# EXEMPTION REQUEST

Section 333 ofthe FAA Reform Act.

MARCH 2, 2015 STEPHEN VAN VICKLE 104South Foxhall Lane, Weyers Cave, Va

. 24486March 14, 2015 U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe FAA Reform Act. Dear Siror Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act), I, Stephen EVan Vickie (the applicant), planned operator ofSmall unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and sutvey for various industries hereby applies foran exemption from Federal Aviation Regulations (FARs) to allow commercial operation oftheir sUAS, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333. Contactinformation Stephen E. Van Vickie 104 South Foxhall Lane Weyers Cave, Virginia 24486 Phone: (540) 209-0700 Fax: (540) 437-3517 Email: Stephen@VanVickle.com The specificsection orsections of

### 14CFRfrom which I seekandexemption: Exemption Request Pursuant to Section 333 ofthe FMRA and Part 11 ofthe Federal Aviation Regulations, Seeking Exemption from: 14 CFR Part 21 Subpart H 14CFR § 45.23{b) 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 14 CFR 91.405 14 CFR 91.407(a)(1) 14CFR 91.409(a)(1) and (2) 14 CFR 91.417(a) and (b) Theextentofreliefand the reason I seekthe relief: I, Stephen EVan Vickie, a commercial pilot, submit this application in accordance with the Reform Act, 112 P

.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent me, Stephen EVan Vickie, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the StephenEVanVIckie- Section 333 Exemption Petition Page 1 of7public's interestto do so. My, Stephen EVan Vickie's, sUAS 1 meets the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration of my sUAS isexpressly contemplated by the Reform Act. I would like to operate my sUAS priorto the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial video and photography. The Reform Act guides the Secretary in determining the types ofsUAS that may operate safely in our national airspace system

. Considerations include: The weight, size, speed and overall capabilities ofthe sUAS's; whetherthe sUAS will be operated near airports or heavily populated areas; and, Whether the sUAS will be operated by line ofsight. 112 P.L. 95 

### § 333 (a)

. Each ofthese items reflect in favor ofan exemption for me, Stephen EVan Vickie. My sUAS utilizes four (4) counter-rotating propellers for balance, control and stability. My sUAS is equipped with GPS and auto return safety technology. Weighing less than six (6) pounds {far belowthe maximum 55 pound limit); including payload. 

### I, Stephen EVan Vickie, considers safety as foremost with each flight. Built in safety systems include aGPS mode that allows my sUAS to hover in place when radio controls are released. When pilot communication is lost sUAS is designed slowly descend to point oftakeoff

. I do not operate my sUAS near Hospitals nor Police heliports, and do notoperate nearareas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather

. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately tothe nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal operations, and are flown only within my line ofsight and my visual observer (VO), as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between five (5) to fifteen (15) minutes, with an altitude generally under two hundred fifty (250) feet. 

### I, Stephen EVan Vickie, utilize a fresh fully charged batterywith each flight as asafety precaution; full flight time limitfor each battery Is (25) minutes as tested. I do not operate my sUAS at or below manufacture recommend minimum charge levels for operation2; preferring to remain well within asafe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss ofcontrol or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level ofoperation. I do not believe in taking risk that may cause a crash thatcould create hazard tothe public, property, or other manned aircraft. I have logged1 numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics ofthis specific sUAS's performance under differenttemperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake ofsafety. 

### I, Stephen EVan Vickie's, am extremely cautious when operating ofmy sUAS will not "create a hazard to users ofthe national airspace system or the public." 112 P.L. 95 § 333 (b)

. Given the small size and weight ofmy sUAS's itfalls well within Congress'scontemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUAS's into the national airspace system. Stephen EVan Vickie's sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

1 APPENDIX A- Phantom 2 Vision+ 2 APPENDIX A- Phantom 2 Vision+ Smart Flight BatteryGuidelines 3 APPENDIX B - Forms- Pilot Master log Stephen EVan Vickie
- Section333 Exemption Petition Pase 2of7Howthe requestwould benefitthe publicasa whole: Aerial videography for geographical awareness has been around for a long time through manned fixed wing aircraft and helicopters. Forsmall budget companies the expense ofsuch aerial videography is cost prohibitive. Only large companies can afford to absorb such expense. Depriving lower budget business from avaluable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash thatthis area has experienced in the past with military aircraft and medical helicoptercrashes. Each resulting In loss oflife. Each with combustible fuel that exploded and burned on impact. My, Stephen EVan Vickie's, sUAS pose no such threat since size and lack ofcombustible fuel alleviates any potential threat to the public. Congress has already proclaimed that itis in the public's interest to integrate commercially flown sUAS's into the national airspace system, hence the passing ofthe Reform Act. Granting my, Stephen EVan Vickie, exemption request furthers the public interestthrough academic/visual awareness ofthe geographical benefits. My sUAS is battery powered and creates no emissions thatcan harm the environment. The consequence ofmy sUAS crashing is far less than afull size helicopteror fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public

. The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated sUAS

. Permitting me, Stephen EVan Vickie, to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact forthe companies looking to relocate or build as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both ofwhich serve as a stimulus to the community. Reasons whytheexemption would notadversely affectsafety, or howtheexemption would providea level ofsafetyatleastequaltotheexisting rule: My, Stephen EVan Vickie's, exemption will notadversely affect safety. Quite the contrary, for the reasons stated permitting me, Stephen EVan Vickie, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation ofnew and novel, as ofyet undiscovered safety protocols development in cooperation with the FAA. Inaddition I, Stephen EVan Vickie, submit the following representations ofenhancements to current aerial videography and photography:
• My sUAS weighs 5.7 pounds including payload. • My sUAS will not exceed 33

.40 MPH (42

.6 Knots)

. • My sUAS will only be operated by a person that is ata minimum a licensed private pilot, with at least a third class medical. • I only operate my sUAS well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of2012

. • My sUAS will only operate for 5 -15 minutes perflight. • My sUAS meets or exceeds all FCC

**requirements.**

**"~** • I land my UAS priorto manufacturer recommended minimum level ofbattery power. • I pilot my UAS through remote control only by line ofsight ofthe PIC and the visual observer.

4 APPENDIX- Forms · FCCVerifications Stephen EVanVIckie- Section 333 Exemption Petition

**P~ge3or7**• My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost. • I actively analyze flight data and other sources ofinformation to constantly update and enhance safety protocols. • I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights and actively populated areas. • I conduct pre-flight inspections5 and protocol6
, during which safety carries primary importance. 

### • I always obtains all necessary permissions priorto operation7• My, Stephen EVan Vickie's, safety protocols provide a level ofsafety equal to or exceeding existing rules. Itis importantto note that absent the integration ofcommercial UAS into our national airspace system, helicopters are the primary means ofaerial video and photography for community awareness and real estate. While the safety record ofsuch helicopters is remarkably astounding, there has been a local incident involving loss oflife; it is far safer to operate a battery powered sUAS.

• First, the potential loss oflife is diminished because UAS's carry no people on board and I only operates my UAS in specific areas away from mass populations. • Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. • Third, the small size and extreme maneuverability ofmy UAS allow me to remotely pilot away from and avoid hazards quickly and safely. • Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need notbe so close to the objects they are focused on through the technology and use ofpost editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarization/competency and will continue to operate atand above current safety levels

. A summarythat can be published in the Federal Register
14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a){1). The size, weight and enclosed operational area ofmy, Stephen EVan Vickie's, sUAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA Is authorized to exempt aircraft: from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

### (f)) and Section 333 of the Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto

5APPENDIX FORMS

- Preflight Checklist 6APPENDIX FORMS- FlightSafety 7 Appendix Forms
- Flight Notification Stephen EVanVickie- Section 333 Exemption Petition Page 4 of7 

# ..areas such as airports and dense populations. My, Stephen EVan Vickie's, current and projected UAS's meet or exceed each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is Inapplicable. 14 C.F.R. 

### § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots orpassengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a safety/flight manual delineating areas ofwhere safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. 

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

.R. § 91.203 (a) and (b) provides for the carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafety will be achieved by maintaining any such required certifications and registrations by me, Stephen EVan Vickie. 14 C.F

.R

. 

### § 45.23: Marking ofthe Aircraft. Applicable Codes ofFederal Regulation require aircraft to be marked according to certain specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is impossible to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F

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

### § 91.119 prescribes safe altitudes for the operation ofcivil aircraft. Itallows helicopters to be operated at lower altitudes in certain conditions. My sUAS will neveroperate at an altitude greaterthan the standard of400 AGL. I, Stephen EVan Vickie, will however operate my sUAS in safe areas away from public and traffic, providing a level ofsafety at least equivalent toor below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level ofsafety will be achieved. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required bythe operator's COA

.The letter ofagreement with the airport management must be made available to the Administrator upon request. The FAA Stephen EVan Vitlde- S ect

ion 333Exemption P etition Pa&e5 ol7has previously issued exemptions to this regulation in Exemptions No. 11067, 11158, 11161, 11166, 11167, 11170, 11172.
14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

. . ." These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, applyto my, Stephen EVan Vickie's, UAS. However, as asafety precaution I inspect my UAS before and after each flight. Log any discrepancies and repairs in the maintenance log8•

A SummaryThe FAA May Publish in the Federal Register: 14 C.F.R. 21 and 14 C.F.R

. 91: Airworthiness Certificates, Manuals and The Like

. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Stephen EVan Vickie's, sUAS meets an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. 

### § 44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permit the FAA to exempt sUAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable. 14C.F.R. § 91.9 (b) (2) requires an aircraft flight manual In the aircraft. As there are no pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual. The FAA has previously issued exemptions tothis regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved. Any additional Information, views orargumentavailableto support your request. Currently, area awareness and aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Stephen EVan Vickie's, request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established

8 APPENDIX- Forms
- Maintenance Log Stephen EVan VIckie
- Section333 Exemption Petition PaRe6of7airfields

. I, Stephen EVan Vickie, have been informally analyzing flight information and will compile safety protocols and the implementation ofaflight operations manual for usage that exceeds currently accepted means and methods for safe flight. Formal collection ofinformation shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of2012

.There are no personnel on board my, Stephen E Van Vickie's, sUAS and therefore the likelihood ofdeath or serious bodily injury is significantly diminished

. My, Stephen EVan Vickie's, operation ofmy sUAS, weighing less than 20 pounds and travelling at lower speeds within limited areas will provide an equivalent level ofsafety as that achieved under current FARs. Accordingly I, Stephen EVan Vickie, respectfully request thatthe FAA grant my exemption request and am willing tocooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large

. I am not asking for exemption from 14 CFR 61.113(a) and (b) as I have a commercial licenses (certificate# 2029682) with over 40 years of experience and 17,000+ logged hours. I do not wish to exercise the privileges ofmy exemption outside the U.S. Respectfully submitted,



# ~f~t-/~ Stephen EVan Vickie 104 South Foxhall Lane Weyers Cave, Virginia 24486 Phone: (540) 209-0700 Fax: (540) 437-3517 Email: Stephen@VanVickle.com

Stephen EVan Vickie-Section 333 Exemption Petition Pase 7of7