Andrew Duncan

514 Crestwood Drive

Clinton, TN 37716

865‐680‐3544

andrew.duncan0130@gmail.com

25 February 2016

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request for Andrew Duncan Pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012

(the Reform Act) and 14 C.F.R. Part 11, Mr. Andrew Duncan hereby applies for an exemption from the

listed Federal Aviation Regulations (FARs) to allow commercial operation of small Unmanned Aircraft

Systems (sUAS) to conduct aerial video, photography, data collection, inspection, training, research

and development. All operations are conducted within the conditions outlined in this exemption

request or as established by the FAA. Mr. Duncan respectfully submits that this Petition for

Exemption qualifies for approval.

Petitioner Background and Description of Proposed Operations

Mr. Duncan has been involved in the aviation industry for more than 16 years. He currently holds a

private pilot certificate and both undergraduate and graduate degrees in aviation operations. He

intends to perform the following commercial activities:

­ Aerial Photography (Real Estate, Construction, etc.)

­ Aerial Videography (Commercial Marketing, Events, Video Production, etc.)

­ Aerial Data Collection (multispectral imaging, etc.)

­ Aerial Inspection (engineered structures, water towers, turbines, electrical infrastructure, etc.)

­ Search & Rescue Operations

­ Disaster Response

­ sUAS Training

­ sUAS Research & Development (materials, propulsion, navigation, vehicle and payload

systems research in cooperation with public/private partnerships)
Contact Information

Name: Mr. Andrew M. Duncan

Phone: 865‐680‐3544

Address: 514 Crestwood Drive

Clinton, TN 37716

E‐mail: andrew.duncan0130@gmail.com

Vehicle Description

Due to the type of research and development activities that are proposed, the operation of multiple

custom‐built vehicles dedicated to special operational roles is necessary. These roles include

industrial and natural disaster response, environmental sensing, precision navigation, and commercial

payload deliveries. Vehicles would include both fixed‐wing and rotorcraft designs. All vehicles would

be controlled by commercially available flight controllers, including but not limited to PixHawk, DJI

Naza, and APM. All flight controllers will have Return‐To‐Land failsafe capabilities as required by

current FAA regulations Custom‐built components would be limited to airframes, sensors, imagers,

and payload systems. All vehicles would weigh less than 55lbs, inclusive of payload. All vehicles

would be registered per regulations and operated within the operational limitations listed in the

attached operations manual.

Vehicle Operations

The primary intent of this exemption is to allow for the operation of research and development

vehicles in coordination with public/private partnerships. The nature of these operations presents

additional hazards beyond those of normal commercial sUAS operations. Considering this, the

following operational requirements will apply to operations under this exemption:

­ Vehicles are limited to a maximum of 55 pounds, including payload.

­ All flights will be conducted within Visual Line of Sight (LOS) of the operator.

­ All flights will be operated by an FAA certified pilot who will maintain LOS.

­ All flights will also include a Visual Observer who will maintain LOS and advise the operator of

vehicle systems and flight conditions.

­ For flights in support of research and development activities, the researcher, designer or

builder of the custom built component or payload will consult with the Pilot in Command to

provide advice on any hazards present with that component or payload prior to operation.

­ All flights will occur within Visual Meteorological Conditions (VMC) under Visual Flight Rules

(VFR), Special Visual Flight Rules (SVFR) operations are not permitted.

­ No operations are permitted within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an

ARP, the center of the airport symbol as denoted on the current FAA‐published aeronautical

chart, unless a letter of agreement with that airport’s management is obtained or otherwise
permitted by a COA issued to the exemption holder. The letter of agreement with the airport

management will made available to the Administrator or law enforcement upon request.

­ All flights will be operated at or below 400’ above ground level (AGL).

­ The operator will immediately and safely abort the flight should any emergencies occur.

­ A thorough pre‐flight inspection of the vehicle is required before each flight in order to

determine the aircraft is safe for operation.

­ Any PIC operating under this exemption must hold either an airline transport, commercial,

private, recreational, or sport pilot certificate.

­ The PIC operating under this exemption must hold a current FAA airman medical certificate or

a valid U.S. driver’s license and a minimum recreational pilot certificate.

­ Flights are limited to private property with owner approval or public property with permission

from the appropriate officials.

­ Flight operations will not occur within 500 feet of any person in the designated area that are

not part of the specific operation.

­ The Pilot in Command will conduct a pre‐flight briefing for all personnel on flight operations

and applicable safety procedures prior to flight operations.

­ All flights will be conducted in accordance with the Certificate of Authorization (COA).

­ In case of “loss of communication/link” or “loss of GPS”, the proposed UAS will have the

ability to return to a pre‐determined point within the prescribed area of operations and land.

­ Vehicles operated in accordance with this exemption must be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification markings in accordance

with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

Exemptions Requested

14 CFR 91.7(a) ‐ Civil Aircraft Airworthiness

91.7(a) ​states: No person may operate a civil aircraft unless it is in an airworthy condition.

Since there will be no airworthiness certificate issued for the UAS, Petitioner seeks an exemption from

14 CFR § 91.7(a). The FAA has previously determined that for the purposes of this exemption, the

pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents

contain procedures which direct the PIC to determine whether the aircraft is in a condition safe for

flight, and an exemption from § 91.7(a) is therefore warranted.

14 CFR 91.9(c), 45.23(b) and 45.27(a) ‐ Aircraft Marking and Identification Requirements

91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.‐registered civil aircraft unless that aircraft is identified in accordance

with Part 45 of this chapter.

45.23(b), Markings of the Aircraft, states:
When marks include only the 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 less than 2 inches nor more than 6 inches high, the words "limited," "restricted,"

"light‐sport, "experimental," or "provisional," as applicable.

45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin,

fuselage, boom, or tail the marks required by § 45.23.

In a prior grant of exemption under Section 333 of the Reform Act, the FAA determined that

exemption from these requirements was warranted provided that the aircraft have identification

markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable. All

Air Vehicles flown by Petitioner will bear registration markings that are as large as practicable in

accordance with 14 C.F.R. Part 45, Subpart C.

14 CFR § 61.101 (e) and 61.113 ‐ Recreational and Private Pilot Privileges and Limitations

Sections 61.101 (e) and 61.113 limit Recreational and Private pilots to non‐commercial operations.

The FAA recently determined that holders of recreational and sport pilot certificates would have

adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be

subject to security screening by the Department of Homeland Security (DHS), the FAA determined

that holders of recreational, sport and private pilot certificates would be qualified to serve as the PIC

for UAS operations (see Exemption 11213, Docket No. FAA‐2014‐0642).

In addition to holding the certificates included above, the Petitioner will require all PICs to be

thoroughly trained in the unique aspects of UAS flight. Pilots will have experience not only in UAS

operations generally but have logged flight time in the specific make and model used for the

operations before they are permitted to participate in commercial flights on behalf of the Petitioner.

The Petitioner's training and qualification requirements are consistent with those contained in prior

FAA issued grants of exemption, and will provide a high level of competency and proficiency for its

pilots and will ensure at least an equivalent level of safety.

14 C.F.R. § 91.9 (b) (2) ‐ Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides that no person may operate a U.S.‐registered civil aircraft for which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 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.

Given the size of the proposed UAS Air Vehicles and the general nature of UAS operations, it is

impracticable to carry these manuals within the aircraft. The Operations and Maintenance Manuals
for flights conducted under this exemption will be located in proximity and be readily accessible to the

PIC and Visual Observer.

14 C.F.R. § 91.103 ‐ Preflight action

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

safety of flight. Petitioner requests an exemption from 14 C.F.R. § 91.103 since an FAA approved

flight manual will not be provided for the aircraft. The preflight procedures documented in

Attachment A will ensure that the sUAS is in an airworthy condition prior to flight and thereby provide

an equivalent level of safety. The PIC will take all actions prior to initiating flight including reviewing

weather, flight battery requirements, landing and takeoff distances, and aircraft performance data.

The PIC will complete a series of checklists designed to identify any defects or inoperable

components, which cover pre‐flight, take‐off, landing and post‐flight procedures. Petitioner's

Operating Manual will be kept at the ground control station and will be accessible to the PIC and

Visual Observer at all times.

14 C.F.R. §91.109 (a) ‐ Flight instruction

Section 91.109 (a) provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls.

Inherent to sUAS control design, the proposed UAS do not have fully functional dual controls. As

such, The Petitioner requests an exemption from this rule. Flight control is accomplished through the

use of a remote controller that communicates with the aircraft via radio communications. The FAA

has approved exemptions for flight training without fully functional dual controls and for flight

instruction in experimental aircraft. An equivalent level of safety will be provided since neither a pilot

nor passengers will be carried in the aircraft and by the limited aircraft size, speed, and operational

area.

14 C.F.R. §91.119 ‐ Minimum safe altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of § 91.119, which

state: Except when necessary for takeoff or landing, no person may operate an aircraft below the

following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over

open water or sparsely populated areas. In those cases, the aircraft may not be operated

closer than 500 feet to any person, vessel, vehicle, or structure.

As this exemption is for a sUAS and seeks authority to operate at altitudes up to 400 AGL, the

Petitioner requests an exemption to allow such operations. As set forth herein, the proposed UAS will

not operate above 400 AGL. An equivalent level of safety will be achieved given the size, weight, and
speed of the UAS as well as the location where operations occur. No flight will be taken without the

permission of the property owner or appropriate official. Because of the advance notice to the

property owner and participants, all affected individuals will be aware of the planned flight operations

as set forth in the Petitioner’s Operating Documents.

The proposed UAS Vehicles weigh less than 55 pounds each fully loaded and carry no pilot or

passengers, explosive material or flammable liquid fuels. Compared to flight operations with manned

aircraft or rotorcraft weighing far more, the risk associated with the proposed operations is far less

than those presented by conventional aircraft operating at or below 500 AGL performing similar

operations. Additionally, the proposed low‐altitude operations of the small UAS will ensure separation

from manned aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 ‐ Altimeter Settings

This regulation requires that each person operating an aircraft shall maintain the cruising altitude by

reference to an altimeter that is set when operating below 18,000 MSL to the elevation of the

departure airport or an appropriate altimeter setting available before departure (for the case of an

aircraft not equipped with a radio).

The FAA has stated previously that an equivalent level of safety to the requirements of 14 C.F.R. §

91.121 can be achieved in circumstances where: (1) the UAS will be operated below 400 feet AGL or

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

operator at a ground‐based on‐screen display and, (4) where prior to each flight, a zero altitude

initiation point is established for the PIC to confirm accuracy of the onboard GPS (Exemption No.

11062 , Docket No. FAA‐2014‐0352).

The UAS that Petitioner intends to use for the proposed operations meet all these operational

characteristics. Additionally, the operating documents require the PIC to calibrate the aircraft's GPS

prior to each flight. As the FAA has determined in circumstances similar to this Petition, Petitioner's

UAS and the safety mitigation procedures contained in the operating documents ensure that an

equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121

is therefore appropriate.

14 C.F.R. § 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 landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery of the proposed UAS currently provide less than 30 minutes of flight time. To meet the 30

minute reserve requirement of 91.151 would prevent flight operations, therefore an exemption from

this rule is required. Due to the proposed altitude limitations and the area of operations, a longer time

for flight in daylight VFR operations is reasonable. The FAA has approved similar exemptions from the

fuel requirements of § 91.151(a) for flight in day VMC conditions. The FAA determined that a

requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast

weather conditions) there was enough available power for UAS to operate for the intended
operational time and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel

requirements of § 91.151(a) (see Exemption No. 11213). Petitioner's operating documents impose this

same requirement and an exemption from §91.151(a) for flight in VMC conditions is therefore

appropriate.

14 C.F.R. §91.203 (a) and (b) ‐ Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has an

appropriate and current airworthiness certificate and an effective registration certificate.

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

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew.

The proposed UAS Air Vehicles weigh less than 25 pounds each fully loaded and carry no passengers,

explosive material, or flammable liquid fuels therefore no display of airworthiness or onboard

documents is required. An equivalent level of safety will be achieved by keeping these documents at

the ground control station where the pilot flying the UAS will have access to them to the extent they

are applicable. The FAA has issued numerous exemptions to this regulation (see Exemptions 9565,

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700).

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,”

and others shall inspect or maintain the aircraft in compliance with Part 43.

Petitioner is requesting an exemption to the Maintenance Inspection requirements contained in 14

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations apply only

to aircraft with an airworthiness which the UAS in this petition will not have. Maintenance and

inspections will be accomplished by the operator pursuant to the Operating Documents. An

equivalent level of safety is provided because the UAS are limited in size, weight, payload capacity,

and will be flown in limited areas for short periods of time. If mechanical issues arise, the proposed

UAS Air Vehicles can be landed immediately and will be operating from no higher than 400 feet AGL.

The PIC will ensure that the UAS is in working order prior to initiating flight, perform required

maintenance, and will keep a log of any maintenance performed. A functional test flight will be

conducted and logged following the replacement of any flight‐critical components. The maintenance

and inspection procedures required by Petitioner's Operating Documents ensure that an equivalent or

higher level of safety will be achieved.

National Security
This requested exemption does not present a national security issue. Given that the UAS are small and

lightweight, have lost‐link and contingency capabilities, operate at very low speeds, have extremely

small payload capacities and carry no flammable, explosive or otherwise dangerous materials, the

operations pose no threat to national security.

Summary For Federal Register

Pursuant to 14. C.F.R. Part 11, the following summary is provided for publication in the Federal

Register should it be determined that publication is required:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b) and (c);

91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from

the substantial hazards associated with using conventional fixed‐wing aircraft or, rotorcraft for aerial

video, photography, inspection, research and training.

Conclusion

Mr. Andrew Duncan's Petition for Exemption satisfies the criteria required in Section 333 of the

Reform Act of 2012, including weight, speed, operating capabilities, proximity to airports and

populated areas, operation within VLOS and national security. The proposed operations in this

Petition are similar to those in previously issued grants of exemptions, and will benefit the public by

improving safety and minimizing risk by reducing the public's exposure to the danger and emissions

associated with using manned aircraft to perform similar aerial data collection operations. Mr.

Duncan's UAS are battery powered and create no emissions. Additionally, in the unlikely event of an

accident with one of the UAS, there would be no fuel to ignite or explode – thereby presenting

significantly less danger to the pilot and other individuals on the ground than one involving a full size

aircraft.

In consideration of the foregoing, this Petition for Exemption provides the FAA with the necessary

justification for granting the requested exemptions to allow Andrew Duncan to use small UAS to

conduct aerial video, photography, inspection, and training. Thank you in advance for your prompt

consideration of this exemption request. Please contact the undersigned should you have any

questions, or if additional information is needed.

Thank you,

Andrew Duncan, MAS