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### ... _:-,·.:·:--- ·: US Department of Transportation Exemption**Reque_?fPur~u.~n1to** Section 333 of the FAA

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Reform Act and Part 11 ofthe Federal Aviation

October 14, 2015

James Kenneth Moe 601 Carr Hill Rd. Gettysburg, PA 17325 717-642-8730 xjmoe4@yahoo.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417{a) and (b)

Dear Siror Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act")

And 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), James Kenneth Moe Hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.

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Thankyou in advanceforyour consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate 2. Crops 3. Search and Rescue 4. Weddings 5. Motion Pictures ITV 6. Construction/Engineering 7. Aerial Photography IVideography 8. Concerts 9. Wildlife 10. Mapping 11. FEMA 12. Education Events 13. Special Events 14. Fire Departments 15. House Inspections 16. Sporting Events 17. Agricultural 18. Birthday Parties 19. Federally Funded Projects 20. Land Surveys 21. UAS Training

As described fully below, the requested exemption would permitthe operation of designated UAS asset forth in this document undercontrolled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UASoperations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements forthe safe operation of such aircraft systems in the national airspace system.",......-



### I, ) ' ' <"; / lr

The name and address ofthe applicant is

James Kenneth Moe 601 Carr Hill Rd. Gettysburg, PA 17325 717-642-8730**~jmoe4@Y-ahoo.com**

From which the exemption is requested: 14 CFR Part21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 

### &(b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a):

Grants of exemption in circumstances similar in all material respects, In Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA2014-0804) Exemption Nos.11062, 11109,11112,11213, and 12645; Nos. 11062, 11109, 11112, 11213, and 12645.

James Kenneth MoeWill operate one or more of the Following model UAS

Yuneec QSOOSafety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operationswill further enhancethe safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the FlightOperations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs. It weighs lessthan 4 pounds with battery and camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximumflight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes of flight timewhichever occursfirst.

5. Flightswill be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the days' Production activities.

9. All flight activitieswill be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11

.The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) of atowercontrolled or uncontrolled airport.

12. Flights will not be closerthan a 5-mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet of the flight operation, and the radius may be reduced to 30feet based upon an equivalent level of safetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location andland autonomously.

19. The UAS will have the capabilityto abort aflight in case of emergencieswith
an automated "Return Home and Land" function.

20. The UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exemptaircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas of the particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificatewithout the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area.

Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree ofsafetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed bythe UAS, due to its size, speed of operation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraftneareach entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words 11limited/' 11restricted/' 111ight sport/'**~~experimental/'** or 11provisional/'as applicable

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter 11N11 and the registration number is displayed on limited, restricted or light sport category aircraft orexperimental or provisionally certificated aircraft.

The operator must also displayon that aircraft neareach entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words 11limited/' 11restricted/' 11light sport/'**~~experimental/'** or 11provisional/'
as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed, asthe UAS will have no entrance to the cabin, cockpit orpilot station on which the word lettering will be impossible. The word

11Experimental 11 will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 

### 20, 2015.

The equivalent level of safetywill be provided by having the UAS marked

11Experimental 11 can be placed. Given the size of the UAS, two inch on its fuselage
as required by §45.29 (f) wherethe pilot, observer and others working with the UAS will seethe identification of the UAS as 11Experimental. 11 14C.F.R. § 61.113 (a) and (b

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the It is believed thatthe operation and limitations setforth in the FOM will equate to the safe operation of the UAS.

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 airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill 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 mayoperate a U.S. registered civil aircraft

... (2) Forwhich an Airplane
or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,approved manual material, markings, and placards, or anycombination thereof. The UAS, 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 on board, but because there is no room or capacityto 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 pilotflying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions beforeflight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

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 unlessthat aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicateswith the aircraft via radio communications. The FAA has approved exemptions for flight training withoutfullyfunctional dual controls for a numberof aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation of civil aircraft. Section 91.119 (d) allows helicoptersto be operated at lessthan the minimums prescribed, provided the person operating the helicoptercomplies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption isfor a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will neveroperate at higherthan 400 AGLwith the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400feet AGL, the UAS will not be operated more than 200 feet abovethe highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operationswithouttheir pre obtained consent.

The equivalent level ofsafetywill be achieved given the size, weight, and speed of the UAS as well asthe location where it is operated. No flight will be takenwithoutthe permission ofthe property owneror local officials. Because ofthe advance noticeto the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operationswith aircraftor rotorcraft weighting far more than the maximum SSibs. Proposed herein and the lackofflammable fuel, any risk associated with these operations isfar lessthan those presently presented with conventional aircraftoperating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must complywith 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 altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safetywill be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane underVFR 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least45 minutes." The applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled areawhere only people and propertyowners or official representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes
or 25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UASto its planned landing zone from anywhere in its limited operating area.

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 unlessthe airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 55 lb limit and is operated without an onboard pilot. As such, there is no abilityor placeto carry certification and registration documents orto displaythem on the UAS. Anequivalent level of safetywill be achieved by keeping these documents atthe ground control point where the pilotflying the UASwill have immediate accessto them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operatororowner "shall havethat aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43ofthis chapter..," and others shall inspector maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenancewill be accomplished bythe operator pursuant to the flight manual and operating handbook. An equivalent level of safetywill be achieved becausethe UAS is very limited in size and will carry a small payload and operate only in restricted areas fora limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safetywill be achieved because maintenance and inspectionswill be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensurethat the UAS is in working order priorto initiating flight and perform required maintenance needed. Authority contained in 49 U.S.C. 106(f), 40113, and 44701

Additional Information. The applicantJames Kenneth Moe believesthis exemption request and associated safetyconsiderations adequately satisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustificationforthe granting of commercial operations ofthe applicant's UAS.The applicant, James Kenneth Moe requests your respective approval ofthis Section 333 exemption petition request.

Thank you for your attention in this matter. Please notifyJames Kenneth Moe Ofyour actions, and orapprovals. Thankyou, foryour interest in this request

Sincerely,

James Kenneth Moe

Manual Link:
http://www.sharperimage.com/pdf/manuals/203971.pdf