Dear Sir orMadam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, Jeremy Roush., operator ofsmall Unmanned Aircraft Systems

( 11sUAS 11 ) equipped to; conduct aerial photography for the Agricultural Industry to help Farmers in the US get higher yield ontheir products and to help prevent contamination offarm lands if there was a manned aircraft accident, to provide real estate listing videos and photography for real estate professionals, to safely provide aerial video andphotographic inspection offacilities for the insurance industry, and to support businesses requiring enhanced marketing video photography, and use ofsystems in Construction, Site and Quarries Inspection hereby applies for an exemption from the listed Federal Aviation Regulations ( 11FARs 11 ) to allow commercial operation ofits sUASs, so long as such operations are conducted within and underthe conditions outlinedherein oras may be establishedbythe FAA as required by Section 333.
As described more fully below, the requested exemption would permitthe operation of small Unmanned andrelatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations inthe Agricultural and Oil and Gas Industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to 11 ••• establish requirements for the safe operation ofsuch aircraft systems inthe national airspace system. 11
The Business/Name and address ofthe applicant is:
Down BelowPhoto/Videography LLC Jeremy Roush (owner/PIC) 812-243-4717 downbelowjr@yahoo.com
The conditions proposed by the applicant are drawnfrom order 8900.1 CHG 0 Regulations from whichthe exemption is required
14 CFRPart 21 14 C.P.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR407 (a) (1)14 CFR409 (a) (2) 14 CFR417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress' goal inpassing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportationto consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine whichtypes ofsUASs do not create a hazard to users ofthe NAS or the public orpose athreat to national security in light ofthe following:

• The sUAS's size, weight, speed, and operational capability • Operation ofthe sUAS in close proximityto airports and populated areas; and • Operation ofthe sUAS within visual line ofsight ofthe operator.
Reform Act Section 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely inthe national airspace system, the Secretary Shall establishrequirements for the safe operation ofsuch aircraft inthe national airspace system." ID Section 333(c) (emphasis added)
The Federal Aviation Act expressively grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under section40101 oftheAct that includes sUASs, from the requirement that civil aircraft must have a current airworthiness certificate. Applicant interprets this provision to place the duty onthe Administrator not only process applicants for exemptions under section 333, but for the administratorto craft conditions for the safe operation ofthe UAS, ifit shouldbe determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
The Administrator may grant an exemption from a requirement ofa regulation prescribedunder subsection (a) or (b) ofthis section or any sections 44702-44716 ofthistitle ifthe Administrator finds the exemption inthe public interest. 49 U.S.C. Section 44701(f)
see also 49 USC Section44711(a); 49 USC Section44704; 14 CFR Section 91.203 (a) (1).
DownBelowPhoto Videography LLC/Jeremy Roush, operates sUASs mulitrotors weighing 55 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 70 knots. They will operate in a line ofsight and will operate only within the sterile areas made up of; Farm land, Gas and Oil Fields, PowerUtility Grid, Pipeline Inspection and Cell Towers locations, Construction Site and Quarries Inspection, restricted perimeters around listed real estate properties, restricted perimeters around structures requiring aerial inspections, and restricted perimeters around business entities requiring promotional video and/or photography.
Given the small size ofthe sUASs involved and restricted sterile environment within which they will operate, the applicant falls squarely withinthat zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allowcommercial operations ofsUASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in whichthe relevant sUASs will operate, approval ofthe applicationpresents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significantpublic benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions and chemical spills, exemptions associatedwith allowing sUASs for agricultural operations, oil and gas surveying operations. The grant ofthe requested exemptions is inthe public interest. Accordingly, the applicant respectfully requests thatthe FAA grant the requested exemption without delay.
AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY
The applicant proposes thatthe exemptionrequested herein apply to aircraft that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or evenhigher level ofsafety to operations underthe currentregulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusting currently being used with conventional aircraft.
1. The sUASs will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observing. 3. Maximumtotal flight time for each operational flight launch to land time is 4 hours for fixed wing operation. Flight operations ofMulitcopters is 90 minutes launchto land. Flights will be terminated at 25% batterypowerreserve. 4. Flights will be operated at an altitude ofno more than 400 feet AGL for rotorcraft and 1000 AGL for fixed wing and or200' above any manmade structure. 5. Minimum crew for each operation will consist ofthe sUAS Pilot, and Visual Observer. 6. No Visual Observerrequired when PIC is a Commercially Rated Pilot and operating at altitudes below400' AGL rotorcraft and fixed wing. 7. sUAS Pilot will be certified bythe aircraft manufacture for operations and have obtained at least a Sport Pilot license (LSA), No Medical required, valid driver's license required. 8. sUAS Pilot will be pilot in command (PIC). Ifa pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on site (i.e. the aerial coordinator), thatperson can also be designated as PIC. 9. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter" for the flight operations area. 10. A briefing will be conducted in regard to the planned sUAS operations priorto each day's production activities. Itwill be mandatory that all personal that will beperforming duties withinboundaries ofthe safety perimeterbe present for this briefing. 11. Pilot and observer will have been trained inthe operation ofUAS generally and received up-to-date information onthe particular UAS. Observer and Pilot will at all times be able to communicate by voice ortext. 12. Written and/or oral permission from the relevant property holders will be obtained. 13. Ifthe sUAS loses communications orit losses its GPS signal, the UAS will havecapability to returnto a pre-determined location within the Security Perimeter and land. 14. The sUAS will have capabilityto abort flight in case ofunpredictable obstacles or emergencies. 15. Section 333 Air Worthiness Exemption is transferable from manufacture to operator upon completion ofall requirements defined in this petition.
14 C.F.R. Part 21, Subpart H: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Actboth authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in a restricted environment and underthe conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate without the retractions and conditions proposed.
The sUAS to be operatedhere under is less than 55 lbs. fully loaded, carries neither a pilot norpassenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set forth in our S.O.P. Unlike other civil aircraft, operations under this exemption will betightly controlled and monitoredby boththe operator and, pursuant to the requirements, and in compliance to local public safetyrequirements, to provide security ofthe area ofoperation as is now done with conventional flag man. The FAA will have advance notice ofall operations. These safety enhancements, which already apply to civil aircraft operated in connectionto agricultural aerial applicators, provide a greater degree of safety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national securityposedby the sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. Section 45.23 (b). Marking ofthe aircraft
The regulation requires:
When marks include only the Roman capital letter "N" and the registration ofthe number is displayed on limited, restricted orin a light-sport category aircraft or experimental orprovisionally certified aircraft, the operatormust also display onthe aircraft near each entrance to the cabin, cockpit, orpilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light spot," "experimental," or "provisional," as applicable.Eventhough the sUAS will have no airworthiness certificate, and exemption may be needed as the sUAS will have no entrance to the cabin, cockpit orpilot station on whichthe word "experimental" canbe placed. Giventhe size ofthe sUAV, the two inch lettering will be impossible. The word "experimental" will be placed onthe fuselage in compliance with §45.29 (f).
The equivalent level ofsafety will be provided by having the sUA V marked on it fuselage as required by §45.29 (f) where thepilot, observer and others working with the sUAV will see the identification ofthe sUAV as "Experimental." The FAAhas issued the following exemptions to this regulation; ExemptionsNos. 10700, 8738, 10167A.
14 C.F.R. § 61.113 (a) 

### &(b): Private pilots Privileges and Limitations: Pilot in Command.
Sections 61.113 (a) & (b) limitpilots to non-commercial operations. Because the sUAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations byrequiring the PIC operating the aircraft to have a minimum ofa Sport Pilots Certificate rather than have a Commercial Pilots Certificate to operate this small UAS. Unlike a conventional aircraftthat carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area ofoperation is controlled andrestricted, and all flights are planned and coordinated in advance as set forth byin the S.O.P. The level ofsafety provided by the requirements included inthe S.O.P exceeds thatprovided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level ofrisk associated withthe operation ofcommercial operations contemplated with Part 61 when drafted, that allowing operations ofthe sUAS as requested with a recreational SportPilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61,113 (a) & (b).
14 C.F.R. §91.7 (a): Civil AircraftAirworthiness.
The regulation requires that no personmay operate a civil aircraft unless it is in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, shouldthis exemption be granted, no FAAregulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained inthe SOP for maintenance and the use ofsafety check lists priorto each flight, an equivalent level ofsafety will beprovided.
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft
Section 91.9 (b) (2) provides:
No personmay operate a U.S.-registered civil aircraft

... (2) For which an Airplane orRotorcraft FlightManual is notrequired by §21.5 of this chapter, unless there is available inthe aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, andplacard, or any combinationthereof.The sUAS, given its size and configuration has no ability orplace to carry such a flight manual onthe aircraft, not only because there is no pilot onboard, but because there is no room orcapacity to carry such an item onthe aircraft.
The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have access to it. The FAAhas issued the following exemptions to this regulation: ExemptionNos. 8607, 8737, 8738, 9299, 9299A, 9565,9565B, 10167, 10602,32827,and 10700.
14 C.F.R. § 91.103: Preflight action
This regulation requires eachpilotin commandto take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craftflight manuals will notbe provided as set forth in sections ofthe S.O.P., the PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.
14 C.F.R. §91.109: Flight instruction
Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.
sUASs and remotely controlled aircraft, by their design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft viaradio communications

.The FAAhas approved exemptions for flight training without fully functioning dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See exemption Nos.5778K & 9862A.
14 C.F.R. §91.119: Minimum safe altitudes
Section 91.119 establishes safe altitudes for operations ofcivil 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 exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL for rotorcraft and 1000 AGL for fixed-wing, ornot more than 200 above an elevated platform such as man made structures and radio towers, an exemption maybe needed to allow such operations. As set forth by herein, except for the limited conditions stated inthe SOP, the UAS will never operate higherthan 400 AGL for rotorcraft and 1000 AGL for fixed-wing. Itwill however be operated in a restricted areawith a security perimeter, where buildings and people will notbe exposedto operations without theirpreobtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe permissionofthe property owner or local officials. Because ofthe advance notice to the property owner and

# • participants in the activity, all affected individuals will be aware ofthe planned flight operations as set forth in the SOP. Comparedto flight operations with aircraft orrotorcraft weighing far more than the maximum 55lbs. proposedherein and the lack offlammable fuel, any risk associated with these operations is far less than those currently presented with conventional aircraft operating at orbelow 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation betweenthese sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings
This regulation requires eachperson operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemptionmaybe needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight.
14 C.F .R. §91.151(a): Fuel Requirements for Flightin VFR Conditions
Section 91.151 (a) prohibits and 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 ofintended landing, and assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) Atnight, to fly after that for at least 45 minutes."
The battery poweringthe sUAS provides approximately 3 hours ofpowered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 2 hours and 30 minutes inlength. Given the limitations onthe sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable

. Applicant believes that an exemption from 14 CFR(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporationto operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled areawhere only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisk that Section 91.151(a) was intended to alleviate given the size speed ofthe sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 2 hrs 30 minutes or25% ofbatterypower, for both fixed wing androtorcraft, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similarexemptions have been granted to other operations, including Exemptions 2689F,

# • 5745, 10673, and 10808.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
The regulation provides in pertinentpart: (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 certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers orcrew.
The sUAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents or display them onthe sUAS.
Anequivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them; to the extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exemptions includes ExemptionNos. 9565,9665,9789,9789A,9797,9816A, 10700.
14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)
These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 of this chapter

... ,"andothers shall inspect ormaintainthe aircraft in compliance withpart 43.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operatorpursuantto the flight manual and operating checklist. An equivalentlevel ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limitedperiods oftime. 

### Ifmechanical issues arise the sUAS can land immediately and will be operating no higher than 400 feet AGL for rotorcraft and 1000 AGL for fixed-wing. As provided inthe SOP, the operator will ensure that the sUAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suitedto maintain the aircraft in an airworthy conditionto provide the equivalent level of safety.

### I Pursuantto 14 C.F.RPart 11, the following summary is provided for publication inthe Federal Register, should itbe determined thatpublication is needed: Applicant seeks an exemption from the following rules:
14 C.P.R. §21, subpart H; 14 C.F.R45.23 (b); 14 C.P.R.§§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3dMapping Service Operations, Oil and Gas Exploration and Pipeline Inspection. Approval ofexemptions allowing commercial operations ofsUASs in the Agricultural 3d mapping/scanning, Oil & Gas Exploration, Pipeline and Tower InspectionIndustry, Construction Site and Quarries Inspection, restricted perimeters around listed real estate properties, restricted perimeters around structures requiring aerial inspections, and restricted perimeters around business entities requiring promotional video and/orphotography, will enhance safety by reducing risk. Conventional operations usingjetorpiston aircraft operate at extremely low altitudesjustfeet from the equipment and livestock and structures and presentthe risks associated with vehicles that weigh inthe neighborhood of3,000-5,000 lbs. This equipment can carry large amounts of jetA orotherfuel. Helicopters operate with 140 gallon fuel intheir tanks in most operations which couldbe a significantrisk to the environment. The sUAS will carryno passengers orcrewandtherefore will not expose them to the risks associated withmanned aircraft flights.
The operations ofsmall UASs, weighing less then 55 lbs., conducted inthe strict conditions outlined above, will provide an equivalent level ofsafety supportingthe grant ofthe Part 21 and allowing commercial operations. These lightweight UAVs operate at slow speeds, close to the ground and in sterile environment and as a result are far safer than conventional operations conducted with a piston and orturbine aircraft operating close to the ground.
Public Acknowledgement/Privacy
All Flights will occur only once the property ownerhas authorized operationsto be conducted. Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximityto populated areas and or close proximityto airports and operations within visual line ofsightprovides morethen adequatejustificationfor the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS inthe commercial industry described in this exemptionpetition.

## Sincerely,**~**

Je. 

### my Roush
Down BelowPhoto/Videography LLC