### John R. Atha 1157 Gatewood Road Fayetteville, WV 25840 304.237.4669

US Department Of Transportation Federa l Aviation Administration 800 Independence Ave SW Wa s hington DC 20591

Dear S ir or Madam: 

### October 06, 2015

P ursuant to Sect ion 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. " Sect ion 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 s imultaneou s ly. 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 sect ions of the Tit le 14 Code of Federa l regu lat ions all owi ng it to operate l ightwe ight UASs for commercia l 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 th is application in accordance w ith the Reform Act , 112 P

. L. 95 331-334 , seeking rel ief from any currently applicable FAR ' S operating to prevent John R. Atha future commercial use of small UASs to operate in the national a i rspace system as described be low
. The reform Act sect ion 332 prov ides for such integrat ion of civ il unman ned a i rcraft in to our nat iona l airspace system as it is in the p u bli c's i nterest to do so

. John R. Atha UAS meets t he defi niti on of "sma ll unman ned a i rcraft " as defined i n Sect ion 331 and therefor the integrat ion of these UASs are expressly contemp lated by the Reform Act. John R. Atha wou ld l ike to operate its l ight we ight UAS prior to the t ime period by wh ich the Reform Act requires t he FAA to promu lgate ru les govern i ng such a i rcraft

. T he Reform Act directs t he Sec r eta ry of T ra nspo rtati on to co ns id e r wh ether certa i n unmann ed a ircraft system s m ay op e rate safely in nation a l a irspace befo r e compl eti o n of the rule making required under Section 332 of the reform Act. In making thi s 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 clo se proximity to airports and populated areas Operation of the UASs within vi s ua l line of sight of the operator.
Reform Act 333(a). If th e sec reta ry determine s that s uch vehicle s "may operate safely in National Airspace System, th e secreta ry s hall establi s h r equire me nts for t he safe operation in nation a l a irs pace

. John R. Atha will operate rotorcraft weighing le ss th a n 55 lb s

. and operate at spee ds less than 50 knots and have the capability to operate in the ve rtical a nd hori zontal plan e s imultaneously. The UAS will operate only within the line of s ight of the operator within a protected flight area and at 2 00 feet AGL or less. These will not present a ha za rd to the national airspace nor the public.
T he very s mall 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 operation s of UASs to commence immediately. Also due to the size of UASs and the area s and altitudes they will operate approval of thi s exception presents no national security iss ue s a nd ab solutely minimal safety concern s which have been mitigated through our rigorous risk management proces s. G iven the cle a r direction given in Section 333 of the Reform Act, the a uthority contained in the Federa l Aviation Act, as amended, the strong equivalent level of e nhanced safety, reduced emissions utili zing UASs verses traditional aircraft as well as t he economic imp act of gre atly redu c ing the co st of ae ri a l photography thereby benefiting t he g reater pu bli c' s inte r est. Accordingly, th e appli ca nt r equ ests th at t he F AA g ra nt th erequested 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. F lights will only operate in VFR cond iti ons. 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 Cert ificate s , sets forth requirements for procurement of necessary cert ifi cates in relation to FAR 91.203(a)(1 ). The size , weight and defined area of operations for John R. Atha UAS flights permits except ion from Part 21 because they meet an equivalent level of safety pursuant to Sect ion 333 of the Reform Act. The FAA is author ized to exempt a ircraft from the airworthiness certificate requirement under both the Act (49 USC 4470 (f) and Sect ion 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 a irports 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 "bl anket" COA for flights at or under 200 AGL to any UASs operator with a sect ion 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 a ircraft without an airworthiness certificate. As no such certificate will be app licable 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 except ion 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).

S incerely, 

# ~R.A-- John R. Atha 1157 Gatewood Road Fayetteville, WV 25840 304.237.4669