US Department ofTransportation Exemption Request Pursuantto Section333 of the FAA :;::::::::;:

Reform Act and Part 11 ofthe Federal Aviation
January 8, 2016

Carl Huddle, PE Carolina Engineers, PA PO Box 1595 New Bern, NC 28563 lbow®ca_rolinaengineers.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590**~()' (~~::::::~** 

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe FederaiAviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14CFR 91.103; 14 CFR 91.109; 14CFR 91.119(c); 14CFR 91.121; 14 CFR 91.151(a); 14CFR 91.203(a) and (b); 14 CFR 91**~405** (a); 14CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14CFR Part 11 of Unmanned Aircraft Systems (UAS), Carl Huddle, PE hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs'') to.allow commercial operation·of·Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Thankyou in advance for your consideration.Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Surveying

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlledconditions in.the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the SecretaryofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicant is



### Carl Huddle, PE Carolina Engineers, PA PO Box 1595 New Bern, NC 28563 

### lbow@carolinaengineers.com

From which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14CFR 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) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)

As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to VDOS Global, LLG (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645 to Allied Drones (see Docket No; FAA-2014-0804), There is enhanced safety achieved using anunmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers orcrew, ratherthan a manned aircraft ofsignificantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find that the UAS operation enabled bythis exemption is in the public interest.

Carl Huddle, PE Will operate one or more ofthe Following model UAS

DJI 81000 Spreading Winds

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 andnoise, the grant ofthe requested exemption is in the public interest. Accordingly,the applicant graciously requests that the FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations willfurther enhance thesafetyofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere.to when conducting commercial operations underthe FAA issued exemption assetforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly lessthan 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed30 minutes. Flights will be terminated at 

### 25°/o battery power reserve or30 minutes offlight time whichever occurs first.



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



### 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be

## a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day's flights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11

.The flights will occur in Class G airspace no closerthana mile radius of the geographic center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto eachflight. And.log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, andtheradius may be reduced to 30feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advancedpermission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up todate information forthe particular UASto be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight incase of emergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case ofunpredicted obstacles, weather, oremergencies such as low battery.

21. Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's UAS**lnt~gration** 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.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91

..203 (a) (1) Subpart H, entitledAirworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of.safetyunder Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe· Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness**certificate~** upon consideration ofthe size, weight, speed, operationalcapability, and proximity to airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthat the UAS operated withoutan airworthiness certificate in the restricted environment and underthe conditions proposed will be atleast assafe,
orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither apilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civil aircraft, operations underthis exemption will betightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancementsprovide a greaterdegree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under14 C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threat to national security posed bythe UAS, due to its size, speed of operation, location of operation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed·on limited, restricted or light sport category aircraft orexperimentalor 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.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed 9n limited, restricted or light sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display on that aircraft
neareach·entrance to the cabin, cockpit, orpilotstation, in·letters not lessthan 2 inches nor more than 6 inches high, the words "limited/ "restricted/' "light sport/"'experimental/' or "provisional/' as applicable. Even though the UAS

## will have noairworthiness certificate, an exemption may be needed asthe UAS will have no entrance to the cabin, cockpit orpilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015 The equivalent level ofsafetywill be provided

### by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will seethe identification ofthe UAS as "Experimental." 14C.F.R. § 61.113 (a) and (b The proposed UAS operations mayachievean equivalent level ofsafety as achieved bycurrent Regulations because the applicant's UAS do not carry any pilots or passengers norproperty. The risks attendantto the It is believedthatthe operation and limitations setforth inthe

### FOM will equate to the safe operation ofthe 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 willbe no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level ofsafetywill 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) 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, orany 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 capacityto carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the .flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate accessto it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flightto insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actionsas stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

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 unlessthat aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the.use of a control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and bythe size·and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil 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 oraltitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow suchoperations. As setforth herein, the UAS will neveroperate at higherthan 400 AGL with the exception that in circumstances where the UAS**-----------------------~--~-----~----------------**

is used to survey orphotograph a structure whose height exceeds 

### 400feet AGL, the UAS will not be operated more than 

### 200feet above the highest point on the structure. It will however be operated in a restricted area with securityperimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where itis operated. No flight will be taken without the permission ofthe property owneror local officials. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 

### 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must comply with Section 91.119.

14C.F.R. §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 airportoran appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalentlevel ofsafety will be achieved bythe 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.

14C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a)prohibits an individual from beginning "aflight 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 afterthat for at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The applicant believes that an exemption from 14CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled areawhere only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or

### 25°/o of battery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless ithaswithin 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 atthe cabin or cockpit entrance sothat it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551 b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilot flying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuant totheflight manual and operating handbook. An equivalent level ofsafetywill beachieved because the UAS is very limited in size andwill carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS.Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant 

### Carl Huddle, PE believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS. I also feel its in the public's interest on granting the exemption, as we can educate them atthe same time. And all thepositive sides ofthe new technology and the level of safety.

The applicant 

### Carl Huddle, PE requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notify 

### Carl Huddle, PE ofyour actions, and or approvals. Thankyou, foryour interest in this request.

Sincerely,



### Carl Huddle, PE