.. 

October22,2015 

United States Department of Transportation 

Docket Management SyStem 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

-., .-,..--. \ 

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and the procedures contained in 14 C.F.R. 11, to request that J.R.May Photography owned and 

operated by James Robert May and as owner and operator of small unmanned aircraft be exempted 

from the Federal Aviation Regulations ("FARs"') listed below so that J.R.May Photography may operate 

its small unmanned aircraft/lightweight unmanned aircraft systems )"UAS") commercially in airspace 

regulated by the Federal Aviation Administration { .. FAA"). 

Primary uses will be low altitude aerial photography for use on websites, print pieces and video for 

client use. · 

James Robert May have operated their current UAS on many occasions non-commercially without 

incident. I'm currently a retired Airline Pilot from Jazz Aviation in Canada and logged 23,939.2 

hours,and moved to Neveda. The UAS utilizes battery power, not combustible fuels. Flight time ranges 

between five and twenty minutes. The UAS has GPS functionality to hover in place as well as a return 

to home function in case of loss of contact with the radio. It has an audible and visual warning system 

and will start to descend slowly if battery power reaches 25%. The failsafe software will disable the 

UAS from taking off and also limit the UAS system from operating within specific GPS preset no-fly 

zones. 

J.R.May Photography exemption request would permit its operation of lightweight, unmanned 

(piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited 

airspace. Currently, similar lightweight, remote controlled UASs are legally operated by amateurs with 

no flight experience, safety plan or controls in place to prevent catastrophe. It is only logical to allow 

James Robert May experienced remote control pilot and retired Airline Pilot Licence# 151669 in 

Canada, to operate similar lightweight UASs. This will act to further safety protocols specific to 

lightweight UASs as J.R.May Photography research flight data and other information gained through 

permitted flight operation. Granting this request comports with the Secretary of Transportation's {FAA 

Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to 

" •.• establish requirements for the safe operation of such aircraft systems{UASs) in the national airspace 

system" under Section 333© of the reform ACT. Further, J.R.May Photography will conduct its 

operations in compliance with the protocols·described herein or as otherwise established by the FAA. 

For the reasons stated below, James Robert May respectfully request the grant of an exemption 

allowing it to operate lightweight, remote controlled UASs. 

?2 
1. Contact Information: 

James Robert May 

2. 5220 Future Drive, . · 

las Vegas, Nevada. 89130 

Tel.: {781)4245395 

e-mail: flyus@cox;net 

3. The Specific Sections of Title 14 of the Code of Federal Regulations from Which We Request 

Exemption is: 

14CFR 21: 

14 C.F.R. 45.23 (b): 

14 CFR 61m113 (a) & (b): 

14 C.F.R. 91, et seq.: · 

14 CFR 407 (a) (1): 

14 CFR 409 (a) (2): 

14 CFR 417 (a) & (b). 

U.S Dep't of Trans. 

· 4. The Extent of ReliefJ.R.May Photography Seeks and the Reason Ct Seeks Such Relief: 

J.R.May Photography submits this application in accordance with the Reform Act, 112 P.l. 

95§§ 331-334, seeking relief from any currently applicable FARs operating in cinematic, 

research and other flight operations within the national airspace system. The Reform Act in 

Section 332 provides for such integration of civil unmanned aircraft systems into our National 

airspace system as it is in the public's interest to do so. Our lightweight UAS meets the 

definition of "small unmanned aircraft" as defined in Section 331 and therefore the 

integration of our lightweight UAS is expressly contemplated by the Reform Act. We 

would like to operate our lightweight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types of UASs that may .operate . 

Safely in our national airspace system. Considerations include: 

• The weight, size, speed and overa II capabilities of the UAS: 

• Whether the UASwill beoperated near airports or populated areas: and, 

• Whether the UAS will be .operated by line of sight. 

112 P .L 95 § 333 (a). Each of these items militates in favor of an exemption for J.R.May Photography 

Our UAS utilizes four counter-rotating propellers for extreme balance, ~control .and stability. It 

weighs less than 5 pounds, including battery and all equipment. This small unmanned aircraft is 

designed to primarily hover in place and operate at less than a 50 knot maximum speed. It is capable of 

vertical and horizontal operation but operate only within the line of sight of the remote control pilot. In 

addition to the remote control pilot, we use a spotter, such that, atminimum; two personnel govern 

the safe flight of the aircraft at all times. 

Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. We do not operate the UAS with less than twenty five percent battery capacity. Safety 
'· 

systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff location if 

communication with the radio control pilot is lost and then slowly descend the UAS at twenty five 

percent battery capacity. We generally do not operate the UAS near airports or near populated areas. 

To date, we have only operated the UAS in a non-commercial manner. 

Our operation of this small unmanned aircraft will not "create a hazard to users of the national 

airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS, 

combined with its operation in cordoned off and well-controlled areas, this falls within Congress's 

contemplated safety zone when it promulgated the Reform Act and the corresponding directive to 

integrate UASs into the national airspace system. Indeed, our UAS will not pose any threat to the 

general public or national security. 

The FAA has the authority to issue the exemption sought by J.R.May Photography pursuant to 

the Federal Aviation Act, 85 P.L 726 (1958), as amended (the 11Act"). 

4. How this Request Will Benefit the Public As A Whole: 

Granting this exemption request furthers the public interest. Congress has already pronounced 

that it is in the public's interest to integrate commercially flown UASs into the national airspace system, 

hence the passing of the Reform Act. J.R.May Photography conduct research into safe UAS operations 

every time it flies its UAS. Allowing us to log more flight time directly relates to our research and our 

ability to further enhance current safety measures. Furthermore, the public has an interest in reducing 

the danger and emission associated with current aerial cinematic capture methods, namely, full size 

helicopters. Our UAS is battery powered and creates no emissions. If our UAS crashes there is no fuel to 

ignite and explode. The impact of our lightweight UAS is negligible when compared to a full size 

helicopter, notwithstanding the statistically noteworthy safety record of full size helicopters used in 

motion picture capture. The public's interest is furthered by minimizing ecological and crash impacts by 

permitting photo and motion picture capture through our lightweight UAS. 

Progression of the arts and sciences has been fundamental to our society since its inclusion in 

the United States Constitution. Congress mandated the integration of UASs into our national airspace 

system, in part, to achieve progression in this noteworthy and inevitable field. Permitting J.R.May 

Photography to immediately fly within the United States furthers these goals. Whether it is the 

amalgam of scientific discoveries applicable to feature film making (including those drawing upon 

architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable 

technologies or advancements in equipment available to law enforcement personnel, first responders 

that does not cost millions of dollars, granting this exemption request substantially furthers the public's 

interest in ways known and currently unknown. 

Granting this request will also allow small business owners and home owners to be able to 

afford high quality aerial images and video that they would otherwise have no access to due to several. 

factors, cost being the biggest. 

5. Reasons Why J. R.May Photography Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a level of Safety At least Equal To Existing Rule: 

This exemption will not adversely affect safety. Quite the contrary, for the reasons stated 

previously, permitting James Robert May,which will be the only one flying the UAS,(J.R.May 

Photography), to log more flight time in FAA controlled airspace will allow us to innovate and implement 

new and novel, as of yet undiscovered safety protocols. In addition, we submit 
the following representations of enhancements to current aerial photo and motion picture capture 

techniques: 

• Our UAS weighs less than 5 pounds complete with all mounted equipment and battery: 

• We only operate our UAS below 400 feet: 

• Our UAS only operates for 5-20 minutes per flight: 

• We land our UAS when it reaches 25% battery power: 

• Our remote control pilot operates the UAS by line of sight 

• Our UAS has GPS flight modes whereby it hovers, returns to takeoff position and then Slowly 

lands if communication with the remote control pilot is lost or battery power 

Is below 25%: 

• I have procedures in place to abort flights in the event of safety breaches or potential 

Danger. 

Our safety protocols provide a level of safety at least equal to existing rules and in nearly every 

instance greater than existing rules. It is important to note that absent the integration of 

commercial UASs into our national airspace system, helicopters are the primary means of aerial 

motion picture capture. While the safety record of such helicopters is remarkably astounding, it 

is far safer to operate a battery powered lightweight UAS. The potential loss of life is 

diminished because UASs carry no people on board and J.R.May Photography only operates 

them in specific areas away from mass populations. There is no fuel on board a UAS and thus 

the potential for fire or explosions is greatly diminished. The small size and extreme 

maneuverability of our UAS allows our remote control pilot to avoid hazards. Given their small 

size and weight, even when dose enough to capture amazing images, our UAS needs not be so 

close to the objects it is focused on. Accordingly, our UAS has operated and will continue to 

operate at and above current safety levels. 
6. Summary: 

A. 14 C.F.R. 21 and 14 C>F>R> 91: Airworthiness certificates and Manuals. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR§ 91.203{a)(1}. The size, weight 

and enclosed operational area of J.R.May Photography UAS permits exemption from Part 21 because 

J.R.May Photography UAS meets an equivalent level of safety pursuant to Section333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under 

both the Act {49 U.S.C. § 44701 {f) and Section 333 of the Reform Act. Both pieces of legislation permit 

the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, 

size speed, maneuverability and proximity to areas such as airports and dense populations. J.R.May 

Photography UAS meets or exceeds each of the elements. 

14 C.F.R. 91.7{a} prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 C.F.R § 91.9{b} {2} requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UASs, this Regulation Is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued 

exemptions to their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 10700 and 32827. 

14C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as J.R.May Photography utilizes 

electronic global positioning systems and internal gyroscopes to provide spatial coordination. 

• 14 C.F.R. § 91.203 (a}} and {b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level of 

safety will be achieved by maintaining such certifications and registrations at J.R.May Photography 

flight operations center. 

B. 14 C.F.R § 45.23: Marking of the Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. J.R.May Photography UAS is, by definition, uhmanned. It therefore does not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is 

difficult to place on such small aircraft. Regardless, J.R.May Photography will mark its UAS in the 

largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. § 

45.29{f} so that the pilot, technician, spotter and others working with the UAS will see the markings. 

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 

10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and limitations: PIC. Pursuant to 14 C.F.R.§§ 

61.113 (a} & (b) private pilots are limited to non-commercial operations. J.R.May Photography can 

achieve an equivalent level of safety as achieved by current regulations because J.R.May Photography 

UAS does not carry any pilots or passengers. Furthermore, while helpful I'm a retired Airline Pilot. The 

risks attendant to the operation of J.R.May Photography UAS is far less than the risk levels inherent in 

the commercial activities outlined in 14 C.F.R.§ 61, et seq. Thus, allowing James Robert May Owner I 

Operator forJ.R.May Photography to operate its UAS 
with a Airline Pilot licence as the pilot in control will exceed current safety levels in relation to 14 

C.F.R. § 61.113 (a) & (b). 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. J.R.May Photography will never 

operate at an altitude greater than 400 AGL. J.R.May Photography will, however, operate its UAS in 

cordoned off areas with security perimeters, providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of J.R.May 

Photography UAS, an equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405 {a) (2); 417 (a) & (b): Maintenance Inspections. 

The above cited Regulations require, amongst other things, aircraft owners and operators to 

"have aircraft inspected as prescribed in subpart E of this part and shall between required inspection, 

except as provided in paragraph © of this section, have discrepancies repaired as prescribed in part 43 

of this chapter .... " 

These Regulations only apply to aircraft with an airworthiness certificate. Therefore, they will 

not apply to J.R.May Photography should its requested exemption be granted. J.R.May Photography 

conducts as extensive maintenance program that involves regular software updates and curative 

measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. 

F. Summary 

J.R.May Photography seeks an exemption from the following Regulations: 14 C.F.R. 21, 

subpart H; 14 

C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 {a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R § 91.9 {b)(2); 14 C.F.R.§ 

91.103(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; C.F.R. § 91.151 (a); 14 C.F.R. §§ 

91.203{a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a)(2);14 C.F.R. § 

91.409 (a)(2);and 14 C.F.R.§§ 91.417 (a) & (b) to commercially operate its lightweight unmanned aircraft 

in motion picture or photography operations and to conduct its own research. J.R.May Photography 

request for exemption will reduce current risk levels and thereby enhance safety. Currently motion 

picture image capture relies primarily on the use of larger aircraft running combustible fuel. J.R.May 

Photography UAS does not contain potentially explosive fuel, is smaller, lighter and more maneuverable 

than conventional motion picture aircraft. J.R.May Photography operates at lower altitudes and in 

controlled airspace. J.R.May Photography has been analyzing flight data and other information in 

compiling novel safety protocols and the implementation of a flight operations manual that exceeds 

currently accepted means and methods of safe flight. There are no people on board J.R.May 

Photography UAS and therefore the likelihood of death or serious bodily injury is significantly limited. 

J.R.May Photography operation of its UAS, weighing less than 5 pounds and travelling at speeds lower 

than 50 knots in cordoned off areas wilt provide at least an equivalent level of safety as that achieved 

under current FARs. 

Accordingly, J.R.May Photography respectfully requests that the FAA grant its exemption 

request without delay. The FAA has the authority to issue the exemption sought by J.R.May 

Photography pursuant to the Federal Aviation Act, 85 P.L. 726{1958), as amended {the "Act"). 

In closing, J.R.May Photography such as ourselves who operate a very small business and will be 

operating a UAS on a very small scale is applying for this exemption shows how serous we are about 

safety and doing things properly. Thank you for your time and consideration. 
Respectfully submitted, 

f.~.i:-:!/Yf; · 

Owner /Operator 

5220 Future Drive, 

Las 

Vegas,Nevada.89130