June 5, 2015 Clarence E. Foster 129 Southern Blvd. Rocky Mount, NC 27804

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., 

# S V/ Washington, DC 20590

RE: Exemption Request Section 333 ofthe FAA Reform Act of2012 Attachments:1) User Manual (EN), Inspire 1, Phantom 2, Phantom 3 Safety Guidelines lnspire1, Phantom 3 Quick Start Guide (EN) Inspire 1 Phantom 2, Phantom 3 Maintenance Manual Inspire 1 Phantom Pilot Training Guide References: 1) FAA Exemption No. 11138, Regulatory Docket No

. FAA-2014-0481 in the matterofthe petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-D508 in the matterofthe petition ofADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No

. 11080 Regulatory Docket No. FAA-2014-0355 in the matter ofthe petition of FLYING CAM INC Dear Sir or Madam, In accordance with the FAA's Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012, I Clarence E. Foster, referred to hereafter as the petitioner, request exemption from the following sections ofTitle 14, Code of Federal Regulations§§ 61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 91.409(a)(2); 91.417(a) 

### & (b); In orderto operate small unmanned aircraft systems (UAS) commercially in airspace reg ulated by the Federal Aviation Administration (FAA) for the purposes ofaerial photography, cinematography, videography, mapping, crop surveying, inspections and other flight operations that could be performed safely and more cost effectively with the use ofsmall UAS at low altitude within the U.S

. national airspace system as compared to a manned aircraft. Operations will be performed only at the request of and with the authorization and permission ofclients ortheir authorized agents in orderto facilitate commerce and raise awareness ofthe beneficial uses ofsmall unmanned airsystems. So long as such operations are conducted within and under the conditions outlined herein or as may be established bythe FAA as required by Section 333. The conditions identified and proposed by the petitionerare drawn from references 1-3. The FARs The petitioner seeks exemption from the above mentioned FARs for the following reasons; 61.113(a) 

### & (b); The petitioner requests relief in order to facilitate the utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under this exemption would be required to comply with any conditions as set forth and in a simila r fashion to the previously granted exemptions. 91. 119{c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the terms "congested areas" and "densely populated". The petitioner requests waiver forthis condition to allow reasonable and responsible operations in areas ofsubdivisions and neighborhoods if required. 91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeterand instead utilizes electronic GPS with a barometric sensor for altitude information

. 91.151{a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The UA batteries provide approximately 17 minutes of powered flight. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location ofthose proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR cond itions was reasonable. 91.40S{a); 91.407{a){1); 91.409 (a){1) & {2); 91.417{a) & (b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner's operating documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected. The UAS UAS 1: The DJIInspire One is a highly successful consumergrade small rotorcraft in the quad copter configuration with an advertised weight of less than 7 pounds {293Sg) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots {14m/s) and a maximum climb rate of less than 1200 feet per minute (5 m/s). It is powered by four electric motors with a distance between motors of less than 24 inches {607mm) It utilizes an internal inertial measuring unit {IMU) with integrated barometric sensor augmented with global positioning system {GPS) to maintain its geospatial orientation and position

. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground controlstation allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes ofoperation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 17 minutes. The onboard flight controllerwill warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually last less than 12 Minutes. UAS 2: The OJI Phantom 2 Vision+ is a consumer grade small rotocraft in the quad copter configuration with an advertised weight of less than 3 pounds (1242g) designed to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots (15m/s). It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 17 minutes. The onboard flight controller will warn the pilotvia telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually last less than 12 Minutes. UAS 3: The OJI Phantom 3 is a consumer grade small rotocraft in the quad copter configuration with an advertised weight of less than 3 pounds (1280g)

. The craft is designed to carry aloft an Ultra high definition camera
. It has an advertised maximum speed of less than 30 knots {15m/s)

. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes ofoperation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 17 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state

. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually last less than 12 Minutes.

Risk mitigation The petitioner has reviewed FAA exemptions reference's 1-3 Conditions and Limitations section and believes thatthe procedures specified therein are reasonable and will be utilized in orderto manage and mitigate risk and ensure public safety

. A preflight checklist will be developed and employed toensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure-prone components. The petitioner request that in a manner similar to reference 

### 3, he be allowed to operate within 5 miles ofan airport provided that: "The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles ofthe geographic center ofa nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as requ ired by the operator's COA

.The letterofagreement with the airport management must be made available to the Administrator upon request. " Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a mechanism to facilitate such activities w ithout requesting a new and separate exemption(s) should the need arise. Operations within class B airspace are not requested due to the lack of mode Ctransponder.

Public interest Use ofthe UAS in lieu ofa manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft ofgreater proportions, carrying a crew and flammable fuel. Additionally, use ofthe UAS in orderto facilitate commerce could lead to economic growth

. Operations for th is petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits oftheir desired photographic subjects that cannot be displayed through ground level videography/photography. Aerial photography is avaluable marketing tool that can lead to increased commerce and enhance personal photography

. Crop surveying applications could lead to decreased use of pesticides and fertilizer and conservation ofwater as well as increased crop yields and decreased costs

. Aerial surveying and inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes
.

Conclusion The petitioner is requesting this exemption for the purposes of "aerial photography, cinematography, videography, mapping, surveying, inspections and other flight operations". The reason for such a general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal integration and maximize economies ofscope in orderto capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions

.The petitioner's business model is based on the idea ofoffering ad hoc small UAS services to individuals orcompanies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby

.The petitioner' s own market research shows pent up demand for these services currently exists in the real estate market and other markets are just beginning to emerge. Although videography and photography are included in the request, the primary objective will be aerial survey of farm crops.The petitioner has refrained from engaging in commercial use ofthe UAS

.The primary purpose of seeking this exemption is to obtain the capability to offer those services while remaining in compliance. The petitioner has a Private Pilot Certificate.

Clarence E. Foster 129 Southern Blvd Rocky Mount, NC 27804 252-446-3384 Home 252-985-8149 Cell 252-977-3055 Office sonfoster@earthlink.net