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March	20,	2016

Patrick	Ward

GreenLeaf	Solutions

P.O.	Box	1757

Snoqualmie,	WA		98065

Email:	patrickward@yahoo.com

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Exemption	Request	Section	333	of	the	FAA	Reform	Act	of	2012	– Safety	

Information	Addendum	to	Docket	FAA-2015-6331

The	information	included	below	is	in	addition	to	the	information	provided	on	

September	2,	2015	in	Docket	FAA-2015-6331.		This	additional	information	details	

why	the	exception	would	not	adversely	affect	safety,	and	describes	how	the	

proposed	exemption	would	provide	a	level	of	safety	equal	to	or	greater	than	the	

rules	for	which	I	am	seeking	exemption.

Addendum A	– Equivalent	Level	of	Safety

The	operation	limitations	proposed	for	an	equivalent	or	higher	level	of	safety	

because	operations	will	further	enhance	the	safety	of	the	persons	and/or	property	

than	if	using	conventional	aircraft.	These	limitations	and	conditions	to	which	the	

applicant	agrees	to	adhere	to	when	conducting	commercial	operations	under	the	

FAA	issued	exemption	include:

• The	UAS	will	weigh	less	than	55	lbs.

• The	UAS	will	have	a	maximum	operating	speed	of	no	more	than	50mph.

• Flights	will	be	operated	within	line-of-sight	of	the	Pilot	in	Command	(PIC)	

and/or	Visual	Observer	(VO).

• Maximum	flight	time	for	each	operational	flight	will	be	30	minutes.		Flights	

will	be	terminated	at	25%	battery	power	reserve	or	30	minutes	of	flight	time	

- whichever	occurs	first.

• Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	Above	Ground	

Level	(AGL).

• Minimum	crew	for	each	flight	will	consist	of	the	UAS	Pilot	and	the	Visual	

Observer.

• The	UAS	pilot	will	be	a	designated	Pilot	in	Command	and	hold	a	Private,	

Recreational	or	Sport	Pilot’s	License	along	with	a	Third	or	higher	Class	

Medical	Certificate,	or	state	issued	driver’s	license	if	the	PIC	holds	a	Sport	

Pilot	License.	
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• A	briefing	will	be	performed	regarding	the	planned	UAS	operations	prior	to	

each	day’s	flight	consisting	of	all	the	days’	production	activities.

• All	flights	will	occur	under	Visual	Flight	Rules	Meteorological	Conditions	

(VMC)	only.

• The	flights	will	occur	no	closer	than	a	5	mile	radius	of	the	geographic	

center/Airport	Reference	Point	(ARP)	of	a	tower	controlled	or	uncontrolled	

airport	without	prior	communication	with	the	airport	and	control	tower	

before	flying.

• The	operator	will	obtain	verbal/written	consent	of	all	persons	involved	with	

the	planned	operation	and	ensure	that	only	consenting	persons	will	be	

allowed	within	100	feet	of	the	flight	operation,	and	the	radius	may	be	

reduced	to	30	feet	based	upon	an	equivalent	level	of	safety	determination.	

With	the	advanced	permission	of	the	FSDO,	operations	at	closer	range	may	

be	approved.

• The	PIC	and	VO	will	have	been	trained	in	operation	of	UAS	and	receive	up-todate	information	for	the	particular	UAS	to	be	operated.

• The	PIC	and	VO	will	be	able	to	communicate	by	voice,	radio,	and/or	text	at	all	

times.

• If	the	UAS	loses	communications	with	the	remote	controller	or	loses	GPS	

signal,	the	UAS	will	have	the	capability	to	return	to	a	pre-determined	location	

within	a	designated	location	and	land	autonomously.

• The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	

obstacles,	weather,	or	emergencies.

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203	(a)	

(1)

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	

requirements	for	the	issuance	of	airworthiness	certificates	as	required	by	FAR	

§91.203	(a)	(1).	 Given	the	size	and	limited	operating	area	associated	with	the	

aircraft	to	be	utilized	by	the	Applicant,	an	exemption	from	Part	21	Subpart	H	meets	

the	requirements	of	an	equivalent	level	of	safety	under	Part	11	and	Section	333	of	

the	Reform	Act.	 The	Federal Aviation	Act	(49	U.S.C.§44701	(f))	and	Section	333	of	

the	Reform	Act	both	authorize	the	FAA	to	exempt	aircraft	from	the	requirement	for	

an	airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed,	

operational	capability,	and	proximity	to	airports	and	populated	areas	of	the	

particular	UAS.	 In	all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	UAS

operated	without	an	airworthiness	certificate,	in	the	restricted	environment	and	

under	the	conditions	proposed	will	be	at	least	as	safe,	or	safer,	than	a	conventional	

aircraft	(fixed	wing	or	rotorcraft)	operating	with	an	airworthiness	certificate	

without	the	restrictions	and	conditions	proposed.

The	UAS	to	be	operated	is	less	than	55	lbs.	fully	loaded,	carries	neither	a	pilot	nor	

passenger,	carries	no	explosive	materials	or	flammable	liquid	fuels,	and	operates	

exclusively	within	a	secured	and	designated	area.	Unlike	other	civil	aircraft,	

operations	under	this	exemption	will	be	tightly	controlled	and	monitored	by	both	
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the	operator	and	under	the	requirements	and	in	compliance	with	local	public	safety	

requirements.	These	safety	enhancements	provide	a	greater	degree	of	safety	to	the	

public	and	property	owners	than	conventional	operations	conducted	with	

airworthiness	certificates	issued	under 14	C.F.R.	Part	21,	Subpart	H.	Additionally,	

application	of	these	same	criteria	demonstrates	that	there	is	no	credible	threat	to	

national	security	posed	by	the	UAS due	to	its	size,	speed	of	operation,	location	of	

operation,	lack	of	explosive	materials	or	flammable	liquid	fuels,	and	inability	to	

carry	a	substantial	external	load.

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

Command.

Sections	61.113	(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	Because	

the	UAS	will	not	carry	a	pilot	or	passengers,	the	proposed	operations	can	achieve	

the	equivalent	level	of	safety	of	current	operations	by	requiring	the	PIC	operating	

the	aircraft	to	have	a	private	pilot’s	license	rather	than	a	commercial	pilot’s	license	

to	operate	this	small	UAS.	 Unlike	a	conventional	aircraft	that	carries	the	pilot	and	

passengers,	the	sUAS	is	remotely	controlled	with	no	living	thing	on	board.	 The	area	

of	operation	is	controlled	and	restricted,	and	all	flights	are	planned	and	coordinated	

in	advance	as	set	forth	in	the	Manual.	 The	level	of	safety	provided	by	the	

requirements	included	in	the	Manual	exceeds	that	provided	by	a	single	individual	

holding	a	commercial	pilot’s	certificate	operating	a	conventional	aircraft.	 The	risks	

associated	with	the	operation	of	the	sUAS	are	so	diminished	from	the	level	of	risk	

associated	with	commercial	operations	contemplated	by	Part	61	when	drafted,	that	

allowing	operations	of	the	sUAS	as	requested	with	a	private	pilot	as	the	PIC	exceeds	

the	present	level	of	safety	achieved	by	14	C.F.R.	§61.113	(a)	&	(b).

14	C.F.R.	§91.119:	Minimum	safe	altitudes

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	 Section	

91.119	(d)	allows	helicopters	to	be	operated	at	less	than	the	minimums	prescribed,

provided	the	person	operating	the	helicopter	complies	with	any	route	or	altitudes	

prescribed	for	helicopters	by	the	FAA.	 As	this	exemption	is	for	a	sUAS	that	is	a	

helicopter	and	the	exemption	requests	authority	to	operate	at	altitudes	up	to	400	

AGL,	an	exemption	may	be	needed	to	allow	such	operations.	 As	set	forth	herein	the	

UAS	will	never	operate	at	higher	than	400	AGL.	It	will	however	be	operated	in	a	

restricted	area	with	security	perimeter,	where	buildings	and	people	will	not	be	

exposed	to	operations	without	their	pre-obtained	consent.

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the	

UAS	as	well	as	the	location	where	it	is	operated.	No	flight	will	be	taken	without	the	

permission	of	the	property	owner	or	local	officials.	Because	of	the	advance	notice	to	

the	property	owner	and	participants	in	the	filming	activity,	all	affected	individuals	

will	be	aware	of	the	planned	flight	operations.	 Compared	to	flight	operations	with	

aircraft	or	rotorcraft	weighting	far	more	than	the	maximum	55lbs.	proposed	herein	

and	the	lack	of	flammable	fuel,	any	risk	associated	with	these	operations	is	far	less	
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than	those	presently	presented	with	conventional	aircraft	operating	at	or	below	500	

AGL	in	the	movie	industry.	 In	addition,	the	low-altitude	operations	of	the	sUAS	will	

ensure	separation	between	these	small- UAS	operations	and	the	operations	of	

conventional	aircraft	that	must	comply	with	Section	91.119.

14	C.F.R.	§91.121	Altimeter	Settings

This	regulation	requires	each	person	operating	an	aircraft	to	maintain	cruising	

altitude	by	reference	to	an	altimeter	that	is	set	“...to	the	elevation	of	the	departure	

airport	or	an	appropriate	altimeter	setting	available	before	departure.”	 As	the	sUAS	

may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	

exemption	may	be	needed.	 An	equivalent	level	of	safety	will	be	achieved	by	the	

operator,	pursuant	to	the	Manual	and	Safety	Check	list,	confirming	the	altitude	of	

the	launch	site	shown	on	the	GPS	altitude	indicator	before	flight.

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

Section	91.151	(a)	prohibits	an	individual	from	beginning	“a	flight	in	an	airplane	

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	– (1)	During	the	day,	to	fly	after	that	for	at	least	30	minutes;	

or	(2)	At	night,	to	fly	after	that	for	at	least	45	minutes.”

The	battery	powering	the	sUAS	provides	approximately	30	minutes	of	powered	

flight.	To	meet	the	30	minute	reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	

would	be	extremely	short	in	length.	 Given	the	limitations	on	the	UAS’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.

Applicant	believes	that	an	exemption	from	14	CFR	§91.151(a)	falls	within	the	scope	

of	prior	exemptions.	Operating	the	small	UAS with	less	than	30	minutes	of	reserve	

fuel	in	a	tightly	controlled	area	(where	only	people	and	property	owners	or	official	

representatives	who	have	given	prior	consent	will	be	allowed)	does	not	engender	

the	type	of	risks	that	Section	91.151(a)	was	intended	to	alleviate	given	the	size	and	

speed	of	the	small	UAS.	

Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	limiting	

flights	to	30	minutes	or	25%	of	battery	power	whichever	happens	first.	This	

restriction	would	be	more than	adequate	to	return	the	sUAS	to	its	planned	landing	

zone	from	anywhere	in	its	limited	operating	area.

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

Inspections

These	regulations	require	that	an	aircraft	operator	or	owner	“shall	have	that	aircraft	

inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	between	required	
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inspections,	except	as	provided	in	paragraph	(c)	of	this	section,	have	discrepancies	

repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	others	shall	inspect	or	

maintain	the	aircraft	in	compliance	with	Part	43.

Given	that	these	sections and	Part	43	apply	only	to	aircraft	with	an	airworthiness	

certificate,	these	sections	will	not	apply	to	the	applicant.	 An	equivalent	level	of	

safety	will	be	achieved	because	maintenance	and	inspections	will	be	performed	in	

accordance	with	the	UAS	Manufacturer's	User	Manual.		Additionally,	the	UAS	is	very	

limited	in	size	and	will	carry	a	small	payload	and	operate	only	in	restricted	areas	for	

a	limited	period	of	time. If	mechanical	issues	arise	the	UAS	can	land	immediately	

and	will	be	operating	from	no	higher	than	400	feet	AGL.	 The	operator	will	ensure	

that	the	UAS	is	in	working	order	prior	to	initiating	flight,	perform	required	

maintenance,	and	keep	a	log	of	any	maintenance	performed.		 Moreover,	the	

operator	is	the	person	most	familiar	with	the	aircraft	and	best	suited	to	maintain	the	

aircraft	in an	airworthy	condition	to	provide	the	equivalent	level	of	safety.