## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 1 of 11 

### Erick F. Larsen

Consultant to
Mark Edward Doutt
262 W. Linden Ave. # C Burbank, LA, Ca 91502
818

- 732

- 0330 ErickLarsen@Outlook.com February 28, 2016

- Via electronic filing

- U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Request (Petition) for Exemption from Certain Regulations per Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Madam or Sir :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, private pilot and professional photographer, Mark Edward Doutt (Petitioner, or Operator) hereby applies for an exemption f rom the listed Federal Aviation Regulations (FARs) to allow business use (commercial operation) of his fleet of Unoccupied (unmanned) Aerial Systems (UAS), so long as such operations are conducted within and under the conditions outlined herein or as may b e established by the FAA as required by

Section 333.

I. INTRODUCTION

Petitioner, Mark Edward Doutt, is a United States born citizen with a United States passport

, a FAA issued Airman’s Certification (# 3770923)

, and a California Dr iver’s License . He perfor ms expert professional photography

, cinematography, videography, and business marketing services worldwide, with the following contact information:

Mark Edward Doutt Professional Photographer

- Pilot

7054 Via Barranca San Jose, CA 95139 Tel: 408

- 425

- 3459

Email: doutt@mac.com

Petitioner has developed numerous diverse clients in need of safe and lawful commercial

UAS cinematography, aerial data collection (ADC ) and UAS training services . Growth of

P etitioner’s UAS business will provide new jobs and an increased level of safety to many

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 2 of 11 who currently are in need of UAS commercial services. FA A UAS policy prevents P etitioner from providing civil UAS commercial ser vices in the absence of the requested exemption.

A. Commercial UAS Operations to Be Conducted:

Petitioner seeks to operate his fleet of UAS to conduct UAS training
, and aerial data
coll ection (ADC) which includes any remote sensing and measuring by an in strument(s)
aboard the unoccupied (unmanned) aircraft (UA). Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other g athering of data by
instruments aboard the UA.

In particular Petitioner seeks authorization to conduct commercial UAS training and remote ADC, mapping, surveying, photography, filming, videography, demonstrations

, sampling, measuring, and inspections of ( or for):

1.) Construction, architectural, engineering, website development, insurance, risk management, security, real estate, resort, golf, cemetery, entertainment, weddings, sports, utility, energy (oil, gas, solar, nuclear, coal, wind, & electric), hydro ( water), transportation (port, rail, truck, auto, & bus), mining, bridge, telecommunications, agriculture (farming, ranching, & growing) flare s tack, platform, tower, pole, pipeline and other infrastructure, structures, sites, systems, features and operatio ns; and,

2.) Recreational, commercial, governmental, public safety, fire, Emergency Management Agencies (EMA) and entities; and,

3.) Environmental, scientific, archaeology, conservation, climate change, natural

resource, wildlife, oceanographic, forestry, weathe r, search & rescue, emergency services, humanitarian relief, public & private entity support, assistance and monitoring
of infrastructure, structures, sites, systems, features, and operations; and,

4.) Research, education, training, development, testing, cert ification, and validation of safe and
lawful civil, commercial, public, experimental, hobby, and recreational UAS curriculum, education, and safe flight training, demonstrations, and events involving UAS design, manufacture, assembly, purchase, sale, maint enance, repair, inspection, safe operation, record keeping, and required FAA documentation.

Hereinafter, 1 through 4 , above, as well as UAS training are refer red to as P etitioner’ s

“ proposed operations ” or “ operations".

Concerning the petitioner ’s reques t for au thority to conduct UAS training

, the FAA has stated that, at this time, the FAA is unable to authorize UAS operations for training until a
fu rther assessment is completed. Therefore, the petitioner requests that w hen t he FAA completes its review, t hat the FAA proceed accordingly and no further action will be

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 3 of 11 required by the petitioner. However, in the interim, the petitioner requests that he be permitted to train his own pilot in commands, visual observers , and other crew

.

B. Petitioner’s Commercial UA S Aircraft Fleet and Operating D ocuments :

Petitioner references as his operating documents , t his petition, his list of UAS a ircraft f leet (below) and the manufacturer’s model specific aircraft documentation, including Flight Operations Manual (FOM)

, for each UAS in his aircraft fleet which set forth safety considerations, training, general and specific operating procedures, specifications, inspection, maintenance, setup of the UAS, and all other required and recommended procedures for the proposed operati ons.

Petitioner requests an exemption to operate the following UAS aircraft:

3D Robotics Iris https://store.3dr.com/products/iris

3D Robotics Solo https://3dr.com/solo

- drone/

3D Robotics X8

- M
https://w ebcache.googleusercontent.com/search?q=cache:59a5llTcZ7gJ:https://store.3dr.com/products/x8

- m+&cd=2&hl=en&ct=clnk&gl=us

DJI Inspire 1 http://www.dji.com/product/inspire

- 1/download

DJI Inspire 1 Pro X5, X5 Black, X5R (raw), and XT (thermal) http://store.dji.com/product/inspire

- 1

- pro#/spec

DJI Matrice 100 http://www.dji.com/pro duct/matrice100

DJI Phantom 1 http://www.dji.com/product/phantom/download

DJI Phantom 2 V ision, Vision+ http://www.dji.com/product/phantom

- 2/download?www=v1

DJI Phantom 3 Professional, A dvanced, Standard, and 4k http://www.dji.com/product/phantom

- 3/download

DJI Phantom 4 http://www.dji.com/product/phantom

- 4/download

DJI Spreading Wings S90 0 

### * http://www.dji.com/product/spreading

- wings

- s900

DJI Spreading Wings S1000, and S1000+ 

### * http://www.dji.com/product/spreading

- wings

- s1000

- plus

Droidworx SkyJib 8 

### * http://www.aerialtechnology.com/shop/skyjib

- 8

- ti

- qr

- droidworx

- aeronavics/

Droidworx SkyJib 8/ X4 

### * http://www.aerialtechnology.com/shop/aeronavics

- skyjib

- x4

- ti

- qr/

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 4 of 11 Freefly Systems Alt a 

### * http://freeflysystems.c om/alta

Lily Robotics, Inc. Lily https://www.lily.camera/

XCraft PhoneD rone Ethos http://xcraft.io/phone

- drone/ and http://store.xcraft.io/xplusone

- store

xcraft

- vtol

- drone

- sandpoint

- id/phonedrone

XCraft X PlusO ne http://xcraft.io/x

- plusone

- drone/

Yuneec Typhoon G, Q500 , and Q500 4k https://www.yuneec.com/Typhoon

- Specifications

- Typhoon

- 4K

Yuneec Tornado CGO4, and H920 https://www.yuneec.com/Specifications

- Tornado

- H920



### * Using Futuba 14SG RC transmitter gro und station http://www.futabarc.com/systems/futk9410

- 14sg/

Each UAS in P etitioner’s aircraft fleet ( above ) or similar has previously been granted 333 exemptions by the FAA

. Commercial operatio ns of any other type of airc raft require a new
or amended 333 petition. Each of P etitioner’s UAS will be duly registered with the FAA
which will ass ign registration , “N” numbers

, before operations are commenced

.

C. Specific Regulations for which an exemptio n is sought:

14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.119 (b) & (c)

14 CPR 91. 121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CPR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)

II. PETITIONER’S PROPOSED OPERATIONS DO NOT CREATE SIGNIFICA NT HAZARDS

Each UAS utilized by Petitioner is an electric multi

- rotor craft, weighing less than 55 lbs. including ADC payload and has been previously approved by the FAA for commercial operations

. Each operates at a speed of no more than 100 mph (87 knots ) and has the capability to hover, and/or move in a vertical and hori zontal plane simultaneously. Each will only be operated as visual line of sight (VLOS), remain under 400 ft. above ground level (AGL), and will operate only over private or controlled acc ess property with permission from the owner/controller of the property or authorized representative.

During P etitioner’s proposed operations the site will be secured and non

- participants will be kept at least 500 feet away from the operation unless barrie rs or structures are present that sufficiently protect non

- participants in the event of an accident or loss of control.

III. PETITIONER'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 5 of 11 The FAA has issued a Grant of Exemption s to FalconSkyCam

, Exemption No. 111 95

, Docket

No FAA

- 2014

- 0884 (March 6, 2015) and to Measure, a 32 Advisors Company, LLC

, Exemption No. 12646

, Docket No. FAA

– 2015

– 1602 ( August 28, 2015 ), for operations that are substantially similar to those proposed herein. In issuing the Grant to FalconS kyCam , the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a
UAS with the s pecifications described by the P etitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportion s, 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."

IV. EQUIVALENT LEVEL OF SAFETY

Petitioner proposes that his fleet of UAS

, with the characteristics a nd as operated with the limitations listed below, provide for at least an equivalent or even higher level of safety to operations under the current regulatory framework.

These limitations and conditions to which Petitioner agrees to be bound when conducti ng commercial operations under an FAA issued exemption include:

1.) Each UAS utilized by Petitioner will weigh Less than 55 lbs, operate at a speed of no more than 100 mph (87 knots), and will remain under 400 ft. (AGL). 2.) Flights will be operated only during d aylight hours, only in visual meteorological conditions, and only within visual line of sight (VLOS) of the pilot in command (PIC)
of the UAS. 3.) All operations will utilize a visual observer (VO) in addition to the pilot in command (PIC). 4.) Maximum total fligh t time for each operational flight will be less than 45 minutes, or when the Low Battery warning activates.

V. EXEMPTIONS REQUESTED

14 C.F.R. § 61.113 (a) and (b): Private, Recreational, or Sport vs. Commercial Pilot
Certificates

Sections 61.113 (a) and (b) prohibit private , recreational, or sport certified pilots from operating a traditional aircraft for compensation or hire. Petitioner proposes that his PIC will have at least a private , recreational, or sport pilot’s certificate, and a current FAA
medic al certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. Petitioner’s PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Petitioner will 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

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 6 of 11 P etitioner ’s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Dedicate d
UAS f lights fo r the purposes of training the P etitioner’s PICs and VOs (training, proficiency, and experience

- building) and for determining the PIC’s ability to safely operate the UAS in a
manner consistent with how the UAS will be operated under P etitio ner’s exemption

, are requested by P etitioner to be allowed under the terms of this exemption.

PIC and VO training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

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

Based upon the above and for the reasons set forth in the FAA's grant of an exemption to Astraeus Aerial, Petitioner does not believe a commercial pilot c ertificate is necessary for
his proposed operation s . See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 25, 2014). For th ose reasons, Petitioner requests an exemption from 14 C.F.R. § 61.113 (a) and (b).

14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for
airworthiness determina tions on the PIC. Petitioner’s UAS will not have an airworthiness certificate, and there is no FAA regulatory standard for determining airworthiness of the UAS. Additionally, Petitioner's operating documents, includi ng FOM, set forth inspection and maintenance p rocedures to ensure airworthiness. For these reasons, and in accordance with the FAA's grant of an exemption from section 91.7 to Total Safety U.S., Inc., Petitioner requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

14 C.F.R. §91.119 (b) and (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. To the extent that Petitioner’s proposed operations would be considered to be in "congested areas,"
Petitioner's operating documents and procedures, and the size, weight and speed of each

UAS in the P etitioner’s fleet of UAS, provide an equivalent level of safety such that the proposed operations at lower safe altitudes should be allowed.

Petitioner will establish a 500' buffer/sterile are a for his operations that will exclude personnel not associated with the operations. Petitioner will also exercise additional control
over the sterile area as needed . Consequently, Petitioner believes these procedures will

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 7 of 11 reduce or eliminate any potential adverse impacts to safety for o perations in congested

areas. Petitioner therefore requests an exemption from 14 CFR § 91.119(b).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, or closer than 500 fe et to any person, vessel, vehicle or structure. Since this exemption is for UAS that fly similarly to a helicopter and requests authority to operate at altitudes up to 400 ft. AGL, an exemption may be needed to allow such proposed operations.

The equivale nt level of safety will be achieved given the size, weight, speed of each of

P etitioner’s UAS as well as the location where they will be operated. As discussed above,

P etitioner will establish a sterile area, including safety buffers of 500 feet for person nel not associated with the operation s

. Petitioner there fore requests an exemption from Section 91.119(c) for all necessary and authorized personnel associated with the proposed operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires ea ch person operating an aircraft to maintain a cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a
barometric al timeter, but instead a constant GPS altitude read out, an exemption is requested.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR
condition s unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly aft er that for at least
45 minutes."

Maximum total flight time for each of the proposed operations will be no more than approximately 45 minutes. Flights will be safely landed when the battery falls below its nominal voltage, should that occur prior to compl etion of the operation. Each of P etitioner’s UAS has a constant battery voltage display and a Low Voltage LED Warning which alerts when the battery reaches pre

- determined levels. This battery level would be more than adequate to return the UAS to its plann ed landing zone from anywhere in its limited operating area when the Low Voltage Warning alerts.

For these reasons, Petitioner requests an exemption from 14 C.F.R. § 91.151 (a). Similar exemptions have been granted to other operations, including Exemption s 2689F, 5745, 10673, and 10808.

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 8 of 11 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of t his part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as

prescr ibed in part 43 of this chapter ...," and others shall inspect or maintain the aircraft in compliance with Part 43.

A s provi ded in P etitioner’s operating documents, the operator and the PIC will ensure that
the UAS is in safe working order prior to initiating each flight, and the operator will perform required maintenance and inspections, and keep a log of any maintenanc e performed.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration (FAA) has issued numerous prior exemptions for many different types of UAS and UAS operations. In those exemptions, the agency noted that exemptions from ce rtain regulations were not necessary, due to "the size, weight, speed and limited operating area associated with [the UAS] and its operation."

Based upon the FAA's guidance and the fact that each of P etitioner’s UAS is even smaller and slower than many of those UAS in previously issued exemptions, Petitioner believes exemptions from the following regulations are not necessary:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 14 C.F.R. § 45.23 (b): Marking of the Aircraft. 14 C.F.R. §91.7(b): Civ il aircraft airworthiness. 14 C.F.R. §91.109: Flight instruction.

Petitioner also believes that an exemption from 14 C.F.R. § 91.103: Preflight Action is not necessary. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safety will be provided as set forth in this petition and in P etitioner’s operating documents duly referenced as part of this request.

The FAA has previously found that adherence to procedures contained in an applicant's operating documents demonstrate compliance with § 91.103, and therefore an exemption from the regulation was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

P etitioner's PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of the flight. Consequently, in light of this agency's prior finding in Tot al Safety U.S., Inc., Petitioner does not believe an exemption from 14 C.F.R. § 91.103 is necessary.

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 9 of 11 If it is determined that the P etiti oner does require exemptions from any of t h e provisions
from which he has herein stated that he believes no exemption is required: Petitioner requests that such exemptions be granted upon the basis of all that he has stated in this petition and in his oper ating documents.

G ood cause exists for not publishing a summary of this petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petiti on would be detrimental to the P etitioner. Accordingl y, P etitioner respectfully requests that the FAA grant the requested exemption summarily and without delay.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be deter mined that publication is necessary :

Petitioner seeks an exemption from the following rules: 14 C.F.R. § 61.113 (a) and (b); 91.7 (a); 91.119 (b) and (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct UAS training, and aeri al data collection (ADC) which includes any remote sensing and measuring by an instrument(s) aboard the Unoccupied (Unmanned) Aircraft (UA).

Privacy All of the proposed operations, UAS flights, will occur only over private or controlled access property w ith permission from the owner/controller of the property or authorized representative. Petitioner’s proposed operations will be conducted in accordance with all applicable laws and regulations governing privacy at the venue of the flight operation.

VII. C ONCLUSION

Petitioner has requested to use his fleet of UAS for UAS training, and aerial data collection (ADC)

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition. In Grants of Exemp tion Nos. 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), 11213 to Aeryon Labs, Inc. ( see Docket No. FAA−2014−0642), and 12645 to Allie d Drones ( see Docket

No. FAA

- 2014

- 0804), the FAA found that the enhanced safety achieved using an UA with the

s pecifications described by the P etitioner and carrying no passengers or crew, 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.

Upon review of P etitioner ’s reasons for reque sting this exemption, It should be determined
that:

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 10 of 11 1.) Pe titioner’s requests, in all material respects , are th e same as the relief previously reque sted in Grant of Exemption Nos. 11112, 11213, 12645

, 14381, and 14578 ; 2.) The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213, 12645 , 14 381, and 14578 also apply to the situati on P etitioner present s ; and 3.) A grant of exemption to P etitioner is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701,

P etitioner should be granted an exempti on 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 t he extent necessary to allow

P etitioner’s proposed operation s.

Satisfaction of all of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated area s and daylight UAS operations within visual line of sight (VLOS) and national security

- provide more than adequate justification t o grant the requested exemption allowing the pro posed operations in the NAS by P etitioner

, Mark Edward Doutt.

Respectfully,

/Signed/ 

### Erick F. Larsen

Consultant to
Mark Edward Doutt

262 W. Linden Ave. # C Burbank, LA, Ca 91502
818

- 732

- 0330 ErickLarsen@Outlook.com

## Mark Edward Doutt

– 333 Petition

February 28, 2016 P a g e | 11 of 11 

## Petitioner’s Commercial UA S Aircraft Fleet

Petitioner requests an exemption to operate the following UAS aircraft:

3D Robotics Iris

3D Robotics Solo

3D Robotics X8

- M

DJI Inspire 1

DJI Inspire 1 Pro X5, X5 Black, X5R (raw), and XT (thermal)

DJI Matrice 100

DJI Phantom 1

DJI Phantom 2 V ision, Vision+

DJI Phantom 3 Professional, A dvanced, Standard, and 4k

DJI Phantom 4

DJI Spreading Wings S90 0

DJI Spreading Wings S1000, and S1000+

Droidworx SkyJib 8

Droidworx SkyJib 8/ X4

Freefly Systems Alt a

Lily Robotics, Inc. Lily

XCraft PhoneD rone Ethos

XCraft X PlusO ne

Yuneec Typhoon G, Q500 , and Q500 4k

Yuneec Tornado CGO4, and H920