February 05, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of 

### Eminence Management, LLC for Exemption Pursuant to

Section 333 of the FAA Reform Act

Petitioner’s Name and Address:

Eminence Management, LLC

Owner Elwin Ocasio

731 Joanie LN

Salina, KS 67401

785

- 577

- 6199

elwin.ocasio@gmail.com

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11 , Eminence Management, LLC, operator of Small Unmanned Aircraft

Systems (“sUASs”) equipped to conduct aerial photography and videography, 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 smal l,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Eminence Management, LLC to conduct commercial operations of sUASs meeting or exceeding

all of the operational and safety requirements Congress has set forth in Section 333.

Eminence Management, LLC is a company owned and managed by E lwin Ocasio . One of the

purposes of Eminence Management, LLC is to provide high quality V ideo and Photography in

order to develop commerce in Saline County

, KS and its surrounding areas.

Eminence Management, LLC plans to use the capabilities of sUASs to offer a multitude of

services, including:

- Event Photography/Videography

- Agriculture a nd Livestock monitoring- Real Estate Photography / Videography and Presentation

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Car dealerships and Promotions Photography and Videography

- Corporate Business Promotions Videography and Photography

- Search and Rescue when needed

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft

Systems (UAS) operations in the National Airspace System (“NAS”). Section 333(a) states that

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the

national airspace system before completion of the (comprehensive) plan and rulemak ing

required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In

Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited

operation authorization” if several factors are met. Petit ioner meets all requirements to permit

FAA approval of commercial UAS operations.

The name and address of the applicant are:

Name: Eminence Management , LLC

Registered Owner : E lwin Ocasio

- Lopez

Address: 731 Joanie Lane

Salina, KS 67401

Phone #: 785

- 577

- 6199

Email: elwin.ocasio@gmail.com



### About Mr. Ocasio

Mr. Ocasio is 29 years old and has over 5 years in Remote Controlled (“RC”) aircraft e xperience

in rotary aircraft. This experience includes building, testing and flying a variety of RC aircraft.

In reference to Mr. Ocasio ’s c haracter

, he has never been arrested or convicted of a crime

more serious than a traffic violation. Employed by the Department Of Defense, Mr. Ocasio is

subject to an annual p olice background check, and holds a sec urity clearance

. Mr. Ocasio is

currently a Production Controller for the Department Of Defense Federal Civil Service

- Unit

Training Equipment Site (UTES) located in Salina, KS., a Staff Sergeant in the Kansas Army

National Guard beginning in June 2003, Iraq OEF Veteran having deployed 2006 to 2008, Owner

of Eminence Management, LLC since February 2015

. He is a respected and accomplished

member of his community

, o perate s a property management and marketing company

, he

coaches his daughter ’ s s oftball team, and volunteer s for his son and daughter’s school events to

include the most r e c ent Starbase program.

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)14 C.F.R 45.29

14 C.F.R. 61.3

14 C.F.R 61.23

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 61.133(a)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401

- 91.417)

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the

reduction of personnel needed to operate equipment, reduced noise levels and zero emissions

into the environment. In addition to providing cost savings and havin g little to no impact on the

environment, sUASs provide enhanced safety. These factors are beneficial for, and in the best

interest of, the public. Accordingly, the applicant respectfully requests that the FAA grant the

requested exemption without delay.

Petitioner is requesting an exemption to enable Eminence Management , LLC to operate a

Yuneec Typhoon Q500 4K sUAS that is unmodified and preset to standard safe factory

s pecifications. The sUAS has built

- in capability to limit 1) the height it flies above the ground

and 2) the radius of the distance it flies from the operator. Yuneec Typhoon Q500 4K also has

the failsafe function of the autopilot system, which means, when the communication between

the m ain c ontroller and the transmitter is disconnecte d for more than 3 seconds

, the s UAS will

return to home and remain in a hover until signal is once again gained. As safety feature th is

s UAS, will automatically land if the voltage reads under 10.7 volts for a consecutive 3 seconds

without transmitter con nection

. Petitioner would also like to request an exemption for any

additional new Yuneec Typhoon Q500s sUASs that are purchased in new condition in the future

in order to replace or add to the company’s sUASs.

A pre

- flight inspection will be performed by the PIC in accordance with the factory instruction

manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make

sure that the compass, gyro and acceleration values are within specs, positive GPS locks are

secure, battery heal th in each individual LiPo cells are balanced, and radio signals are locked in.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and

only manufacturer's authorized replacement parts will be used.FCC Information

The Yuneec Typhoon Q500 4K transmitters used for controlling the sUAS complies with part 15

of the FCC rules. Operation is subject to the following two conditions: (1) This device may not

cause harmful interference, and (2) this device must accept any interfer ence received, including

interference that may cause undesired operation.

The Yuneec Typhoon Q500 4K radio transmitter used for controlling the sUAS is wireless

technology which has been tested and found to be compliant with the applicable regulations

gove rning a radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the Yuneec Typhoon Q500 4K transmitter, the PIC will maintain a separation

distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet)

and the antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain a current s tate issued drivers license, plus at least 2 hours flying time and

3 takeoffs and landings within 30 days in the type of UAS utilized in operations.

The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled

Model Aircraft, of which, 10 hours will be flying sUASs.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include

all preflight preparation and inspection, in flight operation, post flight requirements, and all

procedures including but not limited to:

• Safe in flig ht operations

• Risk evaluation

• Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to communicate

clearly with the PIC. The Observers duties are:

• Warning the PIC of any impending obstacles in the flight path of the sUAS.

• Warning the PIC of any deviations in the planned flight path of the sUAS.

• Warning the PIC should any unauthorized personnel appear in the area of the planned flight.

The Observer will have the authority to ord er the PIC to terminate the flight should he feel the

flight cannot be conducted safely.14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first

- class medical certificate:

• When exercising the pilot

- in

- command privileges of an airline transport pilot certificate;

• When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or

supplemental operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this

chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exerci sing:

• Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)( 1 )(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the

autopilot (among others a flight termination system), Eric Stillwell believes that an Equivalent Level of

Safety can be reached if the operator has a valid driver's lice nse.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display th e word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs,

this requirement is impossible to match.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizat ions

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft

of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot

ce rtificate or authorization. However, when the aircraft is operated within a foreign country, a pilot

license issued by that country may be used. The regulation provides also that no person that holds a

private pilot certificate may act as pilot in command of an aircraft for compensation or hire.

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any

business or employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, Elwin Ocasio proposes that operators of the UAV should not be

required to hold a commercial or private pilot certification. The equivalent level of safe ty will beachieved by having an operator trained UAV manufacturer, and using the integrated features of the

aircraft to maintain a high level of safety during the different missions.

General Operating Standards

• Eminence Management , LLC will only operate its sUAS in line of sight of a pilot and/or

observer and will operate at sites that are a 'sufficient distance' from populated areas. Such

operations will insure that the sUAS will "not create a hazard to users of the national airspace

system or th e public."

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control

tower will be called to gain permission to operate the sUAS. The PIC will give the position,

altitude and the times the sUAS will be operated. The sUAS w ill not be operated at an altitude

of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Before an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will

be notified and the PIC will give the right of way to avoid flying in the proximity of full

- scale

aircraft. At no time will the sUAS be operated within the final approach course and the takeoff

course of any runway. The sUAS will not be operated at an altitude of over

200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 18

- 20 minutes.

• Flights will be terminated at 30% battery power reserve should that occur prio r to the

18

- 20 minute limit.

• The sUAS will not be operated at an altitude of more than 200 feet AGL, and not more than

200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbals).

• The sUAS will operate at speeds of no more than 19 knots , can hover, and can simultaneously

move vertically a nd horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which they will

operate, our sUAS operations adhere to the Reform Act's safety requirements.

The sUAS, powered by batteries, is smaller, lighter and more man euverable than larger aircraft

running on combustible fuel. The sUAS operates at lower altitudes with no people on board and

will thereby reduce current risk levels, enhance safety and diminish the likelihood of death or

serious bodily injury. With a small payload and maximum flight time of only 25 minutes, this

offers little or no risk to national security.Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, co mplex properties with several

buildings and large trees. The benefits of reduced cost and improved quality of presentation

from the sUAS over manned aircraft will be valuable to and benefit many buyers and sellers of

real property, farmers and ranchers, an d local city officials if a need for search and rescue

arises.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters, police, sheriff, etc., all while

remaining subject to all limitations cited below:

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an airspeed

of no more than 19 knots and no further than 1600 ft, or 0.263 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights o ver private property with the permission of the

property owner;

(e) All required permits will be obtained from state and local government prior to operation;

(f) Eminence Management , LLC will not be operated over densely populated areas;

(g) Eminence Manag ement , LLC will not be operating over any open

- air assembly of people;

(h) Eminence Management , LLC will not be operating over heavily trafficked roads;

(i) Eminence Management , LLC will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL O F SAFETY

Eminence Management , LLC requests an exemption from the following regulations as well as

any additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance both airworthiness certificates. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the Yuneec Typhoon Q500 4K under either or

both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following

purposes:

(a) **Research and development**

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations , new

aircraft operating techniques, or new uses for aircraft.

(b) **Showing compliance with regulations**

.Conducting flight tests and other operations to show compliance with the airworthiness

regulations including flights to show compliance for issuance of type and supplemental type

certificates, flights to substantiate major design changes, and flights to show compliance with

the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys,

sales demonstrations, and customer crew training, we would expect that an experimental

certificate would permit our commercial purpose as well. The aircraft will not carry persons or

property, will not carry fuel, and will only fly under strict operational requirements. Combined

with the UAS's light weight, being constructed primarily of carbon fiber and plastic, we propose

that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft

performing th e same mission. If an experimental airworthiness certificate is not appropriate for

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the

requirement for an airworthiness certificate in general, citing the equivalent level of safety

outlined in the previous paragraph.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness

certificate

.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation,

the documentation would not be available to the crew durin g flight operations.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight

tests

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls. The Yuneec Typhoon Q500 4K

is not capable of duel/linked controls so Eminence Management , LLC will be operating with a

single remote controller.

91.119 Minimum safe altitudes :

General. The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical

mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures

it would be necessary to operate closer than 500 feet to the items listed. Operations will onlybe flown over property or persons where permission has been obtained and careful preplanned

flight path has been performed. The aircraft will be o perated at a low altitude allowing, if a

power unit fails, an emergency landing without undue hazard to persons or property on the

surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons,

vehicles and structures is minimal compared to manned aircraft, which should be considered in

granting the exemption.

CFR 91.121 Altimeter settings

.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 N M of the aircraft. The sUAS will always fly below 200

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other

aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted

via radio f rom the sUAS on

- board computer to the display screen held by the PIC, providing a

constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

.

The regulation provides that no person may begin a flight in an airplane under day

- VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. T he sUAS is battery operated and the maximum

duration of flight from a single battery charge is up to 25 minutes. Since the aircraft will never

fly more than 0.263 NM from the point of intended landing, a full battery charge at launch will

ensure that we meet the reserve energy requirement of this paragraph. We request an

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

.

The regulation provides that an airworthiness certificate, with the registration number assigned

to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or

co ckpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47

pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not

capable of carrying passengers or crew. As no such certificate will b e applicable in the form

contemplated by the FARs, this Regulation is inapplicable.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance,

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intentio n that the PIC perform maintenance

and inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in

a ddition conduct detailed i nspections after every two hours of flight. Maintenance performed

by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical

connections and updating software and firmware for the on

- board computer. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

will document work performed in accordance with 91.417. We feel that due to the size,

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

Eminence Management , LLC will be using the UAS in a variety of applications that generally

require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles

offer more efficient and sa fer benefits over the use of full

- sized manned aircraft for aerial

photography, advanced agriculture monitoring, film and still photography, real estate

marketing and aerial videography.

Replacing significantly larger manned aircraft carrying crew and flam mable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

By granting Eminence Management

, LLC‘s requested exemptions, the FAA will help drive

development of safe and successful commercial UAS operations and will advance the public

knowledge base for such operations.

Conclusion

As pointed out in this application, the Yuneec Typhoon Q500 4K which our company would use,

under authorization by the US DOT

- FAA, is a small, light

- weight device operated within the line

of sight of the Pilot

- in

- Command (PIC), less than 200 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

unless the air traffic control author ities (ATC) have been notified and have authorized each

flight w ithin a radius of this distance as well as getting iss u ed a NOTAM 24 hours before every

flight.