September 29, 2015 406 Aerial Imaging President/Owner: Grayson Sperry 1605 Durston#44 Bozeman, MT 59715 Email: 406aerialimaging@gmail.com Phone: 

### (406)-599-2666

U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room wl2-140 

### 1200 NewJersey Avenue, SE. Washington, DC 20590

Re: ExemptionRequest Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations

Dear Sir orMadam:

Pursuantto Section 3 3 3 ofthe FAAModernization and Reform Act of2012 and 14 CFRPart 11, 406AerialImaging, LLC, a company that owns and operates Small Unmanned Aerial Systems (UAS), requests to be exempted from certain Federal Aviation Regulations (FAR) listed below in orderto legally operate UAS for commercial use in controlled and uncontrolled airspace in accordance withthe conditions outlined herein or as establishedbythe FAA as required by Section 333.

Background and Planned Operations
406AerialImaging, LLCis a Montanabased company ownedby Grayson Sperry. Mr. Sperry is

a commercially rated pilot and Certified Flight Instructor, with a current medical certificate and flight review. Mr. Sperry has approximately 300 hours logged and is estimated to have approximately 50 hours offlight experience 

### with remote controlled aircraft and is familiar with maintenance and operating limitations ofsuch systems. 406AerialImaging, LLC's operations will be conducted inthe safest mannerpossible while focusing onphotography/videography (real-estate imaging, natural or scenic settings, and imaging for events or outings), inspections, training, assessments, etc.EquivalentLevel ofSafety

The requested exemption wouldpermitthe operation ofa lightweight (under 55 pounds total takeoffweight) unmanned aerial system (UAS) under controlled conditions for commercial use by a certified commercial pilot, which would enhance the level ofsafety and fulfilling the Secretary ofTransportation's orthe FAA Administrator's responsibility to "Establish requirements for safe operation ofsuch aircraft systems in national airspace systems", Section 333(c) ofthe Reform Act. The Enhanced Safety ofusing a UAS system for these purposes comparedto a manned aircraft ofsignificantly greater proportion and carrying a crew with flammable fuel is self-evident and beneficial to the public's interest. While safety is the top benefactor, additional benefit can benefit from gathering data more quickly with greater accuracy, while reducing environmental impact. All operations of406AerialImaging, LLCwill be conducted from safe and appropriate distances for the operation. Public safety and privacy is top priority, and operations will not be conducted without safeguarding both at all times.
UAS Devices

406AerialImaging, LLC's UAS are batterypowered and weigh much less than 55 pounds (including payload). Our intended fleet will include the DJI Phantom 3 Professional Quadcopter and the 3DRX8-M. Specifically, the fleet will consist of:

Manufacturer Model Max take- Max speed Flight Freq. off Time Weight 3DR Solo 4.4lbs 55mph 25 min 2.4GHz X8-M 8.llbs llmph 14 min 915 MHz/2.4GHz (recommended) IRIS- 4.2lbs <87kts(lOOmph) lOmin 915MHz MAPro DJI Inspire 1 6.47lbs 49mph 18 min 2.4GHz/5.8GHz Phantom 2.82lbs 36mph 23 min 2.400 GHz 3 Spreading 24lbs <87kts 15 min Class A Approved Wings (lOOmph) 1000+

These UAS operate well under 87 knots (100 mph) and have the capabilityto hover or simultaneously move inthe vertical and horizontal planes. The UAS communicationmethods are fully FCC compliant. The primary intent ofthese UAS are to utilize them for imaging at slow speeds in orderto produce high quality images and data collection. As upgrades become available to these systems and a thoroughreview ofnew documentation and additional flight training has been completed, we request the ability to upgrade these UAS platforms with advancements as they are made (software, sensors, etc.).
Statutory Authority for Exemptions406AerialImaging, LLCsubmits this application in accordance withthe Reform Act, 112 P

.L. 95 331-334, seeking relieffrom any currently applicable FARoperating to prevent 406Aerial Imaging, LLCfrom future commercial use ofsmall UAS to operate in the national airspace system as described below. The Reform Act Section 332 provides for such integration ofcivil unmanned aircraft into our national airspace system as it is in the public'sbest interest to do so. 406AerialImaging, LLC ' s UAS will meet the definition of"small unmanned aircraft" as defined in Section 

### 331, and therefore the integration ofthese UAS are expressly contemplated by the Reform Act. 406AerialImaging, LLCrequests permissionto use their light weight UAS priorto the time at which the Reform Act requires the FAAto promulgate rules governing such aircraft.

The Reform Act directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely innational airspace before completion ofthe rule making required under Section 332 ofthe Reform Act. In making this determination, the Secretary of Transportation is required to determine which UAS do create a hazard to users ofthe airspace system, the general public, or pose a threat to national security. These considerations have been made inlight ofthe following characteristics:
1) The UAS size, weight, and speed 2) Operational capability such as distance and range 

### 3) Operation ofUAS in proximityto airports and populated areas 4) Operation ofthe UAS within visual line ofsight (VLOS)

From the Reform Act 333(a), ifthe Secretary determines that such vehicles may operate safely 

### in the national airspace system, the secretary shall establishrequirements for the safe operation within national airspace.

With this in mind, 406AerialImaging, LLCutilizes small UAS inthe form ofmulti-prop RC helicopters weighing much less than 55 pounds, and operating at less than 87 knots, and have the capability to hover, or move inthe vertical and horizontal planes rapidly and precisely. The UAS will only be operated within VLOS ofthe operator and within a controlled flight area not to exceed 400 above ground level (AGL). We envisionthat these UAS will mostly operate below 200 AGL. These operations will not present a hazard to the national airspace system orto the general public

.
In addition to the engineering controls ofthe aircraft, such as an automatic return to home feature whenthe UAS is low on battery or loses contact with the controller, 406AerialImaging, LLC will mitigate additional risk by planning each flight with weather, time, distance, battery, and systemperformance requirements inmind. The small size ofthe UAS and the low altitudes that they will operate within do not pose a risk to national security, as they have small payloads designed for cameras and sensor equipment. With security and safety inmind, it shall be noted that ifany imaging operationtakes place in controlled airspace, the controlling agency shall benotified (Towers, ARTCC, FSDO ifnecessary, etc.). Any operations in or underlying special use airspace will be handled in accordance with FARinmind. Through these safety measures, and the additional measures listed in the Operational Risk Management section, 406AerialImaging, LLCis requesting an immediate exemptionto operate UAS 

### incommercial operations. These provisions will allow for the safe operation to a greater extent than what Congress had envisioned for the FAA to establish. In addition, under Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong level ofenhanced safety, reduced emissions, reduced cost, and a more reliable/enjoyable service thereby benefits the public's interest. With this in mind, 406AerialImaging, LLCis requesting this exemption without delay. Regulations for Exemption Request

Regulation Description 14 CFR21, Subpart Airworthiness Certificates H 14 CFR45.23 (b) Identification and Registration Marking 14 CFR 91.7 (a) Civil Aircraft Airworthiness 14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual, Marking, and Placard Requirements 14 CFR 91.103 (b) Preflight Action 14 CFR 91.109 Flight Instruction; Simulated Instrument Flight and Certain Flight Tests 14 CFR 91.119 Minimum Safe Altitudes 14 CFR 91.121 Altimeter Settings 14 CFR 91.151 (a) Fuel Requirements for flight in VFR conditions 14 CFR 91.203 (a) & Civil Aircraft: Certifications Required (b) 14 CPR 91.405 (a) Maintenance Required 14 CFR 91.407 (a) OperationAfter Maintenance, Preventative (1) Maintenance, Rebuilding, or Alteration 14 CFR 91.409 (a) & Inspections (B)

Additional detail onthis request is given inAppendix A below.
Operational Risk Management: Conditions and Limitations

406AerialImaging, LLCis proposing procedures and limitations for flight operations. These procedures and guidelines will be modified in accordance with the recommendations provided by the FAA in conjunction with the submission and approval ofthis request:
1) Flights will onlybe conducted during daylight hours.

### 2) Flights will be operated in the VLOS ofthe operator (PIC) and the Visual Observer (VO) using hwnan vision without the assistance ofsupplemental devices other than corrective lenses. 3) Flights will be terminated at any time the weather or wind deteriorate to be "unsafe for flight" as determined by the PIC and manufacturers' recommendations. 4) All docwnents and maintenance logs associated with the UAS will be present onthe site ofoperations. 

### In addition, the credentials ofthe PIC (pilot certificate, current flight review (or checkride), current medical, and proper identification) will be available atthe location ofoperations. 5) The UAS will be assessed for airworthiness by the PIC prior to each flight session using a checklist from the operations manual ofthe UAS. All necessary calibrations and testing prior to flight will be conducted using the manufacturer's procedure or recommendation. 6) The UAS will weigh less than 55 pounds and have speeds less than 87 knots. 7) Flights will not exceed 400 feet AGL. 8) Crew requirements will be at a minimwn: the operator (PIC), and an observer and/or

camera operator (VO). The PIC will be responsible for flying the UAS and monitoring its flight status and dynamics while maintaining VLOS and keeping the flight systems withinthe manufacturer's recommendations for safe flight. The VO will be involved in monitoring the airspace for other aircraft, potential hazards, bystanders, vehicles, and unforeseen flight hazards that may arise. 9) The PIC and crew (VO) will remain in voice contact during the entire flight operation. 10)Prior to commencing flight operations, all preflight planning will be completed and reviewed by the crew and established checklist. This process includes the review of weather forecasts, weather radar, and air traffic patterns for the area. The proximityto airports and TFRwill also be determined using an acceptable aviation procedure (Foreflight, Sectional Chart, etc.). If

### operations are anticipated within the boundaries of controlled airspace, the controlling agency will be notified prior to the operation. This notification will contain the identification oflocation, anticipated time, and the intent of flight operations. 406AerialImaging, LLC

### will also utilize a hand-held portable radio to enable monitoring oflocal air traffic and to establish communication with other aircraft

orthe controlling agency in

### the event ofan emergency. When in

### the vicinity ofnon-tower controlled airports, the CTAF will be monitored and communication with other aircraft will be conducted on an as needed basis for safe flight operations. All cloud clearance requirements will be complied with 

### in respect to the airspace the operation occurs within. Properprecautions will also be takenwhenperforming real-estate imaging, as to avoid other structures. 11)The PIC will conduct a final check ofthe flight area, examining potential flight hazards and to ensuring the area is clear ofall persons (excluding crew) and property in

### the flight

area.12)

### The PIC 

### will be required to have a pilot certificate appropriate for the level ofoperation

ortraining, as well as at least a third class medical. The PIC must be able to provide these documents at the location ofoperation. 13)The UAS will have the capability to return automatically to the operator in a safe manner in the unlikely event that communication is lostbetween the UAS and controller. The auto-return function will be checked on a regular basis and verified for proper operation. When possible, a starting GPS home location will be established prior to starting flight operations. 14)

### The UAS will have system monitors on the control to inform the operator offlight conditions, such as altitude, distance, and/or remaining batterypower or lowbattery alarm. 15)All training will include applicable ground instruction for safe operations. This will include at a minimum:

a. Airspace b. Right ofWay requirements (assuming UAS must give way to all other forms of aircraft)

c. Properpreflight procedures d. Aeronautical DecisionMaking (ADM)

e. Flight Training in an area free from hazards. 16)Written and/or oral permission from relevant landowners/managers will be obtained when flights are conducted overprivate or controlled access property.Benefit to the Public as a Whole Approval ofthe 333 exemptions mentioned within this application would allow commercial operations ofsmall UAS to provide numerous services that would benefit from aerial imaging, data collection, and surveys, all while greatly enhancing safety by reducing overall risk associated with using traditional aircraft. Traditional aerial imaging requires aircraft to fly in close proximityto populated areas while carrying flammable fuel and a valuable crew. The use ofsmall UAS, under 55 pounds, that are battery operated and flying below 400 feet AGL reduces the risk ofinjury to people onthe ground and the crew. The granting ofthe use ofsmall UAS to 406AerialImaging , LLCwill provide our company an opportunity to grow and provide career opportunities. This service would also enable the safe and beneficial services that would assist other companies intheir endeavors and provide information and enjoyment to the general public.

406AerialImaging, LLCrespectfully requests the FAA grand its exemption without delay. The FAAhas the authority to issue the exemption sought by 406AerialImaging, LLCpursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the Act).

Please contact me ifI canprovide additional information to assist and expedite this process.

Sincerely,

# ~~~

Grayson Sperry 406 Aerial Imaging, LLC 1605 Durston#44 Bozeman, MT 59715 406aerialimaging@gmail.com Cell (406)-599-2666

Certified Commercial Pilot- 3693383 Certified Flight Instructor

- 3693383CFI Appendix A: Regulations for Requested ExemptionRegulation Description Detailed Description Justification for Exemption 14 CFR21, Airworthiness Subpart H, entitled Giventhe size, weight, and defined area SubpartH Certificates Airworthiness ofoperations for 406AerialImaging, Certificated, sets forth LLCUAS flight permits exception from requirements for Part 21 because they meet an equivalent procurement of level ofsafety pursuantto Section 333 necessary ofthe Reform Act. The FAA is airworthiness authorized to exempt aircraft from the certificates 

### inrelation airworthiness certificate requirement to FAR 91.203 (a) (1) under boththe Act 49 USA 4470 (f) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAA to exempt UAS from airworthiness certificated in consideration ofweight, size, speed, maneuverability, and proximityto areas such as airports and dense populations. The UAS to be operated weigh than 55 pounds max weight and do not carry any persons, fuels, or explosive materials. They are operated within a secure controlled area. Operations under this exemption will be tightly controlled and monitored to
ensure safe operations.14CFR Identification This regulation Eventhough the UAS will have no 45.23 (b) and requires: When marks airworthiness certificate, an exemption Registration include only the may be needed as the UAS will have no Marking Roman Capital letter entrance to the cabin, cockpit, orpilot "N" andthe station onwhich the word registration number is "Experimental" canby placed. Given displayed on limited, the size ofthe UAS, two inch lettering restricted, orlight- will notbe possible. 

### The word sport category aircraft "Experimental" will be placed onthe
or experimental or fuselage in compliance with 45

.29 (f)

. provisionally The equivalent level ofsafety will be certificated aircraft, providedbyhaving the UAS marked on the operator must also its fuselage as required by 45.29 (f) display on that aircraft where the pilot, observer, and others

near each entrance to working with the UAS will see the the cabin, cockpit, or identification ofthe UAS as pilot station, in letters "Experimental"

. The FAAhas issued the not less than 2 inches following exemptions to this regulation
nor more than 6 inches to ExemptionNumbers: 10700, 8738, high, the words 10167, 10167A and 12994. Ifrequired, "limited", "restricted", the N registration number will also be "Light-sport", displayed onthe fuselage 

### in the largest "Experimental", or reasonable font size appropriate for the "Provisional" as dimension ofthe device for applicable. identificationpurposes. 14CFR Civil Aircraft This regulation Given the size ofthe aircraft and the 91.7 (a) Airworthiness requires that no person requirements contained in the may operate a civil Manufacturers Operating Manual for aircraft unless it is in maintenance and use ofsafety checklists airworthy condition. prior to each flight, an equivalent level As there will be no ofsafety will be achieved. airworthiness certificate issued for the UAS, should this exemption be granted,

no FAAregulatory standard will exist for determining airworthiness.14CFR Civil Aircraft No personmay The UA, given its size and configuration 91.9 (b) (2) Flight operate a U.S.- has no ability orplace to carry such a Manual, registered civil flight manual onthe aircraft. Not only Marking, and aircraft

....(2) For because there is no pilot onboard, but Placard which an Airplane or because there is no room or capacity to Requirements Rotorcraft Flight carry such an item onthe aircraft. An Manual is not required equivalent level ofsafety will be 

### by §21.5 ofthis achieved and maintained 

### by keeping the chapter, unless there is flight manual at the ground control point available inthe where the operator is flying the UAS aircraft a current withimmediate access to it. The FAA approved Airplane or has issued the following exemptions to Rotorcraft Flight this regulation: ExemptionNumbers: Manual,approved 8607,8737,8738,9299,9299A,9565, manual material, 95658, 10167, 10167A, 10602,32827, markings, and 10700, and 12994. placards, or any combinationthereof.

14CFR Preflight This regulation Flight information such as runway 91.103 (b) Action requires eachpilot in distances and flight performance are not command to become relevant to the operation ofUAS. The familiar with all equivalent action is that the PIC will information review airspace considerations, weather, concerning that flight flight battery requirements, and land and including runway property boundaries withrespect to distances and takeoff takeoffand landing locations. Manuals and landing distances

. for the UAS will be present on the This data will notbe location ofall operations. provided for the operating UAS, thus

an exemption will be needed.14CFR Flight This sectionprovides UAS are remotely piloted aircraft and by 91.109 Instruction; that no person may their design do not have fully functional Simulated operate a civil aircraft dual controls. Flight control is Instrument (except for a manned accomplished through the use ofa Flight and free balloon) thatis control boxthat communicates with the Certain Flight being used for flight aircraft viaradio communications. The Tests instruction unless that FAA has approved exemptions for flight aircraft has fully training. Without fully functional dual functioning dual controls for a number ofaircraft and for controls. flight instruction in experimental aircraft. See exemption numbers 5778K, 9862A, and 12994. The equivalent level ofsafety will be achieved as neither pilots nor passengers will be carried 

### in addition to the small size and low speeds ofthe aircraft. In addition, all flight or ground instruction will be given by a certified flight instructor.14CFR Minimum Section §91.119 This exemption is for a UAS that is a 

### 91.119 Safe Altitudes establishes safe multi-prop RC helicopter with the minimum altitudes for exemption requesting authority up to operation ofcivil 400 AGL. The equivalent level ofsafety aircraft. Section will be achieved, given the small weight, 

### §91.119 (d) allows size, and speed ofthe 

### UAS as well as helicopters to be the location where it is operated. No operated at less than flight will be taken onprivate property the minimums without the permission ofthe property prescribed, provided owner or an authorized property the person operating manager. the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 14CFR Altimeter This regulation Since UAS typically do not have a 91.121 Settings requires eachperson barometric altimeter, but instead a GPS operating an aircraft to altitude readout, an exemption may be maintain cruising needed. 

### An equivalent level ofsafety altitude byreference will be achieved by the operator, to an altimeterthat is pursuant to the Manual and Safety set "

...to the elevation Check list, by receiving altitude ofthe departure information with a digitally-encoded airport or an telemetric data feed which downlinks appropriate altimeter from the aircraft to a ground-based onsetting available screen display. This altitude information before departure." will be generated by equipment installed

onthe aircraft using GPS triangulation,

or digitally encodedbarometric altimeter, or radio altimeter, or any combinationthereof. Priorto each flight,

a zero altitude initiation point will be established, recorded, and confirmed for accuracy by the pilot.14CFR Fuel Section §91.151 (a) The batterypowering the UAS provides 91.151 (a) Requirements prohibits an individual approximately 20 minutes offlight time, for flight in from beginning "a depending on specific model. To meet VFR flight in an airplane the reserve requirements in 

### §91.151 conditions under VFRconditions would notbe practical. Giventhe unless (considering limitations onthe UAS proposed wind and forecast operations are within the unaided visual weather conditions) line ofsight distances, flight durations there is enough fuel to will be determined byremaining battery fly to the frrst intended life, which is indicated onthe controller. point oflanding, and, In addition to this, UAS have built in assuming a normal "returnto home" features which will be cruising speed

- (1) utilized whentelemetry indicators during the day to fly provide indication of25 percent battery after that for at least life remaining. Similar exemptions have 30 minutes; or (2) At been granted such as Exemptions 2689F, night, to fly after that 5745, 10673, and 10808. for at least

### 45 minutes." 14CFR Civil Aircraft The regulation The fully loadedUAS weighs much less 91.203 (a) :Certifications provides inpertinent than 55 pounds and is operated without & (b) Required part: (a) Except as any person onboard. As such, there is provided in § 91.715 no ability to carry certification and

no person may operate registration documents orto display

a civil aircraft unless it them onthe UAS. 

### An equivalent level of has within it the safety will be achieved by keeping these following: (1) An documents at the ground control point appropriate and where the pilot flying the UAS will have current airworthiness immediate access to them, to the extent certificate

.. (b) No they are applicable to the UAS. The person may operate a FAAhas issued numerous exemptions to civil aircraft unless the this regulation. Samples ofthese airworthiness exemptions include Exemption certificate required by Numbers: 9565, 9665, 9789, 9789A, paragraph (a) ofthis 9797, 9797A, 9816A, and 10700. section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers
or crew.

### 14 CFR Maintenance These regulations Giventhat these sections and Part 43 91.405 (a) Required, require that an aircraft apply to aircraft for whichthere is an 14CFR Operation operator or owner airworthiness certificate, these sections 91.407 (a) After "shall have that will not apply to the applicant. The (1) Maintenance, aircraft inspected as operator, pursuantto the operating 14CFR Preventative prescribed 

### in subpart handbook and flight manual, will 91.409 (a) Maintenance, E ofthis part and shall accomplish maintenance. Software and 

### &(B) Rebuilding, betweenrequired firmware will be maintained with Alteration, inspections, except as current versions. As the manufacturer and provided inparagraph dues notprovide specific maintenance Inspections (c) ofthis section, instructions, maintenance will be have discrepancies completed as needed and each aircraft repaired as prescribed will have a maintenance log. in part

### 43 ofthis chapter

..." and others shall inspect or maintain the aircraft in compliance with Part 43. References Part 91 Weblink to Part 91 General flight and Operating Rules Part 45 Weblink to Part 45 Identification and Registration Marking Petitioning for FAA 

### 333 Exem12tion Exemption Information Under Section 333