Page 1

September 21, 2015 Ky le Blake Blake Homes, LL C 952 Old Mail L ane Sanford, FL 32773 352

- 504

- 6979 FamilyFirst@BlakeHomesFlorida.com U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave. SE Washington, DC 20590 RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. §§ Part 21; 45.23(b); 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) ( 1) (2); 91.417(a)&(b) Dear Sir or Madam: I, Kyle Blake, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I , Kyle Blake, an owner and operator of small unmanned aircraf ts, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I , Kyle Blake, may operate my

small light

- weight unmanned aircraft sy stem (“UAS”) commercially

in airspace regulated by

the Federal Aviation Administration (“FAA”). I, Kyle Blake, have over 5 y ears of digital photography experience as well as over 10 y ears in the field of Information Technology (IT). Using the DJIPhantom 3 1 , I , Ky le Blake, intend to provide Videograph y, cinematography and photograph y s ervices in the areas of real estate, site survey s, aerial mapping, special events to include but not limited to weddings, private or public parties/events, outdoor recreational facilities and landscapes, waterway , flight training, demonstration flights. I, Kyle Blake, am committed to safet y with each flight. M y, K yl e Blake’s, exemption request would permit operation of a UAS(s) in areas away from the general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual h omeowner real estate listing videos/photos. **I. Contact Information:** Ky le Blake, Owner Blake Homes, LL C 952 Old Mail L ane

1 Attachment
– DJI Phantom 3 Advanced SpecificationsPage 2

Sanford, FL 32773 352

- 504

- 6979 FamilyFirst@BlakeHomesFlorida.com **II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Kyle**  **Blake Requests Exemption are:** 1 4 C F R P art 2 1 ; 1 4 C

. F
. R
. 4 5
. 2 3 ( b ) ; 1 4 C F R 6 1
. 1 1 3 ( a ) & ( b ) ; 1 4 C

. F
. R
. 9 1
. 7 ( a ) ; 1 4 C

. F
. R
. 9 1
. 9 ( b ) ( 2 ) ; 1 4 C

. F
. R
. 9 1
. 1 0 3 ( b ) ; 14 C.F. R. 91.109; 1 4 C

. F
. R
. 9 1
. 1 1 9 ; 1 4 C

. F
. R
. 9 1
. 1 2 1 ; 1 4 C

. F
. R
. 9 1
. 2 0 3 ( a ) & ( b ) ; 1 4 C

. F
. R
. 9 1
. 1 5 1 ( a ) ; 1 4 C

. F
. R
. 9 1
. 4 0 5 ( a ) ; 1 4 C F R 4 0 7 ( a ) ( 1 ) ; 1 4 C F R 4 0 9 ( a ) ( 1 ) & ( a ) ( 2 ) ; 1 4 C F R 4 1 7 ( a ) & ( b ) **III. The Extent of Relief Kyle Blake Seeks and the Reason He Seeks Such Relief:**  I, Kyle Blake, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I , Kyle Blake, an owner and operator of small unmanned aircraft , be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I may

operate my

small light weight unmanned aircraft s ys tem (“UAS”) commerciall y in airspace regulated b y the Federal Aviation Administration (“FAA”). The Reform Act in Sect ion 332 provides for such integration of civil unmanned aircraft s ys tems into our national airspace s ys tem as it is in the public’s interest to do so. My , Kyle Blake’s, light

weight UAS meets the definition of “small unmanned aircraft” as defined in Sectio n 331 and therefore the integration of my light

- weight UAS is expressly contemplated by

the Reform Act. The Reform Act guides the Secretary in determining the t ypes of UAS's that may operate safel y in our national airspace sy stem. Considerations include: T he weight, size, speed and overall capabilities of the UAS's, whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated b y line of sight 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Kyle Blake . M y UAS utilizes four (4) counter
- rotating propellers for balance, control and stability and is equipped with a GPS and auto return safet y technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Kyle Blake , will operate the Phantom 3 in a safe manner, using the following checklists as well as operating procedures to determine that the aircraft is phy sically and electronically

ready for safe flight and that permi ssion from the propert y owner/representative is received:Page 3

**Pre -**  **flight Checklist:** S ur v e y th e p r o p e rt y f

o r h a z ar d s , s u c h a s tr e e s , u t i l i t y p o l e s an d o th e r e l e m e nt s th at m i ght compromise the flight then make a judgment as to whether to proceed. C h e c k th e w e ath e r f

o r w i n d s p e e d , c l o u d c o v e r an d an y f o r e c a s t c h an g e s th at m i ght a dv e r s e l y affect flight safet y and performance. E x am i n e th e a i r c r a f

t
- looking at connections and searching for cracks and loose parts. D e t e r m i n e th at th e e l e c tr o n i c e lements are performing correctly (receiving more than 6 GPS signals along with calibration of the magnetic compass). D e t e r m i n e th at th e b ar o m e tr i c a l t i m e t e r r e f l e c t s a p p r o x i m at e l y 0 f

e e t A G L
. F o l l o w i n g t ak e o f

f , h o v e r at an a l t i tu d e o f a

p p r o x i m at e l y 1 0 feet to assure that the Home Point is solid. Then exercise all controls to confirm their functionality , if one of the controls is not functioning, the flight will be terminated immediately

. N o t f l y o v e r d e n s e tr a f

f i c o r c r o w d s . G i v e r i ght
- of

- way to any manned aircraft. S t ay c l e ar o f F A A c o n tr o l l e d a i r s p a c e at a i r p o rt s ( g e n e r a l l y a f

i v e n a ut i c a l m i l e r a d i u s ) a s w e l l as restricted and prohibited zones. F l y n o h i gh e r th an 4 0 0 ' an d n o f urth e r th an 1 0 0 0 ' f

r o m th e H o m e P o i nt , r e c o gn i z i n g th at th e pr imary responsibility

is to safel y keep the aircraft safel y within VLOS. S t ay c l e ar o f c l o u d s an d f o g ( 5 0 0 ' v e rt i c a l l y an d 2 , 0 0 0 ' h o r i z o nt a l l y)

. **Post -**  **flight Checklist:** In s p e c t th e P h ant o m 3 t o d e t e r m i n e i t s p h y s i c a l an d e l e c tr o n i c c o n d i t i o n . E x am ine the aircraft

- looking at connections and searching for cracks and loose parts. **IV. How Kyle Blake’s**  **Request Will Benefit the Public as A Whole:** Aerial videograph y and photograph y has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies and individuals, the expense of such aerial videograph y and photography is cost prohibitive. Only large compan ies and high

- income individuals can afford to absorb such expense. Manned aircraft pose a threat to the public through potential catastrophic crashes resulting in a potential loss of life. My, Ky le Blake ’s, UAS poses no such threat since size and lack of c ombustible fuel alleviates an y potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commerciall y flown UAS’ into the national airspace s ys tem, hence the passing of the Reform Act. My , Kyle Blake , light

- weight UAS is battery powered and creates no emissions that can harm the environment. **V. Reasons Why Kyle Blake**  **’s Exemption Will Not Adversely Affect Safety Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing**  **Rule:** My , Ky le Blake ’s, exemption will not adversely affect safet y. • My UAS weighs less than 5 pounds complete with a small light

- weight high definition (HD) camera. • Ionl y operate m y UAS below 400 feet (well within the 400 foot permissible ceiling set by th e FAA Modernization and Reform Act of 2012). • Iland my

UAS prior to manufacturer recommended minimum level of battery power. • Ipilot my

UAS through remote control/FPV only by line of sight.Page 4

• My UAS has GPS with a flight safet y feature whereb y it ho vers and then slowly lands if communication with the remote control pilot is lost. • Ionl y operate in reasonably safe environments that are strictl y controlled, are away from power lines, elevated lights, airports and activel y populated areas. • I conduct extensive pre

- flight inspections and protocol, during which safe ty carries primary importance. • Ialway s obtain all necessary permissions prior to operation. **VI. A Summary the FAA May Publish in the Federal Register:** A. 14 C.F.R. § 21, 14 C.F .R. § 91 and 91.151: Airworthiness Certificates, Manuals and the Lik e 14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a) (1). The s ize, weight and enclosed operational area of m y, Ky le Blake ’s, UAS permits exemption from Part 21 because m y UAS meets (and exceeds) an equivalent level of safet y pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in con sideration of the weight, siz e, speed, maneuverabilit y and proximity to areas such as airports and dense populations. My , Ky le Blake ’s, current and projected UAS’ meet or exceed each of the elements. 14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safet y will be achieved b y m aintaining a safet y/ flight manual delineating areas of where safet y can be defined. The FAA has previously issued exemptions to this regulation i n Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning s ys tems with a barometric sensor. 14 C.F.R. § 91.151(a) with the condition that the PI C does not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fl y to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent level of safet y will be achieved by mai ntaining an y such required certifications and registrations b y me, Ky le Blake. B. 14 C.F.R. § 45.23: Marking of the AircraftPage 5

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. M y, Kyl e Blake, UAS is , by definition, unmanned. Therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirem ent. Regardless, I, Kyle Blake, will mark the UAS in the largest possible lettering by placing the word “EXPERI MENTAL” on its fuselage as required by 14 C.F.R. § 45.29 (f) so that I, Kyle Blake, the pilot, will see the markings. The FAA has previousl y issu ed exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R. § 61.113: Private Pilot Privileges and L imitations: PI C Pursuant to 14 C.F.R. § 61.113 (a) & (b), private pilots are limited to non

- commercial operation s. I, Ky le Blake, can achieve an equivalent level of safet y as achieved by current Regulations because m y UAS does not carry an y pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attende d to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Ky le Blake, to operate m y UAS in a manner that meets and exceeds current safety

levels in relation to 14 C.F.R. § 61.113 (a) & (b). D. 14 C.F.R. § 91.119: Minimum Safe Altitudes 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will nev er operate at an altitude greater than 400 AGL ; safel y below the standard of 400 AGL. I, Kyle Blake, will however operate my

UAS in safe areas away

from public and traffic, providing a level of safety at least equivalent to or below those in relation to mi nimum safe altitudes. Given the size, weight, maneuverability

and speed of m y UAS, an equivalent or higher level of safet y will be achieved. E. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance Inspections The above

- cite d Regulations require, amongst other things, aircraft owners and operators to have the 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 discrepancie s repaired as prescribed in part 43 of this chapter. These Regulations only

apply to aircraft with an airworthiness certificate. They will not, therefore, appl y to m y, Kyle Blake’s, UAS. However, as a safet y precaution, I , Kyle Blake , inspect my

UAS before and after each flight. A Summary

the FAA May

Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets f orth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permit exemption from Part 21 because my , Ky le Blake’s, UAS meets an equivalent level of s afety

pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’ from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability

and proximity

to areas such as airports and dense populations. My UAS meetsPage 6

or exceeds each of the elements. 14 C.F.R. § 91.7(a) pro hibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated b y the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the ai rcraft. As there are no pilots or passengers, and given the size of the UAS’, this Regulation is inapplicable. An equivalent level of safet y will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for an y damaged hardware. Therefore, an equivalent level of safety

will be achieved. **In summary, Kyle Blake seeks an exemption from the following Regulations:**  14 C.F.R. § 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b) (2); 14 C.F.R. § 91.103 (b); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 91.409 (a) (1); and, 14 C.F.R. § 91.417 (a) & (b) I, Kyle Blake, am requesting this exemption for the purposes of aerial photogra phy , cinematograph y, videography , inspections and other flight operations. The reason for such a general and broad based request is that I, Ky le Blake, wish to utilize a business strategy that capitalizes on opportunities as they may arise in the future. M y, K yl e Blake’s, business model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby

. Granting m y, Kyl e Blake’s, request for exemption will reduce current risk levels and thereby enhance safety . M y UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional video and photographic aircraft. Further, I operate at l ower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. There are no personnel on board my , Ky le Blake’s, UAS and therefore the likelihood of death or serious bodily injury is significantly

dim inished. M y, Kyle Blake’s, operation of m y UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safet y as that achieved under current FARs. Accordingl y I, Kyl e Blake, respectfully request that the FAA grant m y exemption. Respectfully

Submitted,
Ky le Blake, Owner Blake Homes, LL C 952 Old Mail L ane Sanford, FL 32773 Attachment: DJIPhantom 3 Advanced Specifications