## T ONY 

## O. M ARTIN

1206 S. Kanawha St. Beckley, WV 25801 Phone: (304) 546-1332 Email: obrien5808@gmail.com

March 10, 2015

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

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.119 (c); 14 C FR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a) (1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b)

Dear Sir or Madam:

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 and 14 CFR Part 11, I, Tony O. Martin (“Petitioner”) hereby ap plies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial u se of Small Unmanned Aircraft Systems (“SUAS”), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as requi red by Section 333.

An exemption is being requested because (1) existin g regulations will burden the Petitioner, (2) Petitioner can provide a level of safety that is eq ual (or greater than in many cases) to those provided by existing rules and (3) the request is i n the public interest. The FAA’s authority to issue exemptions from operating rules, and the Secr etary’s authority granted by Section of P.L.112-95, Special Rules for Certain Unmanned Airc raft Systems provide an opportunity to authorize certain SUAS operations in the National A irspace System (“NAS”) prior to implementation of the SUAS rule. This incremental step will allow the Petitioner’s SUASs to safely and legally enter into the NAS.

As described in detail below, the requested exempti on would permit the Petitioner to operate SUASs under controlled conditions in airspace that is (1) limited, (2) predetermined, (3) controlled as to access, and (4) would provide safe ty enhancements to the already safe operations of those aircraft of similar size, weight, speed, a nd operating capability that have been granted entry into the NAS via the rules in the Academy of Model Aeronautics (AMA) National Aircraft Safety Code 1 . Approval of this exemption would thereby greatly enhance safety and fulfill the Secretary of Transportation’s (the Secretary respon sibilities to “...establish requirements for the safe operation of such aircraft systems in the nati onal airspace system”) per Section 333 (c) of

1 See the attached “AMASafteyCode.pdf” document.Tony O. Martin Section 333 Exemption Petition 2

the Reform Act.

Petitioner is requesting exemption from the followi ng regulations:

14 CFR Part 21, Subpart H

14 CFR 61.23 (a)

14 CFR 61.113(a) and (b)

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 91.407(a) (1)

14 CFR 91.409(a) (2)

14 CFR 91.417(a) and (b)

This exemption application is expressly submitted t o fulfill Congress’ goal in passing Section 333 (a) through (C) of the Reform Act. This law di rects the Secretary to consider whether certain unmanned aircraft systems may operate safel y in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of U ASs do not create a hazard to users of the NAS, to the public, or pose a threat to national se curity.

Section 333 of the reform Act grants the Secretary authority to determine (1) if an unmanned aircraft system, as result of its size weight, spee d, operational capability, proximity to airports and populated areas, and operation within visual li ne of sight (VLOS) does not create a hazard to users of the NAS or the public or pose a threat to national security, and (2) whether a certificate of waiver, certificate of authorization, or airwort hiness certification under 49 USC 44704 is required for the operation of civil (non-government al) UASs. Therefore, if the Secretary determines that such vehicles “may operate safely i n the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace
system. 2

2 The Petitioner interprets this provision to place t he duty on the Secretary to not only process applic ations for exemptions under section 333 of the Reform Act, but for the Secretary to craft conditions for safeTony O. Martin Section 333 Exemption Petition 3

Operational Overview

Currently, unmonitored amateur hobbyists with no sa fety plan or controls in place to prevent catastrophe legally operate similar lightweight, re mote controlled SUASs. The Petitioner has personally instilled safety protocols and controls to further avoid and prevent public hazard, as well as manned aircraft hazards and catastrophe.

The Petitioner’s current and anticipated SUASs are quad copters, weighing 5 or fewer pounds (including payload). The SUASs have the capability to hover and move in the vertical and horizontal planes simultaneously. They will operat e only in visual line of sight (VLOS) and will operate only in tightly controlled and limited airs pace. They are capable of operating at speeds of up to 30 knots, but will be routinely operated a t much lower speeds. They will be operated below 400 feet above ground level (AGL), and never above 400 feet AGL.

The Petitioner’s exemption request would permit com mercial operation of the Petitioner’s SUAS for commercial aerial photography and videography i n tightly controlled and limited airspace. Aerial photography and videography services will be offered to individuals, business owners, homeowners, realtors, home builders, contractors an d/or home inspectors for use in, promotional aerial photography and videography, real estate mar keting and safer inspections of home exteriors. All operations will be conducted on pri vate and/or controlled access property and with the written and/or oral permission of the property owner(s)/operator(s). Operation will always be conducted in areas that are clear of all people, ex cept the pilot in command (PIC), the PIC’s helper(s) and individuals that are directly involve d in the photography/videography production. Such operation will ensure that the SUAS will “not create a hazard to users of the national airspace system or the public”. 3

Granting the Petitioner’s request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate SUAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [SUAS's] in the national airspace system” under Sec tion 333(c) of the Reform Act specific to the use of SUAS's for Cinematography/Photo purposes. Fu rther, the Petitioner will conduct operations in compliance with the protocols describ ed herein or as otherwise established by the

FAA.

For the reasons stated below the Petitioner respect fully request the grant of an exemption allowing the Petitioner to operate ultra lightweigh t, remote controlled SUAS’s for community
awareness to benefit/stimulate attraction to the We st Virginia area and to enhance real estate listing videos for homeowners who cannot afford exp ensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential pu blic hazard.

operations of SUAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.

3 Reform Act Section 333 (b)Tony O. Martin Section 333 Exemption Petition 4

Aircraft

The Petitioner operates the Blade 350 QX2 4 (“350QX”) SUAS manufactured by Horizon Hobby, one of the most popular wholesale RC distributors i n North America. The 350QX’s main rotor diameter is 22.8 in, it has a gross flying weight o f 24 oz., and is18.3 in long 5 . What makes the 350QX such a great camera platform is it’s advanced SAFE TM (Sensor Assisted Flight Envelope) technology. This provides for incredible ease of u se and stability. Pilots can control the 350QX’s movements in many directions – including pi tch (forward and backward), roll (left and right), elevator (up and down), and yaw (turn left or right). The built-in GPS system aids in stabilizing the aircraft and will automatically ret urn it back to its home position if communication between the remote control and quad c opter are lost.

The 350QX is controlled with the included DX4 full- range transmitter that utilizes the same Spektrum 2.4GHz technology preferred by RC experts the world over. This advanced signal processing technology provides superb range and int erference protection, especially in ‘noisy’ environments where a lot of 2.4GHz systems are in u se at the same time.

The 350QX has two flight modes that have been speci ally programmed for capturing aerial video and images. Both feature self-leveling and use GPS and altitude sensors to precisely hold position in a hover.

The Return Home function will automatically land at the home position. This feature can be activated at any time with the flip of a switch. W hen activated, the 350QX will automatically fly itself back to the place its motors were first star ted and land without any help from the pilot.

As an added safety feature, the 350QX operates with in geo-referenced flight boundaries. Out of the box, its boundaries are set at 100 meters from and 50 meters above the point where the motors were started. An intuitive PC programming i nterface makes monitoring systems, adjusting settings and calibrating sensors as easy as point and click.

The Inertial Measurement Unit (“IMU”) has a built-i n inertial sensor and a barometric altimeter
that measures both attitude and altitude. The iner tial measurement tells the 350QX how it’s tilted, and the gyros tell it if it’s rotating in a ny particular direction.

The 350QX’s compass reads geomagnetic information a nd assists the GPS to accurately calculate the position and height of the aircraft.

The 350QX has LED flight indicators beneath each of its four rotor arms and in the rear. The LEDs illuminate to indicate the status of the fligh t control system and alert the PIC of any possible issues.

Such highly advanced capabilities will ensure that the SUASs can be safely operated and “not

4 See attached BLH7900_Manual_EN.pdf

5 http://www.bladehelis.com/350qx/Tony O. Martin Section 333 Exemption Petition 5

create a hazard to users of the national airspace s ystem or the public.” 6

Equivalent Level of Safety

In an effort to join the FAA in its mission to prov ide the safest, most efficient aerospace system
in the world and to minimize the risk to the NAS or to persons and property on the ground, the Petitioner agrees to be bound by the following limi tations and conditions when conducting commercial operations under an FAA issued exemption :

1. For the purposes of ensuring SUASs will be operated within the standards that the FAA
has allowed in the AMA National Model Aircraft Safe ty Code:

a. SUASs will not be flown:

• In a careless or reckless manner.

• At a location where SUAS activities are prohibited.

2. SUAS pilots will:

a. Yield the right of way to all human-carrying aircra ft.

b. See and avoid all aircraft and a spotter must be us ed when appropriate. 7

c. Not fly higher than 400 feet above ground level or within three (3) miles of an airport without notifying the airport operator.

d. Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed-use agr eement.

e. Not exceed a takeoff weight of 55 pounds (including payload).

f. Ensure the aircraft is identifiable by affixing the owner’s contact information
to the outside of the SUAS.

g. Not operate SUASs while under the influence of alco hol or while using any drug that could adversely affect the PIC’s ability to safely control the model.

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any obje ct that creates a hazard to
persons or property.

3. SUASs will not be flown unless:

6 Reform Act Section 333(b)

7 AMA Document #540-DTony O. Martin Section 333 Exemption Petition 6

a. The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the spec ific event.

b. An inexperienced pilot is assisted by an experience d pilot.

4. All pilots shall avoid flying directly over unprote cted people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.

5. A successful radio equipment ground-range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired model
aircraft.

6. SUASs must use the radio-control frequencies curren tly allowed by the Federal Communications Commission (FCC).

7. SUASs will not knowingly operate within three (3) m iles of any pre-existing flying site without a frequency-management agreement. 8

8. Excluding takeoff and landing, no SUASs may be flow n outdoors closer than 25 feet to any individual, except for the PIC and the PIC's he lper(s) located at the takeoff site.

9. Under no circumstances may a pilot or other person touch a SUAS in flight while it is still under power, except to divert it from strikin g an individual.

10. The PIC of the SUAS shall:

a. Maintain control during the entire flight, maintain ing visual contact without enhancement other than by corrective lenses prescri bed for the pilot.

b. Fly using the assistance of a camera or First-Perso n View (FPV) only in accordance with the procedures outlined in AMA Docu ment #550.

c. Fly using the assistance of autopilot or stabilizat ion system only in accordance with the procedures outlined in AMA Document #560.

11. The flying area must be clear of all utility wires or poles and an SUAV will not be flown closer than 50 feet to any above-ground electric ut ility lines.

12. The flying area must be clear before the engine is started, except for PIC and the PIC's helper(s).

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety Code and in an effort to enhance the safety offered by the a lready safe operations mentioned above, the Petitioner also agrees to be bound by the following limitations and conditions:

8 AMA Documents #922 and #923Tony O. Martin Section 333 Exemption Petition 7

1. Flights will be operated within VLOS of the PIC.

2. Maximum total flight time for each operational flig ht will be 25 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

3. The SUAS will only operate in tightly controlled an d limited airspace.

4. A briefing will be conducted in regard to the plann ed SUAS operations prior to each flight. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for t his briefing.

5. The PIC and the PIC’s helper(s) will have been trai ned in operation of SUAS and received up-to-date information on the particular S UAS to be operated.

6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice.

7. If the SUAS loses communications or loses its GPS s ignal, the SUAS will have capability to return to a pre-determined location within the s ecurity perimeter and safely land.

8. The SUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

9. All flights will be conducted on private property a nd with the written and/or oral permission of the property owner(s).

10. Flights will always be conducted in areas that are clear of all people, except for the PIC and the PIC's helper(s).

11. All flights will be conducted outdoors in visual me teorological conditions (VMC) and never during severe weather conditions.

12. Flights will not occur in weather conditions that p revent the PIC from operating within visual line-of-sight (VLOS) at all times or in weat her conditions that dramatically affect the SUAS’s flight (e.g. high winds).

13. If an operation occurs in an area where people coul d inadvertently enter the area, an operational border will be established with traffic cones. If it’s not feasible to use traffic cones due to interference with the photography/vide ography, the PIC's helper(s) will be responsible for keeping a safe perimeter around the operation. The operation will cease immediately and be rescheduled if it’s impossible t o establish a safe perimeter around the operation.

14. The PIC will be responsible for logging all flights to ensure the comprehensive preventative maintenance plan can be followed, as d escribed in the “Preventative
Maintenance” section below.Tony O. Martin Section 333 Exemption Petition 8

15. The SUAS will not be routinely operated in the prox imity of any airports. In any cases where the SUAS must be operated within three (3) mi les of an airport, the airport operator will be notified before the operation comm ences.

The operation of SUASs, weighing less than 3 lbs., conducted in the strict conditions as outlined above, will provide an equivalent level of safety s upporting the grant of exemptions requested herein, including exempting the Petitioner from the requirements of Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly controlled environment. As a result, they offer a much safer w ay to capture aerial photography and videography. Furthermore, the proposed operations r epresent a safety enhancement to the already safe operations that have been granted by t he FAA for the establishment of the AMA National Model Aircraft Safety Code.

Preflight Plan

The PIC will follow a comprehensive pre-flight chec klist to ensure that the SUAS is in a condition for safe flight. This plan will be impro ved as needed in order to ensure all known safety precautions and/or safety precautions sugges ted by the manufacturer are being accounted
for.

A. Pre-flight Inspection

1. Check that the transmitter, UAS and camera batterie s are all fully charged.

2. Verify that the UAS battery is not swollen or damag ed in any way.

3. Turn the motor shafts with your fingers and verify that are smooth without excessive play or binding.

4. Verify that the propellers are mounted correctly an d free from signs of damage.

5. Run finger along the edge of blade to check for any rough edges.

6. Flex both sides of the propellers’ blades to check for hairline cracks where the blades connect in the center of the propeller.

7. Verify that the landing gear is secure and free fro m damage, broken or loose.

8. Verify that the camera is secure and clean. Inspec t the camera connections and gimbal for tears and/or signs of wear.

9. Verify that the damping absorbers are not broken an d/or worn.

10. Verify that the Micro-SD card has been inserted and formatted.Tony O. Martin Section 333 Exemption Petition 9

11. Verify that the smartphone’s Wi-Fi is enabled.

12. Set the smartphone to do-not-disturb mode to preven t distractions while flying.

13. Set the smartphone to forget any Wi-Fi networks in range in order to prevent the Wi-Fi connection from changing mid-flight.

B. Power Up

1. Power on the transmitter with the flight mode set t o the appropriate setting,
the throttle stick down and the throttle trim at ne utral.

2. Install a charged battery in the UAS, plug it in an d close the hatch.

3. Wait for the GPS signal to be acquired, which is in dicated by a solid LED. It may take from 30-90 seconds to acquire a GPS signal

.

4. Move the aircraft to the desired home location and orient the aircraft pointed away from the pilot.

5. Step back approximately 15 feet (5 meters) from the home location.

C. Ready to Fly

1. Power on camera and acquire Wi-Fi signal on smartph one.

2. Once smartphone has acquired Wi-Fi signal start cam era app.

3. Verify that the aircraft still has GPS lock.

4. Start the motors.

5. Verify that the motors are functioning normally, ar e not making any unusual noises, and are all spinning the same speed.

6. Verify that the area is still clear of obstructions , people, power lines, etc.

7. Take off and hover about 6-8 feet above the takeoff point to verify that the aircraft still has a solid GPS lock. If any abnorm alities are noticed (drifting, flying in circles, etc.), land immediately and repe at the “Pre-flight Inspection” and Power Up” sequences.

8. Verify that the aircraft holds a steady position wh ile yawing 360 degrees.

9. Verify that the aircraft responds appropriately to all controls – yaw, pitch, roll
and throttle.

D. After FlightTony O. Martin Section 333 Exemption Petition 10

1. Turn off the power switch on the aircraft.

2. Turn off the power to your transmitter.

3. Unplug and remove the battery from the aircraft.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in accordance with the manufacturer’s specifications to ensure the SUAS’s software is up-to-date, the batteries are in good health, and the aircraft itself is always read y for safe flight 9

.

Pilot in Command (PIC) Qualifications

The PIC does not currently hold an airman certifica te or medical certification. Since the SUAS is similar in size, weight, speed, and operating ca pability as those currently allowed to be flown for hobby/recreation, holding the PIC to those same set of standards will allow for an equivalent level of safety.

It cannot be assumed that a commercial pilot, appro ved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operat e an unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre-approv ed airspace. Since there are no standards for either private or commercial SUAS pilot certificate s, knowledge of airspace regulations and dexterity in the control and operation of the SUAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety.

The PIC would be required to successfully complete an FAA approved ground training course and be required to do the following prior to the fi rst commercial flight:

A. Perform 50 flights or log 20 hours of flight time ( the greater of the two) with the SUAS that will be piloted.

B. Successfully learn and demonstrate all flight maneu vers in the “DJI Phantom Pilot Training Guide” 10

C. Study and be familiar with all sections of the User ’s Manual of the SUAS that will be piloted. 11

With that in mind, the Petitioner proposes that its PIC be entitled to apply for, and receive a temporary license certificate, renewable until the FAA creates an “unmanned aircraft certificate with SUAS rating”.

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong equivalent

9 See “Airframe Maintenance” on page 14 of the of th e attached “BLH7900_Manual_EN.pdf”

10 See the attached “Phantom TrainingGuide.pdf”

11 See the attached “BLH7900_Manual_EN.pdfTony O. Martin Section 333 Exemption Petition 11

level of safety, a reduction in environmental impac ts, and are free from the harmful emission
associated with the manned aircraft that are curren tly used for aerial photography and videography. Due to the size of the SUAS and the t ightly controlled and limited airspace in which the SUAS will operate, approval of this appli cation presents no risk to the public. Furthermore, the public will be able to legally acq uire aerial photography and videography to help in, but not limited to, advertising homes for sale, advertising uninhabited homes, lots, use of photos and video as an aid when researching homes f or sale on the market, or safely accessing high and/or awkward areas of home exterior to asses s damage that needs to be repaired.

Privacy

Since the areas being photographed or filmed will b e on private property, accessed only after given written and/or oral consent by the property o wner(s), and clear of all people, except for the PIC and the PIC’s helper(s), approval of this appli cation presents no risk to the public privacy.

National Security

Due to the size of the SUAS and the tightly control led and limited airspace in which the SUAS will operate, approval of this application presents no risk to national security.

Requested Exemptions

Petitioner requests exemption from the following re gulations since it’s not possible to fully comply with them, and since attempting to follow th em for the purposes of operating a SUAS
would be a burden:

Airworthiness Certificates - 14 CFR Part 21, Subpar t H

Subpart H establishes the procedural requirements f or the issuance of airworthiness certificates as required by FAR 91.203 (a) (1). Given the size a nd limited operating area associated with the aircraft to be utilized by the Petitioner, an exemp tion from Part 21 Subpart 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 USC 44701 (f)) and Sec tion 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operation al capability, and proximity to airports and populated areas of the particular SUAS. In all case s, an analysis of these criteria demonstrates that the SUAS operated without an airworthiness cer tificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

Medical certificates - 14 CFR 61.23 (a)

This regulation requires pilots of manned aircraft to hold a medical certificate. Since risks associated with the operation of the proposed SUAS are so diminished from the level of risk associated with any manned aircraft; the SUAS is of a size, weight, speed, and operational capabilities which makes it much safer than any man ned aircraft; since operations will occur in tightly controlled and limited airspace; and consid ering that all operations will be on private/controlled access property that is clear of all people, obtaining and maintaining a medicalTony O. Martin Section 333 Exemption Petition 12

certificate would not improve the safety of the ope ration. In the very rare case of a mishap, the SUAS being flown will pose significantly less of a threat than manned helicopters and fixed wing aircraft because the SUASs are a fraction of t he size, a fraction of the weight, will be flown at a fraction of the speed, carry no flammable fuel , and carry no crew or passengers.

Private pilot privileges and limitations: Pilot in command - 14 CFR 61.113 (a) and (b)

These regulations limit private pilots to non-comme rcial operations. Because the SUAS will not carry a pilot or passengers; due to the SUAS’s size , weight, speed, and operational capabilities; and since operations will occur in tightly controll ed and limited airspace, the proposed operations can achieve the equivalent level of safety of curre nt operations that currently require a commercial pilot’s license.

The FAA has determined that the airmanship experien ce of a commercially certificated pilot would not correlate to the airmanship skills necess ary for the petitioner’s specific proposed operations of a SUAS.

Although the FAA does not possess the authority to exempt the Petitioner from the statutory requirement to hold an airman certificate, as presc ribed in 49 USC Section 44711, it does possess the authority under 14 CFSR 61.17 (a) to grant a te mporary pilot certificate or rating, and in accordance with 14 CFSR 61.13 (4) the Administrator must issue an airman certificate “... to an applicant who satisfactorily accomplishes the train ing and certification requirements for the certificate, rating, or authorization sought, is en titled to receive that airman certificate, rating, or authorization.”

With regard to the Petitioner’s PIC training progra m, the Petitioner has proposed that prior to the first commercial operation the PIC be required to p erform the grater of 50 flights or 20 hours of flight time in the 350QX, as well as successfully d emonstrate flight maneuvers specified in the Phantom Pilot Training Guide and study and be famil iar with the 350QX manuals identified in the petition.

In its proposed regulations, the FAA states that it will create a new “unmanned aircraft operator certificate with a small UAS rating.” This certific ate would be required before a person could legally operate a commercial UAS. To obtain this ne w certificate, an operator—who would need to be at least 17 years old—would have to pass an a eronautical knowledge test at an FAAapproved testing center. The applicant would also h ave to pass a security screen conducted by the Transportation Security Administration.

Given the above, the FAA must determine the appropr iate level of pilot certification for the Petitioner’s proposed operation: 1) There are curre ntly no standards for either private or commercial UAS pilot certificates, 2) the FAA has f ound that it cannot be assumed that a commercial pilot, approved to operate a manned heli copter or fixed wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicl e, operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace, 3) to re quire the Petitioner to obtain a certificate rating equal to what’s required to operate a manned aircra ft creates a burden and places undue economic hardship on the Petitioner. Therefore, th e Petitioner is hereby seeking the Secretary’s approval to apply for, and receive a temporary lice nse certificate, renewable until the FAATony O. Martin Section 333 Exemption Petition 13

creates an “unmanned aircraft certificate with SUAS rating”.

Because a temporary pilot certificate is subject to the same security screening by the Department of Homeland Security that all certified airmen unde rgo, the proposed operations can achieve the equivalent level of safety of recently approved Sec tion 333 exemptions, operations that do not significantly differ from that of the Petitioner, t hat currently require a private pilot certificate.

Flight instruction - 14 CFR 91.109

This regulation 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.

SUASs and remotely piloted aircraft, by their desig n do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has appr oved exemptions for flight training without fully functional dual controls for a number of airc raft and for flight instruction in experimental aircraft. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

Minimum Safe Altitudes – 14 CFR 31.119 (c)

This regulation prescribes safe altitudes for the o peration of civil aircraft and specifies that over sparsely populated areas the aircraft cannot be ope rated closer than 500 feet to any person, vessel, vehicle, or structure. It allows helicopte rs to be operated at lower altitudes in certain conditions. The Petitioner’s SUASs will never oper ate at an altitude greater than 400 feet AGL. Since the typical mission of the Petitioner’s SUASs would be to photograph/video structures it would be necessary to operate closer than 500 feet to the items listed. Flights will only be conducted over property where permission has been o btained and at a distance greater than 30 feet of any consenting individual, and only after c areful pre-planning has been performed. Further, the SUAS will operate at a very slow airsp eed, and a low mass, and do not need as much space to operate safely, as outlined in 91.119. Gi ven the Petitioner will only operate his UASs in safe areas away from public and traffic, thereby pr oviding a level of safety at least equivalent to those in relation to minimum safe altitudes, and du e to the size, weight, maneuverability and speed of the Petitioner’s UAS, an equivalent or hig her level of safety will be achieved.

Altimeter settings - 14 CFR 91.121

This regulation requires each person operating an a ircraft to maintain cruising altitude by
reference to an altimeter that is set “...to the el evation of the departure airport or an appropriate altimeter setting available before departure.” As t he SUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption m ay be needed. An equivalent level of safety will be achieved by the operator by confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

Fuel Requirements for Flight in VFR Conditions - 14 CFR 91.151 (a)

This regulation prohibits an individual from beginn ing “a flight in an airplane under VFRTony O. Martin Section 333 Exemption Petition 14

conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing, and, assumi ng normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) A t night, to fly after that for at least 45 minutes. ”

The battery powering the proposed SUAS provides app roximately 15 minutes of powered flight. That would make it impossible to meet the 30 minute reserve requirement. Given the limitations on the SUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is
reasonable.

An equivalent level of safety can be achieved by li miting flights to 10 minutes or 25% of battery power (whichever occurs first). This restriction wo uld be more than adequate to return the SUAS to its planned landing zone from anywhere in its li mited operating area.

Maintenance Inspections - 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b)

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain t he aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply. The operator, pursua nt to the manufacturer’s user manual and guide will accomplish maintenance. An equivalent level of safety will be achieved because these small SUASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited periods of time. If mechanical issues a rise, the SUAS can land immediately and will be operating from no higher than 400 feet AGL. As o utlined in the aforementioned Pre-flight Plan, the operator will ensure that the SUAS is in working order prior to initiating flight and perform maintenance as required. Moreover, the oper ator is the person most familiar with the
aircraft and best suited to maintain the aircraft i n an airworthy condition to provide the equivalent level of safety.

In accordance with 14 CFR Part 11, the following su mmary is provided for publication in the Federal Register:

The Petitioner seeks an exemption from the followin g rules: 14 CFR Part 21, Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 1 4 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91. 409 (a)(2); 14 CFR 91.417 (a) and (b) to commercially operate small unmanned aircraft system s (55 lbs. or less) in order to safely and legally capture aerial photography and videography for use by homeowners, realtors, home builders, home contractors, and/or home inspectors.

The operation of SUASs conducted in the strict cond itions outlined above, will provide an equivalent and/or greater level of safety supportin g the grant of the exemptions requested herein, including exempting the applicant from the requirem ents of Part 21 and allowing commercial operations. These lightweight aircraft operate at s low speeds, close to the ground, and in a sterileTony O. Martin Section 333 Exemption Petition 15

environment, and as a result, are far safer than ex isting operations conducted with helicopters operating in close proximity to the ground, people, or other buildings in the vicinity. Given the small size of the SUASs involved, the slow speed at which they must be operated in order to capture photos and videos, and the restricted envir onment within which they will operate, the Petitioner demonstrates that it can be operated wit hin an equivalent level of safety in which Congress envisioned that the FAA must, by exemption , allow commercial operations of SUASs to commence immediately. Also, due to the size of t he SUASs and the restricted areas in which the relevant SUASs will operate, approval of this a pplication presents no threat to national security.

Given the clear direction in Section 333 of the Ref orm Act, the authority contained in the Federal Aviation Act, the strong equivalent level of safety surrounding the proposed operations, the significant public benefit – including enhanced saf ety, reduction in environmental impacts, no emissions, ability to legally obtain aerial photogr aphy and videography services – the grant of the requested exemptions is in the public interest. Accordingly, the Petitioner respectfully requests that the FAA grant the requested exemption without delay.

Satisfaction of the criteria provided in Section 33 3 of the Reform Act – size, weight, speed, operating capability, proximity to airports and pop ulated areas, operation within the visual line of sight, public safety, and national security – provi de more than adequate justification to grant the Petitioner the requested exemption, allowing for co mmercial operations as described herewith.

Respectfully submitted,

Tony O. Martin,
Petitioner