aircr aft (fix ed wing or

rotorcr aft) operating with an airworthiness certificate without the restrictions and conditions

pr oposed.

The U AS 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. Unlik e other civil aircr aft, operations under this e xemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public saf ety requirements. The F AA will have advance notice of all operations. The se saf ety enhancements provide a greater degree of saf ety 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 demonst rates that there is no credible threat to national security posed by the U AS, 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 regis tr ation number is displa yed on limited, restricted or light

- sport category aircr aft or experimental or provisionally certificated aircr aft, the operator must also display on that aircr aft ne ar 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," "e xperimental," or "provisional," as applicable.

Even though the UAS will have no ai rworthiness certificate, an exemption may be needed as the UAS
will have no entr ance 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 “Experime ntal” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of saf ety will be provided by having the UAS mark ed on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the U AS will see the i dentification of
the U AS as “Experimental. ”

**14 C.F .R. §91.7(a): Civil Aircr**  **aft Airworthiness.**

The regulation requires that no person may oper ate a civil aircr aft unless it is in airworthy condition.
As there will be no airworthiness certificate issued f or the aircraft, should this exemption be granted,
no F AA regulatory standard will exis t f or determining airworthiness. Given the size of the aircr aft f or maintenance and use of saf ety check lis ts prior to each flight an equivalent level of saf ety will be

pr ovided.

**14 C.F .R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircr**  **aft.**

Section 91.9 (b) (2) provides: No person ma y operate a U.S.

- registered civil aircr aft ... (2) For which anAirplane or Rotorcr aft Flight Manual is not required by §21.5 of this chapter , unless there is available
in the aircr aft a current approved airplane or Rotorcr aft Flight Manual, approved manual material, markings, and placards, or any combination thereof . The U AS, given its size and configuration has no ability or pla ce to carry such a flight manual on the aircr aft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircr aft. The equiv alent
level of saf ety will be maintained by k eeping the flight manual at the ground control point where the pilot flying the U AS will have immediate access to it.

**14 C.F .R. § 91.103: Preflight Action.** 

This regulation requires each pilot in command to tak e certain actions before flight to insure the
saf ety of flight. As F AA a pproved rotorcr aft flight manuals will not be provided f or the aircr aft an exemption will be needed. The PIC will tak e all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather , flight battery requ irements, landing and tak eoff distances and aircr aft perf ormance data before initiation of flight.

**14 C.F .R. §91.109: Flight Instruction.** 

Section 91.103 provides that no person ma y operate a civil aircr aft (except a manned free balloon)
tha t is being use d f or flight instruction unless that aircr aft has fully functioning dual controls. UAS and remotely piloted aircr aft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communica tes with the aircr aft via radio
communications. The F AA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircr aft. The equivalent
level of saf ety provide d by the f act that neither a pilot nor passengers will be carried in the aircr aft and by the size and speed of the aircr aft.

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

Section 91.119 establishes saf e altitudes f or 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 f or helicopters by the F AA. As this exemption is for a UAS that is a helicopter and the e xemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platf orm from which filming is planned, an e xemption ma y be needed to allow such operations. As set f orth herein, the U AS will never operate at higher than 400 AGL with the e xception that in circumstances where the UAS is used to survey or photogr aph a structure whose height e xceeds 400 f eet AGL, the UAS will not be operated
more than 200 f eet above the highest point on the structure. It will howe ver 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 saf ety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be tak en without the permission of the property owner or
local officials. Because of the adv ance notice to the property owner and participants in the filming activity , all aff ected individuals will be a ware of the planned flight operations. Compared to flight

oper ations with aircr aft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is f ar less than thosepre sently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

altitude operations of the U AS will ensure separation between these UAS operations and the

oper ations of conventional aircr aft that must comply with Section 91. 119.

**14 C.F .R. §91.121 Altimeter Settings.** 

This regulation requires each person operating an aircr aft to maintain cruising altitude by ref erence to an altimeter that is set “

... to the elevation of the departure airport or an appropriate altimeter setting available before departure. ” As the U AS may not have a barometric altimeter , but instead a GPS altitude read out, an e xe mption may be needed. An equivalent level of saf ety will be achieved by the operator

, pursuant to the safety check list and live flight da ta monitoring, confirming the altitude
of the launch site shown on the GPS altitude indicator be fo re 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 a n airplane under VFR conditions unless (considering wind and f orecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day , t o fly after that f or at least 30 minute s; or (2) A t night, to fly after that for at least 45 minutes. ”

The battery powering the UAS provides approximately 30 minutes of powered flight. T o meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to appro ximately 10 minutes in length. Given the limitations on the UAS’ s proposed flight area and the location of its

pr oposed operations within a predetermined area, a longer time frame f or flight in daylight or twilight VFR conditions is reasonable.

Applicant believes th at an e xe mption from 14 CFR §91.151(a) f alls 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 U AS flights to 10 minutes would greatly reduce the utility f or which the e xempt ion 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 UAS to its planned lan ding z one from anywhere in its limited operating area.

**14 C.F .R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.** 

These regulations require that an aircr aft operator or owner “shall have that aircr aft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in

par agr aph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter

..., ” and others shall inspect or maintain the aircr aft in compliance with Part 43.

Given that these section and Part 43 apply only to aircr aft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the oper ator pursuant to the flight manual and operating hand book. An equivalent level of saf ety will be achieved because
the U AS is very limited in siz e and will carry a small pa yload and operate only in restricted areas for alimited period of time. If mechanical issues arise the U AS can land immediately and will be operating

from no higher than 400 f eet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perf orm required maintenance, and k eep a log of an y maintenance perf ormed.
Moreover

, the operator is the person most f amili ar with the aircr aft and best suited to maintain the
aircr aft in an airworthy condition to provide the equivalent level of saf ety

.

An equiv alent level of saf ety will be achieved because maintenance and inspections will be perf ormed in acc or dance with the UA S Manuf acturer's User Manual. As provided in the FOM, the

oper ator will ensure that the UAS is in working order prior to initiating flight and perf orm required
maintenance needed.

Sincerely
,

Sean Lehew