UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: ERIC L. CLARK FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUI RMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE BLADE CHROMA, DJI PHANTOM 3 PROFESSIONAL, DJI INSPIRE 1 PRO, YUNCEE Q500 PRO

- UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

-95) Submitted on December 16 , 2015

Eric L. Clark 1707 N. Madison St. Rome, NY 13440
315

- 240

- 3222
E clark699@gmail.comTABLE OF CONTENTS Page

GLOSSARY OF ABBREVIATIONS 3
SUMMARY 4
INTRODUCTION AND INTERESTS OF PETITIONER 4
BACKGROUND 5
BASIS FOR PETITION 5
NAME AND ADDRESS OF PETITI ONER 7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ERIC L. CLARK SEEKS EXEMPTION 8
THE EXTENT OF RELIEF ERIC L. CLARK SEEKS AND THE REASON ERIC L. CLARK SEEKS THE RELIEF 11
THE REASONS WHY GRANTING ERIC L. CLARK’S REQUEST WOULD BE IN THE PUBLIC INTEREST 1 2(D)
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY 1 4(E)
CONCLUSION 25**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Po sitioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
SO Safety Observer
SOP Standard Operating P rocedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing**SUMMARY**

Eric L. Clark seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Eric L. Clark to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for film sets, real estate photography, special events to include but not limited to w eddings, private or public parties, sporting events, corporate, commercial and private marketing, cinematography, building/structural inspections, insurance claims, natural disaster and catastrophe assessment, search & rescue, site surveys, aerial mapping, geological surveying, environmental studies, crop observation & monitoring, wildlife and landscape photography/videography, over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER :**  My name is Eric L. Clark

. I am a dis abled American Veteran who has been a hobbyist RC operator for several years. I was formally an Air Traffic Controller in the United States Air Force and I have a detailed understanding of the Federal Aviation Regulations (FAR) and the National Airspace System (NAS). I am a college graduate from Hahnemann University school of medicine with experience in Urgent Care and Occupational health. My hobbies include RC aircraft, photography / videography and my objective is to use my skills and experience in a c ommercial setting for conducting aerial video and photography for film sets, real estate photography, special events to include but not limited to weddings, private or public parties, sporting events, corporate, commercial and private marketing, cinematography, building/structural inspections, insurance claims, natural disaster and catastrophe assessment, search & rescue, site surveys, aerial mapping, geological surveying, environmental studies, crop observation & monitoring, wildlife and landscape photogra phy/videography, Increase public knowledge of UAS and promote safe UAS operation.**BACKGROUND**

Unmanned Aircraft Systems: Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yunee c Q500 Typhoon 4K Eric L. Clark seeks an exemption to o perate all the above named UAS quadcopter systems (Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yun c ee Q500 Typhoon 4K ) for compensation or hire within the NAS. The above named UAS are vertical takeoff and landing (VTOL) Unmanned Aircraft ( UA)

. **Blade Chroma**

– Is a Vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilizes the Yuneec ST10+ Ground Control System (GCS) with incorporated 5.5” touch screen display. Blade Chroma weight is 2.87 lbs (45.9 oz) and has a maximum air spe ed of 34.7 knots with approximate flight time of 30min (average of 21 minutes) using 11.1V 3s 6300mAh Li

- Po battery. Motor type is 4 × 780Kv Brushless Outrunner. Rotor Type is Quadcopter with a wingspan of 15.7”. Prop Diameter is 10.0” and Height is 9.5 0”. Length is 12.8” and w idth is 12.8” Blade Chroma is equipped with Satellite Navigation System (GPS, GLONASS) **DJI Phantom 3 Professional**

– Is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilize a Ground Control Station (GCS) utili zing electronic tablet or smart phone systems. DJI Phantom 3 professional weight is 2.8 lbs (44.8 oz) and has a maximum airspeed of 31.28 knots with an approximate flight time of 23 minutes using a 3s 4480mAh Li

- Po battery. Rotor Type is Quadcopter with a wingspan of 23.2” . Prop diameter is 9.0”. UAS Diagonal size (including Propellers) is 23.23” DJI Phantom 3 Professional is equipped with Satellite Navigation System (GPS, GLONASS) **DJI Inspire 1 Pro**

- Is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilize a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. DJI Inspire 1 weight is DJI 7 .5 lbs (120 oz) with battery and camera and has a maximum airspeed of 42.58 knots with an approximate flight time of 18 minutes using a 6s 4500mAh Li

- Po battery

. Rotor Type is Quadcopter with a wingspan of 22.0”

. UAS overall dimensions are 17.24” x 17.76” x 11.85” DJI Inspire 1 is equipped with Satellite Navigation System (GPS, GLONASS)
**Yunee c**  **Q500 Typhoon 4K** 

- Is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilizes the Yuneec ST10+ Ground Control System (GCS) with incorporated 5.5” touch screen display. Yuncee Q500 Typhoon weight is 2.4 lbs (38.4 oz) and has a maximum air speed of 15.64 knots with an approximate flight time of 25 minutes using a 11.1V 3s 5400mAh Li

- Po battery . Rotor Type is Quadcopter with a wingspan of 22.2”. Prop Diameter is 13” and the height is 8.30”. Length is 9.54” and width is 16.54” Yuncee Q500 Typhoon 4k is equipp ed with Satellite Navigation System (GPS, GLONASS) The above 4 UAS are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The UAs named above will be operated by Eric L. Clark, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.**BASIS FOR PETITION**

Petitioner, Eric L. Clark, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Eric L. Clark operation of Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Eric L. Clark requests relief from Sections 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Eric L. Clark submits that the requested relief is proper since an equivalent level of safety will be ensured. Eric L. Clark will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Mon thly Maintenance Log, and Instruction Manual). Furthermore, Eric L. Clark will document and maintain all maintenance records for the above mentioned UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Eric L. Clark to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting mi nimum flight

- hour and currency requirements, that the PIC is able to safely operate the Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UASs in a manner consistent with this exemption, including evasive and emergency ma neuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Eric L. Clark seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Eric L. Clark submits that he will ensure that the Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Ty phoon 4K UAS are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruction Manual s ), and that the aircraft are in a condition for safe fligh t. Eric L. Clark also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UAS will not have a typical barometric altimeter o nboard. However, altitude information of the above mentioned UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the fli ght path. This latitude information, combined with Eric L. Clarks operation of the above mentioned UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Eric L. Clark seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Eric L. Clark submits that safety will not beaffected by operation of the above mentioned UAS during daylight hours in visual meteorological

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 m inutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 minutes. In accordance with 14 C.F.R. § 11.81, Eric L. Clark provides the following information in support of its petition for exemption:

**Name And Address Of The Petitioner**

Eric L. Clark 1707 N. Madison St. Rome, NY 13440
315

- 240

- 3222 Eclark699@gmail.com**B. The Specific Sections Of 14 C.F.R. From Which Eric L. Clark Seeks Exemption.**

**1. Eric L. Clark Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pi lot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; no r may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that bus iness or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

**2. Eric L. Clark Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition

**3. Eric L. Clark Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The c urrent reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. Eric L. Clark Seeks Exemption From The Requirements Of Se ction 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following:(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind

and forecast weather conditi ons) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**5. Eric L. Clark Seeks Exemption From The Requirement Of Section 91.405(a).** Section 91.405, entitle d Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.]

**6. Eric L. Clark Seeks Exemption From The Requirements Of Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebui lding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

**7. Eric L. Clark Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragr aph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authoriz ed by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. Eric L. Clark Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, 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

-

hour, 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 si gnature, 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 inspectio n 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. (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 pa ragraph (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 ai rcraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.**C. The Extent Of Relief Eric L. Clark Seeks And The Reason Eric L. Clark Seeks The Relief.** 

**1. Extent Of Relief Eric L. Clark Seeks And The Reason Eric L. Clark Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilo t privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an ai rcraft 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. As set forth more fully below, Eric L. Clark submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the above mentioned UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Eric L. Clark su bmits that all flights of the Above mentioned UAS conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Eric L. Clarks business; and (2) will not carry passengers or property for compensation or hire. **2. Extent Of Relief Eric L. Clark Seeks And The Reason Eric L. Clark Seeks Relief From Section**  **91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Eric L. Clark to determine that the above mentioned UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruction Manual s ). Eric L. Clark seeks the requested relief because the above mentioned UAS doe s not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Eric L. Clark will ensure that the above mentioned UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruction Manual s ) prior to every flight. **3. Extent Of Relief Eric L. Clark Seeks And The Reason Eric L. Clark Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the above mentioned UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Eric L. Clark seeks the requested relief because the above mentioned UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

to the extent necessary to comply with the applicable condition s and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the above mentioned UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground leve l pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief Eric L. Clark**  **Seeks And The Reason Eric L. Clark**  **Seeks Relief From Section 91.1**  **51(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the above mentioned battery powered UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 minutes. Eric L. Clark seeks the requested relief because without an exemptio n from Section 91.151(b), the flight time duration of the above mentioned UAS will severely constrain the practicality of any aerial video or still photo flight operations that Eric L. Clark proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the above mentioned UAS operating documents, and Eric L. Clarks proposed operating limitations, ensure that Eric L. Clark will safely operate the above mentioned battery powered UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 minut es. **5. Extent Of Relief Eric L. Clark**  **Seeks And The Reason Eric L. Clark**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y apply to aircraft with an airworthiness certificate, Eric L. Clark requests relief from these Sections because the above mentioned UAS do not require airworthiness certificates. As set forth more fully below, the above mentioned UAS meet the conditions o f FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Eric L. Clark will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescrib ed in the UAS operating documents (i.e., Monthly Maintenance Log, and Instruction Manuals). Furthermore, Eric L. Clark will document and maintain all maintenance records for the above mentioned UAS. **D. The Reasons Why Granting Eric L. Clark’s r** **equest Woul d Be In The Public Interest; That Is, How It**  **Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest by allowing Eric L. Clark to safely, efficiently, and economically perform aerial video and photography for film sets, real estate photography, special events to include but not limited to weddings, private or public parties, sporting events, corporate, commercial and private marketing, cinematography, building/structural inspections, insurance claims, natural disaster and catastrophe assessment, search & rescue, site surveys, aerial mapping, geological surveying, environmental studies, crop observation & monitoring, wildlife and landscape photography/videography, over certain areas of the United States.Ad ditionally, use of the above mentioned UAS will decrease congestion of the NAS, reduce

pollution, and provide significant benefits to the economy. Notably, the benefits of Eric L. Clark’s proposed operation of the above mentioned UAS will be realized witho ut implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The above mentioned UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the above mentioned UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well a s increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The above mentione d UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The Above Mentioned**  **UAS.** Conducting aerial acquisitions with the above mentioned UAS, instead of manned aircraft, will greatly benefit the pu blic by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the above mentioned UAS produce no air pollution, and is the m ost viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The above mentioned UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the above mentioned UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the l ack of flight crew members located onboard the aircraft, the above mentioned UAS ( with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The Above Mentioned**  **UAS Will Benefit The Economy.**  In addition to being safe and efficient, the above mentioned UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the above mentioned UAS will allow United States based businesses, like Eric L. Clark, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation f uels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the above mentioned battery powered UAS is one such technology that not only allows companies greater operational flexibility compa red to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned a ircraft.By operating the above mentioned UAS, companies such as Eric L. Clark remain competitive and

profitable, and therefore, provide gre ater job stability to employees and contractors, which will ultimately contribute to growth of the US economy. I mproved financial performance of U.S. companies through commercial use of the above mentioned UAS, provides a stable workforce that improves lo cal, state, and federal tax revenues and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Eric L. Clark proposed operation of the above mentioned UAS will not implicate any privacy issues. Specifically, the above mentioned UAS will be operated only in compliance with operating documents ( Maintenance log and I nstruction Manual s ) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirement of 14 C.F.R

. § 91.119 **E. The Reasons Why Gra nting The Exemption Would Not Adversely Affect Safety, Or How The**  **Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Eric L. Clark**  **Seeks Exemption. 1. Reasons Why The**  **Above Mentioned UAs Meet The Conditions**  **of the FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Eric L. Clark’s operation of the above mentioned UAS me et the conditions of FMRA Section 333, and will not require airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than

180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types o

f unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Eric L. Clark submits that the above mentioned UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the above mentioned UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**A. The Specifications Of The above mentioned UAS Demonstrate Its Safe Characteristics.** The above mentioned UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. **(i). Technical Specifications Of The Above Mentioned UAS Are As Follows:**  **Blade Chroma**

– Is a Verti cal takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilizes the Yuneec ST10+ Ground Control System (GCS) with incorporated 5.5” touch screen display. Blade Chroma weight is 2.87 lbs (45.9 oz) and has a maximum air speed of 34.7 knots with approxim ate flight time of 30min (average of 21 minutes) using 11.1V 3s 6300mAh Li

- Po battery. Motor type is 4 × 780Kv Brushless Outrunner. Rotor Type is Quadcopter with a wingspan of 15.7”. Prop Diameter is 10.0” and Height is 9.50”. Length is 12.8” and w idth is 12.8” Blade Chroma is equipped with Satellite Navigation System (GPS, GLONASS) **DJI Phantom 3 Professional**

– Is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilize a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. DJI Phantom 3 professional weight is 2.8 lbs (44.8 oz) and has a maximum airspeed of 31.28 knots with an approximate flight time of 23 minutes using a 3s 4480mAh Li

- Po battery. Rotor Type is Quadcopter with a wingspan of 23.2”. Prop dia meter is 9.0”. UAS Diagonal size (including Propellers) is 23.23” DJI Phantom 3 Professional is equipped with Satellite Navigation System (GPS, GLONASS) **DJI Inspire 1 Pro**

- Is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) that utilize a G round Control Station (GCS) utilizing electronic tablet or smart phone systems. DJI Inspire 1 weight is DJI 7.5 lbs (120 oz) with battery and camera and has a maximum airspeed of 42.58 knots with an approximate flight time of 18 minutes using a 6s 4500mAh Li

- Po battery . Rotor Type is Quadcopter with a wingspan of 22.0”. UAS overall dimensions are 17.24” x 17.76” x 11.85” DJI Inspire 1 is equipped with Satellite Navigation System (GPS, GLONASS)
**Yunee c**  **Q500 Typhoon 4K** 

- Is a vertical takeoff and landin g (VTOL) Unmanned Aircraft (UA) that utilizes the Yuneec ST10+ Ground Control System (GCS) with incorporated 5.5” touch screen display. Yuncee Q500 Typhoon weight is 2.4 lbs (38.4 oz) and has a maximum air speed of 15.64 knots with an approximate flight ti me of 25 minutes using a 11.1V 3s 5400mAh Li

- Po battery. Rotor Type is Quadcopter with a wingspan of 22.2”. Prop Diameter is 13” and the height is 8.30”. Length is 9.54” and width is 16.54” Yuncee Q500 Typhoon 4k is equipped with Satellite Navigation System (GPS, GLONASS)The above 4 UAS are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. **(ii). The Above Mentioned UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operationa**  **l Area.** The above mentioned UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the above mentioned UASs will be provided as attachments to this docket. **(iii). The Above**  **Mentioned UAS** **s Are Designed For Automatic Return To Home Point Or Hover In**  **The Event Of Loss Of The Control Link Or Navigation.** When the Control Link is lost, the above mentioned UASs will remain stationary, in flight, for 3 seconds or more. If they do not reacquire control link data from the GCS, the UASs will assume that the Control Link is lost and the UAS s will return to the home position (i.e., failsafe mode) via GPS and will descend to the takeoff position and shutdown. A complete description of failsafe features in the operators’ manual will be provided as an attachment to this docket. **(iv). The Above Mentioned UASs GCS And Its Operation.** A complete description of the operation and specifications of the above mentioned UASs GCS and flight co ntrol software is provided as an attachment to this docket. **b. Flight Operations Of The Above Mentioned**  **UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command.** 

Eric L. Clark will only utilize certificated pilots who possess a current and v alid airman medical certificate to act as a pilot in command (PIC) of the above mentioned UAS s
. **c. Flights Of The Above Mentioned**  **UAS Will Be Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, Eric L. Clark proposes to comm ercially operate the above mentioned UAS for the special purpose of conducting aerial video and photography for film sets, real estate photography, special events to include but not limited to weddings, private or public parties, sporting events, corporate , commercial and private marketing, cinematography, building/structural inspections, insurance claims, natural disaster and catastrophe assessment, search & rescue, site surveys, aerial mapping, geological surveying, environmental studies, crop observation & monitoring, wildlife and landscape photography/videography, over certain areas of the United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K and Unmanned Aircraft Systems. Proposed operations of any other a i rcraft will require a new petition or a petition to amend this grant.2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 2 0 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes re ported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as th e PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or h er designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis u pon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

-80) may be contacted if questions arise regarding updates or revisions to the operating documents.
10 . Prior to each flight the PIC must inspect the UAS to ensure that 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 mainten ance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must fol low the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating d ocuments. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returnin g the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structu res. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipan ts in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- pu blished 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 mad e available to the Administrator upon request.21. The UA 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. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land t he UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the op erator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in acco rdance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or stru ctures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating p ersons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has gran ted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not pre sent an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or au thorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to t he FAA's 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. **2. Reasons Why An Exemption From The Requirements Of S ection 61.113(a) And (b) Would Not**  **Adversely Affect Safety.** Eric L. Clark submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the above mentioned UAS unless t hat PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the above mentioned UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropri ate distances from people, vessels, vehicles and structures. Considering Eric L. Clark’s proposed area of operations, and the operating limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of comme rcial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the above mentioned UASs, Eric L. Clark submits that the additional manned airmanship experience of a commercially certificated pilot would not correl ate to the airmanship skills necessary for Eric L. Clark’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Eric L. Clark will not allow any PIC to operate the the above mentioned UAS unless that PIC h as demonstrated, by meeting minimum flight

- hour requirements or the above mentioned UAS training and currency requirements, that the PIC is able to safely operate the above mentioned UAS in a manner consistent with this exemption, including evasive and eme rgency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilo t (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption).In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding

90 da ys (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Eric L. Clark’s proposed operations . The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations 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), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot wi th a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification , the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, pro ficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distan ces in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. According, Eric L. Clark will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and cu rrency requirements, that the PIC is able to safely operate the above mentioned UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
**3 . Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Eric L. Clark will ensure that the ab ove mentioned UAS are in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).**4. Reasons Why A n Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect** 

**Safety.** The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the above mentioned UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Eric L. Clark’s operation of the above mentioned UAS wi thin visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation po int is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of

(1) The technical specifications of the above mentioned UAS; (2) The limitations on the proposed flight operations; and (3) The location of the proposed fligh t operations. Accordingly, Eric L. Clark will ensure that it will safely operate the above mentioned battery powered UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of in tended landing and, assuming normal cruising speed, to fly after that for at least 3 minutes. Here, as in Exemption No. 11109, the technical specifications of the above mentioned UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the above mentioned UAS provide audible and visual warnings to the PIC at the GCS when the UAS experience s low battery voltage, the first warning occurring at approximately 25% remaining battery power, and again at approximately 10% remaining battery power thus providing the PIC with both visual and audible failsafe alerts. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the mi nimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Ex emption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).**6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.4 07(a)(1),** 

**91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.** In seeking this exemption, Eric L. Clark submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Eric L. Clark will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and pra ctices prescribed in the operating documents (i.e., the Monthly Maintenance Log, and Instruction Manuals). Furthermore, Eric L. Clark will document and maintain all maintenance records for the above mentioned UAS. Since the above mentioned UAS will be ins pected as prescribed by the operating documents, Eric L. Clark will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safety because Eric L. Clark will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the above mentioned UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Sig nificantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the U AS are considered. In consideration of Eric L. Clark’s proposed operating limitations, the operating documents, and the technical aspects of the above mentioned UAS, Eric L. Clark submits that safety will not be adversely affected by granting exemption fro m 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11 063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization a nd Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Eric L. Clark requests that the FAA prescribe special conditions for the intended operation of the above mentioned UAS, which contain such safety standards that the Administrat or finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such specia l conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a U AS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be est ablished for the safe operation of the UAS in the NAS.Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the above mentioned UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do n ot contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the p roduct. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established i n the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Eric L. Clark’s intended operation of the above mentioned UASs, which contain such safety standa rds that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Eric**  **L. Clark Seeks Exemption:**  Eric L. Clark seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Eric L. Clark**  **Seeks:** This exemption will permit Eric L. Clark to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **Any Additional Information, Views, Or Arguments Available To Support Eric L. Clark’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Eric L. Clark request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 1 1, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS t o operate without airworthiness certification.As discussed in detail above, Eric L. Clark will operate the above mentioned UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national secur ity.

CONCLUSION As set forth herein, Eric L. Clark seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the Blade Chroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator w ill be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Eric L. Clark to safely, efficiently, and economically operate the Blade Chroma, DJI Phantom 3 Profes sional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UASs commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Eric L. Clark respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Eric L. Clark to operate the Blade C hroma, DJI Phantom 3 Professional, DJI Inspire 1 Pro, Yuneec Q500 Typhoon 4K UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: December 16th , 2015

Respectfully Submitted

Eric L . Clark 1707 N. Madison St. Rome NY, 13440
315

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- 3222 Email: eclark699@gmail.com