Sept. 4 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,SE

Washington 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.

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 the 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 of 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 possible.

* 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). Given 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 Aviation 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 operator 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 conventional 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.

* 14 CFR 45.23(b) Display of Marks

 

 This section outlines regulations requiring specific locations and size of marks. I seek relief

 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 as 
 possible 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 existing 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 achieve 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 pilot 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 

 certificate 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 regulation 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 the 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 their 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 may 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.

 

* CFR 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 than 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 requests 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, be operated in a restricted area with 

 individuals tasked with ensuring public safety, and where buildings and people will not be

 exposed to operations without their pre obtained consent and training. 

The equivalent level of safety will be achieved 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 owner 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 on board, any risk associated with the Uas operations is far less than that presently 
 presented by conventional aircraft operating at or below 500 feet AGL. In addition, the low

 altitude operations of the UAS will ensure seperation between UAS operations and the 

 operations of coventional aircraft that must comply with 91.119. 

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

 This regulation 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, 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 91.151, 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 signed 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

 minutes would greatly reduce the utility for which the exemption will be granted. An 

 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.

* CFR 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.

* CFR 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 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 section and part 43 apply only to aircraft with an airworthiness
 certificate, these 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 the 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 35 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 controller 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

* Ready to fly

* 3 axis camera stabilization

* Precision flight and stable hovering

* GPS/GLONASS positioning & auto return home

* On screen real time flight parameters

* High definition 1080p camera

* Camera tilt control

* Film straight down

* Supports Adobe DNG RAW

* Adobe lens profile support

* Camera parameter settings

* Album synchronization

* FAA no-fly zones locked out via installed software

Transmitter
* Operating frequency: 2.400GHz-2.483GHz

* Communication distance : CE: 2000m; FCC : 2000m

* Receiver sensitivity (1%PER) :-101dBm +/- 2dBm

* Transmitter power : CE :16dBm; FCC: 20dBm

* working voltage: 1.2A @ 7.4V

* Battery: 6000 mAh LiPo 2s

Camera

* Operating environment temp: 0c -40c

* Max resolution 1080p @ 60 FPS

* FOV: 94/85

* HD Recording: 1080p @ 60fps

Given the size Of the UAS and the controlled environment provided the proposed 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 impacts, 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 are 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 consideration,

Respectively, 

Troy Walker