Scott Wesley Urquhart

21 East A Street Apartment 1 Brunswick, MD

21716 (301)676-1250 scottieurquhart@gmail.com

Scott Urquhart petitions for a Grant of Exemption so that he can conduct aerial videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the Frederick county area and to augment real estate listing videos. Specifically he request an exemption from part 21, subpart H; and Sections 45.23(b),61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91 .151 (a), 91 .203(a) and (b), 91.405(a), 91.407(a)(1 ), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). These flights would be conducted using either a DJI Phantom 3 Advanced with a built in

camera.

With Safety being his primary goal, he looks at this operation as a safer alternate to operating a larger petroleum powered aircraft requiring airborne crew members. To ensure that he can meet those requirements he will make sure that all his PICs have at least a private pilots certificate with a current FAA class 3 physical. In addition he will insist that all PICs go through his ground training program that will cover the operation of the specific UAV they will be operating , weather requirements, UAV system operations both normal and emergency . The training will also cover the importance of documenting both the flight hours of the PIC and the UAV . Special emphasize will be put on documenting any and all maintenance discrepancies and the importance of properly documenting the resulting corrective action prior to any flight. In addition, he believes that every

PIC needs to have accumulated at least 25 hours of UAS time of which at least

10 hours would be in multi rotor UAVs and have at least 5 hours in make/model prior to commercial operations. To maintain proficiency he will make sure the PIC makes at least 3 take offs and landings within any 90 day time frame and all these requirements will be documented in the Pilots log book. To ensure he does not interfere with any other manned aircraft he will not fly above 400' or within 5 miles of any airport unless he is in radio contact with the control tower. To ensure all know of his presence he will post all flights on Notams and will advise all local residence of impending flights. On the day of the flight he will post signage indicating that a UAV flight is in the immediate area. As for the actual UAV operation he will insist on that all PICs complete a preflight safety check of the UAS that will ensure all components of the system work as required.

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals. 2 Section 45.23(b) prescribes that when marks includeonly the Roman capital letter "N" and the registration number is displayed on

limited, restricted or light-sport category aircraft or experimental or 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," "light-sport," "experimental,n or "provisional," as applicable.

Because of the size of the aircraft he proposes to install the "N" on the fuselage but does not think there is adequate space to also place any of the categories mentioned.

Section 61 .113(a) and (b) prescribes that- (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or

hire.

Since he will not be carrying any passengers or property for compensation he feel a private pilot can carry out the responsibilities of the PIC.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. An exemption is requested to 91.7(a) because the UAV does not have to receive an airworthy condition by the FAA

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when un airworthy mechanical, electrical,

or structural conditions occur. He will terminate any flight when the aircraft becomes un airworthy with mechanical, electrical or structural conditions. There is no exception.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Section 91.1 03(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and landing distance

information.The Phantom 3 Advanced does not use any runway for take off and the

company policy is that the Phantom 3 Advanced will remain clear of all ramps, taxiways and runways associated with any airport.

Section 91.1 09(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The Phantom 3 Advanced does not have dual flight controls and all instruction is via the one controller. He therefore request an exemption from this requirement

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes

(a) Anywhere. An altitude allowing, if a poher unit fails, an emergency landing without undue hazard to persons or property on the surface. He will not operate the Phantom 3 Advanced near any poher lines, light posts or any other pohered obstacle (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. He will not operate the Phantom 3 Advanced over any congested areas. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

Because of small size of the Phantom 3 Advanced (3 lbs) and the fact there is no fuel on board he feel as how he offer no risk to flying less than 500 in other than congested areas. He would like to operate like powered parachutes in that he will ensure that he do not present any hazard to persons or property on the surface. In addition he will ensure he have permission from the owner of any vehicle or property prior to getting within the 500 ft area. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain 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."The Phantom 3 Advanced does not have a barometric altimeter but uses

GPS signals to compute altitude. He will set the altitude to zero prior to take off so as to be able to know altitude above the ground at all times.

Section 91.151 (a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast heather 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 [emphasis added].

Since the Phantom 3 Advanced does not carry fuel but uses battery power he request the following. The battery on the Phantom 3 Advanced has 2 lights that come on when the battery is at 30% power and he would like to use that as the planning to return for a safe landing. Most of his flights will not exceed 10 minutes in flight and since the battery has a normal 25 minute range this 30% factor should provide a safe return point. He will ensure that all flights consider winds in determining there return point as they could have a head wind on return.

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31 (c). An exemption is requested for the airworthiness requirement since the Phantom

3 Advanced does not have an airworthiness.

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Since there is no requirement for an airworthiness certificate for the Phantom 3 Advanced this requirement would not be appropriate. In addition because of the size of the aircraft there is just not a place to display the

certificate.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.4

There is no approved maintenance program for the Phantom 3 Advanced but he will ensure that it goes through a complete overhaul by an approved OJ/ maintenance personnel annually.Section 91.407(a)(1) prohibits, in pertinent part, any person from operating

an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under§ 43.7 of the same chapter.

After any maintenance that requires change of engine or propeller that aircraft will undergo an test flight by the PIC in a remote underpopulated area to ensure the aircraft is operating safely

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

After any maintenance that requires change of engine or propeller that aircraft will undergo a test flight by the PIC in a remote underpopulated area to ensure the aircraft is operating safely

Section 91.417(a) and (b) prescribes, in pertinent part, that- (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hhis, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for

return to service. ( 2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.5 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.(vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major

alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under He will ma1ntam an aircraft 1ogoook that will reflect all flight t1me on the UAII. any maintenance performed on the UA\1. There are no ltfe-lmuted parts on the Phantom 3 Advanced. no system of AD . If flight safety

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. Scott Urquhart provides the following supporting documentation including: 1) Supplemental Response for Petition, 2) PHANTOM Flying Flow Chart V1.0 (Simplified Version), PHANTOM Quick Start Manual v1.7, PHANTOM Advanced Manual v.1.4, 3) PHANTOM 3 ADVANCED Vision+ User Manual 4) restricted areas map, 5) personal protocols and controls, and 6)Scott Urquhart Safety/Flight Manual (all hereinafter 7) Radio Frequency Spectrum chart referred to as operating documents). Unmanned Aircraft System

Scott Urquhart plans to operate a UAS, the PHANTOM 3 ADVANCED, which is comprised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by brushless electric motors powered by batteries. The UA has a maximum airspeed of 30 knots. Scott Urquhart plans to operate the UA over various areas of Frederick County and Washington County to enhance academic community awareness and augment real estate listing videos. Scott Urquhart makes the following representations of operational enhancements which he proposes to abide by to ensure this exemption will provide a level of safety at least equal to existing rules:

• Scott Urquhart will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; and • Scott Urquhart will conduct extensive preflight inspections and protocols, during which safety carries primary importance. Scott Urquhart states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by him, an exemption from 14 CFRpart 21, Subpart H (Airworthiness Certificates) and§ 91.203 (a) and (b)

(Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, Scott Urquhart states that he will mark his UAS in the largest possible lettering by placing the word "Experimental" on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a spotter will see the markings. The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1 ), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, Scott Urquhart states as a safety precaution he will perform a preflight inspection of his UAS before each flight as outlined in his operating documents.

UAS Pilot in Command (PIC) Scott Urquhart asserts that under§ 61.113 (a) and (b) private pilots are limited to non- commercial operations, however he can achieve an equivalent level of safety as achieved by current regulations because his UAS does not carry any pilots or passengers. Further while helpful, a pilot license will not ensure remote control piloting skills. He believe that the risks of operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges

and Limitations: Pilot in command.

Regarding UAS operational training, the Scott Urquhart has flown hundreds of practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of his UAS' performance under different weather and environmental conditions. He further states that he practices computerized simulated flights to maintain adequate skills and response reflex time.

Scott Urquhart will abide by the following additional operating conditions under this exemption: •Operate the UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in direct line of sight visual observation; operate the UAS for 3-7 minutes per flight; • land the UAS prior to the manufacturer's recommended minimum level of battery power; • operate the UAS only within visual line of sight (VLOS); • use the UAS' global positioning system (GPS) flight safety feature whereby it

hoversand then slowly lands if communication with the remote control pilot is lost;

• conduct all operations under his own personal and flight safety protocols (including posting a warning sign reading: "Attention Aerial Photography in Progress - Remain Back 150 feet'') contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance his safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information; • always obtain all necessary permissions prior to operation; and have procedures in place to abort flights in the event of safety breaches or potential danger.

Scott Urquhart states that§ 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. Scott Urquhart asserts that since there is currently no certificate applicable to his operation, this regulation is inapplicable.

91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable.

Scott Urquhart can maintain an equivalent level of safety by maintaining a safety/flight manual with the UAS ground station.

Public Interest Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, the expense has been cost-prohibitive. Granting this exemption to Scott Urquhart would allow him to provide this service at a much lower cost. Further, small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned, and the precautionary measures taken every flight.

The FAA has organized the petitioner’s information into his sections: 1) the unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public Interest. Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the PHANTOM 3 ADVANCED, which is comprised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station.

The PHANTOM is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It is equipped with his rotors that are driven by electricmotors powered by batteries. The UA has a maximum airspeed of 30 knots.

Petitioner plans to use the attached camera to his UA and operate the UA over various areas near Frederick, MD to enhance academic community awareness and augment real estate listing videos. Petitioner makes the following representations of operational enhancements which he proposes to abide by to ensure this exemption will provide a level of safety at least equal to existing rules: • He will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas;

and • He will conduct extensive preflight inspections and protocols, during which safety carries primary importance.

The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, petitioner states that he will mark his UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a spotter will see the markings.

The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, the petitioner states as a safety precaution he will perform a preflight inspection of his UAS before each flight as outlined in his operating

documents.

UAS Pilot in Command (PIC) The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to non commercial operations, however he can achieve an equivalent level of safety as achieved by current regulations because his UAS does not carry any pilots or passengers. Further, he states that, while helpful, a pilot license will not ensure remote control piloting skills. He further indicates that the risks of operating a

UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.Regarding UAS operational training, the petitioner states he has flown

numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of his UAS’ performance under different temperature and heather conditions. He further states that he practices computerized simulated flights to maintain adequate skills and response reflex time.

In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary airman certificate in accordance with § 63.13, to allow him time to obtain a private pilot certificate or to allow the FAA

time to establish minimum UAS airman certification standards.