Michael D. Simmons 

138 Revell Road 

Crawfordville, FL 32327 

June 23, 2015 

U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 

14 CFR 91.9(b)(2); 14 

CFR 91.103;14 CFR 91 .109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 

91.203 (a) and (b); 14 CFR 

91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (1) and (2); 14 CFR 91.417(a) and (b) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Michael D. Simmons, 

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Operator of small Unmanned Aerial Systems (UAS), hereby applies for an exemption from the 

listed Federal Aviation Regulations to allow commercial operation of a small UAS, 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. Commercial operation small UAS, as 

described herein, which are equipped with cameras and sensors, would operate in the following 

manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, and other related professional activities. 2. Aerial video and/or 

photography for public and/or private use including television, public events, and 

cinematography. 3. Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority. 4. Aerial video/photography or 

providing live video feed to assist with search and rescue operations in cases of an emergency or 

natural disaster only when the local law enforcement and emergency management agencies have 

requested it by contract or donation. As described fully below, the requested exemption would 

permit the operation of small UAS under controlled conditions in the NAS that would be a) 

limited b) controlled c) predetermined and d) will provide safety enhancements to the already 

safe operations in the industry presently using conventional aircraft. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to "....establish requirements for the safe operation of such 

aircraft systems in the national airspace system." 

2. Michael D. Simmons - Request for exemption for commercial operation of small UAS 
The name, phone. email and address of the applicant: 

Name: Michael D. Simmons 

Phone: (850) 459-6770 

Email: bike4me@hotmail.com 

Address: 138 Revell Road Crawfordville, FL 32327 USA 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113(a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

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The small UAS's fleet which, I will be using are multi-rotor craft weighing no more than 201bs. 

including payload. Under normal conditions they operate at speeds of no more than 60 Mph or 

52 Knots and have the ability to hover and move along a vertical and horizontal plane 

simultaneously. They will operate in line of sight only and by the exempted person. Obeying all 

other local, state and federal laws. Given the small size of the small UAS and the controllcd 

environment provided, the proposed operations will adhere to the Reform Act's safety 

requirements. The approval of this application presents no national security issues. Regarding the 

level of safety surrounding the proposed operations and the public benefit, reduction in 

environmental impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly the applicant requests that the FAA 

grant the requested exemption witli minimum delay. 

3. Michael D. Simmons - Request for exemption for commercial operation of small UAS 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include: 

1.The small UAS will weigh less than 551bs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

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3. Maximum flight time for each operational flight will be 35 minutes or less. Flights will 

be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC) and but not required the Visual Observer (VO). 

6. The small UAS operator will be "Michael D. Simmons" ONLY not allowing any other 

person to operate the small UAS in a commercial capacity. 

7. A briefing will be performed regarding the planned small UAS operations prior to each 

day's flight consisting of all the days' production activities. 

8. The PIC will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission or direction of the 

FSDO, operations at closer range may be approved. 

9. The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show upon 

request their competent ability to operate the small UAS. 

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 
11.Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate governmental 

agencies when required. 

12.If the small UAS loses communications or loses GPS signal, the small UAS has a 

failsafe that gives it the capability to return to a pre-determined location within a designated 

location and land autonomously. 

13.The small UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies. 

4. Michael D. Simmons - Request for exemption for commercial operation of small UAS 

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, 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 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 particular small UAS. In all cases, an 

analysis of these criteria demonstrates that the small UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as 

N. 
safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The small UAS to be 

operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries 

no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance 

with local public safety requirements. These safety enhancements 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 small 

UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load and the PIC's experience 

and training in law enforcement. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 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 display on that aircraft 

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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. Even though the small UAS will have no airworthiness certificate, 

an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or 

pilot station on which the word "Experimental" can be placed. Given the size of the small UAS, 

two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety will be provided by having the small 

UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the small UAS will see the identification of the small UAS as "Experimental." 

5. Michael D. Simmons- Request for exemption for commercial operation of small UAS 

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 

14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire. Our small UAS do 

not cany any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 

61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The 

risks attendant to the operation of small UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the 

FOM will equate to the safe operation of the small UAS. 

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

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exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 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 combination thereof. The small UAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not 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 flight manual at the ground control point where the pilot flying the small UAS will have 

immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. The OPERATOR 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: Flight Instruction. 

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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 functioning dual 

controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box (remote) that 

communicates with the aircraft via radio communications. The FAA has approved exemptions 

for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. 

6. Michael D. Simmons - Request for exemption for commercial operation of small UAS 

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 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. As this exemption is for a small UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the small UAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the small UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated 

more than 100' above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. The equivalent level of safety will be achieved 

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given the size, weight, speed of the small UAS 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 of 

the advance notice to the property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack 

of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the small UAS will ensure separation between these small- UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

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

This regulation requires each person operating an 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 available before departure." As the small UAS 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 operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

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

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions 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, 

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to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the small UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the small UAS's proposed flight 

area and the location of its proposed operations within a predetermined area, a longer time frame 

for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to al leviate given 

the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes 

would greatly 

7. Michael D. Simmons - Request for exemption for commercial operation of small UAS reduce 

the utility for which the exemption will be granted. Applicant believes that an equivalent level of 

safety can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever 

happens first. This restriction would be more than adequate to return the small UAS to its 

planned landing zone from anywhere in its limited operating area. 

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

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may 

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate. ...(b) No person may operate a civil aircraft unless the airworthiness 

12 
certificate required by paragraph (a) of this section or a special flight authorization issued tunde - 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The small UAS fully loaded weighs no more than 551bs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the small UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the small UAS will have immediate 

access to them; to the extent they are applicable to the small UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections. 

These regulations require that an aircraft operator 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 the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small photography 

payload and operate only in restricted areas for limited periods of time. If inechanical issues arise 

the small UAS can land immediately and will be operating from no higher than 400 feet AGL. 

The operator will ensure that the small UAS is in working order prior to initiating flight, perform 

required maintenance, 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. An equivalent level of safety will be achieved 

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because maintenance and inspections will be performed in accordance with the sniall UAS 

Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in 

the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight 

and perform required maintenance needed. If such situation arises the operator will send the 

aircraft into a certified UAS repair service center. 

8. Michael D. Simmons - Request for exemption for commercial operation of small UAS 

The two small UAS's to be used are as follows but not limited to providing they are within the 

scope of the exemption granted by the FAA: 

DJI 1'hantom 3 Professional (P3P) 

• Weight (Battery & Propellers Included) —2.13 lbs. 

• Hover Accuracy Vertical: +/- 0.1 m(when Vision Positioning is active) or +/- 0.5 m 

• Horizontal Accuracy: +/- 1.5 m 

• Equipped with Vision Positioning System 

• Max Yaw Angular Velocity -2000/s 

• Max Tilt Angel -350 

• Max Ascent Speed —5 m/s 

• Max Descent Speed — 3 m/s 

• Max Flight Speed —16 m/s (ATTI mode, no wind) 

1. DJI P3P Battery 

• DJI Intelligent Flight Battery 4480mAH 4S LiPo Battery 

2. DJI P3P Gimbal 

• Pitch -900to +300 

• 3-axis Stabilization (pitch, roll, yaw) 

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3. DJI P3P HD Camera 

• Operating Temperature Range -0°C to 40°C 

• Sensor Size —Sony EXMOR 1/2.3" Effective pixels: 12.4 M 

• Effective Pixels —12.76M 

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 

• FHD: 1920x 1080p 24/25/30/48/50/60 

• HD: 1280020p 24/25/30/48/50/60 

• Recording Field of View -94° 20 mm 

4. DJI P3P Transmitter 

• Operating Frequency —2.400 GHz-2.483 GHz 

• Communication Distance (unobstructed) —FCC Compliance: 6000ft 

• Receiver Sensitivity -101 dBm t2 dBm 

• Transmitter Power —FCC Compliance: FCC: 20 dBm •CE: 16 dBm Working Voltage — 

1.2 A @7.4 V 

Matria S Quadcoptcr (Turbo Acc) 

• Dimensions Wingspan (including propellers) Diagona1=1110mm, Front=1000mm, 

Back=935mm 

• Folded (including propellers) W=295mm, L=780mm, H=110mm 

• Weight (Battery Included) 81bs. 

• Hovering Accuracy (GPS Mode) Vertical +/- 0.5 m Horizontal +/- 1.5 m 

• Max Angular Yaw Angular Velocity: 200/s 

• Velocity Pitch: 200deg/s 

• Max Tilt Angle 45deg/s 

• Max Ascent Speed +-6m/s 

• Max Decent Speed +-6m/s 

• Max Speed 23m/s (ATTI mode, no wind) 

• Wind Tolerance: Class 5 

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1.Matrix S Battery 

• Model Predator / TurboAce 

• Voltage 22.2v 6S 25C 

• Capacity 10000 and 8000mAh 

• 3C discharge rate 

• Net Weight 3.0 lbs. 

2. Matrix S Gimbal 

• Gyrox3 Brushless Gimbal for GoPro Hero4/3+/3 Camera 

• 3-Axis Precision CNC & Carbon Fiber Structural Integration 

• Premium Grade Brushless motors 22mm x l Omm stator size with 20% extra holding 

power. 

• Custom Designed & Balanced for the GoPro Hero 3/3+/4 

• Exceptional Fast Auto-Stabilization on three axis's (Pan-Axis, Tilt-Axis & Roll-Axis) 

• Extra Range of Movement for Pilot Control Tilt-Axis (Able to tilt straight down) 

• Advanced Gimbal Controller with State-of-the-Art Firmware 

• Top Performance Inertial Measuring Unit (IMU) 

3. Camera System 

• GoPro Hero 4 Black 

• 4K 30, 25, 24 Ultra Wide 3840x2160 4K Super View 24 Ultra Wide 3840x2160 2.7K 

601, 50, 48, 30, 25, 24 Ultra Wide, Medium 2704x1520 2.7K Super View 30, 25 Ultra 

Wide 2704x1520 2.7K 4:3 30, 25 Ultra Wide 2704x2028 1440p 80, 60, 50, 48, 30, 25, 24 

Ultra Wide 1920x1440 1080p 120, 90, 60, 50, 48, 30, 25, 24 Ultra Wide, Medium, 

Narrow2 1920x1080 1080p Super View 80, 60, 50, 48, 30, 25, 24 Ultra Wide 1920x1080 

• Effective Pixels -12MP (Default) Wide 4000 x 3000 

• Battery - Rechargeable lithium-ion battery Rated at 1160mAH, 3.8V, 4.4Wh 

4. Walkera Devo 10 Channel Controller 

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• Frequency 2.4 GHz 10 channel Direct Sequence Spread Spectrum (DSSS) 

• Communication Distance (unobstructed) —FCC Compliance: 6000ft 

• Sensitivity 105dbm 

• Battery 4.8-6v 1300mAh 

• Telemetry and vibration alarm functions 

Thank you in advance for your time and consideration with these exemptions. 

Sincerely, 

~ 

Michael D. 

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