# May 12, 2015

U. S. Department of Transportation

Attn: Docket Management System 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. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam, This petition is to inform that individual Ryan Summerfield, seeks exemption pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, from the Federal Aviation Regulations (“FARs”) listed below so that Ryan Summerfield, may operate a small ultra

- ligh t weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

This petition is, in most regards, similar to granted exemption No. 11138 both in operational approach (closer than 250 ’) and equi pment being utilized (DJI Phantom 2). As described herein Ryan Summerfield, professional cinematographer and photographer with over ten years of hands

- on experience in the film and production industry formally requests an exemption . In the early stages of building UAS systems for testing and research purposes, Ryan Summerfield has since demonstrated the ethical and economical use of UAS systems for the use of: Geographical Studies, Coastal Mapping, and Real Estate C ommerce. This is only available following an exemption and approval by the FAA.

Ryan Summerfield’s exemption request would permit operation of an ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property

boundaries for individual land

- owners on which the concurrent film and photo would take place. Ryan Summerfield has instil led safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to commercial video and photography usage as Ryan Summerfield records flight data and other informationgained through permitted flight operations to share with the FAA through any required

FAA reports to assist with future protocol and safety regulation.

Granting Ryan Summerfield’s request comports with the Secretary of Transportation’ s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the

national airspace system, but to “...establish requirements for the safe operation of such

aircraft systems [ UAS's] in the national airspace system” und er Section 333(c) of the

Reform Act specific to the use of UAS's for research in commercial, and photography uses. Further, Ryan Summerfield will conduct his operations in compliance with the

p rotocols described herein or as ot herwise established by the FAA. For the reasons

stated below Ryan Summerfield respec tfully requests the grant of an exemption allowing operation of ultra

- light weight, remote controlled UAS’ s for community

awareness to ben ef it/stimulate attraction to the Coastal North Carolina region, and to enhance tourism projects, research and development, and to establish a safety protocol

for users alike. Both of which will promote local ec onomic growth through increased employment and increased tourism interest. With public sa fety at the top of the list, Ryan Summerfield aims to use this exemption as a standard for safe protocol and reliable UAS systems management.

I. Contact Information: Ryan Summerfield Cinematographer

210 Little Ki nston Road Surf City, NC 28445 Mobile: ( 910)803

- 4214

Email: ripod704@aol.com

II

. The Specific sections of Title 14 of the Code of Federal Regulations from

which Ryan Summerfield requests exemption: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b);

14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The extent of relief Ryan Summerfield seeks and the reason they seek such

relief: Ryan Summerfield submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent Commercial, Tourism, Mapping , and other flight operations within th e national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Ryan Summerfield’s , ultra

- light weight UAS meets the definition of “small unmanned

aircraft” as defined in Section 331 and therefore the integrati on of the ultra

- light weightUAS is expressly contemplated by the Reform Act. Ryan Summerfield would like to

operate his ultra

- light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Th e Reform Act guid es the Secretary in determining the types of UAS's that may operate safely i n our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; whether the UAS will be operated near airpor ts or heavil y populated areas; and, w hether the UAS will be operated by line of sight. 112 P.L. 95 §

333 (a). Each of these items are in favor of an exemption for Ryan Summerfield

. His UAS utilizes four (4) c ounter

- rotating propellers for balanc e, control and stability. His UAS is eq uipped with GPS and auto return safety technology, and weighs less than ten (10) pounds (far below the maximum 55 pound limit); including camera and full payload. Ryan Summerfield considers safety as a foremost component for ea ch flight. A checklist of all solder points, screws, and connectors is provided before each flight. Orange cones are used to designate a controlled lift

- off, and landing area. His small unmanned aircraft is designed to hover in place via GPS and operate in less than a fifteen (15 mph) wind. For safety, stability and overall preservation of safety, he will n ot operate in winds exceeding ten (10 mph). Built in safety systems include a GPS mode th at allows

the UAS to hover in place w hen radio controls are re leased, as well as a radio switch to disengage GPS and manually control the UAS when needed. In the event that pilot

radio commun ication is lost the UAS is designed to slowly descend to the point of

takeoff , as well as incorporating a designated “Fail

- safe” t oggle switch to initiate the UAS to slowly land at the home point of takeoff . Ryan Summerfield will not operate his

UAS near A irpor ts, Hospitals nor Police H eliports, and will not o perate near areas where general public is within fifty to one hundred (50

- 100) yards depend ing on location,

conditions and most of all, permission

. Specializing in low

- altitude imagery, Ryan Summerfield will not exceed altitudes of (250) feet AGL on any given project. Ryan

Summerfield will be prepared to land/abort immediately to the neare st and safest ground station should a manned aircraft approac h his location or should he suspect

manned aircraft may approach near the flying lo cation. Ryan Summerfield will utilize an operator and vi sual spotter with an appropriate certification who has the ability to

m onitor air and ground communications on all flights. Two

- way radio is used for immediate communication, if needed, however the operator and spotter remain together in close proximity at all times. The UAS is capable of vertical and horizontal operations,

and will only be flown within line of sight of the operator. Util izing battery power rather

than combustible fuels, flights generally last between ten (10) to twelve (12 ) minutes,

with a n altitude under ( 250 ) feet AGL programmed in the UAS firmware settings

. Ryan

Summerfield wil l utilize a properly stored and fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty

- five (25) minutes. However, Ryan Summerfield limi ts each flight to twelve (12) minutes maximum, leaving a safety threshold of approximately fifty percent (50%) remaining battery power upon grounding the UAS. Ryan Summerfield will no t operate t he UAS at or below

manufacture r s recommend minimum charge levels for op era tion; preferring to remain

well within a safe operating range to insure adequate communic ation between radio

control and UAS to eliminate potential for hazar d. Reserve batteries will be at hand with each exercise to insure replacement for suff icient sa fe level of operation. Ryan

Summerfield will exercise extreme caution when ope rating his UAS/ultra

- light weightunmanned aircraft and will not “create a hazard to users of the national airspace system

or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of their UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's int o the national airspace system. Ryan Summerfield’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

IV. How Ryan Summerfield’s request will benefit the public as a whole: Aerial videography for geographical awareness as well as tourism and real

- estate cinema has been utilized for years through the use of manned, fixed wing airc raft and helicopters. Congress has proclaimed that it is in the public’s int erest to integrate commercially flown UAS's into the national airspace system, hence the pas sing of the

Reform Act. Granting Ryan Summerfield’s exemption request furthers the public interest through visual awareness of the geographical benefits in the coastal North Carolina region. His ult ra

- light weight UAS is battery powered and creates no environment impacting emissions or fumes . The consequence of the ultra

- light weight UAS malfunctioning is far less than a ful l size helicopter or fixed wing aircraft; which both

contain combustible fuel and can cause catastrophic devastation in the unfortunate

event of malfunction. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial v ideo/photo capture through the battery ope rated ultra

light weight UAS. Permitting Ryan Summerfield to immediately fly within controlled and

low

- altitude air space furthers economic growth and development catering to the UAS

sector of coastal North Carolina. G ranting his exemption request substantially furth ers the economic impact for the Surf City , NC community for companies looking to reloc ate

or build in the area as well as individuals and companies seeking geographical information such as: coastal surveying, shoreline erosion ma pping, and property development.

V. Reasons why Ryan Summerfield’s exemption will not adversely affect safety or how the exemption will provide a level of safety at least equal to existing rule: Ryan Summerfield’s exemption will not adversely affect s afety. The following represents enhancements to current aerial videography and photography protocol. The UAS weighs less than 10 pounds complete with payload. This is a DJI Phantom 2

UAS with GoPro Hero 4 Camera.

• The operator will only operate the UAS below 250 feet (within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

• The o perator only operates the UAS for 10

- 15 minutes per flight;

• The operator will land the UAS prior to m anufacturer recommended minimum level of battery power;

• The operator will command the UAS through 2.4ghz remote only by line of sight;

• Ryan Summerfie ld will utilize and adhere guidance from a pilo t with experience in

manned and radio controlled aircraft operation;

• The UAS has GPS, a flight safety feature whereby it hovers and then slowly descends to the landing point if communication with the remote control pilot is lost;

• The operator will actively analyze flight data and other sources of information to constantly update and enhance safety protocols;• The operator will only operate in reasonably safe environment s , away from power

lines, elevated li ghts, airports and actively populated areas;

• The operator will conduct extensive pre

- flight inspections and protocol, during which safety carries primary importance;

• The operator will obtain all necessary permissions prior to operation; and,

• He will have procedures in place to abort flights in the event of safety breaches or potential danger. Ryan Summerfield’s safety protocols provide a level of safety equal to or exceeding existing rules. The potential loss o f life is diminished

because the UAS car ries no passengers, and only operates in specific areas away from mass populations. T here is No fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. The small size and extreme maneuverability of the

UAS allows for it to be remotely piloted away from and avoid hazards quickly and safely.

VI. 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 forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size and weight of Ryan Summerfield’s UAS permits exemption

from Part 21 because the UAS meets (and exceeds) an equivalent level of safety 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 le gislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Ryan Summerfield’s, UAS meets or exceed s eac h of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft withou t 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's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual deline ating areas of where safety can be defined. 3 The FAA has previously issued exemptions to this regulation in 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 as the UAS utilizes electronic global positioning systems with a barometric sensor. 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 descri bed above. The equivalent level of safety will be achieved by maintaining a ny such required

certifications and registrations by the FAA for Ryan Summerfield.

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. UAS are, by definition, unmanned. They therefore do 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 s mall aircraft with dimensions smaller that

minimal lettering requirement. Regardless, Ryan Summerfield will mark his UAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that the p ilot, or anyone assisting the pilot as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Lim itations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. Ryan Summerfield , can achieve an equivalent level of safety as achieved by current Regulations because the UAS does not carry any pilots or p assengers. Further, Ryan Summerfield will adhere a private pilot with experience in manned and radio controlled aircraft. The risks attended to the operation of the UAS are far less

than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the operation of the UAS to meet and exceed 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 o f civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Their UAS will never operate at an altitude greater than 25 0 AGL; in accordance with the standard of

400 AGL. Ryan Summerfield will operate his UAS in safe are as away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved

.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above

- cited 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 discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regul ations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Ryan Summerfield’s , UAS. However, as a safety precaution Ryan Summerfield will inspect the UAS before and after each flight. Applying proper techniques to review and ensure a safe and reliable flight system.

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 forth requirements for procurement of necessary

airworthiness certificates in re lation to FAR § 91.203(a)(1). The size and weight of Ryan Summerfield ’ s UAS permits exemption from Part 21 because Ryan Summerfield’s

UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The

FAA is authorized to exempt airc raft 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 consideration of the weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Ryan Summerfield’s UAS meets or

exceeds each of these elements. 12 C.F.R. 91.7(a) prohibits the operation of an aircraft without the airworthiness certificate. As no such certification 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 pilots or passengers, and given the size of the UAS, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a ground manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167. A precautionary maintenance program will be utilized that involves regular software updates and curative measures for a ny damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Ryan Summerfield 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. § 91.109; 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)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate a small,

unmanned vehicle/ultra

- lightweight unmanned aircraft for coastal tourism awareness, business relocation development, and real estate cinema and photography to help

attract n ew businesses, and economic growth in the coastal Carolina region. Currently, tourism and awareness projects rely primarily on the use of larger aircraft with combustible fuel, posing potential threat risk to the public. Granting Ryan Summerfield’s
request for an exemption will reduce current risk levels as well as enhancing safety protocols for the usage of the UAS system with developing and implementing features to enhance the reliability and safety of each flight. Ryan Summerfield’s UAS will be operated at lower altitudes than the (400ft AGL) ceiling, rather, staying below the 250 feet operating range. Ryan Summerfield’s UAS weighting less than 10 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety

as that achieved under current FARs. Ryan Summerfield’s level of safety and awareness will prove to become a necessity as he assesses and treats every flight operation with care, integrity, privacy, and overall respect for FAA Modernization and

Reform Act or 2012. Accordingly, Ryan Summerfield respectfully and formally requests that the FAA grant his exemption request.

Respectfully submitted,

Ryan Summerfield Cinematographer

210 Little Kinston Rd Surf City, NC 28445