BEFORE THE FEDERAL AVIATION ADMINISTRATION

Payson Associates,

Docket No. FAA

- 2015

- _____

Petitioner.

PETITION OF PAYSON ASSOCIATES FOR AN EXEMPTION FROM CERTAIN FEDERAL AVIATION REGULATIONS TO PERMIT UNMANNED AIRCRAFT SYSTEMS (UAS) OPERATIONS

DATE: Ap ril 7, 2015U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Payson Associates, operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct aerial photography and videography for the commercial and residential real estate, legal, construction, and insurance industries, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhan cements to the already safe operations in the film and television industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibiliti es to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.1. BACKGROUND INFORMATION: THE PETITIONER

Payson Associates (“PAYSON ASSOCIATES”), is a sole proprietorship located in Swarthmore, Delaware County, Pennsylvania. PAYSON ASSOCIATES provides photography and videography for the real estate, construction, legal and insurance industries.

2. PROPOSED UAS OPERATIONS: THE EXEMPTION REQUEST

Pursuant to Section 333 of t he FAA Modernization and Reform Act of 2012 (“FMRA”), PAYSON ASSOCIATES requests that the FAA grant PAYSON ASSOCIATES an exemption from certain sections of the FAR (detailed below) so that PAYSON ASSOCIATES may commercially operate one or more small DJI Ph antom 2 drones for aerial photography and videography for its' customers, PAYSON ASSOCIATES’ proposed UAS operations, as conditioned and limited herein, will not adversely affect safety, but rather will provide an equivalent or greater level of safety than that provided by the current rules and large manned aircraft operations.

They will operate only in line of sight and will operate in accordance with the manufacturer's User Manual (version 1.8) and Pilot Training Guide, attached (hereinafter referred col lectively as “ the Manuals ”).

All flights will occur over private or controlled access property with the property owner’s, or their duly appointed representative, prior consent and knowledge.Your name and mailing address. You may include other contact i nformation such as a fax number, telephone number, or email address;

Name: Payson Associates

Address: 201 Garrett Avenue, Swarthmore, PA 19081

Telephone number: 484

- 326

- 9344

Email: ashelter@paysonassociates.com

Principal officer: Andrew Shelter

Legal status: Sole proprietorship.

Entity established: January 1st, 1998

TIN: 23

- 3003209

DUNS: 083064506

Federal Government Central Contractor Registration Code: 1MD03The specific section or sections of 14 CFR from which you seek an exemption;

14 C.F.R. Part 21, Subpart H , Airworthiness Certificates & 14 C.F.R. §91.203(a)(1).

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 61. 113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

14 C.F.R. § 91.103: Preflight Action.

14 C.F.R. § 91.109(a): Flight Instruction.

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

14 C.F.R. § 91.121 Altimeter Settings.

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

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registrat ion.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.The extent of relief you seek and the reason you seek the relief;

14 C.F.R. Part 21, Subpart H , Airworthiness Certificates & 14 C.F.R. § 91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited operating area associated with t he sUAS to be utilized by the Petitioner, 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 Re form 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 ca ses, an analysis of these criteria demonstrates that the sUAS 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 rotorcraft operating with a n airworthiness certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and carries no explos ive materials or flammable liquid fuels

. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, in accordance with the Manuals ’ requirements.

These safety enhancements, whic h already apply to civil aircraft operated in connection with existing inspection operations, 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. Lastly,application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liqui d fuels, and inability to carry a substantial external load.

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

This petition seeks an exemption from the aircraft marking and identification requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also di splay on that aircraft near each 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.

14 C.F.R. § 45.27(a), Rotorcraft, states:Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the sUAS has no e ntrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the size of the sUAS , two

- inch lettering would be impossible. The word "Experimental" will be placed on the fuselage in compliance with § 45.29( f).

Given the nature of the specific relief sought by this exemption request, Petitioner

requires relief from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).

Equivalent Lev el of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS marked on its fuselage as required by §45.29(f) where the pilot, obs erver, and others working with the sUAS will see the identification of the UAS as "Experimental." Additionally, Petitioner will ensure compliance with any requests of sUAS marking by the FAA.

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

This petition seeks an exemption from the private pilot privileges and limitations of § 61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an a ircraft.(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passe ngers or property for compensation or hire.

Section 61.113(a) limits private pilots to being in command of non

- commercial flights. Section 61.113(b)(1) provides an exception that allows a private pilot to command an aircraft without passengers or property, in connection with business or employment if "[t]the flight is only incidental to that business or employment." That exception likely does not apply to the proposed operations under this petition for exemption, as the flights are not incidental to the pro posed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the flight be incidental to the business to benefit from the

exce ption.

Equivalent Level of Safety

Because the sUAS will not carry a pilot or passengers and is inherently stable, with sophisticated computer and GPS controls , the proposed operations can achieve the equivalent level of safety to § 61.113 (a) and (b), by r equiring the PIC operating the sUAS to have significant

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. Moreover, the area of operation is controlled and restricted, and all flights are planned and coordinated in advance in accordance with the Manual, and flights are limited in duration and altitude.

The sole operator of the sUAS has extensive experience operating the sUAS in a

non - commercial environment, and is Certified Safety Professional and a retired Naval Officer with extensive experience in safe control of rotary and fixed wing aircraft.14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

This petition seeks an exemption from the flight manual requi rements of 14 C.F.R. § 91.9(b)(2), which states:

(b) No person may operate a U.S.

- registered civil aircraft

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any c ombination thereof.

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. Accord ingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory stan dard will exist for determining airworthiness.

Equivalent Level of Safety

PAYSON ASSOCIATES Pilot in Command who will be flying the sUAS has over 50 flight hours and a stellar safety record. Given the size of the sUAS and therequirements contained in the Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar wit h specific information before each flight, including information contained in the FAA approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the sUAS, an exemption will be needed.

Equivalent Leve l of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual comprehensive preflight checklist. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances , and aircraft performance data, before initiation of flight.

14 C.F.R. § 91.109(a): F light Instruction.

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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." sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Instead, flight control is accomplished through the use of a control box that communicates with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers a re aboard the sUAS, and all persons will be a safe distance away should the sUAS experience any difficulties during flight instruction.

14 C.F.R. § 91.119: Minimum Safe Altitudes.This petition seeks an exemption from the minimum safe altitude requirement s of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. C.F.R. § 91.119( c). Section § 91.119(d)(1) allows for a helicopter to operate at less than those altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altit udes specifically prescribed for helicopters by the FAA.

To provide the intended inspections, the sUAS will normally need to be operated within a range of between 50 and 200 feet from the property being filmed or photographed. Accordingly, due to the natur e of the proposed operations, the PIC may at times be less than 500 feet away from structures during the operation, and an exemption is therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than t he maximum 55 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and 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 and/or local officials. Because of the advance notice to the property owner and participants, all affected individuals will be a ware of the planned fligh t operations

. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations.

14 C.F.R. § 91.121 Altimeter Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is re quired because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out.Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the Manual. As prescribed in the Manual, t he operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS height, thus ensuring operation at safe altitudes.

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

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR con ditions 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 fl y after that for at least 45 minutes.

The battery powering the sUAS provides approximately 20 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 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 within its limited operating area . Operation of the sUAS 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. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed.14 C.F.R. § 91.203 (a) & (b): Car rying Civil Aircraft Certification and Registration.

This petition seeks an exemption from civil aircraft certificatio n and registration requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current ai rworthiness certificate

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that i t is legible to passengers or crew.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is necessary because: (1) the sUAS's load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them

. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b):

Maintenance Inspections.This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). Thes e regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "shall have that aircraft inspected as prescribed in subpart E of this part a nd shall between required inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, w hich the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals

. As provided in the Manuals , the operator will ensure that the U AS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to p rovide the equivalent level of safety.

If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 2 00 feet AGL. Moreover, the s UAS's small size, carrying capacity, and the fact that flight operations will only take p lace in restricted areas for limited periods of time, create less risk than the same factors associated with conventional fixed

- wing aircraft and rotorcraft performing the same operation.How your request would benefit the public as a whole;

The operat ion significantly improves safety and reduces risk by alleviating human exposure to danger associated with current aerial survey and inspection methods, namely, full size helicopters. Manned helicopters performing aerial photography have experienced an exc eedingly high number of accidents and fatalities. The public's interest is furthered by reducing human exposure to death or serious injury associated w ith manned aircraft performing photography, i nspections and patrols.

Petitioner's sUAS are battery powered and create no emissions. If Petitioner's sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUAS is, obviously, far less than a full size helicopter. The public's interest is furthered by minimizing ecological impact of an a ccident and by reducing human exposure to potentially harmful emissions associated with manned aircraft.

Aerial surveys are valuable too ls for roof, utility

- power generation, cell phone towers, bridge and tunnel inspections and other elements that compri se the national transportation and communication infrastructure . However, problems with safety, cost, statistical integrity, and logistics continue to impede aerial surveys and inspections from conventional manned aircraft. The use of sUAS addresses these problems and is a powerful tool for performing a wide

- range of utility

- power generation inspection and patrol applications. The public as a whole will benefit from the safer and more cost

- effective utility aerial services that sUAS operations provide.Re asons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to the existing rule;

These reasons are listed individually above for each specific exemption request.A summary we can publish in the Federal Register stating

—

The rule s from which you seek the exemption;

Payson Associates seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 CFR 91.7(a); 14 C FR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14, CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR, 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

and

A brief description of the exemption you seek;

Payson Associates seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14, CFR 91.12 1; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR, 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

for the purposes of conducting aerial photography , videography and inspections for the commercial and residential real estat e, legal, construction, and insurance industries,Any additional information, views, or arguments available to support your request;

Additional documents attached and submitted in this electronic application, including user manuals, sUAS pilot training guide, and sUAS technical specifications.If you want to exercise the privileges of your exemption outside the United States, you must state the reason.

Payson Associates does not intend to operate the sUAS outside of the United States.