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David C. Turnbull

“Turnbull AVP Produ ctions” 409 West Craighill Channel Drive Perryville, MD 21903 dasina@msn.com December 16, 2015 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.105 ; 14 CF R 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, “ David C. Turnbull” , operator and PIC of Unmanned Aircraft System s (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to a llow commercial operation of h is UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Request to use UAS for aerial data collection. The enhanced safety achieved using an unmanned a ircraft in addition to the limitations described in Section 333 of the FAA Modernization and Reform Act of 2012 and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel should give the FAA good cause to find that the UAS operation enabled by this exemption should be in the public interest.
Co mmercial operation of UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following m anner:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, pu blic events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when th e local authorities or government has requested it by contract or donation.

 The ability to offer training to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purp ose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property.

 The ability to provide test flight operations and equipment reviews, evaluations and statistics regarding performance, handling and safety concerns relating to new and existing commercially available UAS from several manufactures and multiple models that are in compliance with Section 333 of the FAA Modernization and Refo r m Act of 2012. As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the s afe operation of such aircraft systems in the national airspace system.”

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**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** The operational limitations proposed will provide for an equivalent or higher level of safety because operations will further enhance the sa fety 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:

 The UAS will weigh less than 55 lbs.
 The UAS will have a maximum op erating speed of no more than 100 mph.
 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).
 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve or 20 minutes of flight time whichever occurs first.
 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) or not more t han 200 feet above an elevated platform from which filming is planned.
 Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer (VO )

.  The UAS pilot will be the designated Pilot in Command (PIC) and will take and pass all applicable certifications currently being approved by the FAA.
 A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ production activities.
 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.
 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport, the respective airports will be contacted advising them of the estimate d flight time, flight duration, elevation of flight and other pertinent information.
 The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved.
 The PIC and VO will h ave been trained in operation of UAS and receive up

-to
- date information for the particular UAS to be operated.
 T he PIC and VO will be able to communicate by voice, radio, and/or text at all times.
 Written and/or verbal permission and permits will be obtain ed , as applicable, from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.
 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capa bility to return to a pre
- determined location within a designated location and land autonomously.
 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

I, D avid C. Turnbull as the operator and PIC w ill operate the **DJI Inspire 1, DJI Phantom 3, DJI Phantom 2**  **Vision + ,**  **3DR Solo ,**  **Syma X8G**  **and JJRC V686.** (The DJI Phantom 3, DJI Phantom 2 Vision +, 3DR Solo, Syma X8G and JJRC V686, are all smaller, lighter, and do not use any equipment or technology greater than wh at is on board the DJI Inspire 1

. All of the UAV’s listed are quadcopters. The applicant will operate all of above listed UAS in line of sight within a closed off and predetermined area owned and/operated by the property representative. Furthermore, t he ability to provide test flight operations and equipment reviews relating to new and existing commercially available UAS that are in compliance with Section 333 of the FAA Modernization and Reform Act of 2012” , would allow for the operatio n of UAS from several manufactures and multiple models that would be in compliance with Section 333 of the FAA Modernization and Reform Act of 2012

. Given the small size of the 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 envi ronmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

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**Regulations from which the exemption is requested:**  14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.105 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (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, 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 equ ivalent 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 authoriz e 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 the se criteria demonstrates that the UAS operated without an airworthiness certificate, in t he restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating wit h an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less th an 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 aircra ft, operations under this exemption will be tightly cont rolled 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 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 reg istration 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 UAS will have no airworthiness certificate, an exemption will be needed as the 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 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 UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.”

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**14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.**  Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an airc raft that is carrying passengers or property for compens ation or hire. An equivalent level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in t he commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the 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 fo r determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists 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 Rot orcraft Flight Manual, approved manual material, markings, and p lacards, or any combination thereof. The 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 bo ard, but because there is no room or capacity to carry such an ite m 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 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 PIC will take all actions as stated in the manufact urer FOM in the pre

-flight inspection section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. §91.105: Flight crew members at stations**  Exemption may be required, the PIC may not leave his station nor shall VO leave his station. In event that PIC or VO become i ncapacitated, UAS is to automatically return to designated landing area, as outlined in FOM

. **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 fli ght instruction unless that aircraft has fully functioning dual controls. 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 ai rcraft via radio communications. The FAA has approved exemptions for flight training without fully functional d ual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that nei ther a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.
**1 4 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 operat ed at less than the minimums prescribed, provided the person operating the helicopter co mplies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate a t altitudes up to 400 AGL, or not more than 200 above an elevated platform from w hich filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception th at in circumstances where the UAS is used to survey or photograph a structure whose he ight exceeds 400 feet AGL, the UAS will not be

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operated more than 200 feet 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 with out their pre

-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the 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 operati ons. Compared to flight operations with aircraft or rotorcraft weighting far more than the ma ximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventiona l aircraft operating at or below 500 AGL. In addition, the low

-altitude operations of the UAS will ensure separation between these 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 UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exempti on 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 th e 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 w ind 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. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the 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 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 t o alleviate given the size and speed of the small UAS. Additionally, limiting 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 fl ights to 20 minu tes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the 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 Certificat ion 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 no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or pl ace to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the UAS.

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**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance In spections.**  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 discrepan cies 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 the UAS is very limited in size and will carry a small payload and opera te only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be usually operating from no higher than 400 feet AGL. The operator will ensure that the 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 sa fety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the U AS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to in itiating flight and perform required maintenance needed.

**Additional Information**
As t he applicant and primary pilot, I, David C. Turnbull have been involved in the piloting of remote cont rolled aircraft for more than 5 years . I have held a Private Pil ot certificate (3797091) since 1995

. I am a 13 year veteran of the 175 th Maryland Air National Guard as an Aircraft Electrical Systems Technician and Combat Camera Specialist. I also have an in

- depth understanding of the capabilities and safety concerns invol ved in using this technology as an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commerc ial operation of th e applicants UAS. Sincerely, David C. Turnbull

David C. Turnbull “Turnbull AVP Productions” 409 West Craighill Channel Drive Perryville, MD 21903 dasina@msn.com