September 22 , 2015

U.S. Department of Transportation Docket Management System West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave., SE Washington, D.C. 20590 Dear Sir or Madam , I, Howard A. Griffin, Jr

. President/Owner/Operator, d.b.a. Airtacc Aerial Video System , LLC, petition the Federal Aviation Administration (FAA ) for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 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) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The proposed exemption would allow 

### Airtacc Aerial Video System, LLC , LLC to operate its unmanned aerial system (UAS) for aerial video and photography, including but not limited to operations: (1) over land, waterways, and oceans; (2) operation over and/or in unrestricted National Parks, National Forests, and non

- navigable airspace using nonintrusive recording devices; and (3) opera tion in otherwise unrestricted U.S. States and Territories. All proposed operations would be conducted under controlled conditions in airspace that is: (1) limited, (2) predetermine d, and (3) access controlled. The President/Owner/Operator, Airtacc Aerial Video Sy stem, LLC , currently holds an Airline Transport Pilot, Advanced Ground Instruc tor and Instrument Ground Instructor Certificate. The President/Owner/Operator served ten years as an Army Aviation Officer, serving in several positions to include Co mmander of an Aerial Intelligence Company. The President/Owner/Operator has flown Part 91 and 135, is typed in the Dash 8, Saab 2000, Lear 60, Citation 750, Gulfstream 350/450/550 and V. The President/Owner/Operator is currently working as a ground/simul ator instructor for a leading Part 142 Flight Training Center. The President/Owner/Operator possess the professionalism, the experience, the knowledge, the resources, and vested interests in conducting and maintaining safe UAS operations, as well as concern of the public’s general welfare at large.
**Airtacc Aerial Video System**  **, LLC requests relief from the following regulations:**  Part 21, Certification Procedures for Products and Parts, prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Section 45.23(b ) prescribes, in pertinent part, that 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 operato r must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicabl e.Section 61.113(a) and (b) prescribes that

— (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if

— (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.9(b)(2) prescribes, in pertinent part, that no person may operate a U.S.

- registered civil aircraft 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. Section 91.103 prescribes that each PIC shall, before beginning a flight, become familiar with all available information concerning that flight, to include

— (a) For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned fli ght cannot be completed, and any known traffic delays of which the PIC has been advised by air traffic control (ATC); (b) For any

flight, runway

lengths at airports of intended use, and the following takeoff and landing distance information: (1) For ci vil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Section 91.109 prescribes, in p ertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Section 91.119 prescribes that, except when necessary for takeof f or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any

open - air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 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, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or paragraph (c) of this section, pr ovided each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters 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) of this section. Section 91.121 prescribes, in pertinent part, that each person operating an aircraft shall maintain the cruising altitude by reference to an altimeter that is set when operating below 18,000 feet mean sea level (MSL) to the e levation of the departure airport or an appropriate altimeter setting available before departure. Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and foreca st weather conditions) there is enough fuel to fl y to the first point of intended landing and, assuming normal cruising speed

— (a ) During the day, to fly after that for at least 30 minutes; or (b ) At night, to fly after that for at least 45 minutes.
S ection 91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it has within it

— (a ) An appropriate and current airworthiness certificate; and (b ) An effective U.S. registration certificate issued to its owner or, fo r operation within the United States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate 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. Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft shall have that aircraft inspected as prescribed in subpart E of this part and shall, between required inspections, except as provided in paragraph (c) o f this section, have discrepancies repaired as prescribed in part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration.Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone

maintenance, preventive maint enance, rebuilding, or alteration unless it has been approved for return to service by

a person authorized under § 43.7 of this chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the precedi ng 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that

— (a) Each registered owner or operator shall keep the following rec ords for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completio n of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i ) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its applianc es are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurri ng action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.(b) The owner or operator shal l retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. Airtacc Aerial Video System, LLC **supports its request with the following information:** The petition and the following supporting documentation are hereinafter referred to as the operating documents: (a) Contract Checklist (b) Preflight Checklist ( c ) DJI Inspire 1 User Manual V1.0
T he pet itioner’s information is organized into five sections: (1) the unmanned aircraft system (UAS), (2) the UAS pilot in command (PIC), (3) Aircraft and Equivalent Level of Safety, (4) the UAS operating parameters, and (5 ) the public interest. **Unmanned Aircraft System** DJI Inspire 1 Specifications: Model T600 Weight (Including Battery) 6.8 lbs. Hovering Accuracy (P Mode) Vertical: 1 .69 ft Horizontal: 8.2 ft Max Angular Velocity Pitch: 300 o/s Yaw: 150 o/s Max Tilt Angle 35 O Max Ascent Speed 42.7 fps (ATTI mode, no wind) Max Flight Altitude 14,763 ft Max Wind Speed Resisitance 32.8 fps Max Flight Time 18 minutes M otor Model DJI 3510 Propeller Model DJI 1345 (2), DJI 1345R (2) Operating Temperature Range

- 10 o F to 40 o F Diagonal Distance 22” to 22.8” Dimensions ( Lx WxH) 17.2”x17.7”x11.8”Airtacc Aerial Video System, LLC will use the Dual Control DJI Inspire 1, multi

- rotorcraft UAS

with four motors and propellers in a quadcopter configuration weighing 7 pounds or le ss, including camera
. Any modifications to the UAS will be approved modifications by the manufacture. In these cases, to tal weight may be affected. Therefore, request a max operating weight of 20 pounds which would take into account future manufacture approved modifications. The UAS is als o equipped with an onboard computer stabilization controller and G lobal Positionin g System (GPS), operating under normal conditions, at speeds of 5 to 50 knots, (Note: the petition states 5 to 50 knots, however the Inspire 1 User Manual indicates the maximum speed i s 22 meters/second or 42.7 knots. The UAS has the capability to hover an d move in the vertical and horizontal planes independently and simultaneou sly. A ll flight operations will be conducted within visual line of sight (VLOS) of the pilot and/or observer and will not create a hazard to users of the National Airspace System (NAS) or the public.
G iven the size and limited operating area associated with the UAS, an exemption from part 21, subpart H, Airworthiness Certificates, subject to certain condit ions and limitations, is request ed and meets the requirements for an equivalent level of safety under 14 CFR part 11, General Rulemaking Procedures , and section 333 of Public Law 112

– 95. The petitioner further states its UAS will be operated without an airworthiness certificate under th e conditions and limitations proposed and therefore will be at least as safe as, or safer than, a conventional aircraft (fixed

- wing or rotorcraft) operating with an airworthiness certificate issued under part 21, subpart H.
T he UAS does not carry neither a p ilot nor a passenger, explosive materials, flammable liquid fuels, and operates exclusively within a limited flight area. In the event the UAS loses communications or its GPS signal, the unmanned aircraft (UA) will have the capability to return to a p redetermined location , a.k.a. “Return to Home” , within the security perimeter and land. The UA will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies.
A lthough the UAS does not require an airworthiness certif icate, an exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the cabin, cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the UA, the petitioner notes that the 2

- inch lettering will be i mpossibl e. An equivalent level of safety will be provided by having the UA marked with the word “experimental” on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the pilot, observer, and others working with the UA will see the ident ification. Although m aintenance requirements in §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) are only

applicable to aircraft with an airworthiness certific ate, routine maintenance and preflights will be accomplished by the operator. Routine maintenance and preflights will be log ged and available for inspection

. Airtacc Aerial Video System, LLC pilot and/or operator is most familiar with the UA and best suited to maintain it in an airworthy condition to provide an equivalent level of sa fety. I f a mechanical issue arises, the UA can land immediately, and given its small size, it poses minimal risk to persons or property

.

**UAS Pilot In Command (PIC)**Prior to designation, a PIC must meet the following requirements:

(a) Have a Private Pilot License * (b) Have a current Class I I I Medical Certificate * (c) Have a minimum of 25 hours of total flight time as a UAS rotorcraft pilot of which 5 hours can be simulated. (d) Complete the Airtacc, LLC indoctrination. (e ) Must a ccumulate and log a minimum of 1 hour of actual flight training as UAS pilot operating the make and model of UAS as well as 3 takeoffs and landing in the proceeding 90 days of a commercial flight

. Training will include maneuvers to be performed during normal operations including safe operations in relation t o persons, property and applicable airspace.
Note: *Until regulatory changes have been approved by FAA
B ecause the UAS will not carry a p ilot or passengers on board, the proposed operations can achieve an equivalent level of s afety by requiring the pilot and

/or observer to review the following FAA and DJI Inspire 1 sy ste m related information : (a) F AA related (1) Airspace. (b) DJI Inspire System (Current Version) 1

. DJI Inspire 1 User Manual 2

. DJI Inspire 1 Safety

Guidelines 3

. Intelligent Flight Battery Safety Guidelines 4

. 1345 Propeller Locks Quick Start Guide 5

. Preflight/Preflight Checklist 6

. Tutorial “Pilot App” 7

. Tutorial “How to Fl y” 8

. Tutorial “Dual Operator” 9. Normal Modes of Operation 10. Emergency Modes of Operation 11. Maneuvers The UAS aircraft will be operated within controlled and restricted areas, and all flights will be planned and coordinated in advance such that a commercial pilot certificate is unwarranted. Risks associated with the operation of UAS are so diminished from the le vel of risk associated with commercial operations contemplated by 14 CFR part 61, Certification: Pilots, Flight Instructors, and Ground Instructors , when drafted, that allowing operations of the UAS with a private pilot as the operator, as requested, excee ds the current level of safety achieved by 14 CFR § 61.113(a) and (b).
**Aircraft and Equivalent Level of Safety**The operating limit ations proposed by Airtacc Aerial Video Sy stem, LLC provide for a higher level

of safety because UAS operations further enhance safety of aerial photography operations over using conventional aircraft.
As s et forth herein by Airtacc Aerial Video System, LLC , the limitations and conditions include:

a. The UAS will weigh less than 55 pounds. b. Airport owners and/or local air tra ffic control facilities will be contacted and notified if operations within the designated distance from that airport, pursuant c. to any conditions of COAs issued for commercial UAS flight activities Flights will be operated at an altitude of no more than 40 0 feet AGL as indicated by onboard GPS system d. Minimum crew for each operation will consist of the UAS pilot, the observer/ camera operator e. A UAS pilot will be Pilot in Command (PIC) f. A UAS pilot will be an FAA certificated airman with at least a Private Pil ot’s certificate and at least a current third class Medical g. An established “Security Perimeter” for the flight operations area h. A briefing will be conducted for planned UAS operations prior to each flight i. All personnel performing duties within the boundarie s of the safety perimeter are required to participate j. The operator will file a FAA Form 7711

- 1 or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office when applicable for the specified flight requiring a specific COA, above and beyond the blanket COA authorized by the FAA on March 23, 2015, once such blanket COA is issued to this operator k. The operator will attempt to verbally notify all persons involved in the filming and the operations, and ensure that they will stay no closer than the specified safety distance (vertical and lateral) of the flight operation, when applicable l. The operator will submit a written Plan of Activities to the FSDO at least 1 calendar day, including non

- business days, before the proposed operations commence if operations require a specific COA when operations occur outside the blanket COA, unless the specific COA does not require the additional notification m. The Pilot and Observer will at all times be able to communicate by voice and may augment verbal communication by electrical means because of ambient noise levels if necessitated for safety and/or if deemed helpful to the safe operation of the UAS, as determined by the PIC n. Written and/or oral permission from the relevant property owners will be obtained. o. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other managing governmental agencies, if applicable p. If the UAS lose s communications or loses its GPS signal, the UAS will and does have the capability to return to a pre

- determined location within the Security Perimeter and land safely q. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies
L astly, Airtacc Aerial Video Sy stem, LLC will establish a working relationship with a representative at the local Flight Standards district Office (FSDO) with which to annually review safety procedures and other operations to further enhance safety. **UAS Operating Parameters**A ll flights will be operated within VLOS of a pilot and/or observer to maintain safe separation from

certificated aircraft in the airspace. In addition, all UA flights will be li mited to a maximum altitude of 4I 00 feet above ground level (AGL) and restricted to class E and G ai rspace. An equivalent level of safety can be achieved given the size, weight, and speed of the UA, as well as the location where it is operated. Request an exemption from 14 CFR 91.7(a) , which p rohibits the operation of an aircraft without an airworthiness certificate. S ince no such certificate will be applicable in the form contemplated by FAA regulations, this regulation is inapplicable. Request an exemption from 14 CFR §§ 91.9(b)(2) and 9 1. 203(a) and (b) , which require s an aircraft flight manual, and other documents (airworthiness certificate and registration) be carried in the aircraft. T he UAV carries no pilot and given the size of the UAV , carriage of these documents aboard the UAV is no t possibl e. An equivalent level of safety will be achieved by maintaining these documents at the ground control point where the pilot flying the UAV wil l have immediate access to them. Request an exemption from 14 CFR § 91.103, because it will not have approv ed rotorcraft flight manuals. An equivalent level of safety will be achieved by the operator taking all preflight actions including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before i nitiation of flight using appropriate checklists. Addition ally , a briefing will be conducted before each day’s production activities and will be mandatory for all personnel who will serve as either the operator or visual observer/camera operator.
R equest an exemption from the requirement to have fully functional dual controls in aircraft used for flight instruction, prescribed by 14 CFR § 91.10 9. R emotely piloted aircraft, by

their design do not have fully

functional dual controls. Flight control is accomplished through the use of a radio transmitter that communicates with the aircraft via a receiver in the UA. T he FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft. An equivalent level of sa fety is provided by

the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 14 CFR § 91.119 establishes safe altitudes for operation of civil aircraft. 14 CFR § 91.119 (d) allows helicopter s to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicop ters by the FAA. Airtacc Aerial Video System, LLC requests relief to operate at maximum altitud es up to 4 00 AGL, underneath navigable airspace and in class E and G airspac e. An equivalent level of safety will be achieved given the size, weight, speed of the UAV as well as the location where it is operated. No flight will be taken without the permi ssion of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, attempts will be made to contact all affected individuals regarding the planned flight operations. Compared to fli ght operations with aircraft or rotorcraft weighting far more than the UA proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. In addition, the low

- altitude operations of the UA will ensure separation between these UA operations and the operations of conventional aircraft that must comply with § 91.119.

### Airtacc Aerial Video Sy stem, LLC , may need an exemption from § 91.121, as its UAS has a GPS altitude readout instead of a barometric alt imeter. The UAS requires a compass alignment, which is part of the preflight, for location accuracy. The UAS flight failsafe requires GPS satellite connectivity

prior to flight. An equivalent level of safety will be achieved via the operating documents requiring confirmation of the altitude of the launch site shown on the GPS altitude indicator before flight. Regarding the fuel requirements, 14 CFR § 91.151 requires a 30

- minute reserve which results in a UAS fli ght limited to approximately 10 minutes. Due to the limitations on the UA’s proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for flight in day VF R conditions is reaso nable. An equivalent lev el of safety can be ac hieved by

limiting flights to 15 minutes or not less than 20 percent of battery power, whichever occurs first.
**Public Interest**
G iven the small size of the UAV involved and the limited environment within which it will operate, its proposed operation “falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately.” Also because of the size of the UA and the restricted areas in which the UAS will operate, approval of the application presents no national security issue.
Granting the requested exemptions is in the public interest because of; (1) the clear direction in section 333 of Public Law 112

– 95, ( 2) the strong equivalent level of safety surrounding the proposed operations, and (3) the significant public benefit, including enhanced safety and reduction in environmental impacts (such as reduced emis sions associated with allowing UAS for photography and inspection operations). **Summary for Publication** As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UAS in the aerial photography industry will enhance safety by reducing risk. Conventional aerial photo graphy operations, using varying ty pes of conventional aircraft, operate at low altitudes and present the risks associated with aircraft that weigh at least 2,000 pounds and upward, and which carry large amounts of varying types of aviation fuel. Such airc raft must also fl y to and from the shoot location at speeds that can exceed 50 knots over non

- Safety Perimeter areas. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk, given the small size and lack of combustible fuel. The UAS is carried, and not flown, to a job site. In this regard, the UAS carries no passengers or crew and, therefore, will not expose them nor person and property on the ground to the risks associated with manned relocation flights. The operation of UASs conducted in the strict conditions outlined within this exemption request provide at least an equivalent level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close to the ground, and in a sterile environment. UASs also have far less impact on the environment compared to the conventional aerial photography practices it replaces. As a result, they are far safer than conventional operationsconducted with aircraft including, b ut not limited to, turbine helicopters or small single

- engine

aircraft flying near the ground, property, and people. Satisfaction of the criteria provided in Section 333 of the FAA Modernization and Reform Act of 2012 (size, weight, speed, operating capab ilities, proximity to airports and populated areas and operation within visual line of sight and national security) provide more than adequate just ification to grant Airtacc, LLC requested exemption, allowing for Airtacc, LLC . UAS commercial operations. Any future requirements issued by the FAA pertaining to operating UASs commercially (e.g. written test, logging flight time experience, etc.) will be complied with as it is understood this is a rapidly evolving sector of the aerospace industry with little regulatory affirmations as of yet. Additionally , Airtacc Aerial Video Sy stem, LLC may receive request to conducted business and commercial UAS operations in and/or over the country of Canada and Mexico

. Therefore, Airtacc, LLC finishes this exemption reque st with the consideration of 14 CFR 11.81 (h), allowing for commercial UAS operations with the need to “exercise the privileges of our exemption outside the United States” with the aforementioned reasons. If you have any

questions or need any

additional i nformation, please contact the undersigned at 734

- 657

- 9629 or hagriff@gmail.com

.

. Respectfully yours,

Howard A. Griffin, Jr. President/O perator/ Owner Airtacc Aerial Video System, LLC