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

Docket No. FAA-2015-3787

Dear Sir orMadam, 

## Jonathan Rocha

4873 N. Morningstar Dr. PrescottValley, AZ 86301 928-830-4552 jonrochaaz@gmail.com

This is a revised petition to the original submittedjuly 3, 2015. A letter from your department dated November 24, 2015 requested for clarification in the name of the petitioner.
This application is being submitted on my own behalf. Pursuant to Section 333 ofthe FAAModernization and ReformAct of2012 (the Reform Act) and 14 C.F.R. Part 11, Aerial Approach, ltd., operator ofSmall UnmannedAircraft Systems ("sUASs") equipped to conduct aerial photography and videography for the real estate industry, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by theFAA as required by Section 333.1
As described more fully below, the requested exemption would permitthe operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4)would provide safety enhancements to the already safe operations inthe real estate industry presently using conventional aircraft. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary ofTransportation's (theFAAAdministrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.The name and address ofthe applicant is: Jonathan Rocha License: 3362953 Privileges: Private Pilot, Airplane Single Engine Land Issued: February 20, 2014 4873 N. Morningstar Dr. Prescott,AZ 86301 (recently moved)

Regulations from which the exemption is requested: 14 CFR 61.113 (a) & (b) 14 CFR91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.11914 C.F.R. 91.12114 CFR 91.151 (a) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (2) 14 CFR417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe NAS or the public orpose a threat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line of sight ofthe operator. Reform Act § 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added)2. The Federal AviationAct expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. 2 Applicant interprets this provision to place the duty onthe Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.TheAdministrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section orany sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14CFR §91.203 (a) (1). AerialApproach, ltd's UASs are rotorcraft, weighting 

### 5 orfewer lbs. including payload. They operate, under normal conditions at a speed ofno more than 30 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only inline ofsite. Such operations will insure that the sUAS will "notcreate a hazard to users ofthe national airspace system orthe public." 4 Given the small size ofour sUASs, the applicant falls squarely within that zone of safety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the cleardirection in Section 333 ofthe Reform Act, the authority contained in the Federal AviationAct, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for photography, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfullyrequests that the FAA grant the requested exemption without delay. AIRCRAFTAND EQUIVALENT LEVELOFSAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for atleast an equivalentoreven higher level ofsafety tooperations under the currentregulatory structure because the proposed operations represent a safety enhancement to the already safe movie and television filming operations conducted with conventional aircraft. These limitations and conditions to whichAerial Approach, ltd. agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than Sibs. 2. Flights will be operated within line ofsight of a pilot and/or observer. 3. Maximum total flight time for eachoperational flight will be 25 minutes. Flights will be terminated at25% battery powerreserve should thatoccurprior to the 25 minute limit. 4. Flights will be operated atanaltitude ofno more than 400feet AGLor, notmore than 200feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilotin Command (PIC) 7. The UAS will only operate within a confined area. 8.A briefing will be conducted in regard to the plannedsUAS operations priorto each project. Itwill be mandatory that all personnel who will be petforming duties be present for this briefing. 9. The operatorwill obtain the consentof all persons involved in the photography and filming and ensure that only consenting persons be allowed within 50feet ofthe flight operation. 10. Pilot and observer will have been trained in operation ofUAS generally and received up-to-date information on the particular UAS to be. 11. Observer and pilot will at all times be able to communicate by voice and/or text. 12. Written and/or oral permission from the relevant property holders will be obtained. 13. Ifthe sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre- determined location within the Security Perimeter and land. 14. The sUAS will have the capability to abort a flight in case ofunpredicted obstacles oremergencies. 14C.P.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitledAirworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by theApplicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal AviationAct (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Actboth authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunderis less than Sibs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area Unlike othercivil aircraft, operations under this exemption will be tightly controlled and monitored by the operator. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location of operation, lackofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking oftheAircraftThe regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display on that aircraft near eachentrance to the cabin, cockpit, orpilot station, in letters not less than 2 inches normore than 6 inches high, the words "limited," "restricted," "light- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed
as the UAS although there is noentrance to a cabin, cockpit orpilot station on which the word "Experimental" can be placed. Given the size ofthe sUAV, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage incompliance with §45.29 (f). The equivalent level ofsafety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where thepilot, observer and others working with the sUAV will see the identification ofthe UAS as "Experimental." Noperson may operate a U.S.-registered civil aircraft

... (2) Forwhich anAirplane orRotorcraftRightManual is notrequired by §21.5ofthis chapter, unless there is available in the aircraft a current approved airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has noability or place to carry such a flight manual on the aircraft, not onlybecause there is no piloton board, but because there is no room orcapacity to carry such anitem on the aircraft. The equivalent level of safety will be maintained bykeeping the flight manual atthe ground control point where the pilot flying the sUAS will have immediate access toit. The FAA has issued the fallowing exemptions to this regulation: Exemption Nos. 8607, fr/37, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,32827, and 10700. 14C.P.R.§ 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will notbe provided for the aircraft an exemption will be needed. An equivalentlevel ofsafety will be provided as set forth in Sections J and K ofthe Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 14C.P.R. §91.109: Right instruction: Section 91.103 provides thatno person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Rightcontrol is accomplished through the use ofa control box that communicates with the aircraft viaradiocommunications. TheFAAhas approved exemptions for flight training without fully functional dual controls for a numberofaircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety provided bythe fact that neither a pilot
norpassengers will be carried in the aircraft and bythe size and speed ofthe aircraft. 14C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated atless than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate ataltitudes up to 400AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate athigherthan 400AGL. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS
as well as the location where it is operated. No flight will be taken without the permission ofthe property owner orlocal officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraft weighting far more than the maximum 55lbs. proposed herein and the lackofflammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at orbelow 500AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small- UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, butinstead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown onthe GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flightin VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight inan aitplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for atleast30minutes; or (2) Atnight, to fly after that for at least 45 minutes." The battery powering the sUAS provides approximately 30minutes ofpowered flight. To meetthe reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10-12 minutes in length. Given the limitations on the UAS's proposed flight areaand the location ofits proposed operations within a predetermined area, a longer time frame for flight indaylight ornightVFRconditions is reasonable. Applicantbelieves that an exemption from 14CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation tooperate withoutcompliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners orofficial representatives who have signed waivers will be allowed, with less than 30minutes of reserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes thatan equivalentlevel ofsafety can be achieved by limiting flights to 30minutes or 25% ofbattery powerwhichever happens first. This restriction would be
more than adequate toreturn the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to otheroperations, including Exemptions 2689F, 5745, 10673, and 10808. 14C.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 currentairworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin orcockpitentrance sothat it is legible to passengers orcrew. The UAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents
ortodisplay them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilot flying the sUAS will have immediate access tothem, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofotherexceptions includes Exemption Nos. 9565, 9665,9789, 9789A, 9797, 9797A, 9816A, and 10700. 14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraftoperatororowner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, exceptas provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect ormaintain the aircraft in compliance with Part43. Given that these section and Part43 apply only toaircraft with an airworthiness certificate, these sections will not apply tothe applicant. Maintenance will be accomplished by the operatorpursuantto the flight manual. An equivalentlevel ofsafety will be achieved because these small UASs
are very limited in size and will carry a small payload and operate onlyin restricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediately andwill be operating from no higher than 400feet AGL. As provided in the Manual, the operator will ensure thatthe UAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition toprovide the equivalent level ofsafety. The operation ofsmall UASs, weighting less than

### 55 lbs., conducted in the strict conditions outlined above, will provide anequivalentlevel ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result,
are far safer than conventional operations conducted withturbine helicopters operating in close proximity to the ground and people. PrivacyAll flights will occuroverprivate or controlled access property with the property owner's priorconsent and knowledge. Filming will be ofpeople who have also consented to being filmed orotherwise have agreed to be in the area where filming will take place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Actof2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of applicant's UAS in the real estate industry.

Respectfully, 

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Jonathan Rocha Petitioner, OwnerofUAS