### US DepartmentofTransportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
January 11
, 2016

James Gordon 

### In Flight Photos 25936 738th avenue Dassel, Minnesota 55325**Umgqrd.q9Q~gma11J'~(;_Qm**

U.S Department of Transportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14CFR 91.121; 14CFR 91.151 (a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1 )·and (2); 14CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuanttothe authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14CFR Part 11 of Unmanned Aircraft Systems (UAS),·James Gordon hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs 11 ) to allow commercial operation of Designated UAS, provided such·operations are conducted within and underthe conditions outlined herein or as 

### may be established 

### by the FAA 

### as required 

### by Section 333.Thankyou in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Property Evaluations I 

### Before and After pictures for·customers after landscape is installed, and or aerial view oftheir home/property 2. Public and Private Events

As describedfully below, the requested exemption would permit·the operation.of designated UAS as setforth in this document undercontrolled conditions inthe NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to 11•••• establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is



### James Gordon In Flight Photos 25936 738th avenue Dassel, Minnesota 55325**Umg_Qr!'JQ90@_gmall.c~m** 

### From which the exemption is requested: 14 CFR Part 21.subpart H 14CFR 45.23 (b) 14CFR 61.113 (a) & (b) 14CFR 91.7 (a) 14CFR 91.9 (b) (2) 14CFR 91.103 14CFR 91.109 14CFR 91.119 (c) 14CFR 91.121 14CFR 91.151 (a) 14CFR 91.203 (a) 14 CFR 91.405 (a) 14CFR 91.407 (a) 14CFR 91.409 (a) 14CFR 91.417 (a)As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythepetitionerand carrying no passengers orcrew, ratherthan a manned aircraft ofsignificantly greater proportions, carrying crew in addition toflammable fuel, gives the FAA good cause to find that the UAS operation enabled bythis exemption is in the public interest.

James Gordon Will operate one or more ofthe Following model UAS

YUNEEC Q500 4K

Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higherlevel of safety because operations will further enhance the safety ofthe persons and/orproperty using conventional aircraft. These limitations and conditionsto which the applicant agrees to adhere towhen conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1 .The UAS 

### will weigh significantly less than 55Jbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.3. Flights wilt be operated within line of sightofthe Pilot 

### in Command (PIC) and/or Visual Observer (VO).



### 4. Maximum flighttime for each operational flight will be depending on the UAS model in operation, but

### will not exceed 

### 30 minutes. Flights will be terminated at 

### 25o/o battery power reserve or

### 30 minutes offfight time whichever occurs first.



### 5. Flights will be operated atan altitude of no morethan 

### 400feet Above Ground Level (AGL) and not more than 

### 200feet above an elevated platform from which filming is planned.



### 6. Minimum crew for each operation wilt consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, butseparate, Camera Operator (CO).



### 7. The UAS pilot will be a designated Pilotin Command (PIC)

. The PIC will have logged a minimum of

### 20 hours on the designated UAS.



### 8. A safety briefing 

### will be performed priorto each day's flights consisting ofall the days' Production activities.



### 9. All flight activities will be logged

..

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G**~irspace** no closerthan a mile radius ofthe geographic center/Airport Reference Point (AAP) ofa tower controlled or uncontrolled airport.



### 12. Flights 

### will not be closerthan 

### a 

### 5 mile radius·ofthe geographiccenter/Airport.



### 13. Theoperatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensurethatonly consenting persons will be allowed within 

### 100 feet oftheflight operation, andthe radius may be reduced to 30feet based upon an equivalent level ofsafetydetermination, as U.S. Department ofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations atcloser range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UASto beoperated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC

### will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS

### will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capabilityto abort a flight in case of emergencies with
an automated "Return Home and Landu function.

20. The UASwill havethe capabilityto abort a flight in case of unpredicted obstades, weather, oremergencies such as lowbattery.

21. Any incident, accident, or flight operation that transgresses the lateral.or vertical boundaries of the operational area as defined bythe applicable COA must be reported to the 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.

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level ofsafety under Part 1·1 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas of the particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate in the restricted environmentand underthe conditions proposed 

### will be at least as safe,orsafer, than a conventional aircraft (fixedwing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 tbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetytothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 2I, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed bythe UAS, due to its size, speed of operation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N"·and·the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/'

..restricted/' "light sport/'

..experimental/' or "provisional/' as applicable.

14C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" andthe registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each entrance to the cabin, cockpit, orpilot station, in letters not lessthan 

### 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/litexperimental/' or "provisionalfl as applicable. Even though the UASwill have no airworthiness certificate, an exemption maybe needed as the UAS witt have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimentat•• will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February 

### 20, 2015 The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS 

### will see the identification ofthe UAS as "Experimental." 14 C.F.R. 

### § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level ofsafety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations setforth in the FOMwilt equate tothe safe operation ofthe UAS.14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless itis in airworthy condition. As there will be no airworthiness certificate issuedforthe aircraft, should this exemption be granted, no'FAA regulatory standard wilt exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use of safety checklists priorto each flight, an equivalent level ofsafety will be provided. 14C.F.R. 

### § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. regi$tered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by§21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacitytocarrysuch an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilotflying the UAS will have immediate access to 

### it.**~**
14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fullyfunctioning dual controls. UASand remotely piloted aircraft, 

### by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training withoutfully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishessafe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UASthatis a helicopter and the exemption requests authorityto operate ataltitudes up to400 AGL, or not morethan 200above an elevated platform from which filming is planned, an exemption·may be needed to allow such operations. As setforth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. 

### Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed ofthe UAS aswell asthe location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating ator below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119.

14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "..•to the elevation ofthe departure airport or an appropriate altimeter setting available beforedeparture." As the UAS may not have a barometric altimeter, but instead a GPS altituderead out, an U.S. exemption may be needed. An equivalent level·of safety will be achieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude.of the launch site shown on the GPS altitude indicator before flight.

14C.F.A.§ 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended tanding, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least30 minutes; or (2) At night, to fly after that for at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believesthat an equivalent level of safety can be achieved by limiting flights to 30minutes or25o/a of battery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.14 C.F.R. §91.203 (a) and {b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person mayoperate a civil aircraft unless 

### it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance sothat it is legibleto passengers or
crew. The UASfully loaded weighs well underthe proposed 551 b limit and is operated without an onboard pilot. As such, there is no abilityor place to carry certification and registration documents orto displaythem on the UAS. An equivalent level of safety will be achieved by keeping these documents atthe ground control point where the pilotflying the UAS will have immediate access to them, to the extentthey are applicable tothe UAS.

14 C.F.R. §91.405 (a); 407 (a) {1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart E ofthis partand shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuant tothe flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carrya small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthycondition to provide the equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's·User Manual. As provided in the FOM, and a linkon last page, the operator will ensure that the UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant

### James Gordon believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustification for the granting of commercia'l operations ofthe applicant•s 

### UAS. I also feel its in the public's intereston granting the exemption, as we can educate them atthe same.time. And all the positive sides ofthe newtechnology and the level ofsafety.

The applicant

### James Gordon requests your respective approval ofthis Section 333 exemption petition request.

Thank you for your attention in this matter. Please notify

### James Gordon ofyour actions, and orapprovals. Thank you, foryour interest in this request.

Sincerely,

# ~yJ.~ James Gordon