Westside Drones Lestley Pierce
13635 Vose St. Van Nuys CA, 91405 Tele: (818)781-0877

May 15, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

We, Westside Drones, are writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that Westside Drones, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that We, Westside Drones, may operate our small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein Westside Drones Members, are Certified Private Pilots in the United States; experienced in flying hobby Quad Copters for recreational purposes. Our Inventory includes a Two DJI Phantom 3 with 4k cameras and a 3DR Solo Smart Drone equipped with a GoPro Hero 4 with the intent for aerial videography/cinematography to enhance academic communityawareness for those individuals and companies unfamiliar with the geographical layout of the Southern California area, and augment real estate listing videos; following exemption and approval by the FAA. Thereby enhancing their academic research experience for the Southern California area. UAS Specs Below:

Phantom 3 Aircraft**Weight (Including Battery And Propellers)**

1280 g **Diagonal Size (Including Propellers)**

590 mm **Max Ascent Speed**

5 m/s **Max Descent Speed**

3 m/s **Hover Accuracy**

• Vertical: +/- 10cm
• Horizontal: +/- 1m **Max Speed**

16 m/s (ATTI mode, no wind)
**Max Altitude Above Sea Level**

6000 m **Operating Temperature**

0°C to 40°C **Gps Mode**

GPS/GLONASS

3DR Solo Smart Drone Aircraft

### Cameras: Compatible with GoPro® HERO3, 3+ and 4; optimized for HERO3+ and 4

### Streaming video quality: 720p

Flight time: 25 minutes; 20 minutes with payload*

Range: .5 miles** (.8 km)

Max speed: 55 mph (89 km/h)

Max ascent speed: 10 m/s in stabilize mode; “fly” mode spec forthcoming

Max descent speed: ditto

Max payload: 420 g

Max altitude: 400 ft per FAA regulation, user adjustable (122 m)

Motors: 880 kV

Propellers: 10 ʺ diameter 4.5 ʺ pitch self-tightening (24 cm diameter 144 cm pitch)

Autopilot: Pixhawk 2

Software: APM:Copter

Communication: 3DR Link secure WiFi network

Frequency: 2.4 GHz

Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg) with GoPro® and
Solo Gimbal

Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor-to-motor

Flight battery: Lithium polymer 5200 mAh 14.8 Vdc

### Battery charge time: ~1.5 hours

Controller battery: 2600 mAh 7.2 Vdc rechargeable lithium ion

Westside Drones is Committed to safety with each flight. Westside Drones exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos.

Granting our, Westside Drones, request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further We, Westside Drones, will conduct our operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below, We, Westside Drones, respectfully request the grant of an exemption allowing us to operate ultra light weight, remote controlled UAS’s for academic community awareness to benefit/stimulate attraction to the Los Angeles area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential public hazard.

### I. Contact Information:

Westside Drones, Lestley Pierce 13635 Vose St. Van Nuys CA, 91405 Tele:(818) 781-0877 Email: SonnySly@gmail.com



### II. The Specific Sections of Title 14 of the Code of Federal **Regulations from which Westside Drones, Requests Exemption are:** 

14 CFR 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).



### III. The Extent of relief Westside Drones seeks and the
**Reason We Seek Such Relief:**

We, Westside Drones, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent we, Westside Drones, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Our, Westside Drones, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of our ultra light weight UAS is expressly contemplated by the Reform Act. We would like to operate our light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial videoand photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemptionfor us, Westside Drones. Our UAS utilizes eight (4) counterrotating propellers for balance, control and stability. Our UAS is equipped with GPS and auto return safety technology. Weighing less than fifteen (20) pounds (far below the max. 55 pound limit); including camera with gimbal.

Westside Drones, considers safety as foremost with each flight. Our small unmanned aircraft is designed to hover in place via GPS and operate in less than a 13 knot (15 mph) wind. For safety, stability and fear of financial loss we will not fly in winds exceeding 13 knot (15 mph). Built in safety systems include a GPS mode that allows our UAS to hover in place when radio controls are released. No UAS operations near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. We are constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach our location or we suspect manned aircraft may approach near our location. Our UAS is capable of vertical and horizontal operations, and are flown only within our line of sight of us, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude under three hundred (300) feet. We, Westside Drones, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is ten (10) to fifteen (15) minutes as tested. We do not operate our UAS at or below manufacture recommend minimum charge levels for operation; preferring toremain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. We do not believe in taking risk that may cause a crash, that could create hazard to the public/property/ manned aircraft, and have no desire to lose an investment. We have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions.

We, Westside Drones, are extremely cautious when operating our UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of our UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Westside Drones UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.



### IV. How Westside Drones Request Will Benefit the Public As
**A Whole:**

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash that the Los Angeles community has experienced in the past with military aircraft and medical helicopter crashes within the SoCal area.Each resulting in loss of life. Each with combustible fuel that exploded and burned on impact. Police helicopters have made emergency hard landings within city limits. Our, Westside Drones, UAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting Our, Westside Drones, exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around the Los Angeles area. Our ultra light weight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through our battery operated ultra light weight UAS's. Permitting us, Westside Drones, to immediately fly within national air space furthers economic growth. Granting our exemption request substantially furthers the economic impact for the Los Angeles community for companies looking to relocate or build in the SoCal area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.



### V. Reasons Why Westside Drones Exemption Will Not **Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:** 

Our, Westside Drones, exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting us, Westside Drones, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow us to contribute to the innovation and implementation of new and novel, as of yetundiscovered safety protocols for Realtors that can be embraced by the National Association of Realtors and California Association of Realtors, for development in cooperation with the FAA. In addition We, Westside Drones, submit the following representations of enhancements to current aerial videography and photography for real estate:

Our UAS weighs less than 20 pounds complete with gimbal and high resolution Cameras; We only operate our UAS below 300 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

Our UAS only operate for 10-15 minutes per flight; We land our UAS prior to manufacturer recommended minimum level of battery power; We pilot our UAS through remote control only by line of sight; Our UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; We actively analyze flight data and other sources of information to constantly update and enhance safety protocols; We only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; We conduct extensive pre-flight inspections and protocol, during which safety carries primary importance; and We always obtain all necessary permissions prior to operation.

Our, Westside Drone, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate abattery powered ultra light weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on board and we only operate our UAS in specific areas away from mass populations.

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.

Third, the small size and extreme maneuverability of our UAS allows us to remotely pilot away from and avoid hazards quickly and safely.

Lastly, given its small size and weight, even when close enough to capture amazing images, our UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom.

Accordingly, our UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels.



### VI. A Summary The FAA May Publish in the Federal **Register:**

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of our, Westside Drones, UAS permits exemption from Part 21 because our UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Bothpieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Our, Westside Drones, current and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining our, Westside Drones, safety protocols. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by us, Westside Drones.

14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Our UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, We will mark our UAS in the largest possible lettering by placing the word “EXPERIMENTAL”on its fuselage as required by 14 C.F.R. §45.29 (f) so that we the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Our UAS will never operate at an altitude greater than 300 AGL; safely below the standard of 400 AGL. We, Westside Drones, will however operate our UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of our UAS, an equivalent or higher level of safety will be achieved.

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to our, Westside Drones,UAS. However, as a safety precaution we inspect our UAS before and after each flight as well as maintaining a maintenance log.

A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of our UAS permits exemption from Part 21 because our, Westside Drones, UAS meets an equivalent level of safetypursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Our UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.



### In summary, Westside Drones seeks an exemption from the **following Regulations:**

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate our, Westside Drones, small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Los Angeles area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use oflarger aircraft running on combustible fuel. Posing potential risk to the public. Granting our, Westside Drones, request for exemption will reduce current risk levels and thereby enhance safety. Our UAS craft do not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with less flight time. Further, We operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. We, Westside Drones have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board our, Westside Drones, UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. our, Westside Drones, operation of our UAS, weighing less than 20 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly We, Westside Drones, respectfully request that the FAA grant our exemption request and are willing

to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Westside Drones, Lestley Pierce 13635 Vose St. Van Nuys CA, 91405