Sept. 4 2 015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave.,SE Washing ton DC 20590

Troy Walker 12319 Fuller St. Spring Hill, Fl. 34608 (352) 587

- 1999 troywalker670@gmail.com

**Re: Exemption request pursuant to section 333 of the FAA Reform Act**

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To whom it may concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11. I, Troy Walker, owner of a (UAS),hereby applies for an exemption from the below listed Federal Aviation Regulations to allow for commercial operations so long as t he operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by section 333.

14 CFR Part 21 subpart H 14 CFR 45.23(b) 14 CFR 61.113(a) and (b) 14 CFR 91.7(a) 14 CFR 91.9(b) (2) 14 CFR 91 .103 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) and (b) 14 CFR 91.405(a) 14 CFR 91.407(a) (1) 14 CFR 91.409(a) (2) 14 CFR 91.417(a) and (b)The UAS will be used commercially for aerial photography, aerial videography, aerial cinematography,

aerial inspection, surveying, mapping, Search and rescue, and UAS training.

Approval of this exemption would allow for the safe and controlled operation o f an UAS. It is my mission to not only use my exemption in a responsible way but to also help the FAA intergrate UAS's into the NAS effectively. I am also a beta tester for the FAA's B4UFLY app and have been working hard to give as much feedback as possibl e.

* **14 CFR Part 21, Subpart H: Airworthiness Certificate 14 CFR 91.203(a) (1)**

Subpart H, entitled Airworthiness certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by 91.203(a) (1). G iven the size and limited operating area associated with the aircraft that will be used, 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 A viation Act (49 USC 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 size, weight, speed, operational capability, and proximity to airports and populated areas of the 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 safe, or safer, than conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot or passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other aircraft, operations under this exemption will be tightly controlled and monitored by both the op erator and under the requirements and in compliance with local public safety requirements.The FAA will have advance notice of all operations. The safety enhancements provide a greater degree of safety to the public and property owners than conv entional operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. also, application of the same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed, location of operation, lack of explosive materials, and inability to carry a substantial external load.

***** **1 4 CFR 45.23(b) Display of Marks** 

This section outlines regulations requiring specific locations and size of marks. I seek relie f from this because given the size of my UAS, and lack of cabin, cockpit, or pilot station, two inch lettering is not possible on such a small craft.

Instead of following this requirement, I will mark the UAS in lettering that is as large aspossible by placing N number registered with the FAA on its fuselage so that the PIC, VO,

or other observers will see the markings. this exemption will therefore not adversely affect safety or will provide a level of safety equal to the exist ing rule.

* **14 CFR 61.113(a) and (b) Private Pilot Privileges and limitations**

These sections limit private pilots and sport pilots to non commercial operations. because my UAS will not carry a pilot or a passenger, the proposed operations can a chieve the equivalent level of safety of current operations by requiring the PIC operating my UAS to have a private pilots or sports pilots license rather than a commercial pilots license to operate my UAS. Unlike a conventional aircraft that carries people, my UAS is remotely controlled with no people on board. The area of operations will be controlled and restricted, and all flights will be planned and coordinated in advance . The risks associated with the operation of my UAS are so diminished from the level of risk associated with commercial operations contemplated by 14 CFR Part 61 when drafted, that allowing operations of my UAS as rquested with a private pilo t or sport pilot as the PIC exceeds the present level of safety achieved by 14 CFR 61.113(a) and(b).

* **14 CFR 91.7(a) Airworthiness Certificate**

Prohibits the operation of an aircraft without an airworthiness certificate. As no such certific ate will be applicable in the form contemplated by the FARs, this regulation is inapplicable.

* **14 CFR 91.9(b) and (2) Aircraft Flight Manual**

Requires an aircraft flight manual in the aircraft. As there are no people, and given the size of the UAS, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the home base and having the manual in the pilots possession when operating.

* **14 CFR 91.121 altimeter settings**

This regula tion reguires each person operating an aircraft to maintain cruising altitude by referance to an altimeter. As the UAS does not have altimeter, but instead uses GPS, an exemption may be needed. An eguivalent level of safety will be achieved by th e operator, pusuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The UAS has vision positioning system as well which will also add to the safety and accuracy when flying at low levels or indoors.

* **14 CFR 91.103 Pre Flight Action**This regulation requires each PIC to take certain actions befor flight to insure the safety of

each flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. I will comply with the other applicable procedures and requirements stated in 91.103(a) and (b). Specifically, the PIC will take all action including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances befor initiating a flight. The PIC will also account for all relevant site specific conditions in thei r preflight procedures. Risks presented by sun glare will be mitigated by the PICs and VOs ability to see other air traffic and initiate a return to home
sequence.

* **14 CFR 91.109 Flight Instruction**

Section 91.103 provides that no person m ay operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have a fully functioning dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety provided by the fact that neither a pilot or passengers will be carried in the aircraft and by the size and speed of the aircraft.

***** **C FR 91.119 Minimum Safe Altitudes** 

This section establishes minimum safe altitudes for operation of civil aircraft. 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. Similarly, 91.119(c) provides that, over other tha n congested areas, no person may operate below an altitude of 500 AGL, except over open water or sparely populated areas. As this exemption is for a UAS that closely mirrors the flight characteristics of a helicopter, and the exemption request s authority to operate at altitudes no higher than 400 AGL, an exemption may be needed to allow such operations. The UAS will never operate at higher than 400 AGL, or beyond line of site of the PIC and VO, whichever is closer. It will, however, b e operated in a restricted area with individuals tasked with ensuring public safety, and where buildings and people will not be exposed to operations without t heir pre obtained consent and training. The equivalent level of safety will be achiev ed given the size, weight, and speed of the UAS as well as the restricted environments within which they will be operated. No flight will be taken without the permission of the property owner. Because of the advanced notice to the property own er and the participants in the UAS operation, all effected individuals will be aware of the planned flight operations. Compared to flight operation with manned aircraft or helicopters weighing far more than a UAS and lack of flammable fuel o n board, any risk associated with the Uas operations is far less than that presentlypresented by conventional aircraft operating at or below 500 feet AGL. In addition, the low

altitude operations of the UAS will ensure seperation between UAS oper ations and the operations of coventional aircraft that must comply with 91.119.

***** **C FR 91.151(a) Fuel Requirements for Flight in VFR Conditions** 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR cond itions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, 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 UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 91.1 51, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UASs proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. An exemption from 91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have sign ed waivers will be allowed, with less than 30 minutes of reserve fuel, 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. Additionally , limiting UAS flights to 10

m inutes would greatly reduce the utility for which the exemption will be granted. A n equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery life, whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing site from anywhere in its limited operating area.

***** **C FR 91.203(a) and (b) Carrying Civil Aircraft Certification and Registration** 

The UAS weighs less than 55 lbs. And is operated without an onboard pilot. as such, there is no ability or place to carry certification and registration documents or to display them on the UAS. an equivalent level of safety will be achieved by keeping these documents at the ground control point where the operator or PIC flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

***** **C FR 91.405(a) ; 407(a) (1); 409(a) (2); 417(a) (b) Maintanance Inspection** 

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 inspections, except as provided in paragraph (c) of this section, have discrepa ncies 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 section and part 43 apply only to aircraft with an airworthinesscertificate, th ese sections will not apply. Maintanance will be accomplished by the

operator pursuant to the flight manual and operating handbook. an equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited time period. 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 maintanance, and keep a log of any maintanance performed. Most importantly, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provid the equivalent level of safety. An equivalent level of safety wii be achieved because maintanance and inspections will be performed in accordance with the UAS manufacturers manual. As provided in the FOM, the operator will ensure that t he UAS is in working order prior to initiating flight and perform required maintanance needed.

**UAV Specifications**

The DJI Phantom 3 Advanced has a total weight of 2lbs. 13oz. The dimensions are 16in. by 16in. by 7.5in. Maximum speed is no more than 3 5 MPH. The UAV has the ability to hover and move along a vertical and horizontal plane simultaneously. The UAV has four motors, powered by a 4480mAh 4s LiPo Lithium Polymer battery. There are four props. The UAV will be controlled with the C3
remote contro ller with an operating frequency of 2.400GHz

- 2.483GHz. The live video feed will have an operating frequency of 2.4GHz ISM with maximum range of 1.2 miles. I will operate the UAS in line of sight within a closed off and predetermined area owned and/operated by the property owner.

**General Features**

* R eady to fly * 3 axis camera stabilization * P recision flight and stable hovering * G PS/GLONASS positioning & auto return home * O n screen real time flight parameters * H igh definition 1080p camera * C amera tilt control * F ilm straight down * S upports Adobe DNG RAW * A dobe lens profile support * C amera parameter settings * A lbum synchronization * F AA no

- fly zones locked out via installed software

**Transmitter*** O perating frequency: 2 .400GHz

- 2.483GHz

* C ommunication distance : CE: 2000m; FCC : 2000m * R eceiver sensitivity (1%PER) :
- 101dBm +/

- 2dBm * T ransmitter power : CE :16dBm; FCC: 20dBm * w orking voltage: 1.2A @ 7.4V * B attery: 6000 mAh LiPo 2s

**Camera**

* O perating en vironment temp: 0c

- 40c * M ax resolution 1080p @ 60 FPS * F OV: 94/85 * HD Recording: 1080p @ 60fps

Given the size Of the UAS and the controlled environment provided the propos ed operations will adhere to the Reform Act safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benifit, reduction in environmental imp acts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the publics interest. Accordingly I request that the FAA grantthe requested exemption with minimum delay.

**Additional Information**

I have been flying and piloting remotely controlled aircraft my entire life. The skillset thats been aquired is invaluable. Using a UAS instead of conventional aircraft will benifit every industry i have listed. From photography to search and rescue these flying platforms a re saving money on a monumental scale. They are also much safer than conventional aircraft and should be carefully implemented into The NAS as soon as possible. If done responsibly, we can all benifit from this amazing technology.

Thank you for your co nsideration,

Respectively, Troy Walker