### PETITI ON FOR EXEMPTI ON TITLE 14, CODE OF FEDERALREGULATIONS

**Petitioner** : John F. Riley

P.O. Box 588 Blue Hill, ME 04614

- 0588
jfsriley@gmail.com
**Exemption from Sections of 14 CFR** : part 21; §§ 45.23(b); 61.1 13 (a) and (b); 91.9(b)(2); 91.103; 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).

**Extant of relief**: Petitioner desires exemption from the above named regulations for the purpose of cond ucting commercial aerial videography using Unmanned Aerial Sy stems (UAS) with Global Positioning System (GPS) control and stabilization

. **The petitioner supports its request with the following information:** The petitioner provides the following information : 1. Unmanned Aircraft S yst em s (UAS) ; 2. UAS Pilot in Command (PIC) Requirements; 3. UAS Operatin g P arameters ; 4. Public Interest and Safety ; 5. Summary

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**1. Unmanned Aircraft System:**  The UAS proposed for use by the petitioner are airframes provided by Aeronavics.com (Aeronavics) and DJI.com (DJI), used in conjunction with DJI hardware/ software controllers, data signal processing , and GPS stabilization and navigation electronics

. Radio Control (RC) transmitters , propellers , electric motors, and batteries are provided by various manufacturers worldwide. Aeronavics is located 

### at 226 Okete Road , Raglan, 3295 Waikato , New Zealand ; and DJ I ( 

### Da

Jiang Innovations Science and Technology Co. Ltd. ) is located at 

### , Shenzhen, Guangdong P rovince, China . Please be advised that most Unmanned Aerial Systems (UAS) are modular (plug

- in and replaceable parts that are commonly used in UAS) , and that D JI hardware/ software for controller s , data links , and GPS navigation are the most co mmonly used programmable electronics for navigation and control in UAS usage. T he sy stems have the size, weight, speed, and limited operating area associated with the aircraft to be utilized by

the applicant, an exemption from 14 CFR part 21 § 91.203 (Airworthiness Certificates), subject to certain con ditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of the FAA Modernization and Re form Act of 2012 (PL 112

- 95). If these UAS are operated without an airworthiness certific ate in the restricted environment and under the conditions and limitations proposed by the petitioner it will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations. The UAS to b e operated under this request are less than 55 lbs (20 lbs. or less typically) fully loaded, fl yi ng at speed s o f no more than 50 knots, carrying neithe r a pilo t nor passenger (part 21 § 61.113) , carrying no explosive materials or flammable liquid fuels, and operates exclusively within a secured

area . In addition, the UAS have integrated safety features built into the design of the UAS, asdescribed in the UAS operating parameters , to ensure the safety of persons and property within and

surrounding the limit ed operating area. In the event the UAS loses communications, its GPS signal , or reaches 15 % battery power , the UA S will have the capability to automatically return to the takeoff/PIC location within the limited operating area . S oftware for the controller could be coded for use by a particular unit so as to prevent interference or hijacking (part 21 § 91.109) . Controllers also have the capability to abort a fl ight in the event of unpredicted obstacles or emergencies. Distance from the PIC can be limited with DJI UAS software and the flights can be contained in the restricted secure flight areas, as well as preventing flights in restricted areas such as class B airspaces. UAS have been proven to have stable flight under severe gusty wind conditions (up to 40 knots). Wind shear accidents can be of minimal impact when using a UAS with low mass and s oft propellers such as UAS , though through diligent weather planning, avoidance is the best course. The UAS will have no airworthiness certificate, an d an exemption may be needed from 14 CFR § 45.23 as the UA S will have no entrance to the cabin, cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the UA S, the two

- inch lettering will be impossibl e. An equivalent level of s afety will be provided by the UA S having flashing lights to draw attention to their operation. T he maintenance requirements in the pertinent sections of 14 CFR , part 91 are only applicable to aircraft with an airworthiness certifi cate in accordance with part 43, therefore the petitioner has developed an as needed maintenance process for the UAS affected by this exemption. The pe titioner intends to follow any manufacturers’ recommended instructions and procedures when those maintenance procedures exist for certain co mponents of its UAS (§ 91.9, 91.405, 91.407, 91.417)

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**2. UAS**  **Pilot In Command (PIC) Requirements**  The petitioner has a commercial pilot’s certificate and h as experience in manned aircraft photo reconnaissance and videography. The p etitioner a sserts that safe flying of UAS will be enhanced by using a PIC that has a pilot’s certificate and is well versed in commercial flight procedures. It is hoped that any fe ars for commercial aircraft safety can be assuaged by the use of a commercially rated UAS pilots. Though some have said knowledg e of airspace regulations and dexterity in the control and operation of the UAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety, another layer of safety in flying UAS comes with the fact that a commercially rated pilot would be especially safe since that pilot could lose their privileges in flying manne d aircraft

. Any PIC incapacitation during operations will be addressed by loss of communication time out software and automatic navigation return to base/takeoff point activation. The petitioner believes a current medical certificate of any class would be adequate for the safe flying of UAS . This would allow the continuation of a pilot’s career beyond the 65 year old age limit. The petitioner has over a year experience flying UAS and the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre

- approved airspace. The petitioner has further experience in the motion picture industry with training in use of Panavision cameras. The petitioner has further experience working with his son who works as a television production director. They have worked together with the latest video equipment and software. T he petitioner has made a ‘not for profit’ documentary using UAS under the guidance of FAA UAS advisories and rules and calling attention to such operations to the local Flight Standards District Office (FSDO) of the FAA

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**3. UAS Operating Parameters**  The aircraft will be operated within a secure environment, which no one will be allowed to enter unless they

are part of the production, have bee n fully briefed of the risks prior to operation of the UAS, and have consented to the risks associated with being in the operating area. Should there be amishap, the UA S being flown pose significantly l ess of a threat than the helicopters and fixed wing

a ircraft now being employed because they are a fraction of the size, carry no flammable fuel, and do not carry c rew or passengers. From experience, this is in contrast to conventional aircraft that are flown to the site, carry flammable fuel, carry passengers and crew, and operate in a much larger area.

The UAS batteries are self monitored for safe usage, overheating, and return to starting point when discharged to 30 %, and are limited to how many times they can be charged safely b efore proper disposal. Fli ght control software will be constantly updated as required and will provide feedback to the manufacturer for maintenance, design , and safety updating (§ 91.405, 91.407, 91.409, 91.417)

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**A** ll UAS flights will be operated within visual line of sight (VLOS) of a pilot and/or observer, and that the UA S flights will be limited to a maximum altitude of 400 feet AGL (§ 91.119) . The operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation, but this radius m ay be reduced to 30 feet based upon an equivalent level of safety determination, with the advance permission of the local Flight Standards District Office (FSDO) and any needed NOTAM publish in an adequate time period . The petitioner asserts that an equivalent level of safety

can be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. The UAS will be operated within a safe operating perimeter, the boundaries of which will be determined by production personnel and the UAS PIC based on the site

- specific filming activities and speed of the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable. With respect to preflight actions, the petitioner notes it may need an exemption from 14 CFR § 91.103, because it will not have approved rotorcraft flight manuals. The petitioner asserts that an equivalent level of safety will be achieved by the PIC taking all preflight actions as set by the manufacturer of the UAS and the pilot ’ s own operating safety procedures to comply with insurance requirements including reviewing weather, flight battery requirements, landing and takeoff distance clearances, adequate GPS signal acquisition, and aircraft performance data acquisition on the controller before initiation of flight (§ 91.7 and 91.103 will be adhered to ) . Additionally , the petitioner will require a briefing to be conducted prior to each day’s filming regarding planned UAS operations, and all personnel who will be performing duties within the boundaries of the safety perimeter will be required to attend. With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute reserve requirements in 14 CFR § 91.151, UAS flights would have to be limited to approximately zero minutes. The petitioner argues that, given the limitations on the UA’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. The petitioner believes that an equivalent level of safety can be achieved by

limi ting flights to 25 minutes or 30 % of battery power, whichever occurs first. Th e petitioner requests an exemption from 14 C FR § 91.121, as its UAS have GPS altitude readout s instead of a barometric altimeter. The petitioner asserts that an equivalent level of safety will be

ac hieved . Specifically, the altitude information will be provided to the UAS PIC via a digitally encoded telemetric data fe ed. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC. The PIC will monitor air traffic when needed through an FCC approved portable transceiver and headset/ microphone combination capable of c ommunication with control towers and manned aircraft in the vicinity of the operations area (only certified pilots would be allowed to do so)

.**4. Public Interest**  **and Safety**

G iven the small size of the UA S involved and the restricted secure environment within which it will operate , its proposed operation falls within that zone of safety in which Congress envisioned that the FAA must, by

exemption, allow this commercial operation of UAS to commence immediately

. Also , due to the size of the UA S and the re stricted areas in which the UAS will operate, approval of the application presents no national security issue. UAS sy stems the petitioner will use can be programmed in multiple ways to provide security and safety. The petitioner points out that given the

c lear direction in Section 333, the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety , reduction in environmental impacts, and including reduced emissions associated with all owing UAS for movie and television operations, granting the requested exemptions is in the public interest

. The petitioner’s use of UAS for documentary or educational videography will add to the public’s knowledge base , allow for the public to experience video views of points of interest heretofore not available, and further constitutional rights to free speech. If privacy issues are to be addressed, it is the petitioner’s opinion that UAS operations are exceedingly

less invasive than cell phone cameras with internet capabilities or satellite photometry. It is the petitioner’s experience that birds tend to stay away from UAS operations and that in conventional manned aircraft that is not the case. This furthers less environmental damage such as bird strikes and aircraft accidents. In certain public areas the petitioner has seen kite flying allowed that is inherently less controllable and as dangerous, if not more so, than UAS operations.

**5. Summary** The petitioner requests an exemption for himself, John F. Riley , from Title 14, Code of Federal Rules pertaining to the safe, commercial usage of unmanned aerial sy stems (UAS ) in controlled secured video production areas. 

### Ex emption from Sections of 14 CFR : part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 91 .103; 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) are requested. The petitioner supports his request with the following information 1. Unmanned Aircraft System s (UAS); this section desc ribes the UAS maximum capabilities and the failsafe and abort safety mechanisms that are programmed into the UAS ; 2. UAS Pilot In Command (PIC) Requirements ; this section describes the pilot asking for the exemptions and his experience and knowledge base, description of safe flight duties and preparation, and comments on how UAS PIC should be commercially rated pilots of any age and with any medical certificate class and how this would provide better security and safety in any UAS operation; 3. UAS Operatin g Parameters ; this section describes the operating procedures that will be carried out to meet regulations and provide safety in operations, secure environment, and procedures when working with the local FSDO and local government authorities; 4. Public Int erest and Safety ; this section addresses some of the advantages of UAS operations , especially the advantage for the public being privy

to the exceptional views UAS videos provide.