1 

### Jonathan **R. Geddis**  March 7 , 2016 U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave

. SE Washington, DC 20590

RE: **Exemption Petition under Section 333 of the FAA Modernization & Reform Act,**

**and Title 14 Part 11 of the Code of Federal Regulations (CFR)**  

### Dear Sir or Madam,
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act ” ) and 14 C.F.R. Part 11 , **Jonathan R.**  **Geddis** ( the “applicant” ) , operator of an Unmanned Aircraft Sy stem (“UAS”) seeks an exemption from the Federal Aviation Regulations (“FARs”) to allow for commercial operation for aerial imaging and video for the purpose of marketing materials and media.


### BACKGROUND Petitioner seek s the requested exemption s and a Certificate of Authorization (COA) to permit Petitioner to offer on

- demand comm ercial UAS operations for a host of industries and applications including:

- Aerial photograph y and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

- Aerial video and/or photograph y for public and/or private use including television, video production, public events, landscape cinematograph y an d network news imaging.

- Aerial inspection/photograph y of residential/commercial structures under contract with the owners or local government authority

.

- Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster onl y when the local authorities or government has requeste d it by contract or donation.

- Training to persons individually or belonging to both private and/or public organizations to increase awareness and improve safet y for current and future UAS operations within the Nati onal Airspace S ys tem (NAS).

- Wildlife and forestry

monitoring

.

- Educational and research operations

.2



### Regulations from which the exemption is requested : 14 CFR Part 21 S ubpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (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) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) The small UAS’s I will be using are multi

- rotor craft weighing no more than 55lbs. including payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability

to hover and move along a vertical and horizontal plane simultaneously

. They will operate in line of sight onl y and b y the exempted person only obeyingall other local and federal laws. Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform Act’s safet y requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, includ ing but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingl y the applicant requests that the FAA grant the requested exemption with minimum delay

. 

### AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safet y of the persons and/or propert y using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:3

1. The small UA S will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever
occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground L evel (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PI C), the Visual Observer (VO) when needed and may inclu de but not limited to a Camera Operator. 6. The small UAS pilot will be **Jonathan R. Geddis** ONLY no t allowing an y other person to operate the small UAS in a commercial capacity. 7. A briefing will be performed regarding the planned small UAS operations prior to each day ’s flight consisting of all the day s’ production activities. 8. The PI C will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight op eration, and the radius may be reduced to 30 feet based upon an equivalent level of safet y determination, as required under the FOM. With the advanced permission or direction of the FSDO, operations at closer range may be approved. 9. The PI C and VO will hav e been trained in operation of small UAS and receive up

- to

date information for the particular small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or Camera. 10. The PI C and VO will be able to communicate b y voice, ra dio, and/or text at all times. 11. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when ne eded. 12. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability

to return to a pre

- determined location within a designated location and land autonomously. 13. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.4

**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)** The small UAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passeng er, carries no explosive materials or flammable liquid fuels, and operates exclusiv el y within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the operator and un der the requirements and in compliance with local public safety requirements. These safet y enhancements provide a greater degree of safet y to the public and propert y owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates that there is no credible threat to national security posed b y the small UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R. § 45.23 (b). Marking of the Aircraft** Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the small UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equiva lent level of safet y will be provided by having the small UAS marked on its fuselage as required b y §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification of the small UAS as “Experimental.” **14 C.F.R. § 61.1 13(a): Private Pilot Privileges and Limitations: Pilot in Command.**  Our small UAS do not carry an y pilots or passengers nor propert y therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation of the small 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 airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for dete rmining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safet y will be provided.5

**14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.** The small UAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity

to carry such an item on the aircraft. The equivalent level of sa fety will be maintained by keeping the flight manual at the ground control point where the pilot flying the small 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 safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The OPERATOR will take all act ions including 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.** Small UAS and remotely piloted aircraft, by their design do not have full y 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 approved exemptions for flight training without fully

functional dual controls f or a number of aircraft 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 b y the size and speed of the aircraft. **14 C.F.R. §91.1 19: Minimum Safe Altitudes.**  As this exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption m ay be needed to allow such operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with securit y perimeter, where buildings and people will not be exposed to operations without their preobtained con sent. The equivalent level of safet y will be achieved given the size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken without the permission of the propert y owner or local officials. Because of the advan ce notice to the property owner and6

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 55lbs. proposed herein and the lack of flammable fuel, an y risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the small UAS will ensure sep aration between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 Altimeter Settings.** As the small UAS may

not have a barometric altimeter, but instead a GPS altitude read out, an exemption may

be needed. An equivalent level of safet y will be achieved by the operator, pursuant to the safet y check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
**1 4 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  Given the limitations on the small UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twili ght VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where onl y people and property owners or official representative s who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the ty pe of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Applicant believes that an equivalent leve l of safet y can be achieved b y limiting flights to 30 minutes or 25% of battery

power

— whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from an ywh ere in its limited operating area.
**1 4 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration**  The small UAS fully

loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry

certification and registration documents or to display them on the small UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applic able to the small UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shal l between required inspections, except as provided in paragraph (c) of this section, have7

discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these se ction and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate onl y in restricted areas for limited periods of time. If mechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y maintenance performed. Moreover, the operator is the person most familiar with the ai rcraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safet y.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance needed. Additionall y:
1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the airport manager has been made. 2) I land m y UAS prior to manufacturer recommended minimum level of battery power 3) I pilot my

UAS through remote control by line of sight 4) My UAS uses GPS and a flight safety feature whereby

it returns to a pre programmed position and then slowly

lands if communication with the remote control pilot is lost 5) I activel y analyze flight data and other sources of information to constantly update a nd enhance safety

protocols 6) I conduct extensive pre

- flight inspections and protocol, during which safety carries primary importance 7) I alway s obtain all necessary permissions prior to operation; and, 8) I have procedures in place to abort flights in the eve nt of safet y breaches or potential danger.8

Small UAS to be used is as follows: (1) DJ I Phantom 3 Professional Weight (Including Battery And Propellers) 1280 g Diagonal Size (I

ncluding Propellers) 590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy : Vertical: +/

- 0.1 m (when Vision Positi oning is active) or +/

- 0.5 m Horizontal: +/

- 1.5 m Max Speed 16 m/s (ATTI mode, no wind) Thank you for your time in reviewing and considering my section 333 exemption.
Since rel y, Jonathan R. Geddis