July

5th, 2015 Nicolas London 1326 Milford Houston, TX 77006 U.S. Dept. of Transportation, Docket Operations W est Building Ground Floor, Room w12

- 140 1200 New Jersey

Avenue, SE., W ashington, DC 20590

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM 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, Nicolas London , seeks an exemption from Federal Aviation Regulations ("FARs") detailed below for the following described Unmanned Aerial Sy stem called in this application the ME Sy stem, which includes an Unmanned Aircraft (UA) and ground station

- based equipment and crew: THE UNMANNED AIRCRAFT (UA): [~] A lightweight (20 lb gross weight with all on

- board equipment), manufactured b y DJI , Phantom 2, that includes the following equipment in flight; [~] An on

- board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

- based transmitter/controller; [~] An on

- board camera capable of capturing imagery in the form of full color, high definition still photos and video; [~] An on

- board telem etry sy stem that delivers flight data from the on

- board flight computer to the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site; [~] A 2.4GHz on

- board radio transmitter that transmits live video from the on

- board camera plus all the flight data from the telemetry sy stem described above;
THE GROUD STATION

- BASED PART OF THE SYSTEM: [~] A Pilot in Command (PI C) in operational control of a flight operation from beginning to end and who controls the UA while in the air; [~] A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight; [~] A radio receiver receiving live video and flight data from the on

- board camera and computer projects it all together onto a screen for the PI C to view during flight; [~] A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA while in flight.The requested exemption would support an application for a comme rcial Certificate of

Authorization to use the above described ME S ys tem to support Production of promotional materials (video and/or still images) for Real Estate sales Production of promotional materials, (video and/or still images) for Travel and Tourism industries; Production of promotional materials, (video and/or still images) for commercial businesses, Photograph y and videograph y of social events, such as weddings never operating over persons not directly involved with the ME sy stem. The UA, powered by

batteries, is smaller, lighter and more maneuverable than larger aircraft that run on combustible fuel, it operates at lower altitudes with no people on board and will thereb y reduce current risk levels and thereb y enhance safety and diminish the likeli hood of death or serious bodily injury . With a small payload and maximum flight time of onl y 18 minutes, this is offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than ground base d imagery

for displaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter a full

- sized helicopter for this purpose, which has proven more costly than many

potential clients are abl e to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit man y bu ye rs and sellers of real property and marine propert y. Additionally , I request that I be allowed to use my sy stem to benefit first responders nearb y who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as I do so.The ME Sy stem will be operated in the field with both a PI C and a VO in accordance

with FAA Policy

N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur i n FAA Class G airspace at no more than 400ft AGL, at airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PI C must be able to Communicate by

voice at all times during a flight operation; d) Operations will be restricted to flights over property with the permission of the propert y owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA ty pe; f) All required permits will be obtained from state and local government prior to operation; g) The ME Sy stem will not be operated over densely popu lated areas; h) The ME Sy stem will not be operated at air shows; i) The ME Sy stem will not be operated over any open - air assembly

of people; j) The ME Sy stem will not be operated over heavily trafficked roads; k) The ME Sy stem will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day onl y and weather conditions equivalent to VFR; m) The PI C will brief the VO and propert y owner about the oper ation and risk before the first flight at each new location; n) No flight ma y be made without a Pre

- Flight Inspection by the PI C before each operation to ascertain that the UA is in a condition safe for flight (see Appendix A). The PI C and VO will meet the requirements outlined in F AA Policy N 8900.227 Section 16 personnel Quali fications. Additionally , the PI C and VO will perform maintenance on the sy stem and will complete a course of maintenance instruction as part of their initial training.
I submit that the combination of the UA's light weight, flight performance and ability , fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a) through (n) listed above, the FAA ca n have full confidence that the operation will have an equivalent or greater level of safet y than manned aircraft performing the same mission. The name and contact information of the applicant are: Nicolas London Ph: 713

- 444

- 2697 Email: Nico7111@yahoo.comThe regulations from which the exemption is requested are listed below. Beside each

regul ation number is the page of the attached Addendum upon which eac h may be found together with my proposed equivalent level of safety for each regulation:

- 14 CFR Part 21 ................................. Ad dendum Page 1

- 14 CFR 91.203 ................................. Addendum Page 1

- 14 CFR 45.23, 45.29 .......................... Addendum Page 2

- 14 CFR 91.9 .................................... Addendum Page 2

- 14 CFR 61.113, 61.133 .................... ... Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 .............. Addendum Page 3

- 14 CFR 91.151 ................................. Addendum Page 3

- 14 CFR Subpart E (91.401

- 91.417) ...... Addendum Page 3

- FAA Policy

8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ... Addendum 1
I am prepared to modify

or amend an y part of this request to satisfy the need for an equivalent level of safet y. Please contact us at an y time if you require additional information or clarification.

Nicolas London Addendum containing Exemption Requests and Equivalent Level of Safety Appendix A

Flight Manual's Appendix B

- Owner's Manual for UA

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETYNicolas London requests an exemption from the following regulations as well as an y

additional regulations that may technicall y appl y t o the operation of the ME Sy stem: 14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the is suance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Sy stems, I request an experimental certificate be issued for the ME S ys tem under either or both of the following provisions: 21.1 91 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design co ncepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or n ew uses for aircraft. (b) Showing compliance with regulations. Conducting flight tes ts and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of ty

pe and supplemental ty

pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrati ons, and customer crew training, I would expect that an experimental certificate would permit my commercial purpose as well. The aircraft will not carry persons or propert y, will not carry fuel, and will only

fl y under strict operational requirements. Co mbined with the UA's light weight, being constructed primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then I request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircr aft and a registration certificate must be aboard the aircraft. Additio nally , subparagraph (b) Provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.5 pounds, the UA is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the gro und control station and available for inspection upon request. In order to identify the aircraft, I propose that the informationfound on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the followin g information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23, which follows immediately after the proposed placard description below: Appendix A EXPERIMENTAL Manufacturer: D JIInnovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction AZ 85119 Models: Phantom 2 , 14 CFR 45.23 Display

of marks; g eneral and 45.29 Size of marks. These regulations provide th at each aircraft must display “N'' and the aircraft's registration number in letters at least 3 inches high. Additionally , the a ircraft must display the word “ EXPERIM ENTAL” in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance i n which the word “EXPERIMENTAL” can be placed, and may not have a registration number assigned to it by the FAA.
I propose to achieve an equivalent level of safet y by inc luding the word “EXPERIMENTAL” in the placard on the top of the aircraft, as shown above, where the PI C, VO and others in the vicinity of the aircraft while it is pr eparing for launch will be able to see the designation. Additionally , I feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally , I will display at the ground st ation a high contrast flag or banner that contains the words “Unmanned Aircraft Ground Station” in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight m anual is in the aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircre w while operating the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved UA Flight Manual (Appendix A) must be available to the crew at the ground station an yt ime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133Commercial pi lot privileges and limitations. The regulation provides that no pe rson that

holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The fli ght is only incidental to that business or employ ment; and (2 ) The aircraft does not carry passengers or propert y for compensation or hire. My proposed operations require that the PIC must either 1. Hold a Sport Pilot Certificate issued b y the FAA, and have logged 25 hours of flight Experience in this ty

pe of UA, or 2. Meet the requirements of 8900.227 para 16(c)(2)(c) “ 0peratio ns without a pilot certificate” in which the PI C is required to complete ” FAA private pilot ground instruction” and pass “ the F AA Private Pilot written examination. ” Since there are currentl y no means available for the pilot of a UAS to gain the experience in an equivalent category

and class in order to appl y for a commercial pilot's license, I propose to generate an equivalent le vel of safety by requiring My pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition Appendix A To completing the private pilot requirements. Since the aircraft cannot carry passengers or propert y, I feel I meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that ”No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has full y functioning dual controls." The ME Sy stem ground

- based control station consists of a small hand

- held radio transmitter and while it d oes not offer a second set of “Controls” , both the student and instructor can, and will, operate the single set of controls simultaneously . With both student and instructor having “hands

- On” the controls during flight, I feel that this technique meets the intent 91.109 and provides an equivalent level of safet y. 14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the air craft cannot be operated closer than 500 feet to any person , vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, I cannot comply with this requirement.

In order to provide an equivalent level of safety I will only fly over private propert y with a size of at least two acres with the permission of the owner of the propert y flown over.The aircraft will not be operated over congested areas or over an y open - air assembly of persons. The propert y owner will be briefed on the expected route of flight and the associated ris ks to persons and propert y on the ground. The aircraft will be operated at a low altitude allowing, if a power unit f ails, an emergency

landing without undue hazard to persons or property

on the surface. Therefore I maintain that due to the small size of the UA, the hazard to persons, vehicles and s tructures is minimal compared to manned aircraft, which shoul d be considered in granting the exemption. 14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitud es by reference to an altimeter setting available within 100 NM of the aircraft. The UA will alway s fly

below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter m easurement above the takeoff point is transmitted via radio from the UA on

board computer to the display screen held by the PIC, providing a constantly updated AGL readout. 14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fl y to the first point of intended landing and to fly after that for at least 30 minutes. I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delay s to landing. The UA is battery operated and the maximum duration of flight from a single battery c harge is 18 minutes with a 20% reserve. Since the airc raft will never fl y more than 3/4 NM from the point of i ntended landing, a full battery

charge at launch will ensure that I meet the reserve energy requirement of this paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy ". 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 r equire that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is my intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." As provided in the Pre

- Flight Checklist in Appendix A, the PI C will ensure that the aircraft is in an airworthy condition prior to every

flight and in addition conduct detailed inspections after every two hours of flight. Maintenanc e performed by the PI C is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

board computer. All other maintenance will be performed b y the m anufacturer or their designat ed repair facility . The PI C will document work performed in accordance with 91.417. I feel thatdue to the size, construction, and simplicity of the aircraft, the PI C can ensure an equivalent level of safet y. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy

provides that both the PI C and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer. The UA maximum gross weight is 6.5 pounds, it is con structed of carbon fiber and plastic and the PI C is not on board. Both the PI C and the VO are required to be in VLOS. Given the unlikely event that both the PI C and VO become medically incapacitated while the aircraft is in flight, the UA will return auton omously to the site of launching and land without crew intervention. Therefore, requiring the PI C and VO to meet the same medic al requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.
I propose that the mini mum medical requirements for the PI C and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PI C and VO can see and avoid air traffic; a licensed driver is m edically qualified to ope rate a much larger vehicle.

APPENDIX A

- FLIGHT MANUALFLIGHT RESTRI CTIONS

a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PI C; c) All operations must utilize a visual observer (VO). The VO and PI C must be able to communicate verbally

at all times during a flight operation; d) Operations will be restricted t o flights over property with the permission of the propert y owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA ty pe; f) All required permits will be obtained from state and local government prior to operation; g) The ME Sy stem will not be operated over densely populated areas; h) The ME Sy stem will not be operated at air shows; i) The ME Sy stem will not be operated over any open - air assembly

of people; j) The ME Sy stem will not be operated over heavily trafficked roads; k) The ME Sy stem will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day onl y and weather conditions equivalent to VFR; m) The PI C will brief the VO and propert y owner about the oper ation and risk before the first flight at each new location; n) No flight may

be made without a successful Pre

- Flight Inspection by the PI C before each operation to ascertain that the UA is in a condition safe for flight.
PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery , and mobile device are full y charged. 2. Propellers are mounted correctly and firml y. 3. Micro

- SO card has been inserted if necessary

. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJIPilot app connected to the aircraft.
TO REGAIN CONTROL AFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an a utomatic Return to Home feature is activated and will bring the UAV back to the PI C.