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• Aerial Productions and Imaging, LLC 118 N. Main St. Cascade ld 83611 FAA Rulemaking

Section 333 

### Of

### The FAA Reform Act and Part 11 Prepared by Tobie 

### K Olson February 6, 2015 Tobie Olson: (208)634-9229 Managing Member/Operator/Pilot

Daniel T. Dunn: (208)634-6896 ;: -I ( Managing Member/Professional land SlJ'rveyor (Idaho PI.S14217) 

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• February 6, 2015 Attention: United States Secretary ofTransportation Mr. Anthony R Foxx 

### 1200 NewJersey Ave. SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulationsform 14CFR 45.23{b); 14 CFR Part 

### 21; 14CFR61.113 (a) and (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.119; 91.121; 91.151 (a); 91.203 (a) and {b); 91.409 (a) (2); 91.417 (a) and (b) Dear Mr. Secretary, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (The Reform Act) and 14CFR Part 11, Aerial Productions and Imaging, LLC. Is the operatorofSmall Unmanned Aircraft Systems (SL!AS) equipped to conduct aerial photographyfor industrial, construction, private, survey and photography, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allowcommercial operation of

### its SUAS so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required bySection 333. 

### As described in more detail below, the requested exemption would permit the operation ofsmall, unmanned and relatively inexpensive SUAS undercontrolled conditions in airspace that is 1) limited 2) predetermined 3) would provide safety enhancements to the already safe operations in the industrial, construction, private and survey industries presently using conventional and unmanned aircraft. Approval ofthis exemption would thereby enhance safetyand fulfill the Secretary ofTransportation's responsibilities to "•.. establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system" Section 333 (C) OF THE Reform Act.

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• The name and address ofthe applicant is: Aerial Productions and Imaging, LLC. Phone: 208-382-5469 Address: 118 N Main ST. Cascade 10 83611 PO Box 884 Regulations from which the exemption is requested: 14 CFR Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) 

### & (b) 14 CFR 91.7 {a) 14 CFR 91.9 (b) (2) 14 CFR 103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 151 (a) 14 CFR 91.203 (a) 

### & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) 

### & (b)

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• This exemption application is expressly submitted to fulfill congress' goal in passing section 333 (a) through (c) ofthe Reform Act. This directsthe Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS} before completion ofthe rulemaking required underSection 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofSUAS do notcreate a hazard to users ofthe NAS or the public or Pose a threat to national security in lightofthe following: The SUAS size, weight, speed, and operational capability Operation ofthe SUAS in close proximitytoo airportsand populated areas Operation ofthe SUAS withinVisual line ofSight (VLOS) ofthe pilot and observers. Reform Act §333 (a). Lastly, ifthe Secretary determines that such vehicles "mayoperate safely inthe national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333 (c) The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority by itsterms includes exempted civil aircraft, as the term is defined under §40101 ofthe Act, that includes SUAS, from the requirementthatall civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702-44716 ofthistitle ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44704; 14CFR §91.203 (a) (1)

Applicants interpretation ofthis provision is the dutyofsaid provision is placed on the Administratorto not only process applications for exemptions under section 333, butto also craft conditions herein for the safe operation ofthe SUAS, 

### ifitshould be determined that the conditions setforth herein do not fulfill the statutory requirements for approval.

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• Aerial Productions**~nd** Imaging, LLC. SUAS are rotorcraft and fixed-wing aircraft, weighing 55 orfewer lbs. including payload. Operations of rotorcraft do not exceed more than 50 knots and are capable of hover and movement in vertical and horizontal movements simultaneously. Operations ofthe fixedwing do notexceed more than 50 knots and have very similarflight characteristics oftraditional airplanes. Both types ofSUAS will be operated only undervisual line ofsight (VLOS) and will operate only within the predetermined area and under predetermined altitudes as described in the Flight Operation Manual (FOM) attached as Exhibit (a). Adherence to the FOM will insure thatthe SUAS will "notcreate a hazard to the national airspace system orthe public." The small size and weight ofthe SUAS involved and the predetermined area and altitude that operations are conducted will place the applicantwithin a level ofsafety congruent with Congress vision that the FAA must, byexemption, allow commercial operations ofSUAS to commence immediately. Compliance ofthe applicants FOM given size and flight parameters ofthe SUAS will pose no reason that approval of the application presents no national security issue. 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, and significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing SUAS for industrial, construction, private, survey and photography operations, the grantofthe requested exemptions is in the public's interest. Accordingly, the applicant respectfully requeststhatthe FAA grant the requested exemption withoutdelay.

The Flight Operation Manual is presented as an applicant Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary methods and information thatthe applicant has notand will not share with others. The manual reflects learned experience, method, operating conditions, and procedures thatare notavailable to the public and are protected from release underthe Freedom 

### of Information Act USC 552 et. seq. Reform Act Section 333 (b)

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• AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Aerial Productions and Imaging, LLC. Requests exemptions to operate multi-engine quads and plans to add a third fixed- wing later in 2015. The applicant proposes that the exemption requested herein apply to civil aircraftthat have the characteristics and that operate with the limitations listed below. These limitations provide for at least an equivalentoreven higher level ofsafetyto operations underthe current FAR's. Furthermore the proposed operations enhance the safety ofalready safe operationsfor survey and photogrammetrycurrently conducted in conventional aircraft. Current SUAS 1. DJI Phantom 2 2. Thrust UAV Freeflight x4 The Phantom 2 and Freeflight

### X4 are Quad copters designed to carry a High Definition camera, Infra-Red camera, Thermal imager and survey grade Scanners. Powered by four electric motors utilizing an internal inertial measuring unitwith integrated barometric sensor augmented with GPS to maintain its geospatial orientation and position. Primary flight controls are radio controlled (RC) although the usual flight mission will be controlled by the ground control station through a PC Laptop. Real time video and telemetry information is transmitted back to the ground station allowing the Pilot in Charge (PIC)/Observerto monitor battery%, GPS signal strength, altitude, horizontal and vertical distance from the ground station and camera imagery. Built in failsafe modes initiate automatically in the event of loss ofground to aircraft signal. Altitude limitations will be programmed priorto each mission bythe PIC. The flight controller/ground station has automatic low batterywarnings in the form ofautomated announcements and also vibration warnings in the RC flight controller. The SUAS onboard flight controller monitors battery levels and will abortthe mission and "returnto home" in the eventof. low battery levels.

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• ALL SUAS operations conducted by Areal Productions and Imaging, LLC will: A: Be conducted in accordance with the FOM forAerial Productions and Imaging, LLC. B: SUAS will weigh less than 55 lbs. including the payload SUAS and attachments I.E. camera and components C: Preflight operations include PIC attaining FAA approved weather briefing, review ofcurrent sectional chartforthe area ofoperation to preclude operation within 5 miles ofan airportwith surface class Eorgreaterairspace. D: MonitorCommon Traffic Advisory Frequency (CTAF) orAirTraffic Control (ATC) with the ability to communicate with local traffic orATC with intentions and current locationsvia handheld aviation broadband radio. E: Be operated by an FAA certificated airman holding no less than a Private Pilot certificate and no less than a 3n:1 class medical. 

## F: G: 

## H: 1: Operate only in visual line ofsight (VLOS) ofthe PIC Operate at an altitude ofno more than 400feet above ground level (AGL). Operate at speeds of no more than 

## so knots. Be operated ata lateral distance ofno less than 100feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation orwho have notsigned a waiver in advance ofthe operation 

### J: limit each flight mission to 30 minutesor less. Flights will 

### be terminated at 25% battery power reserve or30 minutes which ever should occurfirst. K: Have the capability to return tothe point ofdeparture or a pre-determined .location 

### ifthe SUAS loses RC communications orGPS signal. 

### l: Be monitored bythe ground station, receiving real time SUAS info (i.e. battery, attitude, altitude, coarse heading, GPS location and flighttime. 

### M: Minimum 2 man crewfor each SUAS operation will consist ofthe PIC and Observer. In most cases a third Observer will observe or monitor imaging equipment. Page6 February 18, 2015 

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# • 14 CFR Part 21, subpart H: Airworthiness Certificates 14CFR §91.203 (a} (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by Aerial Productions and Imaging, LLC an exemption from Part 21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 

### (f) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement capability, and proximityto airports and populated areas ofthe particular (UAS). In all cases, an analysis ofthese criteria demonstratesthatthe SUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. The SUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area as set out inthe manual. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the PIC and Observers. These safety enhancements, which already applyto civil aircraft operated inthe industrial, construction, private, survey and photography, provide a greater degree ofsafety to the public and property ownersthan conventional pperations • conducted with airworthiness certificates issued under 14C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threatto national security posed by the SUAS due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto 

### carry a substantial external load.


# • 14 CFR §45.23 (b): Marking oftheAircraft Page7 February 18, 2015 

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The regulation requires marks include onlythe Roman capital letter N and the registration number is displayed on limited, restricted or light-sport category aircraftor experimental or provisionally certificated aircraft, the operator must also display on that aircraft neareach entrance to the cabin, cockpit, or pilot station, 

### hi letters not less than 

### 2 inches not more than 6 inches high, the words "limited, restricted, light-sport, experimental, or provisional", as applicable. The SUAS will have no airworthiness certificate, and exemption may be needed as the SUAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimentar' can be placed. Given the size ofthe SUAS, two-inch letteringwill be impossible. The Word "Experimental" will be placed on the fuselage in compliance with §45.29 

### (f). The equivalent level ofsafetywill be provided by having the SUAS marked on itsfuselage as required by 

### § 45.29 

### (f} where the pilot, Spotter (Observer) and others working with the SUAS will see the identification ofthe SUAS as "Experimental." The FAA has issued the following exemptionstothis regulation to Exemptions Nos.10700, 8738, 10167 and 10167A.
14 CFR §61.113 (a) 

### &{b): Private Pilot Privileges and limitations- PIC Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Given the SUAS will not carry a pilot or passenger, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiringthe PIC operating the aircraftto have a private pilot's license ratherthan a commercial pilot's license to operate this SUAS. Unlike a conventional aircraftthat carries the pilot and passengers, the SUAS 

### is remotely controlled with no living thing on board. The area ofoperation 

### is controlled and all flights are planned and coordinated 

### in advance as set forth in the FOM. The level of safety provided by the requirements included inthe 

### FOM exceeds that ofa single individual holding a**c~mmercial** pilot'scertificate operating a conventional aircraft. The risks associated with commercial operations contemplated by Part 61 when drafted, that allowing operationsofthe SUAS as requested with 

### a private pilot as the PIC exceeds the present level ofsafety achieved by 14 CFR §61.113 (a) & (b).

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# • 14 CFR §91.7 (a): Civil Aircraft Airworthiness 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 forthe aircraft, should this exemption be granted, no FAA FAR will exist for detenniningairworthiness. Given the size ofthe aircraft and the requirements contained inthe Manual for maintenance and the use ofsafety check lists priorto each flight, an equivalent level ofsafetywill be provided.
14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft Section 91.9 (b) (2): 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, and placards, or any combination thereof.
• Given the size and configuration ofthe SUAS they are incapable ofcarrying aflight manual, there is no room, capacity or pilot on board the aircraft.


# • The equivalent level ofsafetywill be maintained by keeping the FOM atthe ground station forthe, PIC orthe Observerto access immediately. The FAA has issued the following exemptions to this regulation: Exemption Nos.8607, 8737,8738,9299, 9299A, 9565,95658, 10167A, 10602, 32827, and 10700 14 CFR §91.103: Preflight Action This regulation required each pilot in command to take certain actions before flight to insure the safety offlight. 

### As FAA approved rotorcraftflight manuals 

### will not 

### be provided forthe aircraft an exemption will be needed. An equivalent level ofsafety 

### will be provided as required in Aerial Productions and Imaging, LLC FOM. The PIC will take all actions including reviewing weather, battery requirements, landing and takeoff perfonnance before initiating flight missions.

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• 14CFR §91.109: flight Instruction Section 91.103 states that no person may operate a civil aircraft (except a manned free balloon) that is used forflight instruction unless thataircraft has fully functioning dual controls. SUAS is flown through the use ofa control box that communicates with the aircraftvia RC, by design these aircraftdo not have fully functional duel controls. The FAA has approved exemptionsforflight training for aircraft without fully functional dual controls, (experimental) such as Nos. 5778K and 9862A. Furthermore Aerial Productions and Imaging,**l~C** has a training program in the FOM provided. This will provide at minimum the equivalent level ofsafety. 14CFR §91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudesfor operation Qf civil aircraft. Section (b)".... Except when necessary fortakeoffor landing, no person may operate an aircraft belowthe following altitudes:... (b) Over otherthan congested areas. An altitude of500 feet above the surface, except overopen water orsparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feetto any person, vessel, vehicle, or structure." (d) Allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicoptercomplies with any route or altitudes prescribed for helicopters by to FAA. Due to the Applicants request to operate at altitudes upto but not exceeding 400 AGL, an exemption is needed. Furthermore Aerial Production and Imaging, llC FOM addressesthe SUAS will never operate higherthan 400feet AGL Itwill however be operated in areas where buildings and people will be exposed to operations only after consent is signed and owners permissions are obtained. The equivalent level of safety will be achieved given the size, weight, speed ofthe SUAS as well as location. Noflightwill be taken without the permission ofthe property owneror local officials. Compared to**conventic~mal** aircraft weight, flammable fuel load, and speed, the SUAS prove to be as safe orsafer. In addition the low-altitude operations ofthe SUAS will ensure separation between these operations and those ofconventional aircraft that must comply with Section 91.119.

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14 CFR §91.121: Altimeter settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set"... to the elevation ofthe departure airportoran appropriate altimeter setting available before departure". 

### As the SUAS may not have a barometric altimeter, it utilizes GPS altitude readout, an exemption may be needed. An equivalent level ofsafety will be achieved by the PIC as the FOM states. Confirming the altitude ofthe launch site shown on the GPS altitude indicator before each flight will be an essential part ofevery mission. 14 CFR §91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes. The battery powering the SUAS provide approximately 30-40 minutes offlight. To meetthe 30 minute reserve requirement in 14CFR §91.151, SUAS flights would be limited to at most 10 minutes. Given the limitations on the SUAS proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame forflight in daylight or nightVFR conditions is reasonable. Aerial Productions and Imaging, LLC. Believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Exemption 10673 allowing lockheed Martin Corporation to operate without compliance with FAR 91.151 (a). Operating the SUAS in a small controlled area where only people and propertyowners orofficial representatives who have signed waivers will be allowed, with 30 minute or less flight reserve, does not engender the type of risks that section 91.151 (a) was intended to alleviate given the size and speed ofthe SUAS. Furthermore limitingflights to 10 minuteswould greatly reduce the utilityfor which the exemption will be granted. The Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or25% ofbattery powerwhichever happens first. This restriction would be more than adequate for return ofthe SUAS to its predetermined landing zone. Similar exemptions have been granted to otheroperations, including Exemptions 2689F, 5745, 10673, and 10808.

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14CFR §91.203 (a} 

### & (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 itthe following: (1) An appropriate and current airworthiness certificate.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (b) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legibleto passengers orcrew. The SUAS fully loaded weighs no morethan 55 lbs. and is operated without an onboard Pilot.There 

### is no ability or place to carry certification·of registration documents orto display them on the SUAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control station where the PIC will have immediate access to them, to the extenttheyare applicable to the SUAS. The FAA has issued numerous exemptions to this regulation including Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A and 10700. 14 CFR §91.405 (a); 407 (a) 

### &(b): Maintenance Inspections Regulations require that an aircraft operatororowne.r "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part43 ofthis chapter.....n and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will notapply tothe applicant. Maintenance will be accomplished by the operator pursuant to the FOM. An equivalent level ofsafety will be achieved because these SUAS art: limited in size and will carry a small payload and operate only in predetermine areas for not more than 30 minutes. If mechanical issues arise the SUAS can land immediately. Additionallythe Preflight x4 is equipped with the SUAS equivalenttothe ballistic para-chute; itautomatically deployswith any electrical failure orcan be deployed via RC controller bythe PIC at anytime. SUAS 

### will be operated from no higher than400 feet AGL. The PIC as stated inthe FOM will conduct visual and control checks in the preflight operations to ensure the SUAS is in working order priorto all missions to confirm whetherany maintenance is needed and furthermore will document and logany and all maintenance done as well as all flight hours. In addition the {PIC) is the mostfamiliar person with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety: Page 12 February 18, 2015

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Pursuant to 14CFR Part 11, the following summary is provided to publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14CFR §45.23 (b); 14 CFR §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) 

### & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) 

### &(b) to operate commercially a small unmanned vehicle (55 lbs. ortess) in industrial, construction, private, survey and photography operations. Privacy All flights will occur over private orcontrolled areas with the property owner's priorconsent and knowledge. Image capture ofpeople will rarely take place; in the eventtheyare, theywill have consented priorto being filmed orotherwise have agreed to be in the area where data collection will take place. API's primaryfocus is to utilize SUAS in assisting the survey communityfor the purpose ofaerial photogrammetry, topographic survey, volumetric survey, 30 modeling and general aerial photography. Given the high cost, environmental impact, dose proximityto people, structures, and vessels, the weight (average 4000 lbs.) ofconventional aircraft that are currently safely preforming these same types of missions the applicant believes with the grant ofrequested exemptions API can offera more cost effective (to the consumer), more environmentally friendly (with no combustible fuel), controlled predetermine area, and weighing 55lbs or less (compared to several thousand lbs.) an equally and likely a safer option that is in the public's best interests and benefits.

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Summary: Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 -size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- Provide morethan adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofAerial Production and Imaging, LLC SUAS in the industrial, construction, private, survey and photography industry's pursuant to the FOM attached hereto. Aerial Productions and Imaging, 

### llC is eagerly standing by to supportthe FAA and SUAS community in its quest to establish proper**regul~tions** and protocolsforthesafe introduction of unmanned aircraft into the national airspace.

Sincerely,

• Tobie K. Olson Managing member Aerial Productions and Imaging, LLC. 

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Daniel T. Dunn Managing member Aerial Productions and Imaging, LLC.

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