John R. Atha 

1157 Gatewood Road 

Fayetteville, WV 25840 

304.237.4669 

US Department Of Transportation 

Federal Aviation Administration 

800 Independence Ave SW 

Washington DC 20591 

Dear Sir or Madam: 

October 06, 2015 

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

act) and CFR Part 11, John R. Atha, owner and operator of Small Unmanned Aircraft 

Systems (UASs), request to be exempted from the Federal Aviation Regulations (FAR) 

listed below so that John R. Atha may operate UASs commercially in airspace regulated 

by the FAA., as long as such operations are conducted within and under the conditions 

outlined herein or as maybe established by the FAA as required by Section 333. 

John R. Atha is committed to safety and all operations will be performed with the public's 

safety and right to privacy safe guarded at all times. 

As described below, the requested exception would permit the operation of light weight 

(less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial 

use and fulfilling the Secretary of Transportation's ( the FAA Administrator's) 

responsibility to" establish requirements for safe operation of such aircraft systems in 

national airspace systems." Section 333(c), of the Reform Act. 

John R. Atha UAS is a rotorcraft weighing less than 55 pounds including payload. (The 

OJI Phantom 3 Quad Copter) It operates at a speed less than 50 knots and has the 

capability to hover and move in the vertical and horizontal plane simultaneously. It has 

an auto return mode that can be activated from remote control or is automatic when 

battery power is under 25%, if signal is lost between remote control and UAS or multiple 

GPS signals are lost. 

The UAS will operate within the line of sight with in a protected flight area as described 

below and at 200 feet AGL or less with an observer located close at hand as to make 

voice communication possible. These operations will not create a hazard to users of the 

nation airspace, public nor the environment. 
John R. Atha respectfully requests the grant of an exception to the following specific 

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight 

UASs for commercial use, 

14 CFR 21 , subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91 .9 (b) (2) 

91 .103 (b), 91 .109, 91.119, 91 .121 ,91.151 ,(a), 91.203(a) 

&(b),91.405(a), 91.407(a)(1 ), 91.409(a)&(b). 

John R. Atha submits this application in accordance with the Reform Act , 112 P.L. 95 

331-334, seeking relief from any currently applicable FAR'S operating to prevent John R. 

Atha future commercial use of small UASs to operate in the national airspace system as 

described below. The reform Act section 332 provides for such integration of civil 

unmanned aircraft into our national airspace system as it is in the public's interest to do 

so. John R. Atha UAS meets the definition of "small unmanned aircraft" as defined in 

Section 331 and therefor the integration of these UASs are expressly contemplated by the 

Reform Act. John R. Atha would like to operate its light weight UAS prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing such 

aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in national airspace before completion of 

the rule making required under Section 332 of the reform Act. In making this 

determination, the Secretary of Transportation is required to determine which UASs do 

create a hazard to users of the national airspace system or the public or pose a threat to 

national security in light of the following: 

The UASs size, speed, weight and operational capability Operation of the UASs in close 

proximity to airports and populated areas Operation of the UASs within visual line of sight 

of the operator. 

Reform Act 333(a). If the secretary determines that such vehicles "may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe 

operation in national airspace. 

John R. Atha will operate rotorcraft weighing less than 55 lbs. and operate at speeds less 

than 50 knots and have the capability to operate in the vertical and horizontal plane 

simultaneously. The UAS will operate only within the line of sight of the operator within a 

protected flight area and at 200 feet AGL or less. These will not present a hazard to the 

national airspace nor the public. 

The very small nature of these UASs combined with the safe guards presented below, 

will allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UASs to commence 

immediately. Also due to the size of UASs and the areas and altitudes they will operate 

approval of this exception presents no national security issues and absolutely minimal 

safety concerns which have been mitigated through our rigorous risk management 

process. Given the clear direction given in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the strong equivalent level of 

enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as 

the economic impact of greatly reducing the cost of aerial photography thereby benefiting 

the greater public's interest. Accordingly, the applicant requests that the FAA grant the 
requested exemption without delay. 

The following will be considered as the binding limitation on operations of John R. Atha. 

1. Flights will only occur in the day time hours, 

2. Flights will be operated in the line of sight of the operator( PIC) and 

Observer,(VSO) 

3. Flights will be terminated at any time weather and wind deteriorate to "unsafe for 

flight" by manufacturers recommendations, 

4. The UAS will weigh less than 55 lbs., 

5. Flights will be operated at 200 feet AGL or less. 

6. Crew will be at a minimum of operator(PIC) and an observer and/or camera 

operator(VSO), 

7. Operator and crew will remain in contact during the flight operation, 

8. The UAS operator will perform a check of the flight area and make certain of the 

safety of all persons in the area, 

9. Consent will be obtained from all persons with in the video capabilities of the units 

to further reduce the chance of violating anyone's privacy. 

10. All required FAA clearances, will be obtained and distances from airports strictly 

observed. 

11. All UAS will have the capability to return automatically to the operator in a safe 

manner with the auto return function checked and working. 

12. Flights will only operate in VFR conditions. 

13. UAS has a function on the control to tell operator the distance away from the 

operator and its battery power remaining. 

14. Flight team will communicate by voice and the use of two-way radio if the area is 

too big to hear voice from all team members. 

15. When operating over or near a body of water the UAS will be equipped with 

flotation devices so that recovery can be made as to prevent lithium battery exposure to 

the water table. 

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary certificates in relation to FAR 91.203(a)(1 ). The size, weight and defined area 

of operations for John R. Atha UAS flights permits exception from Part 21 because they 

meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the 

Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit 

the FAA to exempt UASs from airworthiness certificates in consideration of weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. 

John R. Atha meets or exceeds each of these elements 

As of March 23, 2015 the FAA has stated that it will automatically grant a "blanket" COA 

for flights at or under 200 AGL to any UASs operator with a section 333 exemption. 

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. 

These are inapplicable for the same reasons stated above. Any certifications and 

registration information will be maintained at the corporate address. 

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by FAR's this regulation 

is inapplicable. 
14 CFR 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 UAS this regulation is inapplicable 

The FAA has previously issued exemptions to this regulation in Exemptions No's 

8607,8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602, 10700 and 

32827. 

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. John 

R. Atha will only operate its UAS at or below 200AGL. It will be operated on a will 

defined AOR that has been carefully reviewed for hazards and minimizes the presence of 

any persons not essential for these operations. Flights will only be over private property 

that the owner has consented and all persons within this video area also give consent for 

this filming. Compared to flight operations of conventional and traditional aircraft or 

rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel 

UASs operations present a far smaller risk to the public. 

Approval of these 333 Exemptions allowing commercial operations of small UASs in the 

service of aerial photography will greatly enhance safety by reducing the overall risk 

associated with traditional aircraft. Traditional aerial photography requires large aircraft 

with flammable fuel to fly in close proximity of populated areas and people in general. 

With the use of small UASs of 55 lbs. or less, battery operated and fling below 200 feet 

AGL the risk of injury of people on the ground or the crew has been reduced or almost 

erased. The granting of the use of these small UAS by John R. Atha will give the people 

and business another avenue to express themselves and to have a video record to share 

with clients, family and or friends. 

Granting John R. Atha the above exemption will allow for the expansion of UAS systems 

into the future for the safe conduct of free enterprise and the enjoyment of the masses. 

John R. Atha, respectfully requests the FAA grant its exception without delay. The FAA 

has the authority to issue the exemption sought by John R. Atha pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958) as amended (the ACT). 

Sincerely, 

~R.A--

John R. Atha 

1157 Gatewood Road 

Fayetteville, WV 25840 

304.237.4669