July 2 9 , 2015

U. S

. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (th e Reform Act) and 14 C.F.R. Part 11, I, Thomas Jennings , operator of small Unmanned Aircraft Systems (“sUAS”) to conduct aerial surve ys, data collection , cinematography and photography, hereby apply for an exemption from the listed Feder al Aviation Regulat ions to allow commercial operation of sUAS

.

The requested exemptio n would permit the operation of sUAS under controlled conditions in airspaces that are 1) limited 2) predetermined and 3) controlled in regards to access and 4) would pro vide safety enhancem ents to the protocols followed by myself . Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft systems in

the national a irspace system.” Section 333(c) of the Reform Act.

The name and address of the pursuant is as follows:

Thomas Jennings 505 Fairway Dr

PO Box 1185 Tahoe City, CA 96145

530 386 6677 42jennings@gmail.com

Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) ; 14 CFR 61.113 (a) & (b) ; 14 C.F.R. 91.7 (a) ; 14 CFR 91.9 (b) (2) ; 14 C.F.R. 91.103 ; 14 C.F.R. 91.109 ; 14 C.F. R. 91.119 ; 14 C.F.R. 91.121 ; 14 CFR 91.151 (a) ; 14 CFR 91.203 (a) & (b) ; 14 CFR 91.405 (a) ; 14 CFR 407 (a ) (1) ; 14 CFR 409 (a) (2) ; 14 CFR 417 (a) & (b)The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS, f rom the requirement that all civil aircraft must have a current
airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections §44702

- 44716 of th is title if the Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assist the Secretary in determining whether sUAS may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

1. The sUAS size, weight, speed and operational capability;

2. Whether the sUAS operates wit hin the visual line of sight of the operator;

3. Whether the sUAS operates outside of highly populated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id . 333(c).

Thomas Jennings wishes to operate the following sUAS :

DJI F450 (already approved by the FAA in prior exemption no. 11 974 ) DJI F550 (already approved by the FAA in prior exemption no. 11 974 ) DJI Inspire 1 (already approved by the FAA in prior exemption no. 11153A) DJI Matice 100 (already approved by the FAA in prior exemption no. 11814) DJI S1000 (already approved by t he FAA in prior exemption no. 11 694 )
3DR Solo (already approved by the FAA in prior exemption no. 11309A)
3DR Iris+ (already approved by the FAA in prior exemption no. 11490)
3DR Aero M (already approved by the FAA in prior exemption no. 11 617 )

Each of the listed machines are multirotor or fixed wing unmanned aircraft weighing up to

3 0 pounds, includi ng payload (camera and battery) . The sUAS will operate only in the pilot’s
and observer’s visual line of sight at all times. Such operations will insure that t he sUAS will “not create a hazard to users of the national airspace system or the public.” Reform Act Section 333(b). Given the small size of the sUAS involved and the restricted environment within which they will operate, my application falls squa rely wit hin the zone of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to

commence . Also due to the small size of the s UAS and the low altitudes in which each sUAS will operate, approval of the application presents no national security issue.

The sUAS models I propose to utilize each ha ve a special use for aerial survey, datacollection, cinematography or photography

. Each sUAS is equipped with GPS and ground station equipment, which allows the operator to p re

- program designated flight paths, respecting defined no fly zones, legal flight ranges and altitude ceilings so the system cannot enter areas deemed unsafe or unnecessary to fly over.

Each sUAS craft maintain the ability to take full manual control at an y time during semi or autonomous flight. If communication is lost with the control transmitter, regardless of semi or autonomous flight modes, the on board flight controller will immediately start a return

- to

home procedure and arrive at the original sourc e point of lift off. The same return to home feature is also configured for low battery levels and wind thresholds that exceed limits during the planned flight. Should battery become critically low during flight, the sUAS will begin a self landing procedur e, while its GPS will remain online to transmit telemetry data for

recovery.

All flight operations will utilize GPS for ease of use and safety considerations . The flight control system employs not only GPS positioning but a variety of sensors including son ar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a “fly away” or other potentially dangerous situation

– is available to the operator.

D ESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operatin g area associated with the aircraft to be utilized by Thomas Jennings , 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 the size, weight, speed, operational capability and proximity to airports and populated areas of the pa rticular sUAS. In all cases, 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 ai rcraft operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light

sport category airc raft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light

- sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, 2 inch lettering will be impossible. Thomas Jennings will mark the sUAS with hi s name and
address.14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operat ions can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed at least 20 hours of sUAS observation time, as well as 50 hours flying a sUAS for

non

- commercial or government use, but st rictly as hobby use (as not to endanger civilians or property whilst learning pilot skills). Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance , referred to as "pre

- flight planning". The risks associ ated with the operation of the s UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted,

t hat allowing operations of the sUAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airw orthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Safety checklists will be performed to validate that an eq uivalen t level of safety has been
conducted prior to each flight.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, n ot only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the User Manual at the ground control point where the pilot flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take

sep arate preflight actions, including checking for weather conditions, checking flight battery requirements, validating GPS connectivity and fail safes, checking takeoff and landing distances, and all other actions listed in safety checklists. These actions w ill provide an equivalent level of safety.

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 functio ning dual controls. By design, sUAS and remotely piloted aircraft do not have fully functional 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 is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control thesUAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

S ection 91.119 establishes safe altitudes for operation of civil aircraft. Section 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. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 feet above ground level (AGL), so an exemption may be n eeded to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only.

The equivalent level of safety will be achieved given the siz e, weight and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because advance notice to the property owner and any onsite personnel, as well as the pre cautions outlined below, all affected individuals will be aware of the planned flight operations.

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated wit h our operations is far
less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these UAS operations and th e operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting availabl e before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch
site shown on the GPS alt itude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments and has a li mited flight time which require an exemption from 14 CFR 91.151(a). The battery powering the sUAS provides approximately 25 minutes of powered flight. This would render the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151.

Given the l imitations on the sUAS proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR
conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the PIC), whicheverhappens first. This restriction would be more than adequ ate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboar d pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the sUAS.

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, to the extent they are applicable to the sUAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections

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 t he aircraft in compliance

with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to my proposed sUAS . Maintenance will be accomplished by the operator pursuant on an as ne eded basis, subject to validation after each flight. An equivalent level of safety will be achieved because these sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical i ssues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator pursuant will ensure that the sUAS is in working order prior to initiating flight, validate all post flight checks are performed from preflight checks, perform required maintenance of sUAS and additional ground station equipment and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Granting the present Petition will further the public interest by allowing Thomas Jennings to safely, efficiently, and economically conduct aerial surveys and data collection . Additionally,
use of s UAS w ill reduce risk of older

, conventional methods of aerial surveying, reduce pollution and decrease congestion of the NAS.

By using the requested s UAS platforms to perform aerial data acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the requsted sUAS platforms ha ve l ess physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typic ally conduct similar operations.

By reducing the number of manned aircraft operating in the NAS, congestion around

ai rports caused by arriving and departing aircraft will be reduced. Likewise, a reduction ofmanned aircraft conducting aerial data acquisition missions would result in fewer aircraft that must be handled by air t raffic control

. In addition, due to the high ground samplin g distances achieved with the sUAS I will be able to provide data resolution well beyond that
of manned aviation.

Thomas Jennings will abide and adhere to the following limitations during all operations under an FAA issues exemption:

• Pilot

- in

- Command (PIC) will hold a Light Sport Pilot certification, private ground
instruction and pass the FAA private pilot written examination.

• The maximum weight of proposed sUAS will weigh less than 55 pounds.

• Minimum crew for each operation will consist of the sUAS p ilot (Pilot

- in

Command) and Visual Observer (VO).

• sUAS will not operate within 5 nautical miles of an airport.

• Flights will be operated within visual line of sight (VLOS) of the s UAS

.

• The pilot and visual observer will have been trained in the operation of the sUAS

.

• Flights will be operated at an altitude of no more than 400 feet AGL or, not more
than 200 feet above an eleva ted platform from which filming is planned.

• Flight operations will not proceed when wind conditions exceed 2 5 mph consistently

.

• Proposed sUAS will be equipped with GPS fail safes, programmed to avoid restricted Airspaces and No

- Fly zones

• Proposed sUAS w ill return to home in the event of radio control signal loss.

• Proposed sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

• Written and/or oral permission from the relevant property holders will be obtained

.

CON CLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 that size, weight, speed, operating capabilities, proximity to airports and populated areas and operation
within visual line of sight and national security provide justi fication for the grant of the requested exemptions allowing commercial operation of sUAS for aerial surveys, data collection, cinematography and photography.I intend to provide valuable data services to industries with a focus on safety and professionalis m

.

Sincerely

,

Thomas Jennings