### us Departmentof Transportation Exemption Request Pursuant to Section 333 ofthe FAA
Reform Act and Part 11 ofthe Federal Aviation
October 9, 2015


### Robert

### Shih 53 Harrison Irvine, CA 92618 562-547-7113 Robert.shee@gmail.com 

### U.S Department of Transportation Docket Management System 1200 NewJerseyAve., SE

### Washington oc20590 -· ·-· 

### :'.**·~ {~** -_



### ...-, .·-·-**_,T.~;.:.,.~** 

### '

\. 

### .. ·'

..

. -

# ......

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 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); 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203(a) afld (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)


### The exemption is in thepublic interest. pursuantto the authority contained in 49U.S.C. 106(f),40113, and44701,

Dear Siror Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

### and 14 CFR 

### Part 11 of Unmanned Aircraft Systems (UAS}, Robert 

### Shih hereby appliesfor ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of

Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as maybe established bythe FAAas required by Section 333.
Thank you 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. Real Estate 

## 2. Search and Rescue 

## 3. Weddings 

## 4. ScenicVideo 

## 5. Commercial 

## 6. Special Events

Asdescribed fully below, the requested exemption would permitthe operation of designated uAsas setforth in this document under controlled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of uAsoperations and enhance safetyto aid in fulfilling the Secretary of Transportation's (the FAAAdministrator's) responsibilities to "

.... establish requirements for the safe operation of such aircraft systems in the national airspace system." The nameand address of

### the applicant is RobertShih 

## 53 Harrison Irvine, CA 

## 92618 562-547-7113 

### Robert.shee@gmail.com 

### Fromwhich the exemption is requested: 14

### CFR Part21 subpart H 

### 14CFR 45.23 (b) 14CFR61.113(a)& (b) 14CFR 91.7 (a) 14CFR 91.9 (b) (2) 14CFR 91.103 14CFR 91.109 14CFR 91.119 (c) 14 CFR 91.121 14CFR91.151 (a) 14CFR 91.203 (a) 14CFR 91.405 (a) 14CFR 91.407 (a) 14CFR 91.409 (a) 14CFR 91.417 (a):

As in GrantsofExemptionNos. 11062to AstraeusAerial (see DocketNo. FAA-2014-0352), 11109to Clayco, Inc. (see DocketNo. FAA-2014-0507), 11112 to VDOS Global, LLC (see DocketNo. FAA-2014-0382), 11213 to Aeryon Labs, Inc. (see DocketNo. FAA-2014-0642),and 12645 to Allied Drones (see DocketNo. FAA-2014- 0804), There is enhanced safety achievedusing an unmanned aircraft (UA) with the specificationsdescribedby thepetitionerand carryingno passengersorcrew, ratherthan amannedaircraftofsignificantly greaterproportions,carryingcrewin addition to

### flammable fuel, givesthe FAAgood causeto find thatthe UAS operation enabledby this exemption is in the public interest.



### Robert Shih Will operate one

### or more ofthe Following model UAS 

### OJI Inspire 1, OJI Phantom 3 Pro, 3DR Solo safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption. AIRCRAFT AND EQUIVALENTLEVEL OF SAFETY

The operation limitations proposed for an equivalentor higher level of safety because operations will further enhance the safetyof the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

I.The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with batteryand camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.

3. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not morethan 200 feet above an elevated platform from which filming is planned.
6. Minimum crewfor each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot will be adesignated Pilot in 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 of all the days'
Production activities.
9. All flight activities**~.Yill** 

### be logged.
10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.
11. The flights will occur in Class G airspace no closerthan a Smile radius ofthe geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.
12. Flights will not be closerthan a 5 mile radius of the geographiccenter/Airport.

13. The operatorwill do a pre check ofaircraft priorto each flight. And log each flight.
14. The operator will obtain verbal/written consent ofall persons involved with the planned operation and ensure that onlyconsenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. 

### Department ofTransportation required underthe FOM. With the advanced permission of the FSDO, 

### operations at closer 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 UAS

### to be operated.

16. The PIC 

### and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules
18. If 

### the UAS 

### loses communications with the remote controller or loses GPS 

### signal, the UAS 

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

19. The UAS

### will have the capabilityto abort aflight in case of emergencies with an automated "Return Home and Land" function. ·

20. The UAS

### will have the capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.
21. Any incident, accident, or flight operation thattransgresses the lateral orvertical boundaries ofthe 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. 

### \

\\

### 14 C.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 airworthinesscertificates as required by FAR 

### §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA

### to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximityto airports and populated areas of the particular UAS. 

### In all cases, an analysis ofthese criteria demonstratesthat the UAS

### operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS

### to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetyto the public and propertyowners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

### Part 2/.Subpart H. Lastly, application of these same criteria demonstratesthatthere is no credible threatto national security posed bythe UAS, 

### due to its size, speed ofoperation, location of operation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14 C.F.R. §

### 45.23 (b). Marking of the AircraftThe regulation requires: When marks include onlythe Roman capital letter "N"and the registration number is displayed on limited, restricted or light sport category aircraftor experimental or provisionallycertificated aircraft, the operator must also displayon that aircraft neareach 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 sportf "experimental! or "provisional! as applicable
14 C.F.R. §

### 45.23 (b). Marking of the 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 aircraftor experimental or provisionallycertificated aircraft,
the operator must also displayon 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 sportf "experimental! or "provisional! as applicable. Even though the UAS


### will have no airworthiness certificate, an exemption may be needed as the UAS

### will have no entranceto 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 "Experimental" will be placed on the fuselage in compliance with §45.29 (f). 

### us DepartmentofTransportation February 20. 

### 2015 The equivalent level of safety will be provided by having the UAS 

### marked on its fuselage as required by §45.29 (f) where the pilot, observerand others working with the UAS

### will see the identification of the UAS

### as "Experimental." 14 C.F.R. 

### § 61.113 (a) and (b The

### '~ • ' 'I 

### Jproposed UAS operations mayachieve an equivalent level of safetyas achieved by current Regulations because the applicant's UAS do notcarry any pilots or passengers nor property. The risks attendant to the It is believed thatthe operation and limitations set forth in the FOM will equate to the 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 it is in airworthycondition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size of the aircraft for maintenance and use of safetychecklists priorto each flight, an equivalent level of safetywill be provided. 14 C.F.R. 

### § 91 .9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person mayoperate a U.S.registered 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 acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or anycombination thereof. The UAS, given its size and configuration has no abilityor place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but becausethere is no room or capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained bykeeping the flight manual at the ground control point where the pilot flying 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 safetyof flight. As FAA approved rotorcraftflight manuals will not be provided forthe 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 of flight
14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fullyfunctioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the useof a control box that communicates with the aircraft.via radio communications. the FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neithera pilot nor passengers will be carried in the aircraftand by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at lessthan the minimums prescribed, provided the person operating the helicoptercomplies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption maybe needed to allow such operations. As setforth herein, the UAS will neveroperate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to surveyor 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. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent.
The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission of the propertyowneror local officials. Because ofthe advance notice to the propertyownerand participants in the filming activity, all affected 

### \individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently '\ presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and 'I

the operations of conventional aircraft that must complywith Section 91.119. 14 C.F.R. §91.121 Alt.imeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption maybe needed. An equivalent \ level of safetywill be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator · beforeflight. 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 underVFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first pointof intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least30 minutes; or (2) At night, to fly afterthatfor at least45 minutes."The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled area where only people and propertyowners 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 of the small UAS. The applicant believes that an equivalent level of safetycan be achieved by limiting flights to 30 minutes or25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UASto 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 it the following: (1) An appropriate and current airworthiness certificate

.... (b) No person mayoperate a civil aircraft unlessthe 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 legibleto passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limitand 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 at the ground control point where the pilot flying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.
14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraftoperatororowner "shall have that aircraft inspected as prescribed in subpart Eof this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspector maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 applyonlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuant to the flight manual and operating handbook. An equivalent level of safetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediatelyand 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 of any maintenance performed. Moreover, the operator isthe person most familiar with the aircraft and best suited to maintain the aircraft in an airworthycondition to provide the equivalent level of safety. An

### equivalent level of safetywill 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 link on last page, the operator will ensure that the UAS 

### is in working order prior to initiatingflight and perform required maintenance needed.



### Additional Information. \



### The applicant 

### Robert Shih believes this exemption request and associated \\ safety considerations adequatelysatisfy criteria provided in Section 333 of the Reform Actof 2012, providing sufficientjustification forthe granting of commercial operations of the applicant's UAS.



### The applicant, 

### Robert Shih requests your respective approval ofthis Section 333 exemption petition request

Thank you for your attention in this matter. Please notify 

### Robert Shih ofyour actions, and or approvals. Thankyou, for your interest in this request

Sincerely,



### Manual Link :httQ:I/download.djiinnovations.com/downloads/insQire 1 /en/lnsQire 1 User Manual v1.4 en.pdfhttQ://download.djiinnovations.com/downloads/Qhantom 3/en/Phantom 3 Professional User Man ual v1.4 en 0915.Qdf httQ://3drobotics.com/wp-content/uQioads/2015/07 /v4 07 07 15.Qdf

_s: