Sean Thon

4641 N West Ave

Fresno, CA 93705

Direct 559­492­1499

August 14th 2015

U.S. Department of Transportation

Docket Operations

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.P.R. 45.23(b); 14 CPR Part 21; 14

CPR 61.113 (a) & (b); 91.7 (a); 91.9(b) (2); 91.103 (b); 91.109; 91.119;

91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417

(a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.P.R. Part 11, Sean Thon, operator of small Unmanned Aircraft Systems ("sUAS")

equipped to; conduct aerial photography and 3d mapping for the Agricultural Industry to help

Farmers in the US get higher yield on their products and to help prevent contamination of farm

lands if there was a manned aircraft accident, to provide real estate listing videos and

photography for real estate professionals, to safely provide aerial video and photographic

inspection of facilities for the insurance industry, and to,support businesses requiring enhanced

marketing video photography, and use of systems in Construction sites Inspection hereby

applies for an exemption from the listed Federal Aviation, Regulations ("PARs") to allow

commercial operation of its sUASs, 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.

As described more fully below, the requested exemption would permit the operation of

small Unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is

1) limited

2) predetermined

3) controlled as to access and

4) would provide safety enhancements to the already safe operations in the Agricultural and Oil

and Gas 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

safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant is:

Sean Thon

4641 N West Ave

Fresno, CA, 93705

559­492­1499

sean.thon@gmail.com

The conditions proposed by the applicant are drawn from order 8900.1 CHG 0

Regulations from which the exemption is required

14 CFR Part 21

14 C.P.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.P.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.P.R. 91.103

14 C.P.R. 91.109

14 C.P.R. 91.119

14 C.P.R. 91.121

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)

This exemption application is expressly submitted to fulfill Congress' goal in passing

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the national airspace

system (NAS) before completion of the rulemaking required under Section 332 of the Reform

Act. In making this determination, the Secretary is required to determine which types of sUASs

do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

• The sUAS's size, weight, speed, and operational capability

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within visual line of sight of the operator.
Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate

safely in the national airspace system, the Secretary Shall establish requirements for the safe

operation of such aircraft in the national airspace system." ID Section 333(c) (emphasis added)

The Federal Aviation Act expressively grants the FAA the authority to issue exemptions.

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined

under

section 40101 of the Act that includes sUASs, from the requirement that civil aircraft must have

a

current airworthiness certificate.

Applicant interprets this provision to place the duty on the Administrator not only process

applicants for exemptions under section 333, but for the administrator to craft conditions for

the safe operation of the UAS, if it should be determined that the conditions set forth herein do

not fulfill the statutory requirements for approval.

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any sections 44702­44716 of this title

if the Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f)

see also 49 USC Section 44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1).

Sean Thon, operates sUASs fixed wing and mulitrotors weighing 55 or fewer lbs.

including payload. They operate under normal conditions at a speed of no more than 70

knots. They will operate in a line of sight and will operate only within the sterile areas made

up of; Farmland, Gas and Oil Fields, Power Utility Grid, Pipeline Inspection and Cell

Towers locations, Construction Site and Quarries Inspection, restricted perimeters around listed

real estate properties, restricted perimeters around structures requiring aerial inspections, and

restricted perimeters around business entities requiring promotional video and/or

photography.

Given the small size of the sUASs involved and restricted sterile environment within

which they will operate, the applicant falls squarely within that zone of safety (an equivalent

level of safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of sUASs to commence immediately. Also due to the size of the

UASs and the restricted areas in which the relevant sUASs will operate, approval of the

application presents no national security issue. Given the clear direction in Section 333 of

the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong

equivalent level of safety surrounding the proposed operations, and the significant public

benefit, including enhanced safety, reduction in environmental impacts, including reduced

emissions and chemical spills, exemptions associated with allowing sUASs for agricultural

operations, oil and gas surveying operations. The grant of the requested exemptions is in the

public interest. Accordingly, the applicant respectfully requests that the FAA grant the
requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to aircraft that have

the characteristics and that operate within the limitations listed herein. These limitations

provide for at least an equivalent or even higher level of safety to operations under the

current regulatory structure because the proposed operations represent a safety enhancement

to the already safe agricultural services and crops dusting currently being used with

conventional aircraft.

1. The sUASs will weigh less than 55 lbs.

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

3. Maximum total flight time for each operational flight launch to land time is 120 minutes

for fixed wing operation. Flight operations of Mulitcopters is 30 minutes launch to land.

Flights will be terminated at 25% battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet AGL for rotorcraft and

1000 AGL for fixed wing and or 200' above any man made structure.

5. Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

6. No Visual Observer required when PIC is a Commercially Rated Pilot and operating at

altitudes below 400' AGL rotorcraft and fixed wing.

7. sUAS Pilot will be certified by the aircraft manufacture for operations and have

obtained

at least a Sport Pilot license (LSA), No Medical required, valid driver's license required.

8. sUAS Pilot will be pilot in command (PIC). If a pilot certificate holder other than the

sUAS Pilot, who possess the necessary PIC qualifications, is also present on site (i.e.

the

aerial coordinator), that person can also be designated as PIC.

9. The UAS will only operate within a confined "sterile area" and have a "Security

Perimeter" for the flight operations area.

10. A briefing will be conducted in regard to the planned sUAS operations prior to each

day's production activities. It will be mandatory that all personal that will be performing

duties within boundaries of the safety perimeter be present for this briefing.

11. Pilot and observer will have been trained in the operation of UAS generally and

received up­to­date information on the particular UAS. Observer and Pilot will at all times

be able to communicate by voice or text.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. If the sUAS loses communications or it loses its GPS signal, the UAS will have

capability to return to a pre­determined location within the Security Perimeter and land.

14. The sUAS will have capability to abort flight in case of unpredictable obstacles or

emergencies.

15. Section 333 Airworthiness Exemption is transferable from manufacture to operator

upon completion of all requirements defined in this petition.
14 C.F.R. Part 21, Subpart H: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR Section 91.203 (a) (1). Given

the size and limited operating area associated with 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 both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability, proximity to airports and populated areas of the particular sUAS. In all

cases, an analysis of these criteria demonstrates that the sUAS operated without an

airworthiness certificate, in a restricted environment and under the conditions proposed will be

at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the retractions and conditions proposed.

The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a

pilot

nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates

exclusively within a secured area as set forth in our S.O.P. Unlike other civil aircraft, operations

under this exemption will be tightly controlled and monitored by both the operator and, pursuant

to

the requirements, and in compliance to local public safety requirements, to provide security of

the

area of operation as is now done with conventional flag man. The FAA will have advance notice

of

all operations. These safety enhancements, which already apply to civil aircraft operated in

connection to agricultural aerial applicators, provide a greater degree of safety to 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 sUAS, 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. Section 45.23 (b). Marking of the aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration of the

number is displayed on limited, restricted or in a light­sport category aircraft or

experimental or provisionally certified aircraft, the operator must also display on the

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
spot," "experimental," or "provisional," as applicable.

Even though the sUAS will have no airworthiness certificate, and exemption may be needed

as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word

"experimental" can be placed. Given the size of the sUAV, the 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 sUA V marked on it fuselage

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

the

identification of the sUAV as "Experimental." The FAA has issued the following exemptions to

this

regulation; Exemptions Nos. 10700, 8738, 10167A.

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

Sections 61.113 (a) & (b) limit pilots to non­commercial operations. Because the sUAS

will

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of

safety of current operations by requiring the PIC operating the aircraft to have a minimum of a

Sport Pilots Certificate rather than have a Commercial Pilots Certificate to operate this small

UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely

controlled with no living thing onboard. The area of operation is controlled and restricted, and all

flights are planned and coordinated in advance as set forth by in the S.O.P. The level of safety

provided by the requirements included in the S.O.P exceeds that provided by a single individual

holding a commercial pilot's certificate operating a conventional aircraft. The risks associated

with the operation of the sUAS are so diminished from the level of risk associated with the

operation of commercial operations contemplated with Part 61 when drafted, that allowing

operations of the sUAS as requested with a recreational Sport Pilot as the PIC exceeds the

present level of safety achieved by 14 C.F.R. §61,113 (a) & (b).

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

airworthiness 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 and the requirements contained in the SOP for

maintenance and the 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

Rotorcraft Flight Manual, approved manual material, markings, and placard, or any

combination thereof.

The sUAS, 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 onboard, 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 sUAS will have access to it. The FAA has issued the

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,

9565B, 10167, 10602, 32827, and 10700.

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 the flight. As the FAA approved rotor craft flight manuals will not be provided

as set forth in sections of the S.O.P., the PIC 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.

sUASs and remotely controlled aircraft, by their design do not have fully functioning dual

controls. Flight control is accomplished though the use of a control box that communicates with

the

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

fully functioning dual controls for a number of aircraft and for flight instruction in experimental

aircraft. See exemption Nos.5778K & 9862A.
14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operations 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 exemption is for the sUAS that is a helicopter and the exemption requests authority to

operate at altitudes of up to 400 AGL for rotorcraft and 1000 AGL for fixed­wing, or not more

than 200 above an elevated platform such as man made structures and radio towers, an

exemption may be needed to allow such operations. As set forth by herein, except for the

limited conditions stated in the SOP, the UAS will never operate higher than 400 AGL for

rotorcraft and 1000 AGL for fixed­wing. It will however be operated in a restricted area with a

security perimeter, where buildings and people will not be exposed to operations without their

pre­obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS

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 activity, all affected individuals will be aware of the planned flight operations

as

set forth in the SOP. Compared to flight operations with aircraft or rotorcraft weighing 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 currently presented with conventional aircraft

operating at or below 500 AGL. In addition, the low­altitude operations of the sUAS will ensure

separation between these sUAS 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 sUAS 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 Manual and Safety Check list, 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 and 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 sUAS provides approximately 3 hours of powered flight. To

meet

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to

approximately 2 hours and 30 minutes in length. Given the limitations on the sUAS's proposed

flight area and the location of its proposed operations within a predetermined area, a longer time

frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151(a)). 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 risk that Section

91.151(a) was intended to alleviate given the size speed of the sUAS. Additionally, limiting

sUAS 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

2

hrs 30 minutes or 25% of battery power, for both fixed wing and rotocraft, whichever happens

first. This restriction would be more than adequate to return the sUAS to its planned landing

zone from anywhere in its limited operating area. Similar exemptions have been granted to

other operations, including Exemptions 2689F, 5745, 10673, and 10808.

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 cockpit entrance so that it is legible to

passengers or crew.

The sUAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot.

As such, there is no ability or place to carry certification and registration documents or

display them on the sUAS.
An equivalent level of safety will be achieved by keeping these documents at the

ground control point where the pilot flying the sUAS will have immediate access to them; to

the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exemptions includes Exemption Nos. 9565,

9665, 9789, 9789A, 9797, 9816A, 10700.

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)

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 sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the application. Maintenance will be accomplished by

the operator pursuant to the flight manual and operating checklist. 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 sUAS can land immediately and will be operating no higher than 400 feet AGL for

rotorcraft and 1000 AGL for fixed­wing. As provided in the SOP, the operator will ensure that the

sUAS 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.

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 C.P.R. §21, subpart H; 14 C.F.R 45.23 (b); 14 C.P.R.§§ 61.113 (a) & (b);

91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405

(a);

91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned

vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations, Oil and Gas

Exploration and Pipeline Inspection.

Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d

mapping/scanning, Oil & Gas Exploration, Pipeline and Tower Inspection Industry, Construction

Site and Quarries Inspection, restricted perimeters around listed real estate properties,

restricted

perimeters around structures requiring aerial inspections, and restricted perimeters around

business entities requiring promotional video and/or photography, will enhance safety by
reducing risk. Conventional operations using jet or piston aircraft operate at extremely low

altitudes just feet from the equipment and livestock and structures and present the risks

associated with vehicles that weigh in the neighborhood of 3,000­5,000 lbs. This equipment can

carry large amounts of jet A or other fuel. Helicopters operate with 140 gallon fuel in their tanks

in most operations which could be a significant risk to the environment. The sUAS will carry no

passengers or crew and therefore will not expose them to the risks associated with manned

aircraft flights.

The operations of small UASs, weighing less then 55 lbs., conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant of the

Part 21 and allowing commercial operations. These lightweight VA V s operate at slow speeds,

close to the ground and in sterile environment and as a result are far safer than conventional

operations conducted with a piston and or turbine aircraft operating close to the ground.

Public Acknowledgement/Privacy

All Flights will occur only once the property owner has authorized operations to be

conducted.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012­size,

weight, speed, operating capabilities, proximity to populated areas and or close proximity to

airports and operations within visual line of sight provides more then adequate justification for

the grant of the requested exemptions allowing commercial operation of applicant's sUAS in the

commercial industry described in this exemption petition.

Sincerely,

Sean Thon