# ..

October22,2015

United States DepartmentofTransportation 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 ofthe FAA Reform Act of2012

Dear Sir or Madam: 

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

I am writing pursuanttothe FAA Modernization and Reform Act of2012 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request thatJ.R.May Photography owned and operated byJames Robert May and as ownerand operator ofsmall unmanned aircraft be exempted from the Federal Aviation Regulations ("FARs"') listed belowso thatJ.R.May Photography may operate its small unmanned aircraft/lightweight unmanned aircraft systems )"UAS") commercially in airspace regulated bythe 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, notcombustible 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 ofcontact 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 offand also limitthe UAS system from operatingwithin 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 noflight experience, safety plan orcontrols in place to prevent catastrophe. It is only logical to allow James Robert Mayexperienced 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. Grantingthis request comports with the Secretary ofTransportation's {FAA Administrator's) responsibilities to not only integrate UASs intothe national airspace system, but to "•.•establish requirements forthe safe operation ofsuch aircraft systems{UASs) in the national airspace system" under Section 333© ofthe 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 ofan exemption allowing itto operate lightweight, remote controlled UASs. 

# ?21. Contact Information: James Robert May
2. 5220 Future Drive,

.· lasVegas,Nevada. 89130 Tel.: {781)4245395 e-mail: flyus@cox;net
3. The Specific Sections ofTitle 14ofthe Code of Federal Regulations from Which We Request Exemption is: 14CFR 21: 14C.F.R. 45.23 (b): 14 CFR 61m113 (a) 

### & (b): 14C.F.R. 91, etseq.: · 14CFR 407 (a) (1): 14 CFR 409 (a) (2): 14CFR 417 (a) 

### & (b). U.S Dep'tofTrans.

· 4. The Extent ofReliefJ.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 relieffrom any currentlyapplicable FARsoperating in cinematic, research and otherflightoperations within the national airspace system. The Reform Act in Section 332 providesforsuch integration ofcivil unmanned aircraft systems into our National airspace system as itis in the public's interestto do so. Our lightweight UAS meets the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration ofour lightweight UAS is expressly contemplated bythe Reform Act. We would like tooperate our lightweight UAS priortothetime period by which the Reform Act requires the FAA to promulgate rules governing such craft.
The Reform Act guidesthe Secretary in determining thetypes ofUASs that may.operate

. Safely in our national airspace system. Considerations include:

• The weight, size, speed and overaII capabilities ofthe UAS: • Whetherthe UASwill beoperated near airports or populated areas: and, • Whetherthe UAS will be .operated by line ofsight.
112 P.L 95 § 333 (a). Each ofthese items militates in favor ofan exemption forJ.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 butoperate onlywithin the line ofsight ofthe remote control pilot. In addition tothe remote control pilot, we use a spotter, such that, atminimum; two personnel govern the safe flight ofthe aircraftat all times. Utilizing battery powerand notcombustible fuels, flights generally last betweenfive and twenty minutes. We do notoperate the UAS with less than twenty

### five percentbatterycapacity. Safety

### '·

systems in place include a GPS mode that allows the UAS to hover in place or return totakeofflocation if communication with the radio control pilot is lost and then slowly descend the UAS attwentyfive 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 ofthis small unmanned aircraftwill not "create a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 § 

### 333 (b). Given the small size and weight ofthe UAS, combined with its operation in cordoned offand well-controlled areas, thisfalls 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 threatto the general public or national security.
The FAA has the authority to issue the exemption sought byJ.R.May Photography pursuant to the Federal Aviation Act, 85 P.L 726 (1958), as amended (the 11

### Act").
4. Howthis Request Will Benefitthe Public As A Whole: Granting this exemption request furthers the public interest. Congress has already pronounced that it is in the public's interestto integrate commercially flown UASs intothe national airspace system, hence the passing ofthe Reform Act. J.R.May Photography conduct research into safe UAS operations everytime itflies its UAS. Allowing us to log more flighttime directly relates to our research and our abilitytofurther 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. Ifour UAS crashes there is nofuel to ignite and explode. The impact ofour lightweight UAS is negligible when compared to afull size helicopter, notwithstandingthe statistically noteworthysafety record offull 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 ofthe 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 inevitablefield. PermittingJ.R.May Photography to immediatelyfly within the United States furthers these goals. Whether it is the amalgam ofscientificdiscoveries applicable to feature film making (includingthose drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies oradvancements in equipment available to law enforcement personnel, first responders that does not cost millions ofdollars, grantingthis exemption request substantially furthersthe 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 thattheywould otherwise have no access to due to several. factors, cost being the biggest.
5. Reasons Why

### J.R.May Photography ExemptionWill NotAdversely Affect Safety Or HowThe Exemption Will Provide a level ofSafetyAt least Equal To Existing Rule: This exemption will not adversely affect safety. Quite the contrary, forthe reasons stated previously, permittingJames Robert May,which will be the only one flyingthe UAS,(J.R.May Photography), to log moreflighttime in FAA controlled airspace will allow us to innovate and implement newand novel, as ofyet undiscovered safety protocols. In addition, we submitthe following representations ofenhancementsto 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 perflight:

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

• Our remote control pilot operates the UAS by line ofsight

• Our UAS has GPS flight modes whereby it hovers, returns totakeoff position and then Slowly lands ifcommunication with the remote control pilot is lost or battery power Is below 25%:

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

Danger.
Oursafety protocols provide a level ofsafety at least equal to existing rules and in nearly every instance greaterthan existing rules. It is importantto notethat absent the integration of commercial UASs into our national airspace system, helicopters are the primary means ofaerial motion picture capture. While the safety record ofsuch 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 nofuel on board a UAS and thus the potentialforfire or explosions is greatly diminished. The small size and extreme maneuverability ofour UAS allows our remote control pilot to avoid hazards. Given theirsmall 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. 14C.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 ofnecessary airworthiness certificates in relation to FAR§ 91.203{a)(1}. The size, weight and enclosed operational area ofJ.R.May Photography UAS permits exemption from Part 21 because J.R.May Photography UAS meets an equivalent level ofsafety pursuantto Section333 ofthe Reform Act. The FAA is authorized to exempt aircraftfromthe airworthiness certificate requirement under both the Act {49 U.S.C. § 44701 {f) and Section 333 ofthe Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration ofthe weight, size speed, maneuverability and proximityto areas such as airports and dense populations. J.R.May Photography UAS meets or exceeds each ofthe elements.
14 C.F.R. 91.7{a} prohibitsthe operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.
14C.F.R § 91.9{b} {2} requires an aircraftflight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UASs, this Regulation Is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual atthe flight operations center. The FAA has previously issued exemptionsto their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
14C.F.R. § 91.121 regarding altimetersettings is inapplicable insofar as J.R.May Photography utilizes electronicglobal positioning systems and internal gyroscopes to provide spatial coordination.

• 14 C.F.R. § 91.203 (a}} and {b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations atJ.R.May Photography flight operations center.
B. 14C.F.R § 45.23: Marking ofthe Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked accordingto certain specifications. J.R.May Photography UAS is, by definition, uhmanned. Ittherefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficultto place on such small aircraft. Regardless, J.R.May Photography

# will mark its UAS in the largest possible lettering by placingthe word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. § 45.29{f} so thatthe pilot, technician, spotter and others workingwith the UAS will see the markings. The FAA has previously issued exemptionstothis 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 ofsafety 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 attendanttothe operation ofJ.R.May Photography UAS is far less than the risk levels inherent in the commercial activities outlined in 14C.F.R.§ 61, et seq. Thus, allowingJames Robert May Owner

## I OperatorforJ.R.May Photography to operate its UASwith 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. 14C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudesforthe operation ofcivil aircraft. Itallows helicopters to be operated at lower altitudes in certain conditions. J.R.May Photographywill never operate atan altitude greaterthan 400 AGL. J.R.May Photography will, however, operate its UAS in cordoned offareas with security perimeters, providing a level ofsafety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofJ.R.May Photography UAS, an equivalent level ofsafety will be achieved.
E. 14 C.F.R. 91.405 {a) (2); 417 (a) 

### & (b): Maintenance Inspections. The above cited Regulations require, amongst otherthings, aircraft owners and operators to "have aircraft inspected as prescribed in subpart Eofthis part and shall between required inspection, except as provided in paragraph 

### © ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...."
These Regulations only apply to aircraftwith an airworthiness certificate. Therefore, they will not applytoJ.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 ofsafety 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); 14C.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; 14C.F.R. § 91.119; 14C.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); 14C.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 unmannedaircraft 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 primarilyon the use oflarger 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 loweraltitudes and in controlled airspace. J.R.May Photography has been analyzing flight data and other information in compiling novel safety protocols and the implementation ofaflight operations manual that exceeds currently accepted means and methods ofsafe flight. There are no people on board J.R.May Photography UAS and therefore the likelihood ofdeath or serious bodily injury is significantly limited. J.R.May Photography operation ofits 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 ofsafetyas 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 avery small business and will 

### be operatinga UAS on avery small scale is applyingforthis exemption shows how serous weare about safety and doingthings properly. Thank you foryourtime and consideration.Respectfully 

### submitted,

# f.~.i:-:!/Yf;

# · Owner /Operator 5220 Future Drive, Las Vegas,Nevada.89130