Dale Young and American Drone Photography , Tucson AZ

- Section 333 Exemption Petition

August 26, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a ) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Dale Young and American Drone Photography , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Dale Young and

A merican Drone Photography , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Dale Young and American Drone Photography , may operate my small ultra lightweight unmanned aircr aft system (“UAS”) in commercially regulated airspace by the Federal Aviation Administration (“FAA”). As described herein I, Dale Young and American Drone Photography , have experience in flying hobby helicopters and planes for recreational purposes for ove r 3 years. I have experienced and logged 85 hours in Cessna 150 and 152 Light Aircraft, am not currently licensed but plan to renew at some point in the future... F ollowing exemption and approval by the FAA, I, Dale Young and American Drone Photography , wil l primarily use my hobby grade quad

- copter1 equipped with cameras for the following applications: aerial ideography /cinematography to enhance academic community awareness for individuals and companies unfamiliar with the geographical layout of the metro Tu cson and surrounding areas; augmentation of real estate listing videos; and the creation of visual and topography layout videos for Search and Rescue (SAR) missions for state and local agencies , education, agricultural inspections and building and

construc tion zone inspections. I will also include Data Collection

.

Attachment 2

- Phantom 3 Professional User Manual V1.2 http://download.dji

in novations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdfAttachment 3

– Inspire 1 User Manual V1.0 http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

Attachment 4

– DJI S800 User Manual V1.10 http://download.dji

- innovations.com/downloads/s800/S800_User_Manual_en.pdf

Attachment 5

– DJI S900 User Manual V1.2 http://download.dji

- innovations.com/downl oads/s900/en/S900_User_Manual_v1.2_en.pdf

Attachment 6

– DJI S1000 User Manual V1.10 http://download.dji

- innovations.com/downloads/s1000/en/S1000_User_Manu al_v1.10_en.pdf

Attachment 7

– 3D Robotics Solo User Manual V5 http://3drobotics.com/wp

- content/uploads/2015/08/v5_08_21_15.pdf

My, Dale Young and American Drone Photography , exemption request would permit the operation of ultra lightweight, unmanned (i.e. piloted by remote control) UAS’s for the development of community and government use videos, permissible within property boundaries for individual homeowners and
within in tightly controlled, limited airspaces predetermined in areas away from the general public, airports, heliports and vehicular traffic. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safe ty plan or controls in place to prevent catastrophe. With that in mind, I, Dale Young and American Drone Photography , have personally
installe d safety protocols and controls to avoid and prevent public hazard, as well as any catastrophic
manned aircraft ha zard. Furthermore, it is my intent to assist future FAA safety protocols and regulations exclusive to lightweight UAS's for specific video and photography usage by sharing information with the FAA as I, Dale Young and American Drone Photography , record fli ght data and other pertinent information gained through permitted flight operations. In addition, granting my, Dale Young and American Drone Photography ’s, exemption request will comply with the Secretary of Transportation’s (FAA Administrator’s) instructi ons to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS' s for real estate/Realtor purposes, educational videos, Search and Rescue, land/trusts inspections, and structure inspections, to aid
state and local agencies

. I will also include Data Collection and Special Events.

Further I, Dale Young and American Dro ne Photography , will conduct my operations in compliance with the protocols described herein or as otherwise established by the FA A . For the reasons stated below, I, Dale Young and American Drone Photography , respectfully request the grant of an exemption allowing me to operate ultra lightweight, remote controlled UAS’s to aid academic community awareness, to benefit/stimulate attraction to the metro Tucson area and to enhance personal and public video feeds. A grant that will ultimately allow UAS’s to play a more positive role in our local community by increasingemployment opportunities, heightening security measures and decreasing government expenditures by reducing the need for heavier manned aircraft, containing costly, combustible fuel

- a potential public hazard in and of itself. 6 Appendix F

- Personal Protocols and Co ntrols

I. Contact Information : Dale Young , American Drone Photography, 132 S. Sherwood Village Drive, Tucson, AZ 8 5710 Mobile: (520) 400

- 4757 Email: dyoung@theriver.com
II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Dale Young and American Drone Photography Requests Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).
III. The Ext ent of relief Dale Young and American Drone Photography Seeks and the Reason He Seeks Such Relief: I, Dale Young and American Drone Photography , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any

curr ently applicable FARs operating to prevent me, Dale Young and American Drone Photography , contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integrati on of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, Dale Young and American Drone Photography ’s, ultra lightweight UAS meets the definition of “small unmanned aircraft” as defined in Secti on 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that m ay operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by li ne of sight. 1112 P.L. 95 § 333 (a).

Each of these items reflects in favor of an exemption for me, Dale Young and American Drone Photography . My UAS’s utilize eight ( 8 ) or less rotating propellers for balance, control and stability. My UAS’s are equipped w ith the following via video and data telemetry : 1)Altimeter 2) Attitude indicator 3) Ground Speed indicator 4) Magnetic compass 5) Heading indicator 6) Vertical speed indicator 7) Course deviation indicator 8) Radio magnetic indicator 9) GPS location 10) Fuel consumption and Fuel Left with approximate time. 11) Loiter and circle mode. 12) Auto safety or RTL (Return To Launch) 13) Auto landing technology. Each UAS weighing less than Nine ( 9 ) pounds (far below the maximum 55 pound limit) ; including camera(s) with or without gimbal (a camera stabilizer). I, Dale Young and American Drone Photography , consider safety as foremost with each flight. My small unmanned aircraft is designed to hover in place, circle in a specific place or loiter (figure 8 flights ) via GPS and can be operated in winds up to 17.379 knots (20mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 13 knots (15 mph). Built in safety systems include a GPS mode that allows my UAS to hover/circle in place or land when radio controls are released. With six (6) modes to choose from, I willfly with the modes safest to complete the videos for aerial videography/photography and have the ability to choose the safest, most reliable and stable mode to prevent ac cident and hazard. When pilot communication is lost, UAS is designed slowly descend to point of takeoff and or to land at point of launch. I, Dale Young and American Drone Photography , will not operate my UAS near airports, hospitals nor police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (police/medical helicopters, etc.) and prepared to land/abort i mmediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My UAS’s are capable of vertical and horizontal operations, and is flown only within my line of sigh t, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between three (3) to fifteen (15) minutes, with an altitude under one hundred fifty (150) feet.

I, Dale Young and American Drone Photography , utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is eight (8) to twelve (30) minutes as tested. I do not operate my UAS at or below manufacture recommend minimum charge levels for oper ation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacemen t for sufficient safe level of operation. I do not believe in taking risk that may cause a crash that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote a reas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to mainta in adequate skills and response reflex time. All for the sake of safety. I, Dale Young and American Drone Photography , am extremely cautious when operating of my UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the nationa l airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the nati onal airspace system. Dale Young and American Drone Photography ’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

IV . How Dale Young and American Drone Photography ’s Reque st Will Benefit the Public As A Whole: Aerial videography for geographical awareness, education, search and rescue, land management, structure inspections and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies, average homeowners and property owners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non

- lux ury owners and lower budget companies from a valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash that the Tucson community has experienced in the past with military aircraft and medical helicopter
crash es within the city of Tucson. Each resulting in loss of life. I will also include Data Collection and Special Events

.Police helicopters have made emergency hard landings within city limits. My, Dale Young and American Drone Photography 's, UAS poses no suc h threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the p assing o f the Reform Act. Granting my, Dale Young and American Drone Photography ’s, exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around the metro Tucson area. My ultra light weight UAS ’s are b attery powered and creates no emissions that can harm the environment. The consequence of my ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophi c devastation to the public. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra lightweight UAS's. Permitting me, Dale Young and American Drone Photography , to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the metro Tucson and surrounding community for companies looking to relocate or build around the Tucson me tro area as well as individuals looking to relocate for career advancement through academic and geographical

awareness , b oth of which serve as a stimulus to the community.

V

. Reasons Why Dale Young and American Drone Photography ’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: My, Dale Young and American Drone Photography ’s, exemption will not adversely affect safety. Quite the contrary, for the reas ons stated permitting me, Dale Young and American Drone Photography , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscove red safety protocols for Realtors, land and structured

owners f or development in cooperation with the FAA. In addition I, Dale Young and American Drone Photography , submit the following representations of enhancements to current aerial videography and phot ography: My UAS’s weigh less than nine ( 9 ) pounds ; I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); My UAS only operate for 15 minutes per flight; I land my UAS prior to manufacturer recommended minimum level of battery power; I pilot my UAS through remote control only by line of sight; and have live video feed for a secondary pilot to monitor video recording; My UAS’s have a GPS controlled main frame

- a flight safety f eature whereby it hovers or circles and then lands at the GPS takeoff point if communication with the remote control pilot is lost; I actively record and analyze flight data through the APM main frame and other sources of information to constantly update a nd enhance safety protocols; I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; I conduct extensive preflight inspections and protocol, during which safety carries primary importance; I always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in the event of safety breaches or potential danger. My, Dale Young and American Drone Photography ’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note thatabsent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for commu nity awareness real estate, structured inspections, land management and search and rescue While the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra lightweight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and I only operate my UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarizat ion/competency and will continue to operate at and above current safety levels.

VI

. A Summary : The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitl ed 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

my, Dale Young and American Drone Photography ’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, Dale Young and American Drone Photography ’s, current and projected UAS's meet or exceed 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 ap plicable 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 on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299,
9299 A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor or control l ed GPS “geofencing”

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 any such required certif ications and registrations by me, Dale Young and American Drone Photography

.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. My UAS are, by definition , unmanned. They therefore do 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 with dimensions smaller that minimal lettering requirement. Regardl ess, I will mark its UASs 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 I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has prev iously 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

- commercia l operations. I, Dale Young and American Drone Photography , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Dale Young and American Drone Photography , to operate my UA S meet and 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 lowe r altitudes in certain conditions. My

UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Dale Young and American Drone Photography , will however operate my UAS in safe areas away from public and traffic, p roviding a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 10 Appendix E

- Safety/Flight Manual The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this par t and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Dale Young and American Drone Photography 's, UAS. However, as a safety precaution I inspect my UAS before and after each flight.

The above

- cited Regulations require, amongst other things, aircraft owners and operators to “hav e [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”These Regulations on ly apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Dale Young and American Drone Photography ’s, UAS. However, as a safety precaution I inspect my UAS before and after each flight.

A Summary The FAA May Publish i n the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91:Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in r elation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Dale Young and American Drone Photography ’s, UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Ac t. 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 UAS's from the airworthiness
certif icate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My 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, a nd given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565 B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. In summary, Dale Young and American Drone Photography seeks an exemption from th e 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; 14 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 my, Dale Young and American Drone Photography , small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, education, structural inspection land management, search and rescue and real estate operations, and to develop economic platforms for the aforementioned to enhance the experience of thos e seeking to relocate, rebuild, reevaluate and to find in the metro Tucson area. I will also include Data Collection and Special Events.

Currently, the aforementioned aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public, granting my, Dale Young and American Drone Photography ’s, request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is sm aller, lighter and more maneuverable than conventional video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from
established airfields. I, Dale Young and American Drone Photography , have been informally analyzing and recording flight information and will compile safety protocols and the implementation of a flight operations manual for usage that exceeds currently accepted means and methods for safe flight. Formal
collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my, Dale Young and Americ an Drone Photography ’s, UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Dale Young and American Drone Photography ’s,operation of my UAS, weighing less than seven (7) pounds and travelling at lower spee ds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Dale Young and American Drone Photography , respectfully request that the FAA grant my exemption request and am willing to cooperate in sh aring information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Dale Young American Drone Photography 132 S. Sherwood Village Drive, Tucson, AZ. 85710