1

January 10 th , 2016

1702 Holly Creek Drive
Tyler, Texas, 75703

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, and Title
14 Chapter 1 Subchapter D parts 60 through 67, specifically 61.1 to 61.429 regarding pilot certification,
please accept this letter to serve as my application for exemption from Federal Aviation Regulations
(FARs) as identified, to allow commercial opera tions of S mall U nmanned A erial S ystem (i.e., SUAS ).

Petitioner:

Stephen C. Spain, MD
1702 Holly Creek Drive
Office: (561) 561

- 8300 Mobile: (903) 245

- 0147
Tyler, TX 75703
Email: sspain@docuchart.com

In addition, I respectfully request the FAA gr ant exemptions from regulations that address general flight
rules, pilot certificate requirements, manuals, maintenance, and equipment mandates.2

I believe these requirements are unnecessary and tangential to the issue of pilot controlled drone flight.
Additionally, current FAA proposals have omitted this as a future requirement in accordance with
protocols outlined in this petition for exemption, and other requirements established by the FAA
pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation to conduct SUAS real estate related photography,
and videography, and demonstration flights. I will insure any operation granted under the exemption
will ensure an equivalent level of safety, as required b y Section 333.

Please know any photography will be at low altitude (less than 4 00 feet from the operator) in airspace
that is permitted in accordance with any exemption granted. Additionally, I will insure constant visual
contact with the drone, and o perate only within daylight hours. I believe this will insure a greater level
of safety and fulfill the FAA Administrator’s responsibilities under Section 333(c) of the Reform Act to
“establish requirements for the safe operation of such aircraft systems in the national airspace system.”

I am licensed physician , with a lifelong interest in flying and photography. In the 1980’s, I attained over 30 hours of flight instruction in a single engine Cessna 150, and soloed. However, I did not complete my
tra ining to obtain my private pilot’s license. I have extensive hobbyist experience with SUAS ’s and many hours flight experience with my current platform s , the DJI Inspire1 and DJI Inspire1 Pro

.

I have a business opportunity that will combine my aviation and photography intere sts with utilizing the
SUAS platform s , specifically the DJI Ins pire1 and DJI I n spire1 Pro, for ae rial photography and videography. I will be filming commercial and residential real estate for real estate clients. There is also the potential in this opportunity of obtaining aerial video for surveying companies, and providing an aerial photography platform for the inspection of remote industrial and agricultural locations, such as3

tail water ponds, remote grazing sites, artesian water well sites, and remote oilfield pump jack sites. It is my commitment to provide this service in a compliant and safe environment

.

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of
the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned
aircraft systems into the national ai rspace system." Pursuant to Section 333 of the Reform Act, the FAA
Administrator is to consider whether certain unmanned aircraft systems may operate safely in the
National Airspace ("NAS") before completion of the formal SUAS rulemaking, based on the fol lowing

considerations:

• The SUAS 's size, weight, speed, and operational capability;
• Operation of the SUAS in close proximity to airports and populated areas; and
• Operation of the SUAS within the visual line of sight of the operator.

If the Secretar y determines that such vehicles "may operate safely in the National Airspace System, the
Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace
System".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety
regulations and minimum standards when the Administrator decides a requested exemption is in the
public interest. A party requesting an exemption must explain t he reasons why the exemption: (1) would
benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level
of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the aut hority to issue exemptions. This statutory4

authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act,
from the requirement that all civil aircraft must have a current airworthiness certificate and those

re gulations requiring commercial pilots to operate aircraft in commercial service: The Administrator
may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of
this section or any of sections.

Qualifications for A pproval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333
of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied.

The propose d operations would permit the use of small SUAS under controlled conditions in airspace
that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level of safety
beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.

As a n aerial videographer , I will use SUAS s that are multirotor, weighing less than 25 pounds including
payload. They will operate, under normal conditions, with the capability to hover, and move in the

vertical and hor izontal plane. As noted, SUAS s will operate in line of sight, and will only operate within a

sterile area.

Given the small size of the SUAS ’s involved and the restricted sterile environment within which they will

operate , this exemption falls within the zone of safety and demonstrate an equivalent level of safety, in
which Congress desired the FAA to permit commercial SUAS operations by exemption pending
completion of formal rulemaking. Also, due to the size of the SUAS ’ s and the confined area in which the5

SUAS ’s will operate, approval of the application presents no hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal
Aviation Act, as amended, th e equivalent level of safety surrounding the proposed operations, and the
significant public benefit, the granting of the requested exemptions is also in the public interest.

It is my intent to use the SUAS in the area of real estate

- related photography including commercial and residential properties

. Using SUAS , professionals, like myself, can create promotional videos, and easily obtain photos and unique shots that normal camera aspects cannot capture. These unique ph otos/videos allow properties to stand out, providing dazzling views that are typically shown via expensive computer animation or costly helicopter rentals. The remote platform is great for planning
and zoning evaluations, and can aid in the surveying of la rge real estate tracts

. In addition, the ability to photograph from the air will allow industries to more easily access remote locations for monitoring of fixed assets (pipelines, storage facilities, etc. ) and mobile assets (cattle)

. Simple and easy

- t o
- use video and photos allow for multiple height pictures and elevation views.

Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register,
should it be determined that publication is needed:

Stephen C. Spain , aerial videographer , seeks an exemption from the following rules:
14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR §
91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) a nd (b).6

Approval of this exemption request allows Stephen C. Spain to conduct photography operations with small and lightweight unmanned aerial systems. The SUAS , weighing less than 25 pounds and powered by
batteries, eliminates virtually all of that risk gi ven the reduced mass and lack of combustible fuel carried

on board. The SUAS is transported to the designated mission area and set up there. The SUAS will carry
no passengers or crew and, therefore, will not expose them to the risks associated with manne d aircraft
flights.

The operation of this small SUAS will provide an equivalent level of safety supporting the grant of the
exemptions requested herein, including exempting the applicant from the requirements of several
regulations and allowing commercial operations. These lightweight SUAS ’s operate at slow speeds, close
to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial
survey and inspection operations conducted with fixed wing a ircraft or helicopters.

Listed below are the reasons why the exemption will not adversely affect safety and/or how the exemption would provide a level of safety at least equal to that provided by the rules from which I seek exemption.
(1) The airspace in which the SUAS will operate will be below 400 feet above ground level . Small, unmanned aerial vehicles will be used in lieu of comparatively hazardous operations now conducted with fixed wing, and rotary co nventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety.

(2) Given the size and limited operating area associated with the SUA S to be utilized, an exemption from Part 21 Sub part H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement f or an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular SUAS

.7

(3) In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA201403 52), 11109 to Clayco, Inc. (see Docket No. FAA20140507), 11112 to VDOS Global, LLC (see Docket No. FAA20140382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA20140642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) wi th the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the SUAS operation

e nabled by this exemption is in the public interest.

(4) Regarding SUAS operational training, please know I have flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the char acteristics of SUAS performance.

(5) All operations will be within the manufacturers recommended safety guidelines and fulfill the Secretary of Transportations (the FAA Administrators) responsibilities under Section 333(c) of the Reform Act to establish re quirements for the safe operation of such aircraft systems in the NAS. Manufacturers ’ manuals and guidelines for the DJI Inspire1 and DJI Inspire Pro can be provided if necessary

.

Please note, on January 6, 2015, the FAA granted an exemption to Tierra Antigua Realty of Tucson, AZ (Doc ket ID: FAA

- 2014

- 0481). Their original petition contained a Protocols and Controls, to which I will also faithfully adhere:

Protocols and Controls:

Pre

- Flight Protocol:

1. Check batteries with voltage meter to insure fully charged and ready for use.

2. Inspect batteries for damage or leakage that may affect proper operation.

3. Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or
unmanageable/uncontrolled flight.8

4. Check weather forecasts for wind advisory or other conditions that my impact flight.

5. Consult five (5) mile radius map for airport vicinity.

6. Inspect flight area for:

 vicinity of public safety helipads/heliports

 vicinity of medical helipads/heliports

 vicinity of light poles, wires, trees, birds, elevated obstructions, people

 optional point of control for best visual site of SUAS while in flight

 consider the necessity of posting warning signs regarding drone operations and post same as needed

Takeoff and landing:

 inspect area for best and safest point of takeoff and landing

Flight Protocol:

1. takeoff and land from same location
2. remain alert to birds, sound or aircraft, curious public, and approaching vehicles
3. do not allow anyone to engage in conversation or distract the remote control pilot
4. restrict flight to minimal elevation sufficient to acq uire desired results
5. remain prepared for emergency landing at all times
6. pay attention to flight time
7. if possible set a timer as a safety alert

8. land S UAS and shut down propulsion immediately following landing9

Post flight Protocol:

1. disconnect battery to prevent accidental activation of propulsion system

2. secure S UAS in a safe location

3. remove any posted warning signs from flight premises

Emergency or Suspected Hazard Protocol :

Immediate land SUAS at safest and closet ground location in the event:

 manned aircraft is heard or seen in vicinity of flight

 there is a public gathering within established safety boundary wanting to observe flight

 pilot is being distracted from focusing on flight and safety

 sudden change in weather (wind burst s)

 sudden increase in vehicular traffic in vicinity of flight

 birds enter into proximity of flight

 any sudden unsafe event that can cause collision, distraction or interruption of control

If additional information is required, or if you ha ve any questions regarding this Petition for Exemption,
please contact the undersigned at:

Stephen C. Spain, MD
1702 Holly Creek Drive
Office: (561) 561

- 8300 Mobile: ( 903 ) 245

- 0147
Tyler, TX 75703

Email: sspain@docuchart .com10

As a licensed physic ian in good standing for over 30 years with the Texas Medical Board, I understand the importance of respecting the safety and trust of the public . Furthermore, I have a good understanding of the responsibilities and duties that would be imparted by granti ng this petition. I am experienced in abiding by the rules and restrictions of a regulatory body. I believe the requested exemption can be granted to me with the knowledge I will execute any and all operations in a safe, respectful, and professional man ner.

For the foregoing reasons, it is requested that the regulatory exemptions requested herein be
respectfully granted, and the Petitioner be permitted to conduct small SUAS operations aforementioned

purposes.

Sincerely,
Stephen C. Spain , MD