Liam Donoghue

3756 Torrey Pines Way 941

-400

-1478 liamtdonoghue@hotmail.com Date: 11

-10

-15 U. S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Petition ofLiam Donoghue for Exemption Pursuant to Section 333 ofthe FAA Reform Act

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11 Liam Donoghue, operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, News gathering, Aerial Surveying, training, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation ofits sUASs, 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 333.1 As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, ifgranted, would allow Liam Donoghue to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all ofthe operational and saf ety requirements Congress has set forth in Section 333. Page 2. Liam Donoghue asks that ifany part ofthis request is deemed not in compliance, that part be removed and process the remaining ofthis request as applicable. Northern Cinematics is a media /technology company owned and run by Liam Donoghue. Mr. Donoghue has been flying drones recreationally for more than five years. He has a total flight time ofnearly 3,000 hours.

Liam Donoghue plans to exploit the capabilities ofUnmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Event Photography/Videography

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring- News Gathering

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332(b)(1) ofthis Act or the guidance required by section 334 ofthis Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval ofcommercial UAS operations. The Petitioner Requests ReliefFrom the Following: Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety.

We are petitioning for exemption to enable Liam Donoghue to operate the DJI Inspire 1, DJI S900, DJI Phantom 2, DJI Phantom 3, 3DR Solo equipped with a three

-axis camera gimbal and using a High

-Defcamera. This sUAS has the failsafe function ofthe autopilot system which means when the communication between the Main Controller and the transmitter is disconnected, the outputs ofall command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger Return to Home and will land safely.Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimbal and

Camera A Pre

-flight inspection will be performed by the PIC in accordance with the factory instruction manual. An added step will be the inspection ofthe propellers. A propeller will be replaced ifit has any nicks and cracks with a manufacturers authorized propeller. The sUAS will be maintained in accordance with the manufacturers instruction manual and only manufacturer's authorized replacement parts will be used.

**FCC Information**  This transmitters used for controlling the sUAS complies with part 15 ofthe FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. The radio transmitters used for controlling the sUAS is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitters in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitters, the PIC will maintain a separation distance ofat least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations. **Pilot in**  **Command and**  **Observer Qualifications**  **and Duties**  The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical certificate or drivers license, plus at least 1 hours flying time and 3 takeoffs and landings within the previous 90 days in the ty pe ofUAS utilized in operations. The PIC will have at least 20 hours total time and at least 10 hours flying Radio Controlled Model Aircraft ofwhich will be 5 hours flying sUAS's. Training will be conducted at a local Controlled Access flying field. Liam Donoghue has the ability to saf

ely train new sUAS Pilots. The PIC instructor will be at all times be able assume control ofthe sUAS. The PIC is responsible for the safe and efficient operation ofthe aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability The Observer must have the visual acuity to observe the sUAV and be able to communicate clearly with the PIC.The Observers duties are;

warning the PIC ofany impending obstacles in the flight path ofthe sUAS. warning the PIC ofany deviations in the planned flight path ofthe sUAS. warning the PIC should any unauthorized personnel appear in the area ofthe planned flight. The Observer will have the authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely.

**General Operating**  **Standards** Liam Donoghue will only operate its sUAS in line of sight ofa pilot and/or observer and will operate at sites that are a 'sufficient distance' from hazzard areas. Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system or the public."

• Before an operation ofa sUAV within 5NM ofan airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. Before an operation ofa sUAS within 5NM ofa non-tower controlled, airport operators will be notified and the PIC will give the right ofway to avoid flying in the proximity offull

-scale aircraft. At no time will the sUAS be operated within the final approach course and the takeoff course of any runway. The sUAS will not be operated at an altitude ofover 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

• The sUAV will be programmed so that it will be operated at an altitude ofno more than 400 feet AGL.

• Minimum crew for each operation will consist ofthe sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds ofno more than 40 knots, can hover, and can simultaneously move vertically and horizontally

.

• Given the small size ofthe sUAV and the restricted sterile environment within which they will operate, our sUAV operations adhere to the Reform Act's safety requirements.The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury

. With a small payload and maximum flight time ofonly 20 minutes, this is offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristics oflarge, complex properties with several buildings and large trees. The applicants in the past have chartered 2

-seat full

-sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benef its ofreduced cost and improved quality ofpresentation from the UA will be valuable to and benefit many buyers and sellers ofreal property as well as mitigating risk by not carrying personnel for flight operations. (a) No flight will be made with a Gross weight exceeding 55 pounds; (b) All operations must occur in FAA allowed Class ofairspace at no more than 400 ft AGL, at an airspeed ofno more than 40 knots and no further than Visual line of sight from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) All required permits will be obtained from state and local government prior to operation;

**EXEMPTION REQUESTS**  **AND EQUIVALENT**  **LEVEL OF**  **SAFETY** Liam Donoghue requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe sUAs System: **14 CFR**  **Part 21,**  **Airworthiness Certificates**  This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Inspire, DJI S900, DJI Phantom 2, DJI Phantom 3, 3DR Solo under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research**  **and development** 

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.**(b) Showing**  **compliance with**  **regulations**

. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show compliance for issuance ofty

pe and supplemental ty

pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic, we propose that the UA will be at least as safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR**  **45.23 Display**  **of marks;**  **general and**  **45.29 Size**  **of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag, sign or banner that contains the words "Unmanned Aircraft in Use" in letters 3 inches high or greater. Since the aircraft will operate within Line of Sight ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.

**14 CFR**  **61.113 Private**  **pilot privileges**  **and limitations:**  **Pilot in**  **Command and**  **61.133 Commercial**  **pilot privileges**  **and lim** **itations.** The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connection with any business or employ ment 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. Our proposed operations require that the PIC must hold at least a Sport Pilot Certificate with a Drivers License and since the aircraft cannot carry passengers or property, we feel we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. **14 CFR**  **91.7 Prohibits**  **the Op** **eration of**  **an aircraft**  **without an**  **airworthiness certificate** 

. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation isinapplicable.

**14 CFR**  **91.9 Civil**  **aircraft flight**  **manual, marking,**  **and placard**  **requirements**

. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. **14 CFR**  **91.109 Flight**  **Instruction; Simulated**  **instrument flight**  **and certain**  **fligh t**  **tests** The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conducted at a local Limited Access flying field. Liam Donoghue has the ability to provide " Safe Dual Training". The PIC instructor will be at all times be able assume control ofthe sUAV. **91.119 Minimum**  **safe altitudes** : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the ty pical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned flight path has been performed. The aircraft will be operated at a low altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

**CFR 91.121**  **Altimeter settings** 

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoffpoint is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. **14 CFR**  **91.151 Fuel**  **requirements for**  **flight in**  **VFR conditions** 

. The regulation provides that no person may begin a flight in an airplane under day

-vFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration offlight from a single battery charge is 20 minutes with a 25% reserve. Since theaircraft will never fly more than line of sight from the point ofintended landing, a full battery

charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". **14 CFR**  **91.203(a) &**  **(b) Civil**  **aircraft: Certifications**  **required**

. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.1 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **14 CFR**  **91.205(a), (b),**  **(c) Instrument**  **and Equipment**  **Requirements** This regulation provides a minimum set ofinstruments and equipment required for day and night VFR flight. Due to the small size ofthe sUAS it would be impossible to carry many ofthese instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller. 91.205(b) 1 is not applicable as the maximum available speed ofthe sUAS is less than the maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much ofthis equipment is too heavy to be carried by the sUAS. We feel that visual contact with the sUAS and indications provided via the controller that all critical information can be monitored.

**14 CFR**  **Subpart E**  **(91.401**
**- 91.41** **7)**
**- Maintenance,**  **Preventive Maintenance,**  **Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility

. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety. **Safety and**  **Benefits of**  **the UAS** Liam Donoghue will be using the UAS in a variety of applications that generally require

expensive full

-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer my riad benefits over the use offull

-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Liam Donoghue ‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Liam Donoghue is committed to promoting the UAS research efforts ofpolicymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition. **Conclusion** As pointed out in this application, all the SUAs which our company would use, under authorization by the US DOT

-FAA, are small, light

-weight devices operated within the line of sight ofthe Pilot

-in

-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius ofthis distance. All our SUAs have proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

-95, 2014, have already provided you with the assurances on the airworthiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein should be granted Liam Donoghue should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and a ppropriate by the FAA. The submission ofthis application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions. Ifany individual aspect ofthis request for exemption be unacceptable we ask that it be struck alone and the remainder ofthe exemption be allowed as requested. Signed Liam Donoghue Northern Cinematics