Scott Randall 2555 Hot Springs Court Colorado Springs, CO 80919 (405) 494

- 1169 email: info@pikespeakaerial.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

April 2 8 th, 2015



### RE: Exemption Reque st Under Section 333 of the FAA Reform Act of 2012 and Part 11

of the Federal Aviation Regulations

Attachments: (A) S900 Pilot Operating Manual; (B) S900 User Manual; (C) S900 Preflight Checklist; (D) Inspire 1 Pilot Operating Manual; (E) Inspire 1 User Manual; (F) F550 User Manual; (G) NAZA

- M Flight Controller Manual; (H) A2 Flight Controller Manual

References: 1) FAA Exemption No. 11256, Regulatory Docket No. FAA

- 2014

- 0908 in the matter of petition of SkyPhilly, Inc

. 2) FAA Exemption No. 11359, Regulatory Docket No. FAA

- 2014

- 1128 in the matter of petition of Celestial Imaging, LLC 3) FAA Exemption No. 11397, Regulatory Docket No. FAA

- 2015

- 0144 in the matter of petition of Colorado Cartographics, LLC 4) FAA Exemption No. 11221, Regulatory Docket No. FAA

- 2014

- 0557 in the matter of petition of Microcopter Professional Services, Inc. 5) FAA Exemption No. 11336, Regulatory Docket No. FAA

- 2014

- 1056 in the matter of petition of Pacific Aviation, LLC

Attn: To whom it may concern

Pursuant to Section 333 of the Federal Aviation Administration ( FAA) Modernization and Reform Act of 2012, Pub. L. No. 112

- 95 (2012), 126 Stat. 11 (“Section 333”) and the FAA general exemption authority under 49 U.S.C. section 44701(f), Pikes Peak Aerial LLC , a licensed

business in the state of Colorado (“Petitioner”) hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)

- (b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203, 91.405 (a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)

- (b).

The proposed exemption, if granted, would allow the p etitioner to conduct commercial operations
of small Unmanned Aircraft S ystems (“UAS”) meeting or exceeding all of the operational and safety require ments Congress has set forth in Section 333. An approved exemption would also mitigate the risk to manned aircraft carrying crew and flammable fuel since many operations that have traditionally required such manned aircraft can now be accomplished with a specially equipped UAS.

The exemptions, as requested by the petitioner Pikes Peak Aerial LLC, are similar to already approved exemption numbers (referenced above) 11256

, 11359 , 11397, 11221, and 11336 with respect to the services performed and the UAS pla tforms utilized.The petitioner requests these exemptions in order to perform commercial flights in the following

areas:

• Aerial S urveying & Mapping

• Agriculture & crop surveying

• Real estate photography & videography

• Aerial filmmaking and photography

• De velopment

, Building Site , & Pipeline inspections and monitoring

• UAS Training and Safety Operations

• Event photography and videography

• Search and Rescue Operations

• Aerial Surveillance in Fire Prevention



### STATUTORY AUTHORITY

Section 333, titled “Special Rul es for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provide s a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.



### UNMANNED AIRCRAFT SYSTEMS (UAS)

The petitioner states that the UASs to be operated u nder this request are less than 55 pounds including the payload and flies at a speed of no more than 50 knots. The UASs carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secu red area.

1. DJI S900 Multi

- rotor (6

- propeller hexagonal frame, carbon fiber):

a. Total weight with maximum allowable payload: 18lbs

b. Dimensions: W idth: 900 mm ( 35.43 in), Height (with landing gear): 24 ”

c. Maximum speed: 5 0kts
d. Battery system (6

- cell, 22.2 volt, 22,00 0 mAh lithium

- polymer) provides approximately twenty two ( 22 ) minutes of flight time

e. DJI A2 Flight Controller

f. Use of First

- Person View (“FPV”) for advanced flight safety; provides real

- time
video

- downlink from sUAS to video monitor on transmitter.

g. Referenc e FAA Exemption No. 11256, Regulatory Docket No. FAA

- 2014

- 0908 in the matter of petition of SkyPhilly, Inc. This already approved exemption granted permission of the DJI S900 for commercial use.

2. DJI Inspire 1 Multi

- rotor (4

- propeller quad frame, carbon f iber):

a. Total weight with maximum allowable payload: 6.8 lbs,b. Dimensions: W idth: 451 mm ( 17.75 in), Height (with landing gear): 301mm (11.85 ” )

c. Maximum speed: 30kts

d. Battery system ( 6

- cell, 22. 8 volt, 5,7 00 mAh lithium

- polymer) provides eighteen (18) minutes o f flight time

e. DJI A2 Technology

- based Flight Controller
f. Use of First

- Person View (“FPV”) for advanced flight safety; provides real

- time

video

- downlink from sUAS to video monitor on transmitter.

g. Reference FAA Exemption No. 11359, Regulatory Docket No. FAA

- 2 014

- 1128 in the matter of petition of Celestial Imaging, LLC. This already approved exemption granted permission of the DJI Inspire 1 for commercial use.

3. DJI F550 Flamewheel Multi

- rotor (6

- propeller hexagonal frame, plastic/metals):

a. Total weight with ma ximum allowable payload: 6.5lbs,

b. Dimensions: W idth: 550mm (21.65in), Height (with landing gear): 10.5”

c. Maximum speed: 30kts
d. Battery system (2x 6

- cell, 22.2 volt, 10,000 maH lithium

- polymer) provides fifteen (20) minutes of flight time

e. DJI NAZA

- M V2 Flight Controller
f. Use of First

- Person View (“FPV”) for advanced flight safety; provides real

- time

video

- downlink from sUAS to video monitor on transmitter.

g. Reference FAA Exemption No. 11397, Regulatory Docket No. FAA

- 2015

- 0144. This already approved exemption gr anted permission of the DJI F550 for

commercial use.

4. Tarot 690 Multi

- rotor (6

- propeller hexagonal frame, carbon fiber):

a. Total weight with maximum allowable payload: 9.3lbs,

b. Dimensions: Greatest width: 810mm (31.9in), Height (with landing gear): 14.25”

c. M aximum speed: 30kts
d. Battery system (2x 6

- cell, 22.2 volt, 10, 000 maH lithium

- polymer) provides fifteen ( 20 ) minutes of flight time

e. DJI NAZA

- M V2 Flight Controller

f. Use of First

- Person View (“FPV”) for advanced flight safety; provides real

- time
video

- downlin k from sUAS to video monitor on transmitter.

g. Reference FAA Exemption No. 11221, Regulatory Docket No. FAA

- 2014

- 0557 in the matter of petition of Microcopter Professional Services, Inc. This already approved exemption granted permission of the Tarot 690 fo r commercial use.



### PILOT IN COMMAND AND OBSERVER OPERATIONS & QUALIFICATIONS

The Pilot in Command (PIC) and Visual Observer (VO) will operate all Unmanned Aircraft (UA) while adhering to the following:

• The UA will not be operated at a speed exceedin g 87 kno ts (100 miles per hour) nor will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

• The UA will be operated at an altitude of no more than 400 feet above ground level.

• The UA will be ope rated within Visual Line of Sight (VLOS) of the PIC at all times.

• All operations will utilize a VO . The UA will be operated within the VLOS of the PIC and VO at all times. The PIC will be designated before the flight and will not transfer hisor her desi gnation for the duration of the flight. The PIC will ensure that the VO can perform the duties required of the VO.

• All operating documents attached to this application will be accessible during UAS operations and made available to an administrator upon re quest.

• Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conducted by a PIC with a VO and will remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.

• The operator will be responsible for maintain and inspecting the UAS to ens ure that it is in a condition for safe operation.

• Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

• The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, an d life limit requirements for the aircraft and aircraft components.

• All UAS operations will comply with all manufacturer safety bulletins.

• The Pilot in Command (PIC) will maintain a private pilot license and current FAA

airman medical certificate or a vali d U.S. driver’s license issued by the federal government. In addition, the PIC will maintain 40 hours cumulative flying time for the UAS utilized in operations. In addition, two (2) hours flying time and three (3) takeoffs and landings within thirty (30) days of the type of UAS utilized in operations will also be

maintained.

• The operator will not permit any PIC to operate unless the PIC has demonstrated the ability to safely operate the UAS.

• UAS operations will not be conducted during night.

• The UA will not operate within 5 nautical miles of an Airport Reference Point (ARP).

• The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

• If the UAS loses communication or loses its GPS signal, the UA will return to a pre

determined location within the private or controlled

- access property.

• The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

• The PIC will ensure at least a 5 mi nute reserve powered flight time when completing all flight operations.

• All operations will be conducted in accordance with an Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).

• All UA operated will be identifiable by serial numbe r and/or equivalent marking

• All documents used by the operator to ensure the safe operation and flight of the UAS will be available to the PIC (and administrator or any law enforcement upon request) any time the aircraft is operating.

• The UA will remain cl ear and give way to all manned aviation operations and activities at

all times.

• The UAS will not be operated by the PIC from any moving device or vehicle.

• All flight operations will be conducted at least 500 feet from all non

- participating persons, vessels , vehicles, and structures unless protective barriers or structures are in place to protect such persons or the owner/controller of any vessels, vehicles or structureshas granted permission for operating closer to those objects and the PIC has made a

safe ty assessment to determine that it does not present an undue hazard.

• All operations will be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative.

• Any incident, accident, or fli ght operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s UAS Integration Office within 24 hours. Accidents will also be reported to the National Transportatio n Safety Board (NTSB).



### UAS PILOT IN COMMAND BACKGROUND & INTENT

Petitioner’s UAS Pilot

- in

- Command (PIC), and owner of Pikes Peak Aerial LLC, is Scott Randall. At the time of this application for exemption submission, Scott Randall is a Major in the

United States Air Force with an approved retirement date of 30 September 2015 and 20+ years active duty service. He has more than 5 years of experience as an enlisted aircraft maintainer on

B1

- Bombers and KC

- 135 Stratotankers. Scott Randall earned his commissi on as an Air Force officer in 2000 and has since maintained his experience in the aircraft industry as a remote controlled aircraft enthusiast. He has logged over 1000+ hours in the current UAS platforms identified in this exemption request. Scott Randal l is currently on track to earn his Private Pilot’s License in August 2015.

With an approved Section 333 exemption, Scott Randall is planning to work closely with his community in Colorado Springs, CO and assist the Park and Recreational Services in much needed aerial services for future park projects. There has also been an increasing need in fire prevention services due to devastating forest fires in the past two years that were responsible for destroying over 800 homes and a number of deaths. As a re sult, development of homes and key infrastructure has an even greater need for UAS services in the area of survey and inspection type work. Pikes Peak Aerial LLC is one of the very few companies in the Colorado Springs and Denver surrounding area speciali zing in professional grade UASs and aerial data capture capability.



### CONCLUSION

Pikes Peak Aerial LLC (the petitioner) seeks an exemption pursuant to 14 C.F.R. and Section 333 of the FAA Modernization and Reform Act (FMRA) of 2012, which will permit the safe operation of our UASs for commercial and business use. By granting these exemptions, the FAA

A dministrator will be fulfilling the Congressional mandate of the FMRA while also providing a community critical UAS services and resources necessary for its future growth and development. The petitioner respectfully requests that the Administrator grants these exemptions under Section

333.

Sincerely,

Scott Randall
Pikes Peak Aerial LLC 2555 Hot Springs Ct. Colorado Springs, CO 80919

### Exemption Requests a nd Equivalent Level of Safety:

Section 61.113(a) and (b) prescribes that

—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that

pers on, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that busine ss or employment; and

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

Section 91.103 prescribes, in pertinent part that each pilot in command shall, before beginning a flight, become familiar with all available informatio n concerning that flight, to include

—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delay s of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Fligh t Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein;

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to th e aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may
operate an aircraft below the following altitudes: “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 pers on, vessel, vehicle, or structure.”

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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 l anding and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

Section 91.203 prohibits, in subpart (a), any person from operating a civil aircraft unl ess it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S.registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as pr ovided for in § 47.31(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless an airworthiness certificate or a special flight authorization issued under § 91.715 legible to passengers or crew is displayed at the cabin or cockpit entrance.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in para graph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding , or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that

—

(a) Each registered owner or operator shall keep the following re cords 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 completion 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 which are required to be overhauled on a specified time bas is.

(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 appliances are maintained.(v) The current status of applicable airworthiness directi ves (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 recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall 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 a nd

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.

The petitioner will execute according to the attached user manual , operating manuals, and

included checklists.