## LUTHER A. GILLIAM

– SECTION 333 EXEMPTION REQUEST

Regulatory

Docket No. TBD The following petition is submitted by **Luther Atkins Gilliam II, Police Sergeant** and made to
UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC 20591 for an exemption from Title 14, Code of Federal Regulations (14 CFR) Sections 45.23(a)(b); 45.27(a); 45.29; 47.15; 91.7(a); 91.119(b)(c); 91.121, 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) & (b).
**P REVIOUS GRANT OF EXEMPTION**  **I submit the following approved exemption s**  **as reference (a): Exemption No.11138**  / **Regulatory Docket No. FAA** 
**- 2014** 
**- 0481**  / **Exemption No.11587A Docket No. FAA** 
**- 2015** 
**- 0448**  Mr. Douglas Trudeau, Realtor(M, of Tierra Antigua Realty Trudeau), 1650 E River Road, Suite 202, Tucson, AZ 85718 and Mr. Jeff Greer, P.O. Box 1221, Senoia, GA 30276 petitioned the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 1.113(a)and (b), 91.7(a), 91. 9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14CFR). The proposed exemption would allow Mr. Trudeau and Mr. Greer to operate the PHANTOM 2 Vision+ quad

- copter unmanned aircraft sy stem (UAS) to conduct aerial videography and cinematography

to enhance academic community awareness for those individuals and companies unfamiliar with the geographical lay out of the metro Tucson , Ariz ona and Gergia area s and augment real estate listing videos and photographs

. **The FAA's decision pertaining to Exemption No. 11138 and No. 11587A** In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, purs uant to the authority contained in 49U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty , is granted an exemption from 14CFR61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 91.151(a)( 1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the extent necessary to allow petitioner to operate an unmanned aircraft s ys tems (UAS) for the purpose of aerial videograph y/ cinematography and augment real estate listing videos.
**CURRENT EXEMPTION PETITION I, LUTHER ATKINS GILLIAM II, POLICE SERGEANT, submit the following:**  **Summary of request** I am submitting this petition pursuant to the FAA Modernization and Reform Act of 2012 andthe procedures contained within 14 C.F.R. 11, so that I may operate the DJ I PHANTOM 3 ADVANCED (or similar, should newer, safer and/or more advanced models become available) quad

- copter unmanned aircraft sy stem (UAS) to conduct aerial photography , videograph y and cinematograph y to enhance academic commu nity awareness for those individuals and companies unfamiliar with the geographical lay out of Mary land (where I reside ) and surrounding areas and states, and augment real estate listing photos/videos as well as photos/videos of other businesses for which U AS aerial photograph y, videography and cinematograph y would be beneficial. In reference (a), Exemption No. 11138 (which is essentially identical to m y request), an exemption was approved for an individual with no pilot certificate. I also do not hold a pil ot’s license, but am currentl y employ ed b y the Metropolitan Washington Airports Authority (DCA and IAD). I currentl y hold a Secure Identification Area Badge (SIDA) and am required to annually complete Movement and Non Movement Area AOA training as terms of my employ ment. I have also been actively building and fly ing Unmanned Aircraft sy stems (quad

copters and tri

- copters)for the past two y ears and have done so in accordance with all regulations without any

violations. **I am supporting my request with the fo llowing information:**  1) This Exemption Request, 2) PHANTOM Fly ing Flow Chart V1.0 (Simplified Version); 3) PHANTOM 3 ADVANCED Quick Start Guide, 4) PHANTOM Pilot Training Guide vl.l; 5) PHANTOM 3 ADVANCED User Manual v1.6, 6 ) Personal protocols and control s. **I request relief from the following regulations:** In the interest of brevity , I have omitted exemption requests which the FAA determined "relief not necessary " in reference (a), Exemption No. 11138 / Regulatory Docket No. FAA

- 2014

- 0481. Sections 45.23(a)(b), 45.27(a) and 45.29 which pertain to aircraft markings and section 47.15 pertaining to registration. The UA does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering would be difficult and unreadable if placed on such a small aircraft with dimensions smaller than the minimal lettering requirement. This makes apply ing for and display ing an N number impractical, especially considering the design of the UA. Further, in the current NPRM for Small UAS, the "FAA proposes to exempt small unmanned aircraft which have not previously been registered an yw here from the regulatory

requirements of §47.15, which were designed to appl y to large

- asset manned aircraft." Section 91.7(a) which pre scribes that no person may operate a civil aircraft unless it is in an airworth y condition. Hobby grade UAs do not currently require airworthiness certificates. I will, however, perform a preflight inspection of m y UAS before each flight as outlined in the operating documents and in accordance with manufacturer specifications to comply with 91.7(b). Section 91.119(b)(c) which prescribes that, except when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes: (b) Over an y congested area of a cit y, town, or settlement, or over an y open air assembl y of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet of the aircraft.

(c) Over other than congested areas at an alt itude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Such restrictions put owners in congested and othe r than congested areas at a disadvantage b y limiting enhanced marketing of their homes or businesses, thereb y discriminating against them. Vertical takeoff and landing while photographing or making a video recording of a home or business can allow an enhan ced perspective of the structure as well as its proximity of mountains, golf courses, lakes, or other attractions not possible through ground level photograph y or videography. Reasonable and responsible aerial photography/videograph y in congested and other than congested areas of subdivisions, neighborhoods and/or businesses can be safel y conducted. Section 91.121 which requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that i s set "to the elevation of the departure airport or an appropriate altimeter setting available before departure." Hobb y grade UAs do not have an altimeter that can be set. Section 91.151(a)(1) which prescribes that no person may begin a flight in an airpl ane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, during the day , to fly after that for at least 30 minutes. The UAS fl ights will be conducted line of sight so no cross country

will flown negating the need for fuel reserves. Section 91.405(a) which requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter. Section 91.407(a)(1) wh ich prohibits, in pertinent par t, an y person fr om operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service b y a person authorized under §43.7 of the same chapter. Section 91.409(a)(1) and (2) which prescri be, in pertinent part, that

- (1) no person may

operate an aircraft unless it has had an annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by

§43.7 of this chapter, and (2) within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) which prescribe; in pertinent part, that

- (a) each registered owner or operator shall keep the following records for the periodsspecified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100 hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records mus t include: (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a spe cified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed b y §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator sha ll retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the worlc is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transfe rr ed with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of 4 this chapter s hall be retained until the defects are repaired and the aircraft is approved for return to service.
I am requesting an exemption from §§91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance Inspections be granted since they only appl y to aircraft with an airworthiness certificate and not hobb y grade UAs. Also, a UAS does not require a certificated A&P or other maintenance person to perform inspections. I will perform a preflight inspection of my UASbefore each flight as outlined in the o perating documents and in accordance with manufacturer

specifications. **Unmanned Aircraft System**
I will operate a UAS, the PHANTOM 3 ADVANCED which is comprised of an unmanned aircraft (hereafter referred to as UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad

- copter which is a hobb y grade radio controlled (RC) UA that has the capacity for software upgrades and a maximum gross weight of about 3 pounds. I t is equipped with four rotors that are driven by electric motor s powered b y batteries. The UA has a maximum airspeed of approximately 30 knots. Inco r porated into the programming of the Phantom is an automatic return home feature that automaticall y directs the UA back to the point of takeoff should communication with the transmitter be lost. This UA complies with Part 15 of the FCC Rules. A small, ultra

- lightweight camera may be factory

installed or a similar camera such as a GoPro may be attached to the UA that I will operate ove r various areas in and around Mary land as well as other states to enhance academic community awareness and augment real estate listings and other business and industry photos and videos.
I also propose to abide by and ensure this exemption will provide a level of safet y at least equal to existing rules:
• I will only

operate in reasonably

safe environments that are controlled, are away from power lines, elevated lights and airports (without prior communication with the controlling authority ) and
• I will conduct preflight inspections and protocols as outlined in the operating documents and in accordance with manufacturer specifications with safet y as the prima r y concern. **UAS Pilot in Command (PIC)** As stated previousl y I am not a licensed pilot, but am em ploy ed by the Metrop ol itan Washington Airports Authority , hold a current SIDA badge, as well as complete annual Movement and Non Movement Area AOA training. Regarding UAS operational training, I have been fl yi n g and building UAS for the past two y ears and I will have flown numerous practice flights in remote areas simulating flights for future photography /videography

to gain the necessary

familiarization with the characteristics of the UAS performance under different wind, temperature and other weather cond itions.
**UAS O p**  **erating Parameters**
I will abide by

the following additional operating conditions under this exemption: • All operations will be conducted with me as Pilot in Command (PI C). • UAS will be operated at an air speed less than or equal to 30 knots in accordance with procedures specified in the operating documents. • Land the UAS prior to the manufacturer's recommended minimum level of batterypower.

• Operate the UAS only

within visual line of sight (VLOS) of my self as PI C. • Use the global positioning s ys tem (GPS) flight safet y feature of the UAS whereb y it hovers and then slowl y lands if communication with the Ground Control System is lost. • Have in m y possession during flights the operating documents and the grant of exemption and will adhere to the conditions set forth therein. • I nspect the UA and Ground Control Sy stem prior to each flight to ensure they are in a condition for safe flight. Should an unsafe condition be noted, the flight will not be conducted until proper maintenance can be performed and logged. • Conduct a functional test flight following an y maintenance or alterations that may affect UAS operations to ensure proper function and make an entry of such in the UAS records. • Follow all UAS manufacturer component, maintenance, overhaul, replacement, inspection and life limit requirements. • Carry out UAS maintenance, inspections, and record keeping requirements in accordance with the operating documents. Maintenance, in spection, alterations and any other description of work accomplished will be noted in the UAS records prior to returning the UAS to service. • Comply with all safety

bulletins. • Conduct ongoing training, proficiency and experience

- building fli ghts and comply with the requirement of 3 takeoffs and landings within a 90 day period. • Operate the UAS at an altitude less than or equal to 500 feet AGL and not within 50 feet of people on the ground unless those people are inside a building or structure. A sign will be posted stating "Attention

— Aerial Photograph y in Progress. Remain Back 50 Feet" (This will be more restrictive than the current NPRM for the Micro UAS Subclass ification of UAs up to 4.4 Ibs. which proposes that fly ing over any person is permitted.) • UAS operations will be conducted during the day under Visual Meteorological Conditions (VMC). No operations will be conducted at night. • Flights will b e aborted should unpredicted obstacles or emergencies arise. • Flights within 5 nautical miles of an a ir port (where a great deal of real estate and businesses exist) will only be conducted with prior communication to the appropriate airport personnel as to location, altitude and duration of the flight. • Wind and weather conditions will be considered at the takeoff/landing point prior to flight. • Right of way

will be given to all manned air operations at all times. • UAS operations will not be conducted from any moving device or vehicle. • UAS operations will be conducted b y permission of the owner of the land, structure, vehicle or vessel or their authorized representative. Permission need only be granted once should repeat fl ights over the aforementioned land, structure, vehicle or vessel be deemed warranted.
**In conclusion** I believe m y request for exemption is warranted in this case and respectfully request that it be granted without termination date for the reasons I have s tated above. Aerial photography and videograph y operations for private or commercial properties and businesses benefit the public with enhanced perspectives of characteristics, amenities, and benefits a property has that cannot be display ed thr ough ground level photograph y a nd videography

.Thank y ou for y our time and attention to my request,

Luther Atkins Gilliam II 1222 Trice Meadows Circle Denton, MD 21629 Luther.gilliam@mwaa.com
703

- 965

- 0302