United States Dep artment of Tran spo rtation

Do cket Operations

1 200 New Jersey Ave.SE

West Building Ground Floor Room W12 -140
Washington DC 20590

RE: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012
Dear Sir or Madam:
I am wr itin g p u rsuant to th e FAA Modern ization and R eform Act of 2 0 1 2 (the "Reform Act")

an d the p r o cedures contained in 1 4 C. F

. R

. 11 , to request that Jacq ues Alleva
, own er and

o p erator o f a small UAS, be ex emp ted from the Federal Aviation R egulations (FA R' s) listed b elow. The exemp tion is needed in or der to o p erate a small lightweight u n manned aircraft
sy stem (UAS) commercially i n air space regulated by t h e Federal Aviation Administration ( FAA)

. Th ese o p erations will be con du cted within and under the condi tions outlined herein or as
may be established by the FAA as r equired by Section 3 33 .§ 11.81.
Th e following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should b e considered.
1

. I f cer tain unmanned aircraft sy stems, if any
, as a re sult of their size, weight, speed, operatio n al capability
, proximity t o airp orts and p o p ulated areas, and o p eration within visual line o f sight d o

n ot create a hazard to u sers o f the n ational airspace sy stem o r the pu blic o r pose a threat to

n ational secur ity ; and
The o p erated UAS, DJ I INSPIRE 1, DJI PHANTOM meets all the requirements of an Ultralight aircraft except f or the ability t o carry a pa ssenger. This aircraft is under 254 pounds

as req u ir ed f

or p owered Ultralights, they a re electric so they h ave less than 5 ga llon fuel capacity, it is n ot capable of speeds o v er 5 5 k n o ts, and it’s po wer -o ff stall speed is under 24 k nots calibr ated airspeed. If as requested, it is classified as an Ultralig ht Aircraft b y r egulations it cannot b e u sed in congested airspace and can only be u sed in Class G Airspace witho ut special

au thorization. As part o f this application the UAS will o n ly be u sed Li ne o f sight in or der
to meet the public safety req uir ement of an exemption to Title 14 Chapter I Subchapter F Part 103 Subpart B §103.21
2. Wheth er a certificate of waiver, certificate of authorization, o r airworthiness certification

u nder section 44704 of title 49, United States Co de, is requ ired fo r the o p eration o f unmanned aircraft s ys tems identified under paragr aph ( 1)

.If as requeste d this UAS is classified as an Ultralight, it would not require a certificate of waiver,

certificate of authorization, or airworthiness certification. As part of this application I will apply for a Certificate of Authorization so this UAS could support loc al Emergency S ervices as necessary

. The following information is submitted to meet the requirement of the above act.

• Name and address:

a. Jacques Alleva
b

. 235 Ingra St Anchorage, AK 9 95 20

• Section of 14 CFR from which I seek an e xemption

c. 103.1 (a) I s us ed o r intended to be used for manned o p eration in the air by a s ingle occupant.

d

. 103.1 (b) Is used o r

intended to be used

for recreation or sport purposes only . c. 103.21 No person may o p er ate an ultralight vehicle except by vis u al reference with the surface.

• Th e extent of relief yo u seek
, and th e reason yo u seek the relief
• 103.1 (a) Request the o p eration o f the air v ehicle as an UAS. By definition it will not be manned.
• 103.1 (b) Request that the UAS be allowed to be used for commercial purposes. It w ill be used for aerial photograph, agriculture field inspection and aerial property monitoring.
• 103.21 Request that the vehicle be operated by v isual reference “from the g round ”not “with the ground”. This will be accomplished by maintaining maximum altitude and distance from the PI C of 200ft.

• The reasons wh y granting your request would be in the public interest; that is, how it would benefit the public as a whole.

• By designating small UAS as Ultralight Aircraft and setting below requirements for an exemption to the probation for commercial use, public safet y will be greatly

e nhanced. With the low cost of these devices, many a re in the
process of using them in a non
- re gulated none tracked manner. In addition to the exemption list above the PI C will follow the below requirements.

• 50 hours of flight time prior to use for commercial purposes. The hours will be documented on the standard FAA Log book.

• Completion of an FAA Grounds school program or home study course and successfully

completion of the knowledge test.• The above stipulations along with the designation of this UAS as Ultralight will enhance public safet y in the following ways.

• Aircraft and PI C will be registered and connected to allow for accountability

.

• Presently
, with their low cost of these devices may p eople

are operating these UASs in a non
- regulated manner. By p roviding a way for the Aircraft to be registered to a Specific PIC, if there is an incident the aircraft can be traced back to an individual. I will notify t he FAA if an aircraft is added or removed from the fleet.

• UAS, DJ I INSPI RE 1 , DJI PHANTOM

• PI C Jacq u es Alleva

• By

m atching the UAS to the PI C the FAA can review the log b ook to ensure that the PIC has spent the time with the particular aircraft to ensure safet y.

• Although the UAS has a home function as a redundant safety f eature, if the Aircraft should malfunction and not respond to the transmitter or home function, the PI C will notify

the area controlling station in the same manner as an accidentally released tethered balloon. Once an Aircraft is found the Serial number of the Aircraft can confirm the PI C responsible for it.

c. By d esignating the Aircraft as an Ultraligh t the rules and regulation for its operation are alread y established for safe operation in public airspace.

• The Aircraft cannot operate above a congested gathering nor can it operate above congested parts of a town or cit y.

• The Aircraft can onl y oper ate within the hours of day light, unless it has the applicable markings and safet y light.

• The Aircraft can onl y operate in class G airspace. This will keep the aircraft away

from other air traffic.

• The aircraft can onl y operate in airspace as stipula ted by t he cloud cover requirements within the proper 103. Ensuring safe operation around other aircraft.

• As stipulated in the application I am asking for an exception stating that the UAS can only

operate less than 200 feet AGL. Although this more rest rictive then the Ultralight requirements it will insure a clear line of sight connection between the PI C and the UAS.

• Aircraft will operate in airspace controlled by e mergency

p ersonnel only when PI C is in direct voice contact with Incident Commander or Designee.• Designating the UAS as an Ultralight, the following regulations will not

apply however public safety

w ill n ot be reduced by

t he actions listed and will be enhance by not being overly

burdensome to the operator and increasing compliance.

• As stipulated in 103.7 (c) An "N" number will not be required. The "N" number is used for Aircraft identification. Limiting the Aircraft to Class G Airspace or Airspace controlled by e mergency

p ersonnel under Incident commander control eliminated the need for visual identification of an aircraft within an Airport control. The requirement of the "N" number for accident identifi cation is fulfilled by the registration of the Aircraft and the PIC.

• As stipulated in 103.7 (b) An Air worthiness certificate is not required and due the size of the drone. Similar to other Ultralight aircraft, the safet y hazard represented by t he Aircr aft is limited. Also the requirement the aircraft will operate onl y in line of sight of the PI C and not over congested areas further reduce an y hazard. Mandating that the PI C has a $1 million dollar insurance policy

e nsure that proper restitution can be ma de if an incident does

occur. Public safet y is improved by r educing the burden on operator to ensure proper registration and ensuring that the PIC is properly insured and trained.
iii. As stipulated in 103.7 (a) a pilot certificate is not required. Due to the differences in fly ing a UAS and operating a manned aircraft for personal of commercial use, little is gained from requiring one of these certifications for UAS operation. Passing the practical test and showing required logged time in a manned aircraft will not increase the safety o f the drone operation. This being said, the part of the pilot certification that would be applicable is the knowledge and ground school portion of the certification. This part of the certification would give the PI C an unders tanding of the aircraft operations that the UAS will share NAS with and the importance of stay ing within its operating parameters. The Knowledge test is also only g ood for two ye ars and will have to be renewed insuring recertification of a UAS operating pe rmit. Public safety w ill also be enhanced by

r equiring that an FAA log be filled out showing knowledge of Specific UAS operation. The above will ensure public safet y while not placing a burden on UAS operators that may encourage unregistered operation.

g. My r equest for an exemption differs from the majorit y of request that I have read but has
many advantages.
i. Starting with the stipulating that these small drones are Ultralight aircraft, man y of the rules and regulations necessary to keep a separation from other manned aircraft are already in effect.

• No person may

o perate an ultralight vehicle except between the hours of sunrise and sunset.• Notwithstanding paragraph (1) of this section, ultralight vehicles may b e operated during the twilight peri ods 30 minutes before official sunrise and 30 minutes after official sunset or, in Alaska, during the period of civil twilight as defined in the Air Almanac, if:

• The vehicle is equipped with an operating anti

- collision light visible for at least 3 statu te miles; and

• All operations are conducted in uncontrolled airspace.

• Each person operating an ultralight vehicle shall maintain vigilance so as to see and avoid aircraft and shall y ield the right -of- way to all aircraft.

• No person may

o perate an ul tralight vehicle in a manner that creates a collision hazard with respect to an y aircraft

• No person may

o perate an ultralight vehicle over any c ongested area of a city , town, or settlement, or over an y open air assembly of persons.

• UAS can onl y be op erated in Class G airspace

a. No person may

o perate an ultralight vehicle within Class A, Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the ATC facility h aving jurisdiction over that airspace

• Any p erson operating an ultralight vehicle under this part shall, upon request, allow the Administrator, or his designee, to inspect the vehicle to determine the applicability

o f this part.

• No person may

o perate an ultralight vehicle in prohibited or restricted

areas unless that person has permission from the using or controlling agency , as appropriate.

• No person may

o perate an ultralight vehicle in areas designated in a No tice to Airmen under §91.137, §91.138, §91.141, §91.143 or §91.145 of this chapter, unless authorized by : a. Air Traffic Control (ATC); or b. A Flight Standards Certificate of Waiver or
Authorization issued for the demonstration or event.

• The pilot or operator of an ultralight vehicle must, upon request of the Administrator, furnish satisfactory e vidence that the vehicle is subject only t o the provisions of this part.• No person may o perate any

u ltralight vehicle in a manner that creates a hazard to other persons or propert y.

• No person may

a llow an object to be dropped from an ultralight vehicle if such action creates a hazard to other persons or property.

• No person may

c onduct operations that require a deviation from this part excep t under a written waiver issued by t he Administrator. This section mandates that several aspect of Section 107 be waived ensuring proper registration of UAS being used in a commercial enterprise and that the PIC is properly experienced.
ii. Stipulating the se small UAS as ultralight aircraft an Airman certification is not required. By stipulating that the knowledge test portion of the air certification is enforced, all operators will be required to understand the requirement to keep UAS away from manned airc raft and the rules in which they

will operate ensuring public safet y. iii. Mandating document hours on the specific UAS prior to commercial use will ensure public safet y by e nsuring the PI C is proficient a particular airframe. This will also mandate the pr oper documentation to prove this proficiency

. h. There is no request to exercise the privileges of your exemption outside the United States.
R espectfully submitted by Jacq u es Alleva