James Canale

3003 Ironwood Flat Drive

High Point, NC 27265

January 7, 2016

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; 14 C.F.R. 61.113(a)&(b); 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:

I, James Canale, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the

procedures contained within 14 C.F.R. 11, to request that I, James Canale, an owner and

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations

(“FARs”) listed below so that I, James Canale, may operate my small ultra lightweight

unmanned aircraft system (“UAS”) in commercially regulated airspace by the Federal Aviation

Administration (“FAA”).

As described herein, I, James Canale, am a licensed Private Pilot and a licensed Airframe and

Powerplant Mechanic; experienced in flying hobby fixed wing aircraft and rotary wing aircraft for

recreational purposes. Following the exemption and approval by the FAA, I, will be using my

professionally built DJI Phantom 3 Professional and DJI Inspire 1 UAS equipped with cameras

for the following commercial applications:

• Aerial photography and videography for public and/or private purposes for real estate

listings, land surveying and development, architecture, and other related activities

• Aerial inspection of residential and commercial structures only under contract and

permission with any registered owners or with any local government authority

• Aerial photography and videography for public and/or private use including television,

commercial advertising, special events, cinematography, and news gathering.

• Aerial photography and videography or providing live video feed to assist with search and

rescue operations in cases of an emergency or natural disaster only when requested by the

local authorities or government by contract or donation.

As described fully below, the requested exemption would permit the operation of ultra

lightweight, unmanned (i.e. piloted by remote control) UAS’s within in tightly controlled, limited
airspaces, predetermined in areas away from the general public, airports, heliports and

vehicular traffic. Approval of this exemption request will comply with the Secretary of

Transportation’s (FAA Administrator’s) instructions 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.” Further I, James Canale, will conduct my operations in

compliance with the protocols described herein or as otherwise established by the FAA.

I. The contact information of the applicant is:

James Canale

3003 Ironwood Flat Drive

High Point, NC 27265

Phone: 720-437-0090

Email: jim.canale@yahoo.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from which James

Canale Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (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 James Canale Seeks and the Reason He Seeks Such Relief

I, James Canale, 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 my 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. My ultra lightweight

UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore

the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I

would like to operate my ultra lightweight UAS prior to the time period by which the Reform Act

requires the FAA to implement rules governing such craft. Thereby, providing direct experience

and valuable information for formal regulation that can be administered uniformly to all related

UAS aerial video and 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).

The following items reflect in favor of my requested exemption. My UAS’s utilize four (4) or less

rotating propellers for balance, control, and stability. My UAS’s are also equipped with altimeter,

attitude indicator, ground speed indicator, magnetic compass, heading indicator, vertical speed
indicator, course deviation indicator, radio magnetic indicator, GPS location, battery use

indicator, automatic circle mode, automatic return to launch, and automatic landing technology.

Each UAS weighing less than thirty-five (35) pounds (far below the maximum 55 pound limit);

Including camera(s) with or without gimbal (a camera stabilizer). I, James Canale, considers

safety as foremost with each flight. My small unmanned aircraft is designed to hover in place,

circle in a specific place or loiter( figure 8 flight) via GPS and can be operated in winds up to

30.4 knots (35mph) wind. For safety reasons, I will not fly in winds exceeding 21.7 knots (25

mph). Built in safety systems include a GPS mode that allows my UAS to hover/circle in place or

land when radio controls are released.

With three (3) modes to choose from, I will fly with the modes safest to complete the videos for

aerial videography/photography and have the ability to choose the safest, most reliable and

stable mode to prevent accident and hazard. When pilot communication from the radio control is

lost, UAS is designed slowly descend to point of takeoff and or to land at point of launch after

ascending to a pre-set altitude to ensure the UAS will clear any obstacles that may be between

the takeoff point and the current position of the UAS. This failsafe altitude will not be set more

than 200ft and is determined before each flight.

I, James Canale, will not operate my UAS 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. I am 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 my location or I suspect manned aircraft

may approach near my location. My UAS’s are capable of vertical and horizontal operations,

and is flown only within my line of sight, as the remote control pilot. My UAS's are also flown

with a second operator who aids in watching for any obstacles, including manned aircraft, within

the flight zone of the UAS. Utilizing battery power rather than combustible fuels, flights generally

last between three (10) to fifteen (15) minutes, with an altitude under one hundred fifty (150)

feet. Smart Mode includes, position hold, self-leveling, altitude command, GPS, return home

feature, and safety control to return home or land in the event of communication interruption

between RC transmitter and UAS.

I, James Canale, utilize a fresh fully charged battery with each flight as a safety precaution; full

flight time limit for each battery is eight (8) to thirty (30) minutes as tested. I do not operate my

UAS at or below manufacturer recommend minimum charge levels for operation; preferring to

remain 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. I 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. I 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. I also practice computerized simulated flights to

maintain adequate skills and response reflex time. All for the sake of safety.

I, James Canale, am extremely cautious when operating of my UAS/ultra lightweight 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 my 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. My 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 James Canale’s Request Will Benefit the Public As A Whole

I, James Canale, feel that my request for an exemption will in the public interest are as follows:

• I will be able to provide cost-effective aerial photography services to businesses that may

not have been able to afford this in the past, this will help these businesses grow and

improve the local and national economy.

• The aerial imaging that I can provide will only have a positive impact on the city of High

Point, NC by providing images for companies looking to relocate to this area as well as

individuals looking to relocate for career advancement through academic and geographical

awareness.

• The service that I can provide will be much better for the environment, the UAS’s that I

operate are battery powered and create no harmful emissions.

• The small UAS’s that I will be operating will pose no threat to the public given its small size

and lack of combustible fuel when compared to larger manned aircraft.

• The UAS will also be carried to the location in need of aerial footage, not flown there. The

UAS will carry no passengers or crew and, therefore, will not expose any individuals to the

risks associated with manned aircraft flight

V. Reasons Why James Canale’s Exemption Will Not Adversely Affect Safety Or How The

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My exemption will not adversely affect safety. Quite the contrary, for the reasons stated

permitting me, James Canale, to log more flight time in FAA controlled airspace, with

communication with the FAA, will allow me to contribute to the innovation and implementation of

new and novel, as of yet undiscovered safety protocols for Realtors, land, and structure owners.

For development in cooperation with the FAA. In addition I, James Canale, submit the following

representations of enhancements to current aerial videography and photography: My UAS’s

weigh less than thirty-five pounds complete with a an integrated ultra-light weight camera.; I only

operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA

Modernization and Reform Act of 2012); My UAS only operate for 3-30 minutes per flight; I land

my UAS prior to manufacturer recommended minimum level of battery power; I pilot my UAS

through remote control only by line of sight; and have live video feed for a secondary pilot to

monitor video recording; I receive a live telemetry feed from my UAS during all flights which

include remaining battery voltage, distance, altitude, and any anomalies that may occur during

flight.

My UAS’s Command and Control utilizes spread spectrum 2.4Ghz-2.485Ghz frequencies in

accordance with CFR 47, Part 15 for model aircraft use.

My UAS’s camera system utilizes 5.725Ghz-5.875Ghz frequencies in accordance with CFR 47,

Part 15.

My UAS’s have a GPS controlled flight controller- a flight safety feature whereby it hovers or
circles and then lands at the GPS takeoff point if communication with the remote control pilot

is lost; I actively record and analyze flight data through the DJI Inspire 1 and DJI phantom 3

flight controller app to constantly update and enhance safety protocols; I only operate in

reasonably safe environment that are strictly controlled, are away from power lines, elevated

lights, airports and actively populated areas; I conduct extensive preflight inspections and

protocol, during which safety carries primary importance; I always obtain all necessary

permissions prior to operation; and, I have procedures in place to abort flights in the event of

safety breaches or potential danger. My personal 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 real estate, structured inspections, land management

and search and rescue. 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 a battery powered ultra lightweight UAS. First, the potential loss of life is

diminished because UAS's carry no people on board and I only operates my 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 my UAS allow me 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, my 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, my 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:

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 my UAS’s permits exemption from Part 21

because my 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. Both

pieces of legislation permit the FAA to exempt my, James Canale’s, 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. My, James Canale’s, 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 a safety/flight manual delineating

areas of where safety can be defined.

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 my UAS utilizes

electronic global positioning systems with a barometric sensor or controlled GPS “geofencing”

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

me, James Canale.

B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require

aircraft to be marked according to certain specifications. My UAS can be marked with the

appropriate “N” number once this “N” number has been given.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§

61.113 (a) & (b), private pilots are limited to non-commercial operations. The sUAS Pilot in

Command must possess at least a sport pilot certificate and a driver's license. The PIC must

also meet the flight review requirements specified in 14 CFR § 61.56 in which the PIC is rated

on his/her pilot certificate as outlined in 14 C.F.R. § 61.

D. 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. My UAS will never operate at an altitude greater than 300ft AGL; safely below the

standard of 400 AGL. I, James Canale, will however operate my 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 my UAS, an

equivalent or higher level of safety will be achieved.

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

Manual

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 my James Canale’s, UAS. However,

as a safety precaution I inspect my UAS before and after each flight.

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 my UAS permits exemption from Part 21 because my, James Canale’s, UAS meets 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. 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. My 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, James Canale, 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. §§ 61.113 (a) & (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 my, James Canale’s, small unmanned vehicle/lightweight

unmanned aircraft vehicle in community awareness, education, structural inspection land

management, search and rescue and real estate operations, and to develop economic platforms

for the aforementioned to enhance the experience of those seeking to relocate, rebuild,

reevaluate and to find in the metro High Point area.

Additional FAA Required Operating Conditions and Limitations

When not covered elsewhere in this Operations Manual, the following conditions and

limitations apply:

1. The UA must weigh less than 55 pounds (25kg), including energy

source(s)and equipment

2. The UA may not be flown at a speed exceeding a ground speed of 85 knots.

3. Flights must be operated at an altitude of no more than 500 feet above ground level

(AGL), as indicated by the procedures specified in the operator's manual. All

altitudes reported to ATC must be in feet AGL.

4. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times.

his requires the PIC to be able to use human vision unaided by any device other

than corrective lenses, as specified on the PIC's state driver’s license.
5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the

VLOS requirement, as long as the PIC always maintains VLOS capability. The VO

and PIC must be able to communicate verbally at all times,

6. If a discrepancy exists between these limitations and any procedure outlined elsewhere

in this operations manual, the conditions and limitations herein take precedence and

must be followed.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS,

the aircraft is prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station, if utilized, must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight in accordance with the operator's manual. The PIC who conducts

the functional test flight must make an entry in the UAS aircraft records of the flight.

9. The operator must follow the manufacturer's UAS aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements. When unavailable,

aircraft maintenance/component/overhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a

minimum, the following must be included in the operator's manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a

current state driver’s license. The PIC must also meet the flight review requirements

specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his/her pilot

certificate.
11. Prior to operations conducted for the purpose of motion picture filming (or similar

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS

rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single

blade or multirotor). Prior documented flight experience that was obtained in compliance

with applicable regulations may satisfy this requirement. Training, proficiency, and

experience-building flights can also be conducted under this grant of exemption to

accomplish the required flight cycles and flight time. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are considered

non-participants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS

to be utilized for operations under the exemption and three take-offs and three landings in the

preceding 90 days. Training, proficiency, experience-building, and take-off and landing

currency flights can be conducted under this grant of exemption to accomplish the required

flight time and 90 day currency. During training, proficiency, experience-building, and take-off

and landing currency flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from non-participants

in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual

observer (VO) must have successfully completed a qualification process, as outlined in

the operator’s manual. As this is a requirement stipulated by the operator, the test must be

developed and implemented by a qualified person designated at the sole discretion of the

operator. A record of completion of this qualification process must be documented and made

available to the Administrator upon request.

14. Prior to operations conducted for the purpose of motion picture filming (or similar

operations), a flight demonstration, administered by an operator-approved and -qualified pilot

must be successfully completed and documented. This documentation must be available for

review upon request by the Administrator. Because the knowledge and airmanship test

qualifications have been developed by the operator, and there are no established practical

test standards that support a jurisdictional FAA FSDO evaluation and approval of company

designated examiners, the petitioner will conduct these tests in accordance with the operator’s

manual.

15. The UAS may not be operated directly over any person, except authorized and consenting

production personnel, below an altitude that is hazardous to persons or property on the surface

in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety

mitigations for authorized and consenting production personnel. At all times, those persons

must be essential to the closed-set film operations. Because these procedures are specific to

participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is

necessary for reductions to the distances specified in the petitioner’s manuals. This is

consistent with the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1

Issue a Certificate of Waiver for Motion Picture and Television Filming.
17. Regarding distance from non-participating persons, the operator must ensure that no

persons are allowed within 500 feet of the area except those consenting to be involved and

necessary for the filming production. This provision may be reduced to no less than 200 feet

if it would not adversely affect safety and the Administrator has approved it. For example, an

equivalent level of safety may be determined by an aviation safety inspector’s evaluation of

the filming production area to note terrain features, obstructions, buildings, safety barriers,

etc. Such barriers may protect non-participating persons (observers, the public, news media,

etc.) from debris in the event of an accident. This is also consistent with the same FAA Order

8900.1, V3, C8, S1. 18. If the UAS loses communications or loses its GPS signal, the UA

must return to a pre-determined location within the security perimeter and land or be

recovered in accordance with the operator’s manual.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance

with the operator’s manual.

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

accordance with the operator’s manual.

20. Each UAS operation must be completed within 30 minutes flight time or with 25%

battery power remaining, whichever occurs first.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under this grant of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS

maintenance, preventative maintenance, alterations, status of replacement/overhaul

component parts, and the total time in service of the UAS. These procedures must be

added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be

added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the

following requirement: The preflight inspection must account for all discrepancies, i.e.

inoperable components, items, or equipment, not covered in the relevant preflight

inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and

control of the UAS must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.
28. At least three days before scheduled filming, the operator of the UAS affected by this

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction

over the area of proposed filming. The 3-day notification may be waived with the

concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights

b. Name and phone number of the person responsible for the UAS filming

production under this grant of exemption

c. Name and phone number of the person responsible for the on-scene operation

of the UAS.

d. Make, model and serial or N-number of the UAS to be used

e. Name and certificate number of the UAS PIC's involved in the filming

production event

f. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the filming production event; the

list of those who gave permission must be made available to the

inspector upon request.

g. Signature of exemption-holder or representative

h. A description of the flight activity, including maps or diagrams of any area,

city, town, county, and/or state over which filming will be conducted and the

altitudes essential to accomplish the operation

29. The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC

at the ground control station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

30. The UAS must remain clear and yield the right of way to all other manned operations

and activities at all times (including, but not limited to, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

32. The UAS cannot be operated by the PIC from any moving device or vehicle.

33. The UAS may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

34. The UAS may not operate in Class B, C, or D airspace without written approval from the

FAA. The UAS may not operate within 5 miles of the geographic center of a non-towered

airport as denoted on a current FAA-published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is conducted in
accordance with a NOTAM as required by the operator’s COA. The letter of agreement

with the airport management must be made available to the Administrator upon request.

35. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS-80) within 24

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may

not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and

authorization to resume operations is provided.

Currently, the aforementioned aerial videography/photography relies primarily on the use of

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my,

James Canale”s, request for exemption will reduce current risk levels and thereby enhance

safety. My UAS craft do not contain potentially explosive fuel, is smaller, lighter and more

maneuverable than conventional video and photographic aircraft with much less flight time.

Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk

flying to and from established airfields.There are no personnel on board my, James Canale’s,

UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My,

James Canale’s, operation of my UAS, weighing less than thirty-five (35) pounds and traveling

at lower speeds within limited areas low to the ground will provide an equivalent level of safety

as that achieved under current FARs. Accordingly I, James Canale, respectfully request that the

FAA grant my exemption request and am willing to cooperate in sharing information to benefit

the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

James Canale

3003 Ironwood Flat Drive

High Point, NC 27265