CHAIN ENTERPRISES, 19812 Freshwater Dr. Cottonwood, CA 96022

Phone 530.347.6122 office 888.958.2498 FAX

Email steve@chainenterprises.net

STEVEN CHAIN, CHAIN ENTERPRISES. REQUEST FOR EXEMPTION'S

TO OPERATE SMALL UNMANNED AIRCRAFT SYSTEMS FOR

PHOTOGRAPHY AND VIDEOGRAPHY

FAA REGULATORY DOCKET

March 14, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

PETITION SUMMARY

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

14 C.F.R. Part 11, Steven Chain, Chain Enterprises,(SCCE) an operator of Unmanned Aircraft Systems

(“UAS(s)”) for aerial photography and videography for Real Estate Marketing, Construction Site

Inspection, and Special Events hereby petitions for an exemption from the Federal Aviation

Regulations (“FARs”) to allow commercial operation of it's UAS(s).

Exemptions Requested From; 14 CFR 61.113(a) and (b);91.7(a); 91.119(c);

91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

Proposed Operations

All UAS flights will occur over private or controlled access areas with the property owner’s prior

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consent and knowledge. SCCE proposes to avoid flight over populated areas and operations over

people who have not provided consent. SCCE's UAS Aerial photography and videography will be

focused on Real Estate Marketing, Construction Site Inspections and Special Events.

Satisfying the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed,

operating capabilities, proximity to airports and populated areas and operation within visual line of

sight provide adequate justification to grant SCCE's requested exemptions, thereby allowing SCCE's

UAS commercial operations for the Real Estate Marketing, Construction Site Inspection and Special

Events.

Prior to conducting operations, under this grant of exemption, SCCE will obtain a Certificate of Waiver

or Authorization,(COA) from the Air Traffic Organization., (ATO). Commensurate with the COA

SCCE will request Notice To Airman, (NOTAM) based upon the limits and time lines of the UAS

flight operations. SCCE's requested exemption would permit the operation of small, unmanned UAS

under controlled and “sterile” conditions defined as private properties and controlled access locations. .

As established by the exemptions previously granted by the FAA, approval of SCCE's exemption

would enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s)

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the

national airspace system.” Section 333(c) of the Reform Act. UAS(s) operated by SCCE weigh less t

han 55 pounds, including the payload (IE. camera, lens, and gimbal). They operate at speeds of no

more than 50 knots, can hover, and can simultaneously move vertically and horizontally. SCCE,

UAS(s) will only be operated by a Certificated Private Pilot, (PIC), with supplemental Visual Observer,
(VO), maintaining visual line of sight and will operate only within the sterile environment described

in the FOPM. Such operations will insure that the UAS will “not create a hazard to users of the

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National Airspace System, (NAS) or the public.” Given the small size of SCCE's UAS(s) and the

restricted sterile environment within which they will operate, the UAS(s) operations adhere to the

Reform Act’s safety requirements while avoiding additional national security issues.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by SCCE provide for at least an equivalent or higher level of safety

than presently exist with conventional aircraft providing aerial photography and videographic services.

SCCE's UAS(s) are comprised of 1- REHawk500 and 1- REHawk680 as set forth in the Flight

Operations And Procedures Manual, (FOPM).

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The FOPM is of a proprietary nature containing procedures and information not available to the public. SCCE has not and 

will not share this information with others. Therefore, the FOPM shall be submitted separately with confidentiality. 

(See 14CFR, 11.35(b) )

REQUESTED EXEMPTIONS

14 CFR 61.113(a) and (b) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14

CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) and (b)

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations:

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by allowing the PIC operating the aircraft to have a

private pilot’s license rather than a commercial pilot’s certificate to operate a small UAS. Unlike a

conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The

operational area is controlled and restricted, and all flights are planned and coordinated in advance.

The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate

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operating a conventional aircraft. The risks associated with the use of a UAS are diminished from the

level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a

private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

(See Grant of Exemption No. 11062 Astraeus Aerial, Grant of Exemption No 11109, Clayco, Inc, for

similar exemptions)

14 C.F.R. § 91.7 Civil Aircraft Airworthiness

91.7(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Although airworthiness certification does not exist for UAS, SCCE's, FOPM , provides guidance to

establish and maintain an equivalent level of safety.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in

pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes: .....

(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.” SCCE requests authority to operate at altitudes up to 400 AGL,
an exemption is needed to allow such operations. As stated in the FOPM, the UAS will not operate

higher than 400 AGL. However, operations would be conducted in a sterile areas, where buildings and

people will not be exposed to operations without their preapproval. (See Exemption NO 11109 to

Clayco Inc.) The equivalent level of safety will be achieved given the size, weight, and speed of the

UAS as well as the location where it is operated. No flight will be taken without the permission of

property owners or local officials. Because of the advance notice to the property owners and

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participants in the UAS flight activities all affected individuals will be informed of the planned

operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, the

mitigated risks associated with the proposed UAS operations is far less than conventional aircraft

operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure

separation between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting

available before departure.” As a UAS may not have a barometric altimeter, but instead a GPS

providing altitude data, an exemption is needed. An equivalent level of safety will be achieved by the

operator, pursuant to the FOPM and Safety Check list, confirming the altitude of the launch site shown

on the GPS altitude indicator before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point

of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at

least 30 minutes . . . .”

Battery power for SCCE UAS(s) provides approximately 12 to 20 minutes of powered flight, with

20% battery power remaining. To meet the 30-minute reserve requirement in 14 CFR §91.151, UAS

flights would not be possible. Therefore, SCCE submits that safety can be achieved by limiting flights

unless there is enough power to fly at normal cruising speed (given winds and forecast weather) to the

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intended point of landing with at least 30% battery power remaining. Given the limitations on the

UAS’(s )proposed flight area and its proposed operations within a predetermined location, and flight in

daylight VFR conditions will meet the intended requirements.

(See Exemption Nos. 2689,5745 and 10650 for flight less than minimums. See Exemption Nos.

8811,10808 and 10673 for daytime VFR conditions)

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a)(1) (2); 417(a) & (b): Maintenance Inspections

These 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) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,”

and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to SCCE UAS operations. However, SCCE's FOPM provides guidance to
establish and maintain an equivalent level of safety. Maintenance will be accomplished by the operator.

noting the UAS(s) are limited in size, will carry a small payload and operate only in sterile areas with

brief flight times. If mechanical issues arise, the UAS can land immediately and will be operating no

higher than 400 feet AGL. As provided for in the FOPM, the PIC will ensure that the UAS is airworthy

for each flight.

PUBLIC INTEREST

The enhanced safety of small unmanned UAS eliminates the greater risk alternatives when using larger

manned aircraft, carrying fuels at low altitudes. In addition this relatively new technology provides

clients access to photographic and videographic services and information that were previously not

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financially cost effective. SCCE proposes procedures and operational guidelines to provide the FAA

good cause for granting instant Petition enabling the commercial operation of SCCE's UAS(s) and

those being in the public interest.

The FAA, by granting SCCE's exemption request, will serve to stimulate development of viable

commercial UAS operations while guiding the public's understanding of how UAS can be legally and

beneficially integrated into the National Air Space, NAS.

CONCLUSIONS

For the foregoing reasons, the exemptions requested herein should be granted and Steven Chain, Chain

Enterprises, SCCE should be permitted to conduct UAS commercial operations according to the

FOPM and such additional parameters as the FAA should deem necessary.

Respectfully submitted,

Steven Chain

Steven Chain, Chain Enterprises (SCCE)

Petitioner

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