January	4,	2016

Forrest	Hurst

8336	State	Route	153

Addieville,	Illinois		62214

(618)	407-4792

Email:	hurstaviation@gmail.com	

U.S.	Department	of	Transportation,	Docket	Management	System	West	Building	Ground	

Floor,	Room	W12-140

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590	

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	of	2012	

Dear	Sir	or	Madam,	

In	accordance	with	the	FAA’s	Guidelines	for	Submitting	a	Petition	for	Exemption	under	

section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012,	I, Forrest	Hurst,	

petitioner,	request	exemption	from	the	following	sections	of	Title	14, Code	of	Federal	

Regulations:

61.113(a); 

61.113(b); 

91.119(c); 

91.121; 

91.151(a); 

91.405(a); 

91.407(a)(1); 

91.409(a)(1); 

91.409(a)(2); 

91.417(a) & (b)

In	order to	operate	small	unmanned	aircraft	systems	(UAS)	commercially	in	airspace	

regulated	by	the	Federal	Aviation	Administration	(FAA)	for	the	purposes	of	aerial	

photography,	cinematography,	photogrammetry,	mapping,	crop	surveying,	inspections	

and	other	flight	operations	that	could	be	performed	safely	and	more	cost	effectively	

with	the	use	of	small	UAS	at	low	altitude	within	the	U.S.	national	airspace	system	as	

compared	to	a	manned	aircraft.	Operations	will	be	performed	only	at	the	request	of	and	

with	the	authorization	and	permission	of	clients	or	their	authorized	agents	in	order	to	

facilitate	commerce	and	raise	awareness	of	the	beneficial	uses	of	small	unmanned	air	

systems.	So	long	as	such	operations	are	conducted	within	and	under	the	conditions	

outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	Section	333.	The	

conditions	identified	and	proposed	by	the	petitioner	are	drawn	from	references	13.	
The FARs 

The	petitioner	seeks	exemption	from	the	above	mentioned	FARs	for	the	following	

reasons;	

61.113(a) & (b); The	petitioner	requests	relief	in	order	to	facilitate	the	utilization	of	

pilots,	who	hold	a	SPORT	PILOT	(or	greater)	certificate.	Any	pilots	operating	under	this	

exemption	would	be	required	to	comply	with	any	conditions	as	set	forth	and	in	a	similar	

fashion	to	the	previously	granted	exemptions.	

91.119(c) As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU),	operations	conducted	

closer	than	500	feet	to	the	ground	may	require	that	the	UA	be	operated	closer	than	500	

feet	to	essential	persons,	or	objects	that	would	not	be	possible	without	additional	relief.	

The	petitioner	requests	modification,	waiver	or	exemption	and	clarification	concerning	

the	terms	“congested	areas”	and	“densely	populated”.	The	petitioner	requests	waiver	

for	this	condition	to	allow	reasonable	and	responsible	operations	in	areas	of	

subdivisions	and	neighborhoods	if	required.	

91.121 As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU)	is	inapplicable	since	the	

UAS	does	not	have	an	altimeter	and	instead	utilizes	electronic	GPS	with	a barometric	

sensor	for	altitude	information.	

91.151(a) As	discussed	in	Exemption	11136	(ADVANCED	AVIATION	SOLUTIONS	LLC)	prior	

relief	has	been	granted	for	manned	aircraft	to	operate	at	less	than	the	prescribed	

minimums,	including	Exemption	Nos.	2689,	5745,	and	10650.	In	addition,	similar	UAS	

specific	relief	has	been	granted	in	Exemption	Nos.	8811,	10808,	and	10673	for	daytime,	

VFR	conditions.	The	UAS	provides	battery	power	remaining	as	a	percentage	to	the	PIC.	

Information	provided	in	the	operating	documents	discusses	procedures	regarding	

remaining	battery	power	management.	Those	documents	contain	a	condition	in	which	

the	PIC	will	initiate	a	landing	procedure	when	battery	remaining	reaches	a	specified	

remaining	level.	Given	the	limitations	on	proposed	operations	and	the	location	of	those	

proposed	operations,	the	FAA	found	that	a	reduced	minimum	power	reserve	for	flight	in	

daytime	VFR	conditions	was	reasonable.	

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As	discussed	in	Exemption	

11138	(DOUGLAS	TRUDEAU),	the	petitioner	proposes	to	inspect	and	ensure	that	the	

UAS	is	in	a	condition	for	safe	flight	in	accordance	with	the	operating	documents.	The	

FAA	found	that	adherence	to	the	petitioner’s	operating	documents	and	the	conditions	

and	limitations	specified,	describing	the	requirements	for	maintenance,	inspection,	and	

recordkeeping,	were	sufficient	to	ensure	that	safety	would	not	be	adversely	affected.	

The UAS Systems 

The	primary (sUAS)	to	be	utilized	during	the	operations	is	a	consumer	class	helicopter,	

quad-rotor	aircraft.	It	is	manufactured	by	Yuneec,	Inc.	and	has	the	manufacture’s	model	

designation	Q500	Typhoon.	It	is	an	advanced	(sUAS)	with	state	of	the	art	safety	features,	

GPS	lock,	altitude,	position	hold	stabilization,	smart	mode,	angle	mode	follow	me	and	

return	to	home	mode.	The	ground	station	has	telemetry	with	altitude,	groundspeed,	

GPS	location	and	battery	life	for	both	the	transmitter	and	aircraft	as	well	as	an	audible	

and	vibration	alert	for	aircraft	low	battery.	Aircraft	LED	visual	alert	indicators	for	low	
battery,	GPS	loss,	and	communication	loss.	The	UAS	has	a	first	person	view	on	the	

controller	that	is	not	to	be	used	for	flight	by	the	PIC.	The	UAS	has	the	ability	to	link	with	

a	smartphone	or	tablet	for	video	link	separate from	the	onboard	display	if	needed.	The	

UAS	has	separate	radio	frequencies	for	telemetry	and	video	downlink	and	aircraft	

control.	

See	the	following	manufacture’s	specifications:

Yuneec	Q500	Typhoon	

quad	copter	Flight	Time: Up	to	25	Minutes	

Height: 240mm	(9.45	in)	

Width: 420mm	(16.54	in)	

Diagonal	Length	W\O	Rotor	Blades: 565mm	(22.2	in)	

Propeller/Main	Rotor	Diameter: 330mm	(13.0	in)	

Weight	W/O	battery	and	Payload	1130g	(40.0	oz)	

Battery: 5400mAh	3S	11.1V	LiPo		

3	Flight	Modes: Smart,	Angle	and	Home	Modes	

Maximum	Flying	Height: Default	400	Feet	AGL	(Adjustable	via	the	Q500	GUI)	

Maximum	Rotational	Velocity: 65°/s

Maximum	Bank	Angle: 35°	

Maximum	Climb	Rate	in	Smart	and	Angle	mode: 3m/s	

Maximum	Descent	Rate	in	Smart	and	Angle	mode: 2m/s	

Takeoff	Weight	With	Battery	and	CGO2-GB: 1700g	(60.0	oz)	

Radio	Control	Frequency	Band: 2.4GHz	

Maximum	Groundspeed: 15	MPH	

ST10	Personal	Ground	Station	Operating	System:	AndroidTM	

Number	of	Channels: 10	

Control	Transmission	Distance/Range	FCC	Compliance:	Up	to	800m	(2624.67	ft)	

CE	Compliance:	Up	to	400m	(1312.34	ft)	

Robust	Radio	Control	Modulation	

Yuneec	Protocol	Video	link	Frequency	Band: 5.8GHz	

Video	Transmission	Distance/Range	(Optimum	Conditions)	FCC	Compliance:	Up	to	600m	

(1968.5	ft)	

CE	Compliance:	Up	to	300m	(984.252	ft)	

Warning:	You	Must	Follow	Local	Laws	and	Maintain	Visual	Line	of	Sight	of	Aircraft	at	All	

Times.	

Flight	Systems	Telemetry	Data	On	Screen	Display	(OSD)	Yes	

LED	Backlit	LCD	Screen	Capacitive	Multi-Touch	4.5”	Tactile	(Vibrating)	and	Audible	

Feedback	Yes	

Built-In	LiPo	Battery	Voltage	/	Capacity	3.6V/5200mAh	18.72Wh	

CGO2-GB	Camera	Gimbal	System	Focusing	System	

Aerial	Optimized	Fixed	Focus	Video	

Field	of	View: 130°	

Transmission	Band: 5.8GHz	

Video	Transmission	Distance/Range	FCC	Compliance:	Up	to	600m	(1968.5	ft)	

CE	Compliance:	Up	to	300m	(984.252	ft)	with	ST10	
UAS	are	often	seen	as	superior	to	manned	helicopters	due	to	the	smaller	size	and	lower	

costs,	reduced	noise	and	as	such,	a	much	smaller	environmental	and	safety	impact.	The	

petitioner	requests	exemption	to	operate	a	Yuneec,	Q500	Typhoon	equipped	with	a	

three-axis	CGO2	Gimbal	and	Camera,	both	products	of	Yuneec.	This	sUAS	has	a	preprogrammed	limit	for	the	altitude	above	ground	level	at	400	feet	and	a	Geo	fence	while	

in	Smart	Mode	with	a	distance	limit	of	300	feet	from the	controller.	These	limits	are	

preset	at	the	factory	and	will	be	kept	at	those	limits,	which	currently	comply	with	the	

AMA’s	and	FAA	requirement	for	Visual	Line	of	Sight	limitation	and	an	AGL	limitation.	The	

ground	station	is also	programmed	with	a	safety	feature	that	disables	motor	start	up	if	

within	Class	B,	and	C	airspace	boundaries.	The	Q500	also	has	the	failsafe-automated	

feature	of	return	to	home	in	the	event	that	communication	is	lost	between	the	ground	

station	and	the	aircraft.

Risk mitigation 

The	petitioner	has	reviewed	FAA	exemptions	reference’s	13	Conditions and Limitations 

section	and	believes	that	the	procedures	specified	therein	are	reasonable	and	will	be	

utilized	in	order	to	manage	and	mitigate	risk	and	ensure	public	safety.	A	preflight	

checklist	will	be	utilized	to	ensure	that	the	UA	airworthiness	will	be	verified	before	

launch.	Airworthiness	will	be	maintained	by	performance	of	routine	inspections	before	

each	flight,	maintaining	flight	and	maintenance	logs.	The	petitioner	request	that	in	a	

manner	similar	to	reference	4,	he	be	allowed	to	operate	within	5	miles	of	an	airport	

provided	that;	

“The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a 

nontowered airport as denoted on a current FAA published aeronautical chart unless a 

letter of agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. The letter 

of agreement with the airport management must be made available to the Administrator 

upon request.”	

Operations	within	5	miles	of	an	airport	are	not	anticipated	to	be	routine	but	the	

petitioner	is	requesting	a	mechanism	to	facilitate	such	activities	without	requesting	a	

new	and	separate	exemption(s)	should	the	need	arise.	Operations	within	class	B	

airspace	are	not	requested	due	to	the	lack	of	mode	C	transponder.	

Public interest 

Use	of	the	UAS	in	lieu	of	a	manned	aircraft	would	enhance	safety	and	reduce	the	

environmental	impact	as	compared	to	similar	operations	conducted	with	manned	

aircraft	of	greater	proportions,	carrying	a	crew	and	flammable	fuel.	Additionally,	use	of	

the	UAS	in	order	to	facilitate	commerce	could	lead	to	economic	growth.	Operations	for	

this	petition	will	enable	service	for	property	owners	or	their	designees	seeking	an	

enhanced	perspective	for	characteristics,	amenities,	and	benefits	of	their	desired	

photographic	subjects	that	cannot	be	displayed	through	ground	level	
videography/photography.	Aerial	photography	is	a	valuable	marketing	tool	that	can	lead	

to	increased	commerce	and	enhance	personal	photography.	Crop	surveying	applications	

could	lead	to	decreased	use	of	pesticides	and	fertilizer	and	conservation	of	water	as	well	

as	increased	crop	yields	and	decreased	costs.	Aerial	surveying	and	inspections	can	

increase	work	site	efficiency,	improve	volumetric	estimations	and	reduce	risks.	The	

petitioner	will	provide	clients	with	photographic	data	for	these	purposes	on	a	‘for	hire’	

basis, acting	as	an	independent	contractor.	A	visual	observer	will	be	utilized.	Liability	

insurance	will	be	maintained.	Flight	data	including	UAS	flight	time,	incident,	accident,	

and	details	concerning	any	deviations	from	normal	operations	will	be	available	to	FAA	

for	use	in	collecting	data	regarding	the	use	of	UAS	as	part	of	this	application.	This	data	

may	be	submitted	to	FAA	if	requested.	

Conclusion 

The	petitioner	is	requesting	this	exemption	for	the	purposes	of	aerial	photography,	

cinematography,	photogrammetry,	mapping,	crop	surveying,	inspections	and	other	

flight	operations.	The	petitioner's	business	model	is	based	on	the	idea	of	offering	

information	processing	and	management	solutions	which	are	enhanced	by	utilization of	

UAV	systems.	The	petitioner’s	market	research	shows	pent	up	demand	for	these	

services	currently	exists	in	the	mining,	stockpile	management,	right-of-way	

management,	agriculture	and	new	markets	that	are	emerging.	The	primary	purpose	of	

seeking	this	exemption	is	to	expand	the	business	capability	to	offer	the	above	services	

while	remaining	in	compliance.	The	petitioner	has	over	80 hours	of	total	logged	flight	

time including	fixed	wing,	rotor	craft,	light	sport	powered	parachute,	over	20	years	

experience	in general aviation	and	holds	a	Sport Pilot	airman	certificate as	well	as	an	

Airframe	and	Powerplant	license.	

Respectfully	submitted,	

Forrest	Hurst

hurstaviation@gmail.com

(618)	407-4792