## us Department ofTransportation Exemption Request Pursuantto

# S,ebtio'rf,~S:S:,of the FAA
, ,'''.''-'iii'

Reform Act and Part 11 ofthe Federal Aviation
January5, 2015

William Spellman 16322 N. 35th lane Phoenix, Az. 85053 bs52706@gmail.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590 ;.**~**·- ;' 1

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14CFR91.7(a); 14 CFR91.9(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)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), William Spellman herebyappliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Thankyou in advancefor your consideration.Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Aerial Video & Photography 2. Public and Private Special Events 3. Real Estate & PropertySurveying 4. Construction Inspection 5. Search and Rescue 6. Weddings 7. Mapping 8. Commercials 9. Roof Inspections 10. Power Line

## I Cell Tower Inspections

As describedfully below, the requested exemption would permitthe operation of designated UAS as setforth in this document undercontrolled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements forthe safe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicantis



### William Spellman 16322 N. 35th lane Phoenix, Az. 85053 bs52706@gmail.com



### Fromwhichtheexemption is requested: 14 CFR Part 

### 21 subpart 

### H 14 CFR 

### 45.23 (b) 

### 14 CFR 

### 61.113 (a) 

### &(b) 

### 14 CFR 

### 91.7 (a) 14 CFR 

### 91.9 (b) 

### (2) 14 CFR 

### 91.103 14 CFR 

### 91.10914 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)

As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers or crew, ratherthan a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest.



### William Spellman Will operate one or more ofthe Following model UAS



### DJI Phantom 2, Inspire 1
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operationswill further enhancethe safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs.2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 25°/o battery power reserve or30 minutes offlight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the days' Production activities.

9. All flight activitieswill be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11

.The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive upto date information forthe particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capabilityto abort aflight in case of emergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capabilityto abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21

.Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitledAirworthiness Certificates, establishes the procedural requirementsforthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meetsthe requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size,weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis of these criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be atleast as safe,
orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 551bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree ofsafetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthat there is no credible threatto national security posed bythe UAS, dueto its size, speed of operation, location of operation, lackof explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionallycertificated aircraft, the operator must also display on that aircraft
near each entranceto the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N'' and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator must alsodisplayon that aircraft
neareach entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/"'experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015 The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations mayachieve an equivalent level of safety as achieved by current Regulations becausethe applicant's UAS do notcarry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and useofsafety checklists priorto each flight, an equivalent level of safetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, notonly because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual at the ground control pointwhere the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flightto insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft hasfully functioning dual controls. UASand remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training without fullyfunctional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neithera pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operatingthe helicoptercomplies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a**hel~copter** and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will neveroperate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to survey orphotograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. 

### It will howeverbe operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well asthe location where it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between·these UAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the safety check list and live flight datamonitoring, 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 "aflight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The applicant believes that an exemption from 14 CFR §91

.151(a) falls within the scope ofprior exemptions. Operating the UAS in atightly controlled areawhere only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believesthat an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or25o/o of battery power- whichever happensfirst. This restriction would be more thanadequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and currentairworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551 b limit and is operated without an onboard pilot. As such, there is no ability orplaceto carry certification and registration documents orto displaythem on the UAS. An equivalent 

### level ofsafetywill be achieved by keeping these documents at the ground control pointwherethe pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

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

### &(b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall havethat aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuant to the flight manual and operating handbook. An equivalent level of safetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arisethe UAS can land immediatelyand will be operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent 

### level of safety. An equivalentlevel of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure that the UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant

### WilliamSpellman believes this exemption request and associated safetyconsiderations adequatelysatisfycriteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification for the granting of commercial operations ofthe applicant's 

### UAS. I

### alsofeel its inthe public's intereston grantingtheexemption, as we can educatethem atthesame time. And all the positivesidesofthe newtechnologyandthe level of safety

The applicant

### William Spellman requests your respective approval ofthis Section 333 exemption petition request.

Thankyou for your attention in this matter. Please notify

### William Spellman of your actions, and orapprovals. Thankyou, foryour interest in this request

Sincerely,



### William Spellman