James R. Lyons

S&J Photography LLC.

PO Box 714 Burlington, WA. 98233

308

- 661

- 1482

September 1 1 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Administrators,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, James R . Lyons dba S&J Photography LLC , a private pilot, Professional Fir efighter EMT, fourth generation farmer

, and sUAS owner, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) listed in section 2 to allow commercial operation of the small Unmanned Aircraft Systems (sUAS) listed below within the Continental United States (CONUS) so long as operations are

conducted under the limitations outlined herein or as may be established by the FAA as required by

section 333.

The requested ex emptions would authorize commercial operations for precision agriculture, real estate photography/ videography , structural inspections, and aerial photography /videography that could be performed more safely within the U.S. National air space than with the use of manned aircraft . The approval of this request will, in part, allow improved predictive indicators of crop stress to assist production design, predictive crop yields, overall water use reduction, pest control, nutritional input management, repair as sessment of structural systems, and beneficial usage from general photography. Operations will be performed only on owned property or with the authorization and permission of other property owners or their authorized agents.

Given the small size, weight, speed, and limited operating area of the sUAS involved, and the remote and restricted environment within which they will operate, approval of the application presents no national security issue. Due to the reduce environmental impact from several aspects and the strong level of safety surrounding the proposed operations associated with allowing sUAS for commercial operations, it

can be assured that granting these requested exemptions is in the public interest (see section 4 below).

The limitations outlined in this request, provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to employees, ground personnel, or pilot and cre w operations that would otherwise be conducted with conventional aircraft, and because of the very high level of safety standards outlined in the operating conditions below (see section 5 below).



### Therefore, the applicant respectfully requests that FAA grant the requested exemption without delay.

## Table of Contents

Operating Conditions..................

............... .................................... ........... ...............2

sUAS Description..........................................

................ ........................... ........... .....3

Name and address of applicant......................................

........ ........................ ............ 4

Section of 14 CFR from which and exemption is being requested.............

... ........... .......4

T he extent of relief being sought and the reason for the relief .........

... ........... . ...............5

How this request would benefit the public as a whole .......

..... ...... ..... .................. ...... ...5

Reasons why granting this exemption would not adversely affect safety ...

........... ... . ......5

Federal Registry summary .................................

........... ..................... ......... ..............6

Appendix A .................................................................

........... .................. ........... ....7

Operating Conditions:

Grant of the exemption would be subject to the following operating conditions and operated in

the rural North West Washington area in accordance with conditions set forth by the Academy

of Model Aeronautics and by a Pilot In Command (PIC) who:

 Maintains a minimum Private Pilot certificate operating the sUAS with the kno wledge of regulations as they pertain to safety and airspace restrictions afforded by this privilege.

 Has a valid driver’s license.

 Completed the manufacturer provided training program.

 Maintains visual line of sight of the aircraft throughout its op eratio n by unaided human

vision other than corrective lenses as specified on the FAA airmen medical certificate.

 Ensures the flight would be discontinued if a hazard to other aircraft, people, or property

existed.

 Assesses weather conditions, airspace restrictio ns, and location of people to lessen

risks if accidental loss of control should occur. Potential landing areas in the event of an emergency would be identified.

 Ensures flight would not occur over people except those directly responsible for the flight.

 En sures flights would be limited to 400 feet altitude.

 All flights will be operated during daytime VFR conditions.

 Ensures flights would remain out of airport flight paths and rest ricted airspace areas, and obey FAA Temporary Flight Restrictions (TFR’s).

 Ens ures no objects will be dropped from the sUAS.

 Performs pre

- flight safety inspections according to the manufacturer including

verification of communications links.

 Maintains the sUAS in optimal condition according to manufacturer recommendations

and continual upkeep of wear or damaged components. Performs a functional flight test prior to conducting further operations under this

exemption whenever critical flight components have been replaced that would affect the sUAS operation or flight characteristics. Flight tests would remain at least 500 feet from other persons and be conducted in such a manner so as not to impose an undue hazard to persons and property.

 Utilizes a Visual Observer (VO) in order to identify other aircraft and objects i n the airspace during the flight so that the sUAS will be the first to maneuver away.

 Ensure operations conducted within five miles from an airport shall only be initiated

when the following conditions are met:

o Airport is not a medium or large airport.

o Coo rdination with the airport authority, or air traffic control when a control tower is
present.

o Airport UNICOM frequency when applicable is monitored and flight intentions are

communicated.

o Flight maneuvers will be initiated to remain clear of traffic as vis ually observed or

when communicated on the UNICOM frequency by the pilot or control tower.

 Will not operate the sUAS from any moving device or vehicle.

 The sUAS will be operated at speeds under 40 knots.

 The sUAS will not be operated in winds exceeding 25 knots and consistent with any

manufacturer recommendations.

 Flight time will be limited in duration to ensure that no less than 10% battery power remains upon landing.

 Verifies that if the sUAS loses communications or loses its GPS signal, it can return to a

pre

- determined location and land within the private or controlled

- access property.

 All operations shall comply with required permissions and permits established by territorial, state, county, or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies.

sUAS Description: The following sUAS aircraft are being requested for approval with this petition.

A) DJI inspire 1 : F eatures of the DJI inspire 1 include:

 Based on the highly successful consumer grade Phantom line of DJI quadcopters.

 Battery powered quad rotor unmanned aircraft and handheld ground control station.

 Maximum diameter of less than 24 inches.

 Take

- off weight of approximately 6.8 pounds.

 It has fail safe modes of operation for either lo ss of RC or GPS signal.

 Automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state.

 Limited range governed by the battery for an approximate 18 minute operational time.

 Load carrying capacity limited to a single sensor approximate to the size of a consumer point

- and

- shoot camera

 Maximum speed less than 30 knots.

 Internal inertial measuring unit (IMU) with integrated b arometric sensor augmented with global positioning system (GPS) to maintain geospatial o rientation and position.

 Telemetry information is transmitted back to a ground control station allowing the PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC. Altitude can be limited by the onboard flight controller and m aximum altitude can be

preprogrammed by the PIC.

1) Name and Address of Applicant is:

James R. Lyons

, dba S&J Photography LLC.

PO BOX 714 Burlington

, WA

. 98233

Phone: 360

- 661

- 1482

2) Section of 14 CFR from which and exemption is being requested:

a. Exemption of the following sections of 14 CFR are be requested.

• 14 C.F.R. 21 Certification Procedures for Products and Parts

• 14 C.F.R. 61.113(a) Private Pilot privileges and limitations

• 14 C.F.R. 91.7(a) Civil Aircraft Airworthiness

• 14 C.F.R. 91.119(c) Minimum safe altitudes

• 14 C.F.R. 91.121 Altimeter settings

• 14 C.F.R. 91.151(a)(1) Fuel requirements for VFR flight

• 14 C.F.R. 91.405(a) Maintenance Required

• 14 C.F.R. 91.407(a)(1) Operation after Maintenance, Rebuilding, or Alt ercation.

• 14 C.F.R. 91.409(a)(1)&(2) Inspections

• 14 C.F.R. 91.417(a)&(b) Maintenance records

3) The extent of relief being sought and the reason for the relief:

a. See Appendix A

4) How this request would benefit the public as a whole:

a. Utilizing sUAS in the agricultural industry for precision surveys, real estate photography

/ V ideography

, S tructural ins p ections, and aerial photograph/ V ideography

, is in the public interest because it provides timely access to large amounts of survey data via environm entally friendly means. This

enables growers to improve the productivity of the crop by more accurately identifying and correcting crop stress factors. In many cases, crop nutrients can be reduced in areas determined to already be healthy.

Alternatives to utilizing sUAS technology erodes the competitiveness of the US food supply simply due to its reduced efficiency, increased cost, and lack of data precision. These alternatives might include satellite imagery which is less competitive and is not often available in the instantaneous time frames needed to detect and react to crop health issues. Manned aerial survey is another alternative which employs the use of full size aircraft. While the results can be similar, the process comes at a higher cost and a more time consuming process.

This process is less able to operate safely close to the ground where higher

resolution detail is needed. Additionally, the proposed sUAS operate off of stored electric energy, reducing the e nvironmental impact from engine emi ssions and

hazards associated with stored onboard fuel in the aircraft. A third alternative includes ground scouting analysis which involves personnel visually inspecting crops for health and yield. This process is very limited by the amount of area apers on can cover on foot over a period of time

– again reducing the value and increasing the cost of the results as compared to sUAS technology.

In summary, approval of this exemption for commercial operations is in the best public interest by:

- Helping to kee p the US food supply competitive through increased efficiency and

reduced cost.

- Reduced environmental impact from the reduction in emissions that are traditionally created from manned flights performing the same task.

- Reduced environmental impact from the reduction of fertilizer requirements through precise identification of areas that may not require applications when compared to surrounding areas which do.

- Improved safety of the general public when compared to the hazards associated equivalent manned flig hts at low altitudes.

5) Reasons why granting this exemption would not adversely affect safety and how the exemption would provide a level of safety at least equal to the existing rule.

a. The proposed operations outlined in this petition would not adversely affect safety and

will p rovide a greater level of safety than the existing rule for the following key reasons:

i. The sUAS would be operated by a certificated pilot with current medical who utilizes

the knowledge of airspace regulations and flight s afety to ensure the operation of

sUAS is consistent with these requirements and the safety of fellow pilots of manned

aircraft.

ii. The operation of small battery powered sUAS, weighing less than ten pounds, flying

at speeds less than 40 knots, and conducted i n the strict conditions outlined in the Operating Conditions listed above, will provide a higher level of safety than existing rule utilizing manned aircraft and that of the currently proposed rules for small unmanned aircraft systems. Conventional operati ons conducted with manned aircraft have elevated risks for the following reasons:

1. Operations are in large aircraft carrying large amounts of fuel and operating at extremely low altitudes while in close proximity to people, animals, and structures. The oppo rtunity for emergency landings in event of aircraft failure are limited because of these operating conditions and therefore put the public in danger.

2. Manned aircraft equipped for the operations requested in this exemption have a flight crew on board to ope rate the imaging equipment. The aircraft, pilot, and crew must travel from an airport to the target area, fly multiple passes across the surveillance area, and return to the airport. These flights must pass over many property owners to achieve their object ive. This exposes both flight crew and ground personnel to noise, emissions, and safety risks associated with such operations. In summary, the sUAS proposed in this exemption are battery powered, small, lightweight, hand carried to the surveillance sight ( not flown), and operated by a certificated pilot. These safety enhancements virtually eliminate the risks outlined above and provide for a level of safety better than the existing rule.6) Federal Registry Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the

Federal Register, should the FAA determine that publication is needed:

Docket No.: ________________

Petitioner: James R. Lyons dba S&J Photography LLC.

Sections of 14 CFR: 14 C.F.R. 21, 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1)&(2), 14 C.F.R. 91.417(a)&(b)

Description of Relief Sought: James R. Lyons, dba S&J Photography LLC , is seeking an exemption pursuant to 14 CFR and Section 333 of the FAA Modernization and Reform Act of 2012. The exemption will permit safe operation of the above name sUAS commercially for the purpose of conducting precision agriculture operations, r eal estate surveillance, structural inspections, and aerial photography that could be performed more safely within the U.S. National air space than with the use of manned aircraft.

Based upon the foregoing, James R. Lyons dba S&J Photography LLC. , reques ts that the FAA grant the necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. §44701(f) of the Federal Aviation Act as requested herein to allow commercial operations within

the continental United States.

Submitted on September 1 1, 2015

Respectfully submitted,

James R. Lyons , dba S&J Photography LLC.APPENDIX A: The Extent of the Relief being Sought and the Reason for the Relief

James R. Lyons dba S&J Photography LLC , requests an exemption from the regulations listed

in section 2 to the extent described below as well as any additional regulations that may technically apply to the operation of the aircraft:

14 C.F.R. Part 21, Subpart H: Certification Procedures fo r Products and Parts, Subpart H

– Airworthiness Certificates

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS, its weight, speed, opera tional capability, its proximity to airports and populated areas, and the operating conditions outlined in this petition, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act

both authorize the FAA to exempt aircraft from the requir ement for an airworthiness certificate, upon the consideration described herein.

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command

Section 61.113(a) limits private pilots to non

- commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and cargo, the sUAS in this petition are remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot i n command of any aircraft for compensation or hire. While airspace knowledge and requirements remain the same for both private and commercial pilots, and while sUAS do not present the safety hazards around non

airspace issues such as on

- board occupants, it is an equivalent level of safety for private pilots to serve as pilot of command of a sUAS for compensation or hire. Additionally, the sUAS in this petition have an autonomous navigation and control system with GPS guidance along with a high degree of pre

- programmed limitations to prevent the potential for operation outside of the airspace restrictions established. Automated controls enable safe, reliable operation, as well as advanced networking capabilities. As such, nearly all operati ons that would be traditionally handled by a commercial pilot are handled by the intelligent systems in the aircraft. Given the fact that there are no occupants or cargo in the aircraft and the fact that the safety features of

the sUAS are highly software controlled and monitored in r eal

- time with a specific flight

m anagement systems, it is proposed that pilot in command should not be required to hold a commercial pilot certification but rather be able to utilize the privileges of a private pilot

certificat e for commercial purposes of operating a sUAS.

Given these conditions and the size, speed, operational capabilities, and lack of combustible fuel, the risks associated with private pilot operations are diminished such that allowing operations set forth wo uld meet or exceed the current level of safety.

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commerc ial operation of the petitioned

sUAS without an airworthiness certificate, no standard will exist for airworthiness of theseaircraft. Given the successful track record of these aircraft combined with the fault monitoring

and other provision previously men tioned herein, an equivalent level of safety will be achieved by insuring compliance with the manufacturer’s manuals for maintenance, safety, and pre

- flight prior to each flight.

14 CFR § 91.119 (c): Minimum Safe Altitudes: General This regulation provides that over sparsely populated areas the aircraft cannot be operated

closer than 500 feet to any person, vessel, vehicle, or structure. Because flight operations for precision agriculture, real estate surveillance, structural inspections, and aerial photography are required to be performed at relatively low altitudes (below 400 feet) an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved because these aircraft will only fly over private property with the permis sion of the landowner and will not be operated in congested or populated areas. Despite flying at lower altitudes than more conventional manned aircraft, an equivalent level of safety will be achieved given the size, weight, speed, and material

with which the aircraft are built. Additionally the aircraft are not designed for transit but rather for limited flights for a specific purpose. Because of this inherent constraint, it is considered that the lowered minimum safe altitude will provide an improved or e quivalent level of safety compared to large aircraft with pilot, passenger, flammable fuel, and cargo transitioning across many miles to perform its duties.

14 CFR 91.121

– Altimeter settings

This section requires that each person operating an aircraft s hall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical

miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the

current reported altimeter setting of an appropriate available station;

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport

or an appropriate altimeter setting available before departure.

Due to the very limited area of operation afforded by line of sight operation and the low altitudes

with which these operations are targeted, the intent of this section does not affect the level of safety for sUAS operations To provide an equivalent level of safety, ground level reference altitudes are established in part by onboard GPS during the pre

- flight tests.

14 C.F.R. § 91.151 (a) (1): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day

- VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. Given that the flights of the proposed aircraft are much shorter in duration (less than 40 minutes), have a limited area of operation, and limited size, weight, and speed, an equivalent level of safety is achi eved through built in battery power monitoring provisions and the Operating Conditions outline in this petition. Those conditions coupled with the built in low battery “return to home” features and fail safe checks built into the aircraft will provide an e quivalent level of safety.14 C.F.R. § 91.405 (a): Maintenance Required

Maintenance of the petitioned sUAS is performed by the operator in accordance with the

instruction materials provided by the manufacturer and as provided during training as applicable. An equivalent level of safety can be achieved in lieu of the current rule when these instructions and training are followed and because the inherent properties of the aircraft which

include:

- Small size and mechanical simplicity due to small ele ctronic motors controlled by

highly refined electronic circuits as compared to conventional aircraft with large fuel propelled engines controlled by a complex series of mechanical systems and linkages requiring a high level of skill by the maintenance crew

.

- Lack of cargo, crew, or passengers.

- Very limited area of remote operation dictated by line of sight. As provided in the manuals and the operating conditions outlined in this exemption, the operator

will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. It is also recognized that the trained operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure and equivalent level of safety. Key elements of the aircraft are designed to be easily changed (i.e. propellers) by trained operators such that the aircraft is easily kept in an airworthy state.

14 CFR § 91.407 (a) (1): Operation a fter Maintenance, Pre ventive Maintenance, Rebuilding

or Altercations

This section applies only to aircraft with an airworthiness certificate, therefore these sections

would need exemption. The maintenance, preventative maintenance, rebuilding, and alterations will be performed by the operator pursuant to the manufacturer’s recommendations and the operating conditions outlined in this petition. The aircraft will be discrepancy free prior to initiating flight and will be grounded if mechanical issues are discovered. The operator will consult with the manufacture regarding any unresolved discrepancies until they have been restored back to factory standards. Additionally, the simplicity of the aircraft by design facilitates limited wear parts and ability for basic field maintenance. These aircraft attributes and

p rocedures will provide an equivalent level of safety.

14 CFR § 91.409 (a) (1) & (2): Inspections

This section applies only to aircraft with an airworthiness certificate, therefore these section s would need exemption. Pre

- flight and post

- flight inspections will be accomplished by the operator to the manufacturer’s recommendations and as outlined in the operating conditions. Any discrepancies discovered during inspections will be resolved before f urther flight. An equivalent level of safety is achieved because of these inspections and the limitations of the aircraft and flight which include: flights under 400 feet, small size, limited area of operation, and lack of cargo, crew, or passengers.

14 CFR § 91.417 (a) & (b): Maintenance Records

This section applies only to aircraft with an airworthiness certificate and therefore these sections

would need exemption. Maintenance will be accomplished by the operator pursuant to the

manufacturer’s recommendations and the operating conditions outlined in this petition. The operator will maintain records of maintenance performed. An equivalent level of safety will beachieved through the inspection and maintenance outlined above and by the records of

maintenance and repair that will be kept as outlined in this section.