# LANTEX Landscape Architecture Inc.

28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 November 30, 2015 U. S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 **Re: Exem** **ption Request**  **Section 333**  **of the**  **FAA Reform**  **Act**

Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Lantex Landscape Architecture Inc. (LLA) a landscape architecture and planning consulting and services com pany and operator ofSmall Unmanned Aircraft Systems (“sUASs”), hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation ofour Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with andunder the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption wouldpermit Lantex Landscape Architecture, Inc. to pursue its commercial interests in providing services to clients using a small advanced sUAS in the following areas:

 Precision agriculture aerial surveying  Infrastructure inventory and mapping  Open space review and evaluation  Communications infrastructure inspection/monitoring  Wildlife and forestry monitoring  Construction site inspection and monitoring  Public entity support operations.  Real estate photography  Environmental aerial surveying As described more fullybelow, the requested exemption wouldpermit the operation ofsmall, 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 best practices safety protocols followed by LAA at each ofits clientproject locations. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system.” Section 333(c) ofthe Reform Act.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 The name and address ofthe applicant is: LANTEX Landscape Architecture, Inc. Attn: Blake Hinman 28052 Camino Capistrano, Suite 211 Laguna Niguel, CA 92677 Phone: 949 683
-1941 Email: blake.hinman@lantexla.com Regulations from which the exemption is requested: 14 C.F.R. Part 21 Certification procedures for products and parts 14 C.F.R. 45.23(b) Identification and registration marking 14 C.F.R. 61.113 (a) & (b) Private pilot privileges and limitations: pilot in command. 14 C.F.R. 91.7 (a) Civil aircraft airworthiness 14 C.F.R. 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements 14 C.F.R. 91.103 Preflight action 14 C.F.R. 91.109 Flight instruction; simulated instrument flight and certain flight tests 14 C.F
. R. 91.119 Minimum safe altitudes; general 14 C.F.R. 91.121 Altimeter settings 14 C.F.R. 91.151 (a) Fuel requirements and flight in VFR conditions 14 C.F.R. 91.203 (a) & (b) Civil aircraft; certifications required 14 C.F.R. 91.405 (a) Maintenance required 14 C.F.R. 407 (a) (1) Operation after maintenance, preventative maintenance, rebuilding or alteration 14 C.F.R. 409 (a) (2) Inspections 14 C.F.R. 417 (a) & (b) Maintenance records28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 **I. STATUTORY**  **AUTHORITY FOR**  **EXEMPTIONS** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702
-44716 ofthis title ifthe 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). Section 333(b) ofthe Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS’s size, weight, speed, and operational capability; • Whether the sUAS operates within the visual line ofsight ofthe operator • Whether the sUAS operates outside ofhighly populated areas and away from close proximity to airports Reform Act §333(a). Ifthe Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system.” Id
. §333(c). LANTEX Landscape Architecture Inc. sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed ofno more than 50 knots andhave the capability to hover, and move in the vertical and horizontal plane sim ultaneously. They will operate only in line ofsight and will operate only within a sterile area. Such operations will insure that the sUAS will “not create a hazard to users ofthe national airspace system or the public.” We are petitioning for exemption to enable LANTEX Landscape Architecture Inc. to operate a DJI Phantom 3 Professional Quadcopter equipped with a three
-axis gimbaled camera and aDJI Phantom 3 Standard Quadcopter equipped with a three
-axis gimbaled camera. These sUAS all weigh less than 25 lbs., have a built
- in capability to limit the height it flies above the ground, to limit the radius ofthe distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function ofthe autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely. Given the small size ofthe sUAS involved and the restricted and sterile environmentwithin which they will operate, our application falls squarely within the zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofsUAS to commence immediately. Also due to the small size ofthe sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations,28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 and the significant public benefit, including enhanced safety, the grant ofthe requested exemptions is in the public interest. Accordingly, LANTEX Landscape Architecture, Inc. respectfully requests that the FAA grant the requested exemption without delay. 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 ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. 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 ofthe Act that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. **II. PUBLIC**  **INTEREST** This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) ofthe ReformAct. This law directs the Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress’s intent ofallowing UAS to operate with significant safety precautions in low risk environments. The use ofsUAS on a work site can significantly reduce the risk to workers offalls while inspecting, surveying, ormonitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection. Falls are a leading source ofworkplace fatality and injury on construction sites, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use ofhelicopters and small aircraft to monitor sites. The sUAS we propose to fly in this application are under five pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our workers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are many hundreds oftimes heavier. 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.” Id. §333(c) (emphasis added) Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 **III. AIRCRAFT**  **AND EQUIVALENT**  **LEVEL OF**  **SAFETY** LANTEX Landscape Architecture Inc. proposes that the exemption requested herein apply sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafety to operations under the currentregulatory structure because the proposed operations represent a safety enhancement to the already safe operations conducted with conventional aircraft. These limitations and conditions to which LANTEX Landscape Architecture, Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will be less than 55 pounds. 2. Flights will be operatedwithin visual line ofsight ofa pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will normallybe operated below a maximum altitude of400 feet AGL. If the height needs tobe outside the blanket parameters a separate COA specific to the airspace shall be required for that operation must be obtained. 5. The crew for each operation will consist ofthe sUAS Pilot who will keep the sUAS within his visual line ofsight at all times. 6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the Flight Manual. 7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. The Manual also requires the establishment ofa “Security Perimeter” for the flight operations area. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeterbe present for this briefing. 9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain additional verbal orwritten consent ofall persons who will be allowed within 100 feet of the flight operation. 10. Pilot will have been trained in operation ofUASs generally and received up-to-date information on the particularUAS to be operated as requiredby Section F ofthe Manual. 11. Written and/or oral permission from the relevant property holders will be obtained. 12. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 13. Ifthe sUAS loses communications or loses its GPS signal, it will have capability to enter “loiter mode” and hover, reestablish satellite connection, and return to a predetermined location within the Security Perimeter and land.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 **IV. DESCRIPTION**  **OF SPECIFIC**  **REGULATIONS 14**  **C.F.R. §**  **45.23 (b).**  **Identification and**  **registration markings**  (a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letterused in the marks displayed must also be a Roman capital letter. (b) 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 operatormust also display on that aircraftnear 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 will have no entrance to the cabin, cockpit or pilot 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 in compliance with §45.29 (f). The equivalent level ofsafety will be provided by having the sUAV marked on its fuselage as requiredby §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 CFR**  **§ 61.113**  **(a) &**  **(b): Private**  **pilot privileges**  **and limitations:**  **Pilot in**  **command** (a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a private pilot certificate may act as pilot in command ofan aircraft that is carrying passengers orproperty for compensation orhire; normay that person, for compensation or hire, act as pilot in command ofan aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command ofan aircraft in connection with anybusiness or employment if: (1) The flight is only incidental to thatbusiness or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. (c) A private pilot may notpay less than the pro rata share ofthe operating expenses ofa flight with passengers, providedthe expenses involve only fuel, oil, airport expenditures, orrental fees. (d) A private pilot may act as pilot in command ofa charitable, nonprofit, or community event flight described in §91.146, ifthe sponsor andpilot comply with the requirements of§91.146. (e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned andunder the direction and control of: (1) A local, State, or Federal agency; or28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 (2) An organization that conducts search and location operations. (f) A private pilot who is an aircraft salesman andwho has at least 200 hours oflogged flight time may demonstrate an aircraft in flight to a prospective buyer. (g) A private pilot who meets the requirements of§61.69 may act as a pilot in command ofan aircraft towing a glider or unpowered ultralight vehicle. (h) A private pilot may act as pilot in command for the purpose ofconducting a production flight test in a light
-sport aircraft intended for certification in the light
-sport category under §21.190 of this chapter, provided that

— (1) The aircraft is a powered parachute or a weight
-shift
-control aircraft; (2) The person has at least 100 hours ofpilot
-in
-command time in the category and class ofaircraft flown; and (3) The person is familiar with the processes and procedures applicable to the conduct of production flight testing, to include operations conducted under a special flight permit and any associated operating limitations. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of 100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. SPSRV’s sUAS is also operatedby an autopilot, which greatly reduces the danger ofhuman error. **14 C.F.R.**  **§91.7(a): Civil**  **aircraft airworthiness.**  (a) No person may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command ofa civil aircraft is responsible for determining whether t hat aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when un-airworthy mechanical, electrical, or structural conditions occur. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Manual formaintenance and use ofsafety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level ofsafetywill be provided. **14 C.F.R.**  **§ 91.9**  **(b) (2):**  **Civil Aircraft**  **Flight Manual**  **in the**  **Aircraft.** (a) Except as provided in paragraph (d) ofthis section, no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, andplacards, or as otherwise prescribed by the certificating authority ofthe country ofregistry.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 (b) No person may operate a U.S.
-registered civil aircraft

— (1) Forwhich an Airplane or Rotorcraft Flight Manual is required by §21.5 ofthis chapter unless there is available in the aircraft a current, approved Airplane orRotorcraft Flight Manual or the manual provided for in §121.141(b); and (2) Forwhich an Airplane or Rotorcraft Flight Manual is notrequiredby §21.5 ofthis 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. (c) No person may operate a U.S.
-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. (d) Anyperson taking offor landing a helicopter certificated under part 29 ofthis chapter at a heliport constructed over water may make such momentary flight as is necessary for takeoffor landing through the prohibited range ofthe limiting height
-speed envelope established for the helicopter ifthat flight through the prohibited range takes place over water on which a safe ditching can be accomplished and ifthe helicopter is amphibious or is equipped with floats or other emergency flotation gear adequate to accomplish a safe emergency ditching on open water. Section 91.9 (b) (2) provides: No person may operate a U.S.
-registered civil aircraft
-(2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, andplacards, 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 onboard, butbecause there is no room or capacityto carry such an item on the aircraft. The equivalent level ofsafety will be maintainedby 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 following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R.**  **§ 91.103:**  **Preflight action**  Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— (a) For a flightunder IFR or a flight not in the vicinity ofan airport, weatherreports and forecasts, fuel requirements, alternatives available ifthe planned flight cannotbe completed, and any known traffic delays ofwhich the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports ofintendeduse, and the following takeoffand landing distance information: (1) For civil aircraft forwhich an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoffand landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) ofthis section, other reliable information appropriate to the aircraft, relating to aircraftperformance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 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 not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. **14 C.F.R.**  **§91.109: Flight**  **instruction**: (a) 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. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, inplace offixed, dual controls, when

— (1) The instructorhas determined that the flight can be conducted safely; and (2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (b) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place offixed, dual controls may be used for flight instruction to conduct a flight review required by §61.56 ofthis chapter, or to obtain recent flight experience or an instrument proficiency check required by §61.57 when

— (1) The airplane is equipped with operable rudder pedals at both pilot stations; (2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight; (3) The instructor is current and qualified to serve as pilot in command ofthe airplane, meets the requirements of§61.195(b), and has logged at least 25 hours ofpilot
-in
-command flight time in the make and model ofairplane; and (4) The pilot in command and the instructor have determined the flight canbe conducted safely. (c) No person may operate a civil aircraft in simulated instrument flight unless

— (1) The other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown. (2) The safetypilothas adequate vision forward and to each side ofthe aircraft, or a competent observer in the aircraft adequately supplements the vision ofthe safety pilot; and (3) Except in the case oflighter
-than
-air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single
-engine airplane, equipped with a single, functioning, throwover control wheel, inplace offixed, dual controls ofthe elevator and ailerons, when

— (i) The safety pilot has determined that the flight can be conducted safely; and (ii) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 (d) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot certificate or a class or type rating on that certificate, or for apart 121 proficiency flight test, unless the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in command ofthe aircraft. 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 aircrafthas fully functioning dual controls.
**s**UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa 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 ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level ofsafety providedby the fact thatneither a pilot nor passengers will be carried in the aircraft andbythe size and speed ofthe aircraft. **14 C.F.R.**  **§91.119: Minimum**  **safe altitudes**  Except when necessary for takeoffor landing, no person may operate an aircraftbelow the following altitudes: (a) Anywhere. An altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Overcongestedareas. Over any congested area ofa city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet ofthe aircraft. (c) Over other than congestedareas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, poweredparachutes, andweight

-shift

-control aircraft. Ifthe operation is conducted without hazard to persons orproperty on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided eachperson operating the helicopter complies with any routes or altitudes specificallyprescribed forhelicopters by the FAA; and (2) A powered parachute or weight
-shift
-control aircraft may be operated at less than the minimums prescribed in paragraph (c) ofthis section. Section 91.119 establishes safe altitudes for operation ofcivil 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 authorityto operate at altitudes up to 400 AGL
. As set forth herein, the UAS will never operate athigher than 400 AGL
. If the height needs to be outside the blanket parameters a separate COA specific to the airspace shall be required for thatoperation must be obtained. Comparedto flight operations with aircraft or rotorcraftweighting farmore28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 than the maximum 55lbs. proposedherein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL other industries. In addition, the low
-altitude operations ofthe sUAS will ensure separation between these small
-UAS operations and the operations ofconventional aircraft that must com ply with Section 91.119. **14 C.F.R.**  **§91.121: Altimeter**  **Settings** (a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed in paragraph (a)(1)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraftnot equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure; or (2) At or above 18,000 feetMSL, to 29.92ʺ Hg. (b) The lowestusable flight level is determined by the atmospheric pressure in the area of operation as shown in the following table:

**Current altimeter**  **setting Lowest**  **usable flight**  **level** 29.92 (or higher) 180 29.91 through 29.42 185 29.41 through 28.92 190 28.91 through 28.42 195 28.41 through 27.92 200 27.91 through 27.42 205 27.41 through 26.92 210 (c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent ofthe minimum altitude in feet and add the appropriate number offeet specified below, according to the current reported altimeter setting:

**Current altimeter**  **setting Adjustment**  **factor** 29.92 (or higher) None 29.91 through 29.42 500 29.41 through 28.92 1,000 28.91 through 28.42 1,50028052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 28.41 through 27.92 2,000 27.91 through 27.42 2,500 27.41 through 26.92 3,000
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation ofthe 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 ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. **14 C.F.R.**  **§ 91.151(a):**  **Fuel Requirements**  **for Flight**  **in VFR**  **Conditions** (a) No person may begin a flight in an airplane underVFR conditions unless (considering wind and forecastweather 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 at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraftunder VFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 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 batterypowering the sUAS provides approximately 40 minutes ofpowered flight. To meet the 30
- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight ornight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior 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 andproperty owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve 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 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% ofbattery powerwhicheverhappens first. This restriction would be more than adequate to return the sUAS to its28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
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-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 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)**  **(1) &**  **(b): Civil**  **aircraft: Certifications**  **required** (a) Except as provided in §91.715, no person may operate a civil aircraft unless ithas within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flightpermit, a copy ofthe applicable operations specifications issued under §21.197(c) ofthis chapter, appropriate sections ofthe air carrier manual requiredby parts 121 and 135 ofthis chapter containing that portion ofthe operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraftunder part 47 ofthis chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixedto the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy ofthe Aircraft registrationApplication as provided for in §47.31(c), or a registration certification issued under the laws ofa foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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. (c) No person may operate an aircraft with a fuel tank installed within the passenger com partment or a baggage compartment unless the installation was accomplished pursuant to part 43 ofthis chapter, and a copy ofFAA Form 337 authorizing that installation is on board the aircraft. (d) No person may operate a civil airplane (domestic or foreign) into or out ofan airport in the United States unless it complies with the fuel venting and exhaust emissions requirements ofpart 34 of this chapter. The UAS fully loaded weighs no more than 55 lbs. 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 ofsafety will be achievedby 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 ofother exceptions includes ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 **14 C.F.R.**  **§91.405 (a);**  **407 (a)**  **(1); 409**  **(a) (2);**  **417(a) &**  **(b): Maintenance**  **Inspections §91.405**  **Maintenance required.**  Each owner or operator ofan aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter; (b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service; (c) Shall have any inoperative instrument or item ofequipment, permitted to be inoperative by §91.213(d)(2) ofthis part, repaired, replaced, removed, or inspected at the next required inspection; and (d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by §43.11 ofthis chapter. **§91.407 Operation**  **after maintenance,**  **preventive ma** **intenance, rebuilding,**  **or alteration.**  (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— and (1) It has been approved for return to service by a person authorizedunder §43.7 ofthis chapter; (2) The maintenance record entry required by §43.9 or §43.11, as applicable, ofthis chapter has been made. (b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or substantially affected its operation in flightuntil an appropriately rated pilot with at least aprivate pilot certificate flies the aircraft, makes an operational check ofthe maintenance performed or alteration made, and logs the flight in the aircraftrecords. (c) The aircraft does not have to be flown as requiredby paragraph (b) ofthis section if, priorto flight, ground tests, inspection, or both show conclusively that the maintenance, preventive maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or substantially affected the flight operation ofthe aircraft. (Approved by the Office ofManagement and Budget under control number 2120
-0005) **§91.409 Inspections.**  (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

—28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorizedby §43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. No inspection performed under paragraph (b) ofthis section may be substituted for any inspection required by this paragraph unless it is performed by aperson authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records. (b) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft carrying any person (other than a crewmember) forhire, and no person may give flight instruction for hire in an aircraft which that personprovides, unless within the preceding 100 hours oftime in service the aircraft has received an annual or 100
-hour inspection andbeen approved for return to service in accordance with part 43 ofthis chapter or has received an inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. The 100
-hour limitation may be exceeded by not more than 10 hours while enroute to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done mustbe included in computing the next 100 hours of time in service. (c) Paragraphs (a) and (b) ofthis section do not apply to

— (1) An aircraft that carries a special flight permit, a current experimental certificate, or a light
-sport or provisional airworthiness certificate; (2) An aircraft inspected in accordance with an approved aircraft inspection program under part 125 or 135 ofthis chapter and so identifiedby the registrationnumber in the operations specifications of the certificate holder having the approved inspection program; (3) An aircraft subject to the requirements ofparagraph (d) or (e) ofthis section; or (4) Turbine
-powered rotorcraft when the operator elects to inspect that rotorcraft in accordance with paragraph (e) ofthis section. (d) Progressive inspection. Each registered owner or operator ofan aircraft desiring to use a progressive inspection program must submit a written request to the FAA Flight Standards district office havingjurisdiction over the area in which the applicant is located, and shall provide

— (1) A certificated mechanic holding an inspection authorization, a certificated airframe repair station, or the manufacturer ofthe aircraft to supervise or conduct the progressive inspection; (2) A current inspection procedures manual available and readily understandable to pilot and maintenance personnel containing, in detail

— (i) An explanation ofthe progressive inspection, including the continuity ofinspection responsibility, the making ofreports, and the keeping ofrecords and technical reference material; (ii) An inspection schedule, specifying the intervals in hours or days when routine and detailed inspections will be performed and including instructions for exceeding an inspection interval by not more than 10 hours while en route and for changing an inspection interval because ofservice experience; (iii) Sample routine and detailed inspection forms and instructions for their use; and28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 (iv) Sample reports and records and instructions for their use; (3) Enough housing and equipment for necessary disassembly and proper inspection ofthe aircraft; (4) Appropriate current technical information for the aircraft. The frequency and detail ofthe progressive inspection shall provide for the complete inspection ofthe aircraft within each 12 calendar months and be consistent with the manufacturer's recommendations, field service experience, and the kind ofoperation in which the aircraft is engaged. The progressive inspection schedule must ensure that the aircraft, at all times, will be airworthy and will conform to all applicable FAA aircraft specifications, type certificate data sheets, airworthiness directives, and other approved data. Ifthe progressive inspection is discontinued, the owner or operator shall immediately notify the local FAA Flight Standards district office, in writing, ofthe discontinuance. After the discontinuance, the first annual inspection under §91.409(a)(1) is due within 12 calendar months after the last complete inspection ofthe aircraft under the progressive inspection. The 100
-hour inspection under §91.409(b) is due within 100 hours after that complete inspection. A complete inspection ofthe aircraft, for the purpose ofdetermining when the annual and 100
-hour inspections are due, requires a detailed inspection ofthe aircraft and all its components in accordance with the progressive inspection. A routine inspection ofthe aircraft and a detailed inspection ofseveral components is not considered to be a complete inspection. (e) Large airplanes (to whichpart 125 is notapplicable), turbojet multiengine airplanes, turbopropeller

-

poweredmultiengine airplanes, and turbine

- powered rotorcraft. No person may operate a large airplane, turbojet multiengine airplane, turbopropeller
-powered multiengine airplane, or turbine
powered rotorcraft unless the replacement times for life
-limited parts specified in the aircraft specifications, ty

pe data sheets, or other documents approved by the Administrator are complied with and the airplane or turbine
-powered rotorcraft, including the airframe, engines, propellers, rotors, appliances, survival equipment, and emergency equipment, is inspected in accordance with an inspection program selected under the provisions ofparagraph (f) ofthis section, except that, the owner or operator ofa turbine
-powered rotorcraft may elect to use the inspection provisions of§91.409(a), (b), (c), or (d) in lieu ofan inspection option of§91.409(f). (f) Selection ofinspectionprogram underparagraph (e) ofthis section. The registered owner or operator ofeach airplane or turbine
-powered rotorcraft described in paragraph (e) ofthis section must select, identify in the aircraft maintenance records, and use one ofthe following programs for the inspection ofthe aircraft: (1) A continuous airworthiness inspection program that is part ofa continuous airworthiness maintenance program currently in use by a person holding an air carrier operating certificate or an operating certificate issuedunder part 121 or 135 ofthis chapter and operating that make and model aircraft under part 121 ofthis chapter or operating that make and model underpart 135 ofthis chapter and maintaining it under §135.411(a)(2) ofthis chapter. (2) An approved aircraft inspection program approvedunder §135.419 ofthis chapter and currently in use by a person holding an operating certificate issued underpart 135 ofthis chapter. (3) A current inspection program recommended by the manufacturer. (4) Any other inspection program established by the registered owner or operator ofthat airplane or turbine
-powered rotorcraft and approved by the Administrator under paragraph (g) ofthis section.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 However, the Administrator may require revision ofthis inspection program in accordance with the provisions of §91.415. Each operator shall include in the selected programthe name and address ofthe person responsible for scheduling the inspections requiredby the program and make a copy ofthat program available to the person performing inspections on the aircraft and, upon request, to the Administrator. (g) Inspectionprogram approved underparagraph (e) ofthis section. Each operator ofan airplane or turbine
-powered rotorcraft desiring to establish or change an approved inspection program under paragraph (f)(4) ofthis section must submit the program for approval to the local FAA Flight Standards district office havingjurisdiction over the area in which the aircraft is based. The program mustbe in writing and include at least the following information: (1) Instructions and procedures for the conduct ofinspections for the particular make andmodel airplane or turbine
-powered rotorcraft, including necessary tests and checks. The instructions and procedures must set forth in detail the parts and areas ofthe airframe, engines, propellers, rotors, and appliances, including survival and emergency equipment required to be inspected. (2) A schedule for performing the inspections that must be performed under the program expressed in terms ofthe time in service, calendar time, number ofsystem operations, or any combination ofthese. (h) Changesfrom one inspectionprogram to another. When an operator changes from one inspection program underparagraph (f) ofthis section to another, the time in service, calendar times, or cycles ofoperation accumulated under the previous program must be applied in determining inspection due times under the new program. **§91.417 Maintenance**  **records.** (a) Except forwork performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100
- hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include

— (i) A description (orreference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife
-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis.28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribedby §43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or supersededby other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under §43.11 ofthis chapter shall be retaineduntil the defects are repaired and the aircraft is approved forreturn to service. (c) The owner or operator shall make all maintenance records required to be keptby this section available for inspection by the Administrator or any authorized representative ofthe National Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 337 described in paragraph (d) ofthis section for inspection upon request ofany law enforcement officer. (d) When a fuel tank is installed within the passenger compartment or a baggage compartment pursuant to part 43 ofthis chapter, a copy ofFAA Form 337 shall be kept onboard the modified aircraft by the owner or operator. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part43 apply only to aircraftwith an airworthiness certificate, these sections will not apply to the applicant. The operatorpursuant to the flight manual and operating handbook will accomplish maintenance. An equivalent level ofsafety 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 oftime. Ifmechanical issues arise the UAS can land immediately and will be operating fromno 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, performrequired maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft andbest suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. ********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules:28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677 Telephone 949 683
-1941,Fax 949 347
-8305 Emailblake.hinman@lantexla.com License CA#2403, AZ#53787 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less). Approval ofexemptions allowing commercial operations ofsUASs, will enhance safety by reducing risk. Conventional operations, usingjet or piston power aircraft, operate at extremely low altitudesjust feet from the subjects being filmed and in extreme proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of4,000lbs, carrying large amounts ofjet A or other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing fewer than 55 lbs. andpowered bybatteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level 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 with turbine helicopters operating in close proximity to the ground andpeople. **Privacy** All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. The grant ofthis exemption request will provide improved safety in both day and night operations. Satisfaction ofthe criteriaprovided in Section 333 of the Reform Act of2012
-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

– provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation ofapplicant’s UAS. Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012
--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

– provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant’s sUAS in our clients’ specified industries. Sincerely,

Blake Hinman Principal LANTEX Landscape Architecture, Inc.