March 2, 2016 

: .. ' 

- t .,._ ·~ • 'i ' : 1" ..r ' -

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Docket No. FAA-2015-3787 

Dear Sir or Madam, 

Jonathan Rocha 

4873 N. Morningstar Dr. 

Prescott Valley, 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 of the FAA Modernization and Reform Act of2012 (the Reform 

Act) and 14 C.F.R. Part 11, Aerial Approach, ltd., operator of Small Unmanned Aircraft 

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 of its sUASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.1 

As described more fully below, the requested exemption would permit the 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 in the real estate industry 

presently using conventional aircraft. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to " ... establish requirements for the safe operation of such aircraft systems 

in the national airspace system." Section 333(c) of the Reform Act. 
The name and address of the 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 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.11914 

C.F.R. 91.12114 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) 

(2) 14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the 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 of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or 

the public or pose a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; • Operation of the UAS in 

close proximity to airports and populated areas; and • Operation of the UAS within visual 

line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate 

safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system." ld. §333(c) (emphasis 

added)2. 

The Federal Aviation Act 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 of the 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 on the Administrator to not only 

process applications for exemptions under section 333, but for the Administrator to craft 

conditions for the safe operation of the UAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory requirements for approval. 
The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 

USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

Aerial Approach, ltd's UASs are rotorcraft, weighting 5 or fewer lbs. including payload. 

They operate, under normal conditions at a speed of no more than 30 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They 

will operate only in line of site. Such operations will insure that the sUAS will "not create 

a hazard to users of the national airspace system or the public." 4 

Given the small size of our sUASs, the applicant falls squarely within that zone of safety 

(an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due to 

the size of the UASs and the restricted areas in which the relevant sUASs will operate, 

approval of the application presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety 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 of the requested exemptions is in the public interest. Accordingly, 

the applicant respectfully requests that the FAA grant the requested exemption without 

delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

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 at least an equivalent or even higher level of safety to operations 

under the current regulatory 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 which Aerial 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 of sight of 

a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 25 

minutes. Flights will be terminated at 25% battery power reserve should that occur prior 

to the 25 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet 

AGL or, not more than 200 feet above an elevated platform from which filming is 

planned. 5. Minimum crew for each operation will consist of the sUAS Pilot, and the 

Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC) 7. The UAS will only 

operate within a confined area. 8. A briefing will be conducted in regard to the planned 
sUAS operations prior to each project. It will be mandatory that all personnel who will be 

petforming duties be present for this briefing. 9. The operator will obtain the consent of 

all persons involved in the photography and filming and ensure that only consenting 

persons be allowed within 50 feet of the flight operation. 10. Pilot and observer will have 

been trained in operation of UAS 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. If the 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 of unpredicted 

obstacles or emergencies. 

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the 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 aircraft to be utilized by the Applicant, 

an exemption from Part 21 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 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these 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 or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than Sibs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area Unlike other civil 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 14 C.F.R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The 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 or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 
entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

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 no entrance to a cabin, cockpit or pilot station on which the 

word "Experimental" can be placed. Given the size of the sUAV, two-inch lettering will 

be impossible. The word "Experimental" will be placed on the fuselage in compliance 

with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAV will see the identification of the UAS as "Experimental." 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Right Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. 

The sUAS, 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 capacity to 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 pilot flying the sUAS will have immediate access to it. 

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. 14 C.P.R.§ 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. An equivalent level of safety will be 

provided as set forth in Sections J and K of the Manual. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances 

and aircraft performance data before initiation of flight. 14 C.P.R. §91.109: Right 

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 unless that aircraft has fully 

functioning dual controls. sUASs and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Right control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 

5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot 

nor passengers will be carried in the aircraft and by 
the size and speed of the aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 

91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by 

the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, 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 at higher than 400 AGL. It will 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 of safety will be achieved given the size, weight, speed of the UAS 

as well as the location where it is operated. No flight will be taken without the permission 

of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable 

fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the sUAS will ensure separation between these small- UAS operations and 

the operations of conventional aircraft that must comply with 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 altimeter that is set " ... to the elevation of the 

departure airport or an appropriate altimeter setting available before departure." As the 

sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel 

Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual 

from beginning "a flight in an aitplane under VFR 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 after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." 

The battery powering the sUAS provides approximately 30 minutes of powered flight. To 

meet the 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 area and the location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 
operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

30 minutes or 25% of battery power whichever happens first. This restriction would be 

more than adequate to return the sUAS to its planned landing zone from anywhere in its 

limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 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 unless the airworthiness certificate required by 

paragraph (a) of this 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. 

The UAS fully loaded weighs no more than 55lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 

9665,9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 

409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an 

aircraft operator or owner "shall have that 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 ... ," and others shall 

inspect or maintain the aircraft in compliance with Part 43. Given that these section and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the operator pursuant to the 

flight manual. An equivalent level of safety will be achieved because these small UASs 

are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. If mechanical issues arise the UAS can land immediately and 
will be operating from no higher than 400 feet AGL. As provided in the Manual, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 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 with turbine helicopters operating in 

close proximity to the ground and people. Privacy All flights will occur over private or 

controlled access property with the property owner's prior consent and knowledge. 

Filming will be of people who have also consented to being filmed or otherwise have 

agreed to be in the area where filming will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--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 of the requested exemptions allowing commercial operation of 

applicant's UAS in the real estate industry. 

Respectfully, gJJ+L_ 

Jonathan Rocha 

Petitioner, Owner of UAS