Scott G Keating                   September 23, 2015

4008 Cree Dr

Ormond Beach, FL 32174

Email: aerophoto@aerog.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition of Scott Keating for Exemption Pursuant to Section 333 of the FAA Reform Act of 2012.

Attn: To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and CFR Part 11, Scott Keating hereby

petitions for exemption from the following sections of Title 14, CFR §§:

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); 

The requested exemption would permit the operation of small, unmanned sUAS under controlled conditions within

limited airspace. The exemption would allow the operation of sUASs by Scott Keating to conduct commercial operation

of small unmanned aircraft systems meeting or exceeding all of the operational and safety requirements Congress has

set forth in Section 333.

I, Scott Keating, hold a Private Pilot certificate with decades of full‐scale flight experience. Further, I have over 40 years

of experience building, flying, and maintaining RC fixed‐wing and rotary‐wing aircraft. I plan to utilize sUASs for the

purposes of aerial photography, aerial survey/mapping, agricultural applications, site inspection and monitoring, and

videography.  

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for

seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall

determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of

the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section

334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited

operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of

commercial UAS operations.

The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 Page 3
14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 ‐ 91.417)

Unmanned Aircraft System (UAS) are oftentimes seen as superior to helicopters due to the smaller devices, cheaper

equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public

safety. The small UAS I will be using are small multi‐rotor craft weighing no more than 55lbs including payload and

operate at speeds of no more than 60mph. They will operate in line of sight only of the PIC (Pilot In Command) . Given

the small size of the small UAS and the controlled environment provided the proposed operations will adhere to the

Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the

level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts,

including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance

the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs.

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

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25%

battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)  

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual Observer

(VO) .

7. The PIC and VO will have experience in operation of small UAS and receive up‐to‐date information for the

particular small UAS to be operated.

8. The PIC and VO will utilize voice communications at all times.

9. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to

return to a predetermined location within a designated location and land autonomously.

   
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to

be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 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 small UAS. In all cases, an analysis of these criteria demonstrates that the small 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the

restrictions and conditions proposed.

The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no

explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike

other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and

under the requirements and in compliance with local public safety requirements. These safety enhancements provide a

greater degree of safety to the public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there

is no credible threat to national security posed by the small 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.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will

have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of

the small UAS, two‐inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in

compliance with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the

identification of the small UAS as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an

aircraft that is carrying passengers or property for compensation or hire. Our small UAS do not carry any pilots or

passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will

not ensure remote control piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels

inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will

equate to the safe operation of the small UAS.
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, no FAA regulatory standard will exist

for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each

flight an equivalent level of safety will be provided.

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 small UAS, given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on

the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point

where the pilot flying the small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The OPERATOR will

take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft

performance data before initiation of flight.

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. Small UAS and remotely piloted aircraft, by their

design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without

fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and

speed of the aircraft.

   
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 small UAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform

from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS

will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to

survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than

100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre‐obtained consent. The equivalent level

of safety will be achieved given the size, weight, speed of the small UAS as well as the location where it is operated. No

flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the

property owner and participants in the filming activity, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs.

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently

presented with conventional aircraft operating at or below 500 AGL. In addition, the low‐altitude operations of the small

UAS will ensure separation between these small‐ UAS operations and the operations of conventional aircraft that

must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that

is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the

small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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 small UAS provides approximately 30 minutes of powered flight.

To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10

minutes in length. Given the limitations on the small UAS’s proposed flight area and the location of its proposed

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is

reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives

who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks

that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting small
UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes

that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever

happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from

anywhere in its limited operating area.

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 small UAS fully loaded weighs no more 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 small UAS. An equivalent level

of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS

will have immediate access to them; to the extent they are applicable to the small 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 will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight

manual and operating handbook. An equivalent level of safety 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 limited periods of time. If

mechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the small UAS is in working order prior to initiating flight, perform required maintenance, and

keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in

accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM).

As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight

and perform required maintenance needed.

   
Small UAS Information

Small UASs to be used are as follows, detailed operation, maintenance, and safety information are  

attached in Appendix A:

1. DJI S900

2. DJI S1000

3. DJI S800

4. DJI Phantom 2 & 3

5. 3DR Quad

6. 3DR X8

Respectfully submitted

Scott G Keating
Operation and Maintenance Manuals & Safety Guidelines

Appendix A

 DJI S900 User Manual:  

http://www.dji.com/product/spreading‐wings‐s900/download

 DJI S1000 User Manual:

http://www.dji.com/product/spreading‐wings‐s1000‐plus/download

 DJI S800 User Manual:

http://www.dji.com/product/spreading‐wings‐s800‐evo/download

 DJI Phantom 2 User Manual:

http://www.dji.com/product/phantom‐2/download

 DJI Phantom 3 User Manual:

http://www.dji.com/product/phantom‐3/download

 3DRQuad:

http://3drobotics.com/wp‐content/uploads/2014/05/3DR‐DIY‐Quad‐Build‐Manual‐vA.pdf

http://3drobotics.com/kb/safety/

 3DR X8:

http://3drobotics.com/kb/x8/