Lynn James French

dba Fl ytImagery 79970 Road 447 Broken Bow, NE. 68822 308
- 872
- 5423 June 1 , 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey

Ave., SE West Building Ground Floor Room W12
- 140 Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Administrators , Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Lynn James French dba Fl ytImagery, a private pilot, agriculture entrepreneur, and sUA S owner, hereb y applies for an exemption from the Federal Aviation Regulations (“FARs”) listed in section 2 to allow commercial operation of the small Unmanned Aircraft S ystem s ( sUAS ) listed below within the Continental United States (CONUS) so long as operations are conducted under the limitations outlined here in or as may

be established by

the FAA as required by

section 333. The requested exemptions would authorize commercial operations for precision agriculture, real estate surveillance, structural inspections, and aerial photography that could be performed more safely within the U.S. National air space than with the use of manned aircraft. The approval of this request will, in part, allow improved predictive indicators of crop stress to assist production design, predictive crop yi elds, overall water use red

uction, pest control, nutritional input management, repair assessment of structural systems , and beneficial usage from general photography

. Operations will be performed onl y on owned property or with the authorization and permission of other property owners or their authorized agents. Given the small size , weight, speed, and limited operating area of the sUAS involved , and the remote and restricted environment within which they will operate, approval of the application presents no national security issue. Due to the reduce environmental impact from several aspects and the strong level of safety surrounding the proposed operations associated with allowing sUAS for commercial operations, it can be assured that granting these requested ex emptions is in the public interest (see section 4 below). The limitations outlined in this request, provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to employees, ground personnel, or pilot and crew operations that would otherwise be conducted with conventional aircraft , and because of the very high level of safety standards outlined in the operating conditions below ( see section 5 below). Therefore , the applicant respectfull y requests that FAA grant the requested exemption without delay

.

## Table **of Contents** 

**Operating Condition s**  **...... .................................**  **.............................. 2**  **sUAS Description ..........................................................................** **3 Name and address of**  **applicant............................. ..................................**  **4 Section of 14 CFR from which and exemption is being**  **requested .**  **... ................**  **4 The extent of relief being sought and the reason for the relief**  **........................ 5**  **How this request would benefit the public as a whole**  **....... ...........................**  **5 Reasons why granting this exemption would not adversely affect safety**  **........... .**  **5 Federal Registry summary ...**  **................................................................ .**  **6 Appendi** **x A ..**  **.................................................................................... .**  **7**
**Operating Conditions:** Grant of the exemption would be subject to the following operating conditions and operated in the rural central Nebraska area in accordance with conditions set forth by the Academy o f Model Aeronautics and by a Pilot In Command (PIC) who :

 Maintains a minimum Private Pilot certificate operating the sUAS with the knowledge of regulations as they

pertain to safety and airspace restrictions afforded b y this privilege.  Has a valid driver’s license.  Completed the manufacturer provided training program.  Maintain s visual line of sight of the aircraft throughout its operation by unaided human vision other than corrective lenses as specified on the FAA airmen medical certificate.  Ensures the flight would be discontinued if a hazard to other aircraft, people, or property existed.  Assesses weather conditions, airspace restrictions , and location of people to lessen risks if accidental loss of control should occur. Potential landing areas in the event of an emergency would be identified.  Ensures flight would not occur over people except those directly responsible for the flight.  Ensures f

lights would be limited to 4 00 feet altitude

.  All flights will be operated during day time VFR conditions.  Ensures f

lights would remain out of airport flight paths and restricted airspace areas, and obey FAA Temporary

Flight Restrictions (TFR’s).  Ensures no objects will be dropped from the sUAS.  Performs pre - flight safety inspections according to the manufacturer including verification of communications links. Maintains the sUAS in optimal condition according to manufacturer recommendations and

continual upkeep of wear or damaged components.  Performs a functional flight test prior to conducting further operations under this exemption whenever critical flight components have been replaced that would affect the sUAS operation or flight characteristics. Flight tests would remain at least 500 feet from other persons and be conducted in such a manner so as not to impose an undue hazard to persons and property.  Utilizes a Visual Observer (VO) in order to identify other aircraft and objects in the airspace during the flight s o that the sUAS will be the first to maneuver away

.  Ensure operations conducted within five miles from an airport shall only b e initiated when the following conditions are met: o Airport is not a medium or large airport. o C oordination with the airport authority, or air traffic control when a control tower is present. o Airport UNICOM frequency when applicable is monitored and flight intentions are communicated. o Flight maneuvers will be initiated to remain clear of traffic as visually observed or when communicated on the UNICOM frequency by the pilot or control tower

.  Will not operate the sUAS from any moving device or vehicle.  The sUAS will be operated at speeds under 4 0 knots.  The sUAS will not be operated in winds exceeding 25 knots and consistent with any manufacturer recommendations.  Flight time will be limited in duration to ensure that no less than 10% battery power remains upon landing.  Verifies that if the sUAS loses communications or loses its GPS signal, it can return to a pre- determined location and land within the private or controlled

- access property
.  All operations shall comply with required permissions and permits established by territorial, state, county, or city

j urisdictions; including local law enforcement, fire, or other appropriate governmental agencies.

**sUAS Descr iption**  **:** The following sUAS aircraft are being requested for approval with this petition. A) AgEagle: Features of the AgEagle include: ● Time and flight proven design in Kansas and Nebraska environmental conditions. ● Silent and reliable battery powered electric fixed wing aircraft with a wingspan of approximately 56 inches. ● Take

- off weight of approximately 7.5 pounds including payload. ● Failsafe controls for emergency landings

. ● Automated low battery return
. ● Laser provisions in the wing allow for automated feather soft landings. ● Automated preflight s ystem performance checks and calibrations

. ● A preflight checklist for the sUAS operator
. ● Limited range governed by an approximate 40 minute operational time with fly-away failsafes

. ● Load carrying capacity limited to a single sensor approximate to the size of a consumerpoint-and-shoot camera

● A cruising speed of approximately 35 knots governed by

software failsafes

. ● Multiple failsafe measures inherent to the design of the system implemented to ensure safe flight, recovery and incident mitigation. B) DJIPhantom 3: Features of the DJ I Phantom 3 include: ● Based on the highl y successful consumer grade Phantom line of DJ I quadcopters. ● Battery

powered quad rotor unmanned aircraft and handheld ground control station. ● Maximum diameter of less than 24 inches. ● Take

- off weight of approximately 2.8 pounds. ● It has fail safe modes of operation for either loss of RC or GPS signal. ● Automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. ● Limited range governed by the battery for an approximate 25 minute operational time. ● Load carrying capacity limited to a single sensor approximate to the size of a consumer point-and-shoot camera ● Maximum speed less than 32 knots. ● Internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain geospatial orientation and position. ● T elemetry

information is transmitted back to a ground control station allowing the PI C to monitor battery

level, GPS signal strength, altitude (AGL), distance from PIC
. ● Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed b y the PIC

.
**1) Name and Address of Applicant is:**  Lynn James French, dba Fl ytImagery 79970 Road 447 Broken Bow, NE. 68822 Phone: 308

- 872
- 5423 **2) Section of 14 CFR from which and exemption is being requested:**  a. Exemption of the following sections of 14 CFR are be requested

.

• 14 C.F.R. 21 Certification Procedures for Products and Parts

• 14 C.F.R. 61.113(a) Private Pilot privileges and limitations

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

• 14 C.F.R. 91.119 ( c) Minimum safe altitudes

• 14 C.F.R. 91.121 Altimeter settings

• 14 C.F.R. 91.151(a) (1) Fuel requirements for VFR flight

• 14 C.F.R. 91.405(a) Maintenance Required

• 14 C.F.R. 91.407(a)(1) Operation after Maintenance, Rebuilding, or Altercation.

• 14 C.F.R. 91.409(a)(1)&(2) Inspection s
• 14 C.F.R. 91.417(a)&(b) Maintenance records**3) The extent of relief being sought and**  **the reason for the relief:**

a. See Appendix A **4) How**  **this request would benefit the public as a whole:** a. Utilizing sUAS in the agricultural industry for precision surveys, real estate surveillance, structural inspections, and aerial photography, is in the public interest because it provides timely access to large amounts of survey data via environmentally friendl y means . This enabl es growers to improve the productivity of the crop b y more accurately identifying and correcting crop stress factors. In many cases , crop nutrients can be reduc ed in areas determined to already be healthy. Alternatives to utilizing sUAS technology erodes the competitiveness of the US food supply simply due to its reduced efficiency, increased cost , and lack of data preci sion. These alternative s might include satellite imagery which is less competitive and is not often available in the instantaneous time frames needed to detect and react to crop health issues. Manned aerial survey is another alternative which emplo ys the u se of full size aircraft . While the results can be similar, the process comes at a higher cost and a more time consuming process. This process is less able to operate safel y close to the ground where higher resolution detail is needed. Additionall y, the proposed sUAS operate off of stored electric energy, reducing the environmental impact from engine emissions and hazards associated with stored onboard fuel in the aircraft

. A third alternative includes ground scouting anal ys is which involves personnel visually inspecting crops for health and yi eld. This process is very limited by

the amount of area a person can cover on foot over a period of time

– again reducing the value and increasing the cost of the results as compared to sUAS technology

. In summary, approval of this exemption for commercial operations is in the best public interest by :

- Helping to keep the US food supply competitive through increased efficiency and reduced cost.

- Reduced environmental impact from the reduction in emissions that are traditionally created from manned flights performing the same task.

- Reduced environmental impact from the reduction of fertilizer requirements through precise identification of areas that may not require applications when compared to sur rounding areas which do.

- Improved safety of the general public when compared to the hazards associated equivalent manned flights at low altitudes. **5) Reasons why granting this exemption would not adversely affect safety and how the exemption**  **would provide a level of safety at least equal to the existing rule.**  a. The proposed operations outlined in this petition would not adversely affect safety and will provide a greater level of safety than the existing rule for the following key reasons : i. The sUAS would be operated by a certificated pilot with current medical who utilizes the knowledge of airspace regulations and flight safety to ensure the operation of sUAS is consistent with these requirements and the safety of fellow pilots of manned aircraft

. ii. The operation of small battery powered s UAS, weighing less than ten pounds , flying at speeds less than 40 knots, and conducted in the strict conditions outlined in the Operating Conditions listed above, will provide a higher level of safety than existing rule utilizing manned aircraft and that of the currently proposed rules for smallunmanned aircraft s ystems. Conventional operations conducted with manned aircraft have elevated risks for the following reasons: 1. Operations are in large aircraft carrying large amounts of fuel and operating at extremely low altitudes while in close proximity to people, animals, and structures. The opportunity for emergency

landings in event of aircraft failure are limited because of these operating conditions and therefore put the public in danger. 2. Manned aircraft equipped for the operations requested in this exemption have a flight crew on board to operate the imaging equipment. The aircraft, pilot, and crew must travel from an airport to the target area, fly multiple passes acros s the surveillance area, and return to the airport. These flights must pass over many property owners to achieve their objective. This exposes both flight crew and ground personnel to noise, emissions, and safety risks associated with such operations. In summary, the sUAS proposed in this exemption are battery powered, small, lightweight, hand carried to the surveillance sight (not flown) , and operated b y a certificated pilot. These safety enhancements virtually

eliminate the risks outlined above and provi de for a level of safety better than the existing rule. **6) Federal Registry Summary**  Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed : Docket No.: ________________ Petitioner: Lynn James French dba Fl ytImagery Section s of 14 CFR: 14 C.F.R. 21, 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.405(a) , 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1)&(2), 14 C.F.R. 91.417(a)&(b) Description of Relief Sought: Lynn James French, dba Fl ytImagery, is seeking an exemption pursuant to 14 CFR and Section 333 of the FAA Modernization and Reform Act of 2012. The exemption will permit safe operation of the above name sUAS commercially f or the purpose of conducting precision agriculture operations, real estate surveillance, structural inspections, and aerial photography that could be performed more safel y within the U.S. National air space than with the use of manned aircraft.
Based upon the foregoing, Lynn James French dba Fl ytImagery, requests that the FAA grant the necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. §44701(f) of the Federal Aviation Act as requested herein to allow commercial operations within the continental United States. Submitted on June 1 , 2015 Respectfully

submitted , Lynn James French, dba Fly tImagery

## APPENDIX **A: The Extent of the Relief being Sought and the Reason for the Relief** 

Lynn James French dba Fly tImagery, requests an exemption from the regulations listed in section 2 to the extent described below as well as any additional regulations that may technically

a pply to the operation of the aircraft : **14 C.F.R. Part 21, Subpart H: Certification Procedures for Products and Parts, Subpart H** 

**– Airworthiness Certificates**  Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS , its weight, sp eed, operational capability, its proximity to airports and populated areas , and the operating conditions outlined in this petition, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon the consideration described herein. **14 C.F.R. § 61.113 (a)**  **: Private Pi** **lot Privileges and Limitations: Pilot in Command** Section 61.113(a) limit s private pilots to non- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this petition are remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of any aircraft for compensation or hire. While airspace knowledge and requirements remain the same for both private and commercial pilots, and while sUAS do not present the safety hazards around non- airspace issues such as on-board occupants, it is an equivalent level of safety for private pilots to serve as pilot of command of a sUAS for compensation or hire. Additionally, the sUAS in this petition have an autonomous navigation and control system with GPS guidance along with a high degree of pre -programmed limitations to prevent the potential for operation outside of the airspace restriction s established. Automated controls enable safe, reliable operation, as well as advanced networking capabilities. As such, nearly all operations that would be traditionally handled by a commercial pilot are handled by the intelligent systems in the aircraft. Given the fact that there are no occupants or cargo in the aircraft and the fact that the s afety features of the sUAS are highl y software controlled and monitored in real

- time with a specific flight management systems , it is propose d that pilot in command should not b e required to hold a commercial pilot certification but rather be able to utilize the privileges of a private pilot certificate for commercial purposes of operating a sUAS. Given these conditions and the size, speed, operational capabilities, and lack of combustible fuel, the risks associated with private pilot operations are diminished such that allowing operations set forth would meet or exceed the current level of safety. **14 C.F.R. § 91.7 (a): Civil aircraft airworthiness** This regulation requires that no person may operate a civil aircraft unless it is in airworthy c ondition. Should the exemption be granted allowing commercial operation of the petitioned sUAS without an airworthiness certificate, no standard will exi st for airworthiness of these aircraft

. Given the successful track record of these aircraft combined with the fault monitoring and other provision previously mentioned herein, an equivalent level of safety will be achieved by

insuring compliance with the manufacturer’s manuals for maintenance, safety, and pre

- flight prior to each flight. **14 CFR § 91.119 (c)**  **: Minimum Safe Altitudes**  **: General** This regulation provides that over sparsely p opulated areas the aircraft cannot be operated closer than 500 feet to any

p erson, vessel, vehicl e, or structure. Because flight operations for precision agriculture, real estate surveillance, structural inspections, and aerial photography are required to be performed at relativel y low altitudes (below 400 feet) an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved because the se aircraft will only f ly over private property with the permission of the landowner and will not be operated in congested or populated areas. Despite flying at lower altitudes than more conventional manned aircraft, an equivalent level of safety will be achieved given the size, weight, speed, and material with which the aircraft are built. Additionally the aircraft are not designed for transit but rather for limited flights for a specific purpose. Because of this inherent constraint, it is considered that the lowered minimum safe altitude will provide an improved or equivalent level of safety c ompared to large aircraft with pilot, passenger, flamma ble fuel, and cargo transitioning across many miles to perform its duties.
**14 CFR 91.121**

**– Altimeter settings**  This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the c ase may b e, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;

• Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. Due to the very

l imited area of operation afforded by l ine of sight operation and the low altitudes with which these operations are targeted, the intent of this section does not affect the level of safety f or sUAS operations To provide an equivalent level of safety, ground level reference altitude s are established in part by onboard GPS during the pre

- flight tests. **14 C.F.R. § 91.151 (a)**  **(1) : Fuel Requirements for Flight in VFR Conditions**  The regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.Given that the flights of the proposed aircraft are much shorter in duration (less than 40 minutes), have a

limited area of operation , and limited size, weight, and speed, an equivalent level of safety is achieved through built in battery

power monitoring provisions and the Operating Conditions outline in this petition. Those conditions coupled with the built in low battery “return to home” features and fail safe checks built into the aircraft will provide an equivalent level of safety. **14 C.F.R. § 91.405 (a) :**  **Maintenance Required** Maintenance of the petitioned sUAS is performed by the operator in accordance with the instruction materials provided by

the manufacturer and as provided during training as applicable. An equivalent level of safety can be achieved in lieu of the current rule when these instructions and training are followed and because the inherent properties of the aircraft which include:

- Small size and mechanical simplicity due to small electronic motors controlled by highl y refined electronic circuits as compared to conventional aircraft with large fuel propelled engines controlled b y a complex series of mechanical systems and linkages re quiring a high level of skill b y the maintenance crew

.

- Lack of cargo, crew, or passengers.

- Very limited area of remote operation dictated b y line of sight. As provided in the manuals and the operating conditions outlined in this exemption, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. It is also recognized that the trained operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy c ondition and to ensure and equivalent level of safety. Key e lement s of the aircraft are designe d to be easily changed (i.e. propellers) by trained operators such that the aircraft is easil y kept in an airworthy state. **14 CFR § 91.407 (a) (1): Operation after Maintenance,**  **Preventive Maintenance, Rebuilding or Al** **tercations** This section applies only to aircraft with an airworthiness certificate, there fore these sections would need exemption. The maintenance, preventative maintenance, rebuilding, and alterations will be performed by the operator pursuant to the manufacturer’s recommendations and the operating conditions outlined in this petition. The aircraft will be discrepancy f ree prior to initiating flight and will be grounded if mechanical issues are discovered. The operator will consult with the manufacture regarding any unresolved discrepancies until they

have been restored back to factory standards. Additionally, the simplicity of the aircraft by

design facilitates limited wear parts and ability f or basic field maintenance. These aircraft attributes and procedures will provide an equivalent level of safety . **14 CFR § 91.409 (a) (1) & (2): Inspections** This section applies only to aircraft with an airworthiness certificate, therefore these sections would need exemption

. Pre
- flight and post- flight inspections will be accomplished by the operator to the manufacturer’s recommendations and as outlined in the operating conditions. Any discrepancies discovered during inspections will be resolved before further flight. An equivalent level of safety i s achieved because of these inspections and the limitations o f the aircraft and flight which include: f lights under 400 feet , small size, limited area of operation, and lack of cargo, crew, or passengers.**14 CFR § 91.417 (a) &**  **( b**  **): Maintenance Records** 

This section applies only to aircraft with an airworthiness certificate and therefore these sections would need exemption. Maintenance will be accomplished by the operator pursuant to the manufacturer’s recommendati ons and the operating conditions outlined in this petition. The operator will maintain records of maintenance performed

. An equivalent level o f safety will be achieved through the inspection and maintenance outlined above and by the records of maintenance and repair that will be kept as outlined in this section.