May 28, 2015

U.S. Department 

### of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC20590

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

### of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 

### of the FAA Modernization and Reform Act 

### of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Jason Schott, the operator 

### of small Unmanned Aircraft Systems ("sUAS"), seeks an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in Appendix A. Attached as Attachment 8 and Attachment C is a summary of this request.

The requested exemption would permit commercial operation of lason Schott sUAS's, which weigh approximately 5 Ibs. and performs aerial surveys and videography that consists of still photographs and videography tnken by on board cameras. The sUAS's takes a series of high quality, still digital images and video that are used to promote real estate sales and survey in Colorado. Additional aerial inspections/survey applications may include construction jobsite monitoring, pipeline inspection and precision topological surveys. Use of the sUAS for aerial inspections and surveys reduce the need to utilize conventional manned aircraft, manned lifting devices or manned climbing for the same purpose and provides very high quality imagery at a fraction of the cost. These savings result in enhanced safety, efficiency and productivity for the affected activities, as well as environmental benefits.

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize commercial operations of aerial photos, video and inspections or surveys using the sUAS's, which weigh less than 5 Ibs. and are small in size. (See attoched O&M manuals for the DJI Phantom 2 Vision+). The sUAS's will be op rated under controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein; it will have automated control features as described below and in the O&M manuals. The sUAS also will be operated by an individual who is a member 

### of the AMA (Academy of Model Aeronautics) and has loggesd 50' hours flying the named sUAS. Finally, the airspoce in which the sUAS will operate will be Class G airspace or airspace approved by the FAA in advancelason Schott respectfully submits that because these small, unmanned aerial vehicles will be used in lieu 

### ofcomparatively

hazardous operations now conducted with fixed wing and rotary conventional aircraft or other manned means 

### ofinspections, the FAA can have confidence that the operations will achieve at least the equivalent level or greater level 

### ofsafety. Approval of the exemptions would thereby enhance safety and 

### fulfill the Secretary 

### of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) 

### of the Reform Act to "establish requirements for the safe operation 

### ofsuch aircraft systems in the national airspace system."

The name and address of the applicant are: lason Schott Ph: 303-513-7795 Emoil:josonschott65@gmail.com Address: 1212 South Kimbark Street

Longmont Colorado 80501

The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; 14 C.F.R. 45.13(b) 14 C. F. R 45(c) 14 C. F. R 47 14 C. F. R 61.23(a); 14 C.F.R. 61.113(a) & (b); 14 C. F. R. 61.133 (a); 14 C. F. R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14C. F. R. 91.109(a); 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) &(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. 91.417(a) &(b). Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level 

### ofsafety, and are in the public interest.

The Applicable Lega/ Standard under Section 333

Jason Schott submits that grant 

### of this exemption application for use 

### of the proposed UAS's in precision aerial inspections will advance the Congressional mandate in Section 333 

### of the Reform Act to accelerate the introduction 

### of UASs into the national airspace system ("NAS") 

### if it can be accomplished safely. This law directs the Secretary 

### of Transportation to consider whether certain UASs may operate safely in the NAS before completion 

### of the rulemaking required under the Section 332 

### of the Reform Act. In making this determination, the Secretary is required to determine which types 

### of UASs do not create a hazard to users 

### of the NAS or the public or pose a threat to national security in the light 

### of the following:

• The UAS's size, weight, speed and operational capability; • Operation 

### of the sUAS in closed proximity to airports and populated areas; and • Operation 

### of the UAS within visual line 

### ofsight 

### of the operator.
Reform Act §333(a)(1). If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirement for the safe operation 

### ofsuch aircraft in the national airspace system. " Id. §333(c) (emphasis added).1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 

### of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

The Admfnistrator may grant an exemption from a requirement 

### ofa regulation prescribed undersubsection (a) or (b) 

### of this section or any 

### of the sections 44 702-44 71 6 

### ofthis title 

### if the Administrator finds the exemption is in the public interest.

lApplicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, 

### ifhe deems the conditions proposed herein require modification in order to allowapproval, to supply conditions for the safe operation of UAS. lason Schott welcomes the opportunity to consult with FAA staff in

order to address any issues or concerns that this proposal may raise that they believe may require modification. 49 U.S.C. §44701(f). See also 49 U.S.C. §44721 (a); 49 U.S.C. §44704; 14 C.F.R. §91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial inspections and survey photography and real estate photography. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Airworthiness 

### ofthe sUAS

A critical element of the exemption application involves evidence of the airworthiness oft he sUAS. The Federal Aviation Act (49 U.S. C. §44701 

## (f) and Section 333 of the Reform Act both autharize 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 sUAS. Our small UAS's will operate at low speed in a controlled environment, at least five miles from an airport or dense/y populated area. An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be a least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

Mandatory Operating Conditions (see O&M and Safety lists) Grant of the exemption to lason Schott will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of sUAS by public entities pursuant to Certificates of Authorization, with additional restrictions:

• All operations to occur in Class G airspace. • Operations to avoid congested or populated areas, which are depicted in yellow on VFR charts. • Operations to be conducted over private or controlled-access property. • Permission from land owner/controller required before commencing flight. • Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). • Aircraft to remoin within Visual Line of Sight (VLOS). VLOS guaranteed with a cylinder of operation around operator of 112 nautica/ miles (NM). Cylinder walls may be expanded by observer with ability to control aircraft.• Operations to occur during daylight hours. • Above Ground Level (AGL) altitude to be restricted to 400 feet. • All operations conducted in vicinity 

### of airport to remain more than 2.5 NM from centerline azimuth 

### of runwoy centerline measured from runway thresholds • All required permissions and permits will be obtained from territorial, stat e, county or City jurisdictions, including local law enforcement, fire, or other oppropriate governmental agencies.

Operator Requirements lason Schott respectfully purposes that operator requirements should take into Account the characteristics 

### of the particular UAS. Certain UASs, such as the Dll Phantom 2 Vision+, are characterized by a high degree 

### of control and various built-in technical capabilities that limit the potential for operation outside 

### of the operating conditions set forth above. Please see details in the attached O&M manuals. Additional automated safety functions and safety enhancing features 

### of the sUAS's include the following: • Auto-pilot detection 

### of lost GPS or 

### of insufficient satellites initiates an immediate return

to aircraft take-off location ("home"). • Low power on the aircraft triggers escalating alarms at GCS. • If the auto-pilot detects a lost-link to the GCS, landing procedure begins. Given these safety features, lason Schott proposes that operators of the sUAS should not be required to hold a commercial pilot certification. Instead, operators should be required to:

• Hold a private pilot license and have a current medical certification. • Have completed the manufacturer's training or a minimum of 10 hours training program for operation of the sUAS's.

lason Schott notes that the FAA has found that safety factors permitted operation of sUASs by operators with these qualifications in the cose 

### of operations pursuant to public COAs when the mandatory operating conditions specified above were present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the requirements for and privileges associated with the gront 

### of airmen's certificates. 49 USC §44701 

### (f).In summary, applicant seeks an exemption from the FARs set forth above in Appendix A to allow commercial operations of a

sUAS's conducting precision aerial inspections or surveys and real estate photos.

Approval of the exemption allowing commercial operations of the sUASfor precision inspection, survey work, and real estate photos will enhance safety by reducing risk. Conventional aerial inspection, survey operations, and real estate photos, using jet or piston powered aircraft present risks associated with vehicles that weigh in the neighborhood of 5,000 to 7,000 Ibs., or more, carry large quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. Other conventional manned climbing or manned lifts risk safety hazards associated with falls, electrical hazards, fuel related hazards, and inhalation associated with the structures being inspected. In contrast, a sUAS weighing less than 15 Ibs. and powered by batteries eliminates a portion of that risk given the reduced mass and lack of combustible fuel carried on board a manned aircraft and the lack of risks associated with manned lifts or manned climbing apparatus. The sUAS will carry no passengers or crew and, therefore; will not expose any individuals to the risks associated with manned aircraft flights, manned lifts or climbing hazards.

Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the sUAS poses no threat to national security.

The operation of the sUAS, weighing less than 15 Ibs. for inspections, surveys, and real estate photos in accordance with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting Jason Schott from the requirements of Part 21.

The sUAS's satisfaction of the criteria set forth in Section 333 ofthe Reform Act-size, weight speed, operating capabilities, lack of proximity to airports and populated areas, operation within visual line of sight, and national security-and its showing of an equivalent level of safety as it may relate to the requirement for FAA training, provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of the sUAS in the commercial aerial inspection, survey, and real estate photo business. Thank you in advance for y r ti e



## ~ lason Schott

Enclosures Appendix A: Exemption Request and Equivalent Level of Safety Showings under Applicable Rules Subject to ExemptionAttachment 8: DJI Phantom 2 Vision+ O&M Manual

Attachment C: Safety Checklists