Nolan Gustafson

1917 Pampas Trail Dr.

Friendswood, TX 77546

10/20/15

U.S. Department of Transportation, Docket Operations
West Building Ground Floor, Room W12-140
1200 New Jersey Ave., SE
Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal
Aviation Regulations from 14 C.F.R. Parts 21; 45.23(b); 61.113 (a) & (b); 61.13 3 (a); 91.7 (a); 91.9

(b)(2); 91.109(a); 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319 (a)(1); 91.405 (a); 91.407 (a)(1);

91.409 (a)(2) and 91.417 (a) & (b)

Dear Sir or Madam,

I, Nolan Gustafson, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to re quest that I, Nolan Gustafson, an owner and operator of small unmanned aircraft, be exempted fr om the Federal Aviation Regulations (“FARs”) listed below so that I, Nolan Gustafson, m ay operate my small ultra light weight unmanned aircraft system (“UAS”) commercially in ai rspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Nolan Gustafson, am an exper ienced RC multi-copter enthusiast, in the state of Texas. I intend to use my Dji Phantom 3 Pr ofessional, and Dji Inspire 1, equipped with a camera for aerial photography/videography/cinematog raphy. My small lightweight UAS is a cost effective and potentially safer option than utilizi ng the industry standard single engine plane or rotorcraft for aerial photography. If given the exe mptions required to commercially fly a UAS, I will operate my UAS in a safe and effective manner while observing all guidelines set forth by the exemption.

Granting my, Nolan Gustafson’s , request comports w ith the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Sect ion 333(c) of the Reform Act specific to the use of UAS's for commercial photography. Further I, Nolan Gustafson will conduct my operations in compliance with the protocols describ ed herein or as otherwise established by the

FAA.

For the reasons stated below I, Nolan Gustafson res pectfully request the grant of an exemption allowing me to operate ultra light weight, remote c ontrolled UAS’s for commercial aerial photography/videography/cinematography.Nolan Gustafson  2

I. Contact Information:

Nolan Gustafson 1917 Pampas Trail Dr. Friendswood, TX 77546 nolan.gustafson@whirlwindsteel.com

II. The Specific Sections of Title 14 of the Code o f Federal Regulations From Which Nolan Gustafson Requests Exemption are:

14 C.F.R. 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 61.133 (a) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b)(2) 14 C.F.R. 91.109(a)

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) and (b) 14 C.F.R. 91.319 (a)(1) 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a)(1) 14 C.F.R. 91.409 (a)(2) 14 C.F.R. 91.417 (a) & (b)

III. The Extent of relief Nolan Gustafson seeks and the Reason He Seeks Such

Relief:

I, Nolan Gustafson, submit this application in acco rdance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicab le FARs operating to prevent me, Nolan Gustafson, contemplated commercial cinematic, acade mic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspac e system as it is in the public’s interest to do so. My, Nolan Gustafson’s, ultra light weight UAS m eets the definition of “small unmanned

aircraft” as defined in Section 331 and therefore t he integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would l ike to operate my ultra light weight UAS prior to the time period by which the Reform Act re quires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Con siderations include: The weight, size, speed

and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be opera ted by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemptio n for me, Nolan Gustafson. My UAS utilizes four (4) counter-rotating propellers for balance, c ontrol and stability. My UAS is equipped with GPS and auto return safety technology. Weighing les s than five (5) pounds (far below the

maximum 55 pound limit); including camera with gimbal.Nolan Gustafson  3

I, Nolan Gustafson, consider safety as foremost wit h each flight. My UAS is designed to hover in place via GPS and operate in less than a 20 knot wi nd. For safety, stability and fear of financial loss I will not fly in winds exceeding 10 KPH. Buil t in safety systems include a GPS mode that allows my UAS to hover in place when radio controls are released. . When pilot communication is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do no t operate near areas where general public is within fifty to one hundred (50-100) yards dependin g on location, conditions and weather. Utilizing battery power rather than combustible fue ls, flights generally last between three (3) to fifteen (15) minutes, with an altitude under one hu ndred fifty (150) feet AGL. I, Nolan Gustafson, will operate my UAS with a fully charged battery an d will ensure there is enough power to return to the original starting destination with 2 minutes reserve on a battery as tested lasting 22

minutes.

IV. How Nolan Gustafson’s Request Will Benefit the Public As A Whole:

Aerial videography is traditionally achieved using small single engine aircraft equipped with large cameras. In order to achieve a clear picture, the pilot is tasked with performing ground reference maneuvers at around 1000ft AGL. By utiliz ing a UAS for this function, pilots reduce the risk of damages to persons or property in the e vent of an in flight emergency. Congress has already proclaimed that it is in the public’s inter est to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act.

V. Reasons Why Nolan Gustafson’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

I, Nolan Gustafson, believe that by allowing this e xemption, it will create the beginning framework for other UAS enthusiasts to operate thei r aircraft in a much more regulated and safer environment. By creating laws and regulations for commercial UAS use, it will legitimize the industry and create a clear path for safer avia tion. Additionally, my UAS is equipped with fail safe programming that allows it to fly and return s afely if the pilot were to become incapacitated,

or the connection was lost.

VI. A Summary The FAA May Publish in the Federal Re gister:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certif icates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Cer tificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Nolan G ustafson’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equiv alent level of safety pursuant to Section

333 of the Reform Act. The FAA is authorized to exe mpt aircraft from the airworthiness certificate requirement under both the Act (49 U.S. C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the F AA to exempt UAS's from the airworthiness certificate requirement in consideration of the wei ght, size, speed, maneuverability and proximity to areas such as airports and dense populations. My , Nolan Gustafson ‘s current and projected

UAS's meet or exceed each of the elements.Nolan Gustafson  4

14 C.F.R. 91.7(a) prohibits the operation of an air craft without an airworthiness certificate. As no such certificate will be applicable in the form con templated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft fligh t manual in the aircraft. As there are no on board pilots or passengers, and given the size of t he UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by main taining safety/flight manual delineating areas of where safety can be defined. The FAA has previou sly issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700

and 32827.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instru ction

These regulations provide that no person may operat e a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS’s are remotely piloted aircraft and b y design and do not have fully functional dual controls. Flight control is accomplished through th e use of a control box that communicates with

the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9 862A. Additionally, in the absence of previous training requirements, Nolan Gustafson is a seasoned UAS pilot having flown hobby grad UAS’s for a number of years without incident

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the car rying of civil aircraft certifications and registrations. They are inapplicable for the same r easons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Nolan Gustafson.

14 C.F.R. § 45.23: Marking of The Aircraft. Applica ble Codes of Federal Regulation require aircraft to be marked according to certain specific ations. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilo t station on which to mark certain words or phrases. Further, two-inch lettering is difficult t o place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardl ess, I will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTA L” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone as sisting me as a spotter with the UAV will see the markings. The FAA has previously issued exempti ons to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113; 14 C.F.R. § 61.133: Private Pil ot Privileges and Limitations; PIC; Commercial Pilot Privileges and Limitations:

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. Section 61.133(a) requires an individua l with a commercial pilot’s license to be pilot in command of an aircra ft for compensation or hire. I, Nolan Gustafson, can achieve an equivalent level of safety as achiev ed by current regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation of my UAS is far

less than the risk levels inherent in the commercia l activities outlined in 14 C.F.R. § 61, et seq.Nolan Gustafson  5

Thus, allowing me, Nolan Gustafson, to operate my U AS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b) and 14 C .F.R §61.133 (a) .

14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for th e operation of civil aircraft. It allows helicopters to be operated at lower altitudes in ce rtain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Nolan Gustafson, will however operate my UAS in safe areas away from publ ic and traffic, providing a level of safety at least equivalent to or below those in relation t o minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equ ivalent or higher level of safety will

be achieved.

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

This regulation prohibits an individual from beginn ing “a flight in an airplane under VFR conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) A t night, to fly after that for at least 45 minutes. ” I Nolan Gustafson will be operating a UAS utilizing b attery power rather than combustible fuels, flights generally last between three (3) to fifteen (15) minutes, with an altitude under one hundred fifty (150) feet AGL. I, Nolan Gustafson, w ill operate my UAS with a fully charged battery and will ensure there is enough power to re turn to the original starting destination with 2 minutes reserve on a battery as tested lasting 22 m inutes.

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

Section 333 Exemption Petition

The above-cited Regulations require, amongst other t hings, aircraft owners and operators to “have [the] aircraft inspected as pres cribed in subpart E of this part
and shall between required inspections, except as pr ovided in paragraph (c) of
this section, have discrepancies repaired as prescri bed in part 43 of this chapter.

. . .”

These Regulations only apply to aircraft with an ai rworthiness certificate. They will not, therefore, apply to my, Nolan Gustafson’s , UAS.

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certif icates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Cer tificates, sets forth for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exempti on from Part 21 because my, Nolan Gustafson’s UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the a irworthiness certificate requirement underNolan Gustafson  6

both the Act (49 U.S.C. § 44701 (f)) and Section 33 3 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuvera bility and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness c ertificate. As no such certificate will be applicable in the form contemplated by the FARs, th is Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has pr eviously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299 , 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Nolan Gustafson seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F .R. §§ 61.113 (a) & (b); 14 C.F.R. §§ 61.133 (a); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.109(a); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § § 91.203(a) and (b); 14 C.F.R. § 91.319 (a)(1); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2) and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, Nolan Gustafson’s, small unmanned vehicle/lightweight unmanned aircraft vehicle in th ereby enhance safety. My UAS craft do not contain potentially

Thank you for your time and consideration in this m atter.

Regards,

Nolan Gustafson