J uly 9, 2015

Exemption No. 11999 Regulatory Docket No. FAA

– 2015

- 0238

Mr. William Bivins Owner / Manager Alaska Aerial Media, LLC 7447 Meadow Street Anchorage, AK 99507

Dear Mr. Bivins :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated March 26, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Alaska Aerial Media, LLC ( hereinafter petitioner or operator ) for an exemption. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial videography and cinematography

.
See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.
The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria2

provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from
14 CFR part 21

, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

Th e Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consi deration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Alaska Aerial Media, LLC is granted an exemp tion from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Alaska Aerial Media, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspir e 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not p ermitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must b e operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’ s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS

cap ability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duratio n of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitati ons herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revi sions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if que stions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functio nal test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such

a mann er so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection an d determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, an d life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private , recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely op erate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with
14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a mann er consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- buil ding flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during nig ht, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference po int (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the p r ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available po wer for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

op erations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordanc e with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be m ade available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicl e.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has gran ted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/co ntroller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be repor ted to the FA A'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

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (M PTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial fil ming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exe mption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operat ions may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

John S. Duncan Di rector, Flight Standards Service

Enclosures9

P roject Officer: _______________

PETITIONER NAME ADDRESS

WILLIAM BIVINS, OWNER / MANAGER ALASKA AERIAL MEDIA, LLC 7447 MEADOW STREET ANCHORAGE, AK 99507

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## March 26, 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 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)



## Dear Sir or Madam,

I, William Bivins , am writing pursuant to the FAA Modernization and R eform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, William Bivins , an owner and operator of small unmanned aircraft (N99887), be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, William Biv ins , may operate my small ultra light weight unmanned aircraft system (N99887) or (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, William Bivins , have added a professional grade quad

- copter UAS (N99887) to my inventory equipped with a DJI Zenmuse H 3 camera with intent for aerial videography/cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the Anchorage area

, and pursue implementation of emergency use UAS systems with p ublic

e ntities; following exemption and approval by the FAA. This will

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## allow for enhancement of the academic research experience for the Anchorage area. I plan to add a second quad

- copter with a FLIR camera to my inventory in the future with comparable safety capabilities.

I have flown small RC multi rotors for over eight (8) years without incident. As well as working with local FSDO on flight safety, I

am committed to safety with each flight. My

, William Bivins 's, exemption request would permit operation of ultra lightweight

, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing vi deos/photos. Currently, lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, William Bivins , have personally instilled safety protocols, sterile cockpit rule and checklists prior to operation. This will act to further safety protocols exclusive to lightweight UAS' s specific to real estate video and photography usage as I, William Bivins

, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting my, William Bivins 's, request comports with 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 t he safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for Aerial Surveying and Search and Rescue Sy stems. Further I, William Bivins , will conduct my operation s in compliance with the protocols described herein or as otherwise

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## established by the FAA.

For the reasons stated below I, William Bivins , respectfully request the grant of an exemption allowing me to operate ultra light weight, remote controlled UAS’s f or academic community awareness to benefit/stimulate attraction to the Anchorage area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growt h through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

**I. Contact Information:**

Wi lliam Bivins

, Alaska Aerial Media

, LLC 7 447 Meadow Street Anchorage, AK 99507 Mobil e: (907)

- 440

- 0088 Email: a kaerialmedia@gmail.com



## II

. **The Specific Sections of Title 14 of the Code of Federal Regulations From Which**  **William Bi**  **vi ns**  **Requests Exemption**

**are:** 14 CFR 21; 14 CFR 61.113 (a) & (b) ; 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).



## III. The Extent of relief **William Bi**  **vi ns**  **seeks and the Reason He Seeks Such Relief:** 

I, William Bivins , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, William Bivins

,

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## from commercial cinematic, academic and other flight operations within the natio nal airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, William Bivins ’s, ultra light weight UAS meets the definit ion of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The Reform A ct guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heav ily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, William Bivins . My UAS utilizes four (4) counter

- rotating propellers for balance, control and s tability. My UAS is equipped with GPS and auto return safety technology. Additionally, my UAS weighs less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, William Bivins , consider safety foremost with each flig ht. My small, unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GP S mode that allows my UAS to hover in place when radio controls are released. With three modes to choose from, I utilize the (GPS)
Smart Mode for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## haza rd. 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 not operate near areas where general public is within fifty to one hundred (50

- 100) yard s depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft ma y approach near my location. I d o call in to local Air Traffic Control to alert of
my flight plan and operations as well as calling back when operations are complete. My UAS is capable of vertical and horizontal operations, and is flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between twelve (12) to seventeen (17) minutes, with an altitude under one hundred fifty (150) feet.

I, William Bivins , utilize a fresh fully charged smart battery with each flight as a safety precaution; full flight time limit for each battery is eighteen (18) to twenty (20) minutes as tested. I do not operate my UAS at or below manufacture recommend minimum charge levels for operation or exceed temperature ratings of 0*F
as per manufactures request; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, l oss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under differe nt temperature and weather conditions. I also practice

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## computerized simulated flights to maintain adequate skills and response reflex time.

I, William Bivins , am extremely cautious when operating of my UAS/ultra light weight unmanned aircraft and will no t “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding d irective to integrate UAS's into the national airspace system. William Bivins ’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**IV. How William**  **Bi vi**  **ns Request Will Benef**  **it the Public A s A**  **Whole:**

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget production companies and average homeowners the expe nse of such aerial videography is cost prohibitive. Only large companies and high

end film companies can afford to absorb such expense. Which is wh ere the option of less expensive unmanned systems becomes affordable to anyone. Manned aircraft pose a threat to the public through potential catastrophic crashes that Alaska has come to expect every year. Anchorage area is a very busy airspace, which is why I am pursuing a 333 Exemption to lead the way for other businesses and or enthusiast. My main goal is to p rove to public that my UAS can be used in Fire, Police or natural disaster relief. My

, William Bivins 's, UAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, William Bivins ’s, exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around the Anchorage area. My ultra light weight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra light weight UAS crashing is f ar less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.

The public’s interest and well

- being is advanced by minimizing ecological and crash threat s by perm itting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting me, William Bivins , to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the Anchorage community for companies looking to relocate or build in the Anchorage area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the comm unity.

**V. Reasons Why William**  **Bi vi**  **ns 's Exemption Will Not**  **Ad ve**  **rsely A** 

**ffect Safety Or How**  **The Exemption Will Prov ide**  **a Le vel of Safety**  **A t Least Equal To Existing Rule:** 

My

, William Bivins ’s, exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, William Bivins , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols.

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## I, William Bivins , submit the following representations of enhancements to current aerial videography , photography and aerial surveying aspects :

 My UAS weighs less than 5 pounds complete with a small ultra light weight hig h quality DJI Zenmuse H3 camera.

 I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modern ization and Reform Act of 2012.)

 My UAS only operat es for 12

- 17 minutes per flight.

 I land my UAS prior to manufacturer recommended minimum level of battery power.

 I pilot my UAS through remote control only by line of sight.

 My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with t he r emote control pilot is lost.

 I actively analyze flight data and other sources of information to constantly update and en hance safety protocols.

 I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airpor ts and actively populated areas.

 I conduct extensive pre

- flight inspections and protocol, during which saf ety

carries primary importance.

 I always obtain all necessary perm issions prior to operation.

 I have procedures in place to abort flight s in the event of safety breaches or potential danger.

My

, William Bivins ’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate.

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## While the safety record of such helicopters is remarkable; it is far safer to operate a battery powered ultra light weight UAS.

 First, the potential loss of life is diminished because UAS's
carry no peo ple on board and I only operate my UAS in specific areas away from mass populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminishe d.

 Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

 Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels.

**VI. A Summary**  **The FAA**

**May Publish in the Federal Register:** 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, 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, William Bivins ’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 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

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## permit the FAA to exempt UAS's f rom the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, William Bivins ’s, current and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 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

s afety/flight manual delineating areas of where safety can be
defined. The FAA has previously 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. § 91.121 regarding altimeter settings is inapplicable insofa r as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. T he equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Wi lliam Bivins

.

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. I, Wi lliam Bivins , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license w ill not ensure remote control piloting

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

### skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, William Bivins , to operate my UAS mee t and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altit udes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Wi lliam Bivins , will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

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

The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, William Bivins 's, UAS. However, as a saf

ety precaution I inspect my UAS before and after each flight.

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary ai rworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, William Bivins ’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 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 FAA to exempt UAS's from the airworthiness cert ificate requirement in consideration of the weight, size, speed, maneuverability 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 a n airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 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 previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95 65B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## In summar **y, William**  **Bi vi**  **ns seeks an exemption from the**  **follow ing Regula**  **tions:**

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. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 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. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, William Bivins ’s, small unmanned vehicle/lightweight unmanned aircraft ve hicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Anchorage area. Currently, area awareness and real estate aerial videography/photograph y relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, William Bivins ’s, request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft does not contai n potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields . I, William Bivins , have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my, William Bivins ’s, UAS and therefore the likelihood of death or serious bodily i njury is significantly diminished. My, William Bivins ’s, operation of my UAS, weighing less than 5 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved

### William **Biv ins**  **, A nchorage**  **AK**

**- Section 333 Exemption Petition** 

**William Bivins** 

**, An**  **chorage AK**

**- Section 333 Exemption Petition**  

## under current FARs. Accordingly I, Will iam Bivins , respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully

,

William Bivins

, Owner / Manager Ala ska Aerial Media , LLC 7447 Meadow Street Anchorage, AK 99507