2/25/16

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

Dear Sir or Madam:

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

"Reform Act") and 14 C.F.R. Part 11, Chris Dunn [unmanned aerial systems], seeks

an exemption from the Federal Aviation Regulations ("FARs") listed below to allow

commercial operation of its UAS' so long as such operations are conducted within

and under the conditions outlined herein or as may be established by the FAA as

required by Section 333.

The requested exemption would permit commercial operation of Chris Dunn

[unmanned aerial systems, a multi rotor aircraft, weighing less than 55 lbs.

including cargo. The applications for this UAS device would consist of still

photographs and/or video taken by an onboard camera and associated data

processing functions and used for aerial videography and photography for weddings

special events, real estate, filmmaking, aerial inspections on construction

sites of difficult to reach equipment or structures, cell towers and small cells. The private use including 

real estate, architecture, land surveying, sports promotions, landscaping and other related 

professional activities.

Use of the UAS for these purposes reduces the need to operate conventional aircraft or other 

equipment for the same purpose and provides very high quality imagery at a fraction of the cost of

surveys and inspections using conventional means. Likewise, inspections of structures can be safely 

performed without endangering the inspector or inhibiting local industrial or public operations with 

ladders, lifts or other equipment. These savings result in enhanced safety. efficiency and productivity 

for the affected activities, as well as environmental benefits and potential savings in both cost and

hazards to the public.

The name and address of the applicant is:

Michael Dunn

102 Alanwood Ct.

Warner Robins, Ga 31093

478-960-4669

Chris@DunnOnsite.com

Small UAS Certificate of Registration

CERTIFICATE HOLDER: Michael Dunn

UAS CERTIFICATE NUMBER: FA3RCY9KCL

3DR Solo # S111A5604278

DJI Phantom 2 Vision + 

Section 333 Exemptions

FAA-2007-0001-0001
Page 2

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 417 (a) & (b)

14 C.F.R. 45.23(b) 14 C.F.R. 409 (a) (2)

14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 407 (a) (1)

14 C.F.R. 91.7 (a) 14 C.F.R. 91.405 (a)

14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.103 14 C.F.R. 91.151 (a)

14 C.F.R. 91.109 14 C.F.R. 91.121

14 C.F.R. 91.119

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of

Transportation to consider whether certain unmanned aircraft systems may

operate safely in the national airspace system (NAS) before completion of the

rulemaking required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of sUAS' do not

create a hazard to users of the NAS or the public or pose a threat to national security

in light of the following:

• The sUAS' size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within visual line of sight of the operator.

Reform Act 333 (a) If the Secretary determines that such vehicles "may operate

safely in the national airspace system, the Secretary shall establish requirements for

the safe operation of such aircraft in the national airspace system."

The Federal Aviation Act expressly grants the FAA the authority to issue

exemptions. This statutory authority by its terms includes exempting civil aircraft,

as the term is defined under 40101 of the Act, that includes sUAS', from the

requirement that all civil aircraft must have a current airworthiness certificate.

Wright Bros. understands this provision to place the duty on the Administrator to

not only process applications for exemption under section 333, but for the

Administrator to craft conditions for the safe operation of the sUAS, if it should be

determined that the condition set forth herein do not fulfill the statutory

requirements for approval. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 3

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any sections 44702-44716

of this title if the Administrator finds the exemption in the public interest. 49 U.S. C.

44701(f) See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203 (a) (1).

Wright Bros. will use a multiblade rotorcraft built by myself (Ref: A&P Certificate

Number 3729542) weighing less than 55 lbs. including payload. It operates under

normal conditions at a speed of no more than 30 knots and has the capability to

hover, and move in the vertical and horizontal plane simultaneously. It will operate

only in line of sight (LOS) of the pilot and will operate only within the project area.

Such operations will insure that the sUAS will not create a hazard to users of the

national airspace system or the public.

Given the small size of the sUAS involved and the restricted environment withiri

which it will operate, Dunn Aerial Photography . falls squarely within that zone of SAFETY (an

equivalent level of SAFETK) in which Congress envisioned the FAA must, by

exemption, allow commercial operations of sUAS to commence immediately. Also

due to the size of the sUAS and the restricted areas in which the relevant sUAS will

operate, approval of the application presents no national security issue. Given the

clear direction in Section 333 of the Reform Act, the authority contained in the

Federal Aviation Act, as amended; the strong equivalent level of SAFETY

surrounding the proposed operations, and the significant public benefit, including

enhanced SAFETY. reduction in environmental impacts, including reduced

emissions associated with allowing sUAS for event and inspection operations the

grant of the requested exemptions is in the public interest. Accordingly, Wright

Bros. respectfully requests that the FAA grant the requested exemption without

delay.

Aircraft and equivalent Level of SAFETY

Dunn Aerial Photography. proposes the exemption requested herein apply to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These

limitations provide for at least an equivalent or even higher level of SAFETY to

operations under the current regulatory structure because the proposed operations

represent a SAFETY enhancement to the already safe photography and surveying

operations conducted with conventional aircraft. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page4

These limitations and conditions to which Chris Dunn. agree to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 20 minutes.

Flights will be terminated at 25% battery power reserve should that occur

prior to the 20 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual

Observer.

6. sUAS Pilot will be a skilled sUAS operator experienced in the type of UAS

flown.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other

than the sUAS Pilot, who possess the necessary PIC qualifications, is also

present that person can also be designated as PIC.

8. The sUAS will only operate within a confined Project Area.

9. A briefing will be conducted in regard to the planned sUAS operations prior

to aerial activities. All personnel who will be performing duties within the

boundaries of the SAFETY perimeter will be made aware of the sUAS

flight(s).

10. The operator will obtain the consent of all persons involved in the project

and ensure that only consenting persons will be allowed within 100 feet of

the flight operation.

11. Pilot and observer will have been trained in operation of sUAS generally and

received up-to-date information on the particular sUAS to be operated.

12. Observer and pilot will at all times be able to communicate by voice andjor

visuals.

13. Written and/or oral permission from the relevant property holders will be

obtained.

14. All required permissions and permits to be obtained from territorial, state,

county or city jurisdictions, including local law enforcement, fire, or other

appropriate governmental agencies.

15. If the sUAS loses communications or loses its GPS signal, the sUAS will have

capability to return to a pre-determined location within the Security

Perimeter and land.

16. The sUAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 5

Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness certificates as required by FAR

91.203 (a) (1). Given the size and limited operating area associated with the aircraft

to be utilized by the Wright Bros., an exemption from Part 21 Subpart H meets the

requirements of an equivalent level of SAFETY under Part 11 and Section 333 of the

Reform Act. The Federal Aviation Act (49 U.S.C. 44701 (0) and Section 333 of the

Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular SUAS.

Our small sUAS will be operated at low speed in a controlled environment at least

five miles from an airport. An analysis of these criteria demonstrates that the SUAS

operated without an airworthiness certificate, in the restricted environment and

under the conditions proposed will be at least as safe. or safer. than a conventional

aircraft (fixed wing or helicopter) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a secured area. Like other civil aircraft, operations

under this exemption will be tightly controlled and monitored by the operator,

pursuant to the Manual's requirements, and under the requirements and in

compliance with local public SAFETY requirements, to provide security for the area

of operation as is currently done on active construction sites. The FAA will have

advance notice of all operations.

These SAFETY enhancements, which already apply to civil aircraft operated in

connection with construction sites, provide a greater degree of SAFETY to the public

and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these

same criteria demonstrates that there is no credible threat to national security

posed by the sUAS, due to its size, speed of operation, location of operation, lack of

explosive materials or flammable liquid fuels, and ability to carry an external load

no greater than two lbs. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 6

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or

light sport category aircraft to be marked with letters between 2 inches and 6 inches

high "limited," "restricted," "light-sport," "experimental," or "provisional," near each

entrance to a cabin, cockpit, or pilot station.

Even though the sUAS will have no airworthiness certificate, an exemption may be

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on

which the word "experimental" can be placed. Given the size of the sUAS, two-inch

lettering will be impossible. The word "Experimental" will be placed on the fuselage

in compliance with 45.29 (t). The equivalent level of SAFETY will be provided by

having the sUAS marked on its fuselage as required by 45.29 (t) where the pilot,

observer and others working with the sUAS will see the identification of the sUAS as

"Experimental." The FAA has issued the following exemptions to this regulation:

Exemptions Nos. 107, 8738, 10167 and 10167 A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in

Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Unlike

a conventional aircraft that carries the pilot and passengers, the sUAS is remotely

controlled with no living thing or cargo on board. The area of operation is

controlled and restricted, and all flights are planned and coordinated in advance.

The risks associated with the operation of the sUAS are so diminished from the level

of risk associated with commercial operations contemplated by Part 61 when

drafted, that allowing operations of the sUAS as requested with a pilot who is an

experienced sUAS operator exceeds the present level of SAFETY achieved by 14

C.F.R. 61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in

airworthy condition. As there will be no airworthiness certificate issued for the

aircraft, should this exemption be granted, no FAA regulatory standard will exist for

determining airworthiness. Given the size of the aircraft and the requirements

contained in the Manual for maintenance and use of SAFETY checklists performed

by myself prior to each flight, an equivalent level of SAFETY will be provided. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 7

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard

requirements

The sUAS, given its size and configuration has no ability or place to carry such a

flight manual on the aircraft, not only because there is no pilot on board, but

because there is no room or capacity to carry such an item on the aircraft. The

equivalent level of SAFETY will be maintained by keeping the flight manual at the

ground control point where the pilot flying the sUAS will have immediate access to

it. The FAA has issued the following exemptions to this regulation: Exemption Nos.

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A 10602, 32827 and

10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to

ensure the SAFETY of flight. An exemption is needed from this requirement, as the

pilot will take separate preflight actions, including checking for weather conditions,

checking flight battery requirements, checking takeoff and landing distances, and all

other actions in the Preflight Checklist, in the sUAS Manual. These actions will

provide an equivalent level of SAFETY.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a

manned free balloon) that is being used for flight instruction unless that aircraft has

fully functioning dual controls. By design, sUAS and remotely piloted aircraft do not

have fully functional dual controls. Flight control is accomplished through the use of

a control box that communicates with the aircraft via radio communications. The

FAA has previously approved exemptions for aircraft without fully functional dual

controls. See Exemption Nos. 5778K & 9862A. The equivalent level of SAFETY

provided by the fact that neither a pilot nor passengers will be carried in the

aircraft, the ability to control the sUAS via radio signals from the controller, and by

the size and speed of the aircraft. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 8

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section

91.119 (d) allows helicopters to be operated at less than the minimums prescribed,

provided the person operating the helicopter complies with any route or altitudes

prescribed for helicopters by the FAA. This exemption is for a multirotor craft that

flies similarly to a helicopter, with vertical take off and vertical landing, which will

typically operate at altitudes of 200 AGL an exemption may be needed to allow such

operations. The sUAS will never operate at an altitude higher than 400 AGL and will

be in a restricted area, where buildings and people will not be exposed to operations

without their pre-obtained consent. The equivalent level of SAFETY will be

achieved given the size, weight and speed of the sUAS as well as the location where

it is operated. No flight will be taken without the permission of the property owner

and any onsite personnel all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighing far

more than the maximum 55 lbs. proposed herein and carrying flammable fuel, any

risk associated with our operations is far less than those presently presented with

helicopters and other conventional aircraft operation at or below 500 AGL in the

industry. In addition, the low-altitude operations of the sUAS will ensure separation

between these small sUAS operations and the operations of conventional aircraft

that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires 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." As the sUAS

may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of SAFETY will be achieved by the

operator, pursuant to the sUAS Manual and SAFETY Checklist, confirming the

altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR

conditions. Our sUAS is limited to operations in sterile and controlled environments

and has a limited range and flight time which require an exemption from 14 CFR

91.151(a). 

,, '

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 9

The battery powering the sUAS provides approximately 20 minutes of powered

flight. This does not meet the 30 minutes reserve requirement in 14 CFR 91.151.

Dunn Aerial Photography. believes that an exemption from 14 CFR 91.151(a) falls within the

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin

Corporation to operate without compliance with FAR 91.151 (a)). Operating the

small sUAS, in a tightly controlled area where only people and property owners or

official representatives who have signed waivers will be allowed, with less that 30

minutes of reserve fuel, does not engender the type of risks that Section 91.252 (a)

was intended to alleviate given the size and speed of the small sUAS. An equivalent

level of SAFETY can be achieved by limiting flight to 15 minutes, or enough battery

reserve to ensure that the sUAS lands at the ground station with at least 20% of

battery power (as determined by the onboard monitoring system and the pilot),

whichever happens first. This restriction would be more than adequate to return

· the sUAS to its planned landing zone from anywhere in its limited operation area.

Similar exemptions have been granted to other operations, including Exemptions

2689F, 5745, 10673 and 10808.

14 C.F.R. 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part:

(a) Except as provided in 91.715, no person may operate a civil aircraft

unless it has within it the following:

(1) An appropriate and current airworthiness certificate ...

(b) No person may operate a civil aircraft unless the airworthiness certificate

Required by paragraph (a) of this section 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.

The sUAS fully loaded weighs no more than 55 lbs and is operated without an

onboard pilot. Therefore there is no ability or place to carry certification and

registration documents or to display them on the sUAS.

An equivalent level of SAFETY will be achieved by keeping these documents at the

ground flight control point where the pilot flying the sUAS will have immediate

access to them, to the extent they are applicable to the sUAS. The FAA has issued

numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 9816A

and 10700. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 10

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

Inspections

These regulations require that an aircraft operator or owner "Shall have that 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 . ," and others shall inspect or

maintain the aircraft in compliance with Part 43. Given these sections and Part 43

apply only to aircraft with an airworthiness certificate these sections will not apply

to Dunn Aerial Photography Maintenance will be accomplished by the operator pursuant to the

flight manual and operating handbook. An equivalent level of SAFETY will be

achieved because these small sUAS' are very limited in size and will carry a small

payload and operate only in restricted areas for limited periods. If mechanical

issues arise the sUAS can land immediately and will be in operation no higher than

400 feet AGL. The operator will insure that the sUAS is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance

performed, (Ref: A&P Certificate Number 3729542). Moreover, the operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of SAFETY.

*********

Pursuant to 14 C.F.R. Part 11, [rule making] the following summary is provided for

publication in the Federal Register, should it be determined that publication is

needed:

Dunn Aerial Photography seeks an exemption from the following rules: 14 C.F.R. 21, subpart H;

[airworthiness certificates] 14 C.F.R. 45.23 (b); 14 C.F.R. 61.113 (a) & (b); 91.7 (a);

91.9 (b)(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405

(a)(1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small

unmanned vehicle (55 lbs or less) in construction, inspection and events.

Approval of exemptions allowing commercial operations of sUAS in the

construction, surveying, special event or inspection industry enhances SAFETY

while reducing risk. Manned aircraft monitoring and surveying creates a greater

risk because the craft are much larger, have combustible fuel and carry an onboard

pilot. In contrast, a sUAS will carry no passengers, crew or combustible fuel and;

therefore, will not expose them to the risks associated with manned aircraft flights. 

U.S. Department of Transportation

Docket Operations

West Bldg Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590
Page 11

The operation of small sUAS, weighting less than 55 lbs, conducted in the strict

conditions outlined above, will provide an equivalent level of SAFETY supporting

the grant of the exemptions requested herein, including exempting Wright Bros.

from the requirements of Part 21 and allowing commercial operations. These

lightweight aircraft operate at slow speeds, close to the ground and in a sterile

environment and as a result, are far safer than conventional operations conducted

with helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property

owner's prior consent and knowledge. Images taken will be of individuals who have

also consented to being filmed or otherwise have agreed to be in the area where

aerial photography will take place. Satisfaction of the criteria provided in Section

333 of the Reform Act of 2012-size, weight, speed, operating capabilities, proximity

to airports and populated areas and operation within visual line of sight and

national security ---provide more than adequate justification for the grant of the

requested exemptions allowing commercial operation of Wright Bros. sUAS' in

special event, construction and inspection industry pursuant to the sUAS Manual.

Specific Examples of Potential sUAS use by:

Dunn Aerial Photography [Unmanned Aerial Videography} is currently in the process of building

a custom commercial airframe using OPEN source electronics including Alt Hold and

GPS functions to deploy if/when permission is granted. Construction of a similar yet

more advanced model to be introduced at a later date. Use of this tool would allow

Dunn Aerial Photography to:

• Inspect existing inaccessible or difficult to access structures such as wind

turbine towers, sides of bridges, industrial rooftops, and smoke stacks. This

would save time and money and public inconveniences by negating the need

to mobilize large lift equipment or close roads during bridge or public

building inspections.

• Enhanced public awareness. Dunn Aerial Photography use of aerial videography and still

photography for special events and the real estate market will enable the

client and those in attendance to better understand the proper and safe use

of the sUAS venue as proposed by the FAA.

Sincerely: Michael C. Dunn 

Dunn Aerial Photography

UAS CERTIFICATE NUMBER: FA3RCY9KCL