Request for Section 333 Exemption

Contact Information

Sam Theurer

Synaptic Visuals, LLC

13136 Colton Ln

Darnestown, MD 20878

301­337­7024

sam@synapticvisuals.com

Exemption Requested

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F. R. 91.119

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R.

§91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, The

Federal Aviation Act (49 U.S.C.§44701 (f)) andSection 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 UAS. In all cases,

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 at least as safe, or

safer, than a conventional aircraft operating with an airworthiness

certificate without the restrictions and conditions proposed. The

UAS to be operated is less than 55 lbs. fully loaded, carries

neither a pilot nor passenger, carries no explosive materials or

flammable liquid fuels, and operates below 200ft AGL. For these

reasons there is no credible threat to national security posed by

the 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.

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 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. As the UAS will have no

airworthiness certificate or sufficient area to apply the appropriate

placards an exemption may be needed.

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 exemption be

granted, aircraft operator will ensure its airworthy condition prior

to every flight.

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 UAS, given its size and has no ability or place to carry such a

flight manual on the aircraft, we propose to keep the flight manual

on the ground within reach of the pilot.

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

UAS the exemption requests authority to operate at altitudes up to

200ft AGL, an exemption may be needed to allow such

operations.
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, 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 UAS provides approximately 25 minutes of powered

flight insufficient to meet the required 30. I believe an equivalent

level of safety can be achieved by limiting flights to 25 minutes or

25% of battery power whichever happens first. This restriction

would be more than adequate to return the UAS to its planned

landing zone.

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

certificate required by paragraph (a) of this section or a special

flight authorization issued under §91.715 is displayed at the cabin

or cockpit entrance so that it is legible to passengers or crew.
The UAS fully loaded weighs less than 55 lbs. 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 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 should not apply.

Maintenance will be accomplished by the operator in accordance

to the operator’s manual.

Extent of Relief Being Sought

I am hereby requesting a Certificate of Waiver or Authorization

(COA) for commercial photographic UAS flights at or below 200

feet for aircraft that weigh less than 55 pounds, operate during

daytime Visual Flight Rules (VFR) conditions, operate within

visual line of sight (VLOS) of the pilots, and staying the following

specified distances away from airports or heliports:

• 5 nautical miles (NM) from an airport having an operational

control tower; or
• 3 NM from an airport with a published instrument flight

procedure, but not an operational tower; or

• 2 NM from an airport without a published instrument flight

procedure or an operational tower; or

• 2 NM from a heliport with a published instrument flight

procedure

Benefits

These changes will allow the use of small commercial UAS to

perform tasks that previously required low flying aircraft or

rotorcraft. By using small UAS no pilots, property, or bystanders

will be put at significant risk.

Safety

1. The intended UAS will be a DJI Inspire 1 weighing 6.5lbs (less

than the maximum 55 lbs.)

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

observer.

3. Maximum total flight time for each flight will be less than 25

minutes. Flights will be terminated at 25% battery power reserve

should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no more than 200 feet

AGL.

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

and the Visual Observer.
6. A briefing will be conducted in regard to the planned UAS

operations prior to each flight.

7. The operator will obtain the consent of all persons involved in

the filming and ensure that only consenting persons will be

allowed in the immediate area.

8. Pilot and observer will have been trained in operation of UAS

generally and received up To date information on the particular

UAS to be operated.

9. Observer and pilot will at all times be able to communicate.

10. Written and/or oral permission from the relevant property

holders will be obtained.

11. All required permissions and permits will be obtained from

territorial, state, county or city jurisdictions, including local law

enforcement, fire, or other appropriate governmental agencies.

12. If the UAS loses communications or loses its GPS signal, the

UAS will have capability to return to a predetermined location.

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

unpredicted obstacles or emergencies.

Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided

for publication in the Federal Register, should it be determined

that publication is needed: Applicant seeks an exemption from

the following rules:
14 CFR Part 2114 C.F.R. 45.23(b)14 C.F.R. 91.7 (a)14 CFR

91.9 (b) (2)14 C.F. R. 91.11914 CFR 91.151 (a)14 CFR

91.203 (a) & (b) 14 CFR 91.405 (a)14 CFR 407 (a) (1)14 CFR

409 (a) (2)

14 CFR 417 (a) & (b)

In order to operate commercially a small unmanned vehicle 55 lbs

or less for video and photographic purposes. Approval of

exemptions allowing commercial operations of for photographic

purposes will reduce risk. A small UAS is significantly safer to

operate than a small aircraft or helicopter with a pilot and

photographer onboard. The operation of small UAS, weighing less

than 55 lbs., will provide an exceptional level of safety throughout

the industry. Satisfaction of the criteria provided in Section 333 of

the Reform Act of 2012 size, weight, speed, operating

capabilities, proximity to airports and populated areas and

operation within visual line of sight and national security provide

more than adequate justification for the grant of the requested

exemptions allowing commercial operation of UAS for

photography and videography.