ChristopherM. Taylor T: 

### +1207 6711143 ctaylor@vikinguas.com

October 22, 2014
U.S. DepartmentofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 oftheFAAReform Actand Part 11 ofthe FederalAviationRegulations from 14 C.P.R. 45.23(b); 14 CPRPart21; 14 CPR61.113 (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); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

Dear Sir orMadam:
Pursuantto Section 333 ofthe FAAModernization andReformAct of2012 (the ReformAct) and 14 C.F.R. Part 11, VikingUnmannedAerial Systems Inc, Manufacture and operator ofsmall TetheredAerial Platform ("TAP") equippedto conduct aerial photography and 3dmappingforthe Agricultural Industrytohelp Farmers in the US gethigheryield ontheirproducts, TowerandPipeline Inspection, Realist ate photography andMovie andNewsvideo gathering, hereby applies for an exemptionfrom the listedFederal Aviation Regulations ("FARs")to allow commercial operationfor its" TAP", so long as suchoperations are conducted within and underthe conditions outlinedherein or as maybe established bythe FAA as requiredby Section 333.
As described more fully below, therequested exemption wouldpermitthe operation ofa small TetheredAerial Platform ("TAP") and relatively inexpensive TAPundercontrolled conditions in airspace thatis 1) limited 2)predetermined 3) controlled as to access and4) would provide safety enhancements to the already safe operations inthe industry presentlyusing conventional aircraft. Approval ofthis exemptionwouldthereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establishrequirements forthe safe operation ofsuch aircraft systems inthe national airspace system." Thename and address ofthe applicantis: VikingUnmannedAerial Systems Inc Attn: ChristopherM. Taylor Ph: 207-671-1143 Email: ctaylor@vikinguas.com Address: 16 Sanford Drive, Suite 5 Gorhan, Maine 04038



### 1

### The conditions proposed bythe applicant are drawn from order 8900.1 CHG 0
Regulations from whichthe exemption is required
14 CFRPart 21 14 C.P.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR91.9 (b)(2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR91.151 (a) 14 CFR91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a)(1) 14 CFR409 (a) (2) 14 CFR417 (a) & (b) This exemption application is expressly submittedto fulfill Congress' goal in passing Section 333(a)through (c) ofthe Reform Act. This law directs the Secretary ofTransportationto consider whether certainunmanned aircraft systems may operate safely in the national airspace system (NAS) before completion oftherulemaking requiredunder Section 332 ofthe ReformAct. In makingthis determination, the Secretary is required to determine whichtypes ofT APSs do not create ahazard to users oftheNAS orthe public orpose a threatto national security in light ofthe following:

• TheTAP's size, weight, speed, and operational capability • Operation ofthe TAP in close proximityto airports and populated areas; and • Operation ofthe TAP within limits ofthe tether and the operator. Reform Act Section 333 (a). Lastly, ifthe Secretary determines that such operations "may operate safely inthenational airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft inthe national airspace system." ID Section 333(c) (emphasis added) The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section 40101 ofthe Act that includes TAPs, from the requirement that civil aircraft must have a current airworthiness certificate.


### Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation ofthe TAP, ifit should be determined that the conditions set forth herein do notfulfill the statutory requirements for approval.

2

### The Administrator may grant an exemption from a requirement of a 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. Section 4470l(f) 

### see also 49 USC Section44711(a); 49 USC Section44704; 14 CFR Section 91.203 (a) (1). Viking Unmanned Aerial System Inc

- Agricultural Aerial Services Division TAPs rotorcraft, weighing 55 or fewer or lbs. including payload. They operate, under normal conditions at a speed ofno more than 70 knots and in the case of our multirotors have a capability to hover, and move inthe vertical and horizontal plane simultaneously. They will operate in a Safety Circular and will operate only within the sterile area made up of farm land, powerandutility grid and Video area. Given the small size ofthe TAPs involved and restricted sterile environment within which they will operate, the applicant falls squarely withinthat zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofTAPs to commence immediately. Also due to the size ofthe TAPs and the restricted areas in which the relevant TAPs 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 of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions exemptions associated with allowing TAPs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemptionwithout delay.
AIRCRAFTAND EQUIVELANTLEVEL OF SAFETY
The applicant proposes that the exemption requested herein apply to the TAP that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusted currently being used withconventional aircraft.



### 31. TheTAPs will weigh less than 55 lbs. 2. Flights will be operated within line ofsight and length ofthetether, ofan operator and/or observing. 3. Maximum total flight time for each operational flight will be 30 minutes for multirotor. Flights will be terminated at 25% battery powerreserve should that occur priorto the 30 minute limit. 4. Flights will be operational will be operated at an altitude ofno more than 1,000 feet AGL or 5 feet above the structure. 5. Minimum crew for each operation will consist of the TAP Operator, and Visual Observer. 6. TAP operators will be an certified by the aircraft manufacture for operation sand have No Medical required. The observer will hold at least manufactures ground school certificate. No medicalrequired 7. TAP Operators will be pilot in command (PIC). Ifa pilot certificate holder otherthan the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the aerial coordinator), that person can also be designated as PIC 8. The TAP will only operate within a confined "sterile area" as defined in the manual. It requires the establishment ofa "SecurityPerimeter" for the flight operations area. 9. A briefmg will be conducted in regard to the planned TAP operations priorto each day's production activities. It will be mandatory that all personal who will be performing duties within boundaries ofthe safety perimeterbepresentfor this briefing. 10. The operator will fly a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, withthe appropriate AirTraffic Organization. 11. The operatorwill obtainthe consent ofall persons involved inthe filming and ensure that only consentingpersons be allowed within 1 00 feet ofthe flight operation, and thisradius may be reduced to 30 feet based upon an equivalent level ofsafety and determination, as required by the Manual. With the advanced permission of the FSDO, operations at closerrange canbe approved. 12. The operator will submit a written Plan ofActivities to the ATO three days before the proposed shoot as required. 13. Operator and observer will have been trained in the operation of TAP generally and received up-to-date information on the particular TAO to be operated Observer and Operatorwill at alltimes be able to communicate byvoice ortext. 14. Written and/or oralpermission from the relevant propertyholders will be obtained. 15. All required permissions and permits will be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, fire, or other appropriate government agencies. 16. If the TAP losses communications or it losses its GPS signal, the TAP will have capabilityto return to a pre-determined location within the SecurityPerimeter and land. 17. The TAP will have capability to abort flight in case of unpredictable obstacles or emergencies.



### 414 C.F.R. Part21, SubpartH: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1) SubpartH, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required byFAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraftto beutilized bythe Applicant, an exemption from Part 21 SubpartH meetsthe requirements ofan equivalent level ofsafetyunderPart 11 and Section 333 of the Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximity to airports and populated areas oftheparticularTAP. In all cases, an analysis ofthese criteria demonstrates that the TAP operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe retractions and conditions proposed.
TheTAP to be operated here under is less than 55 lbs. fully loaded, carries neither a pilotnor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set out in manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the manuals requirements, and under the requirements and in compliance to local public safety requirements, to provide security ofthe area ofoperation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to motion picture and television production, provide a greater degree ofsafety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, SubpartH. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the TAP, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load. In addition Viking Unmanned Aerial Systems Inc wants to be able to transfer all associated paperwork such as this Section 333 Airworthiness Certificate for TAPto customers whichpurchase our systems for operations defined in this document. 14 C.F.R. Section 45.23 (b). Marking ofthe aircraft
The regulationrequires: When marks include only the Roman capital letter ''N" and the registration ofthe number is displayed on limited, restricted or in a light-sport category aircraft or experimental or provisionally certified aircraft, the operator must also display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light spot," "experimental," or "provisional," as applicable.
Even though the TAP will have no airworthiness certificate, and exemptionmaybe needed as the TAP will have no entrance tothe cabin, cockpit orpilot station on whichtheword "experimental" can be placed. Given the size ofthe TAP, the two inch lettering will be impossible. The word "experimental" willbeplaced onthe fuselage incompliance with 

### §45.29 (f).

The equivalent level ofsafety will be provided by having the TAP marked on it fuselage as required by §45.29 (f) where the operator, observer and others working with the TAP will see the identification ofthe TAP as "Experimental." The FAA has issued the following exemptions to this regulation to exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167A.



### 514 C.F.R. § 61.113 (a) & (b): Private pilotsPrivileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the TAP will not carry a pilot orpassengers and be tethered to the ground, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have Factor Training, rather than have than a commercial pilots license to operate this small TAP. Unlike a conventional aircraft that carries a pilot and passengers, the TAP is remotely controlled with no living thing onboard. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafetyprovided by the requirements included in the manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft.. The risks associated with the operation ofthe TAPS are so diminished from the level ofrisk associated with the operation ofa commercial operations contemplated with Part 61 when drafted, that allowing operations ofthe TAP as requested with a Factory Trained Operator as the PIC exceeds the presentlevel ofsafety achieved by 14 C.P.R. §61,113 (a) & (b).
14 C.P.R. §91.7 (a): Civil AircraftAirworthiness.
The regulation requires that no person may operate a civil aircraft unless it is in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this shouldthis exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft andtherequirements contained in the manual for maintenance and use ofsafety check lists prior to each flight, as set forth in the manual and equivalent level of safety will be provided.
14 C.F.R. § 91.9 (b) (2): Civil AircraftFlightManual in theAircraft Section 91.9 (b) (2) provides:
No personmay operate a U.S.-registered civil aircraft

... (2) For which 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 placard, or any combinationthereof. The TAP, given its size and configuration has no ability orplaceto carry such a flight manual onthe aircraft, notonly becausethere is no pilot onboard, but becausethere is no room or capacity to carry such an item onthe aircraft.
The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the operator flying the TAP will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602,32827, and 10700.
14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craft flight manuals will not be provided as set



### 6forth in the manual. The OIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance databefore initiation offlight.
14 C.F.R. §91.109: Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is beingused for flight instruction unlessthat aircrafthas fully functioning dual controls.
TAPs and remotely controlled aircraft, by there design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemptionNos.5778K & 9862A. The equivalent level ofsafetyprovidedbythatneither a pilotnorpassengers will be carried inthe aircraft and bythe size and speed ofthe aircraft.
14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operations 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 exemption is for the TAP that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption is may be needed to allow such operations. As set forth by herein, except for the limited conditions stated in the Manual, the TAP will never operate higher than 400 AGL. Itwill however be operated in a restricted area with a security perimeter, where buildings and people will not be exposedto operations withouttheirpre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe TAP as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighing more far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk of associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the fihning industry. In addition, the lowaltitude operations ofthe TAP will ensure separation between these small TAP operations and the operations ofconventional ofconventional aircraftthatmust complywith Section 91.119.
14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to a altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the TAP 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 bythe operator, pursuantto theManual and Safety Check list, confirmingthe altitude ofthe launch site shown on the GPS altitude indicatorbefore flight.
14 C.F.R. §91.151(a): FuelRequirements for Flightin VFR Conditions Section 91.151 (a) prohibits and individual from beginning "aflight in an airplane under VFR conditions unless (consideringwind and forecast weather conditions) there is enough fuel to fly to the



### 7first point ofintended landing, and assuming normal cruising speed - (1) During the day, to fly after that for at least 30minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The battery powering the TAP provides approximately 60 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, TAP flights would be limited to approximately 30 minutes in length. Given the limitations on the TAP's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight ornightVFRconditions is reasonable. Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small TAP, in a tightly controlled area where only people and property owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.151 (a) was intended to alleviate given the size speed ofthe small TAP. Additionally, limiting TAP flights to 30 minutes would greatlyreduce the utility for whichthe exemption will be granted. Applicantbelieves that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens frrst. This restriction would be more than adequate to returnthe TAP to its landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying CivilAircraft Certification and Registration Theregulation provides inpertinentpart: (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 (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew. The TAP fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or display them onthe TAP.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the TAP will have immediate access to them, to the extent they are applicable to the TAP. The FAA has issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700.
14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)



### 8These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

..," and others shall inspect or maintain the aircraft in compliance with part43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level ofsafety will be achieved becausethese small TAP 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 TAPs can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the TAP is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditiontoprovidethe equivalentlevel ofsafety.
Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should itbedeterminedthatpublication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpartH; 14 C.F.R45.23 (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) and 91.417 (a) & (b) to operate commercially a small unmannedvehicle (55lbs or less) inthe Agricultural 3dMapping Service Operations. Approval ofexemptions allowing commercial operations ofT APs in the Agricultural 3dmapping/scanning industry and filming will enhance safetybyreducingrisk. Conventional operations usingjet or piston aircraft, operate at extremely low altitudesjust feet from the equipment and livestock and structures; and present the risks associated with vehicles that weigh in the neighborhood of3,000-5,000 lbs., carrying large amounts of jetA or other fuel in most cases helicopters operating with 140 gallon fuel tanks. The TAP will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraftflights.
The operations of small TAPs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant of the Part 21 and allowing commercial operations. These lightweight TAPs operate at slow speeds, close to the ground and in sterile environment and tethered, as a result, are far safer than conventional operations conducted with a piston and or turbine aircraft operating close tothe ground. Public Acknowledgement/Privacy
All Flights will occur only once the property owner has authorized operations to be conducted.



### 9Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line of sight provides more then adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's TAP inthe agricultural scanning services and filming industry.
Sincerely, ChristopherM. Taylor VikingUnm edAerial Systems Inc

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