### Nathan Harding Belch NHBAerial Video 811 Division Street Pleasanton, CA 94566 FAA Registration: N116NB

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11 , Nathan Harding Belch, owner of NHBAerial Video, hereby applies for an exception from the listed Federal Aviation Regulations to allow commercial operation of a small UAS, so as long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by section 333, for all operators of small Unmanned Aerial Systems (UAS) working for NHBAerial Video.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events,· and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with the search and rescue operations in cases of emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

As described fully below, the requested exemption would permitthe operation of small UAS under controlled in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establish requirements for the safe operation of such aircraft systems in the national airspace system."

### The name, phone, email and address ofthe applicant:

Name: NHBAerial Video Phone: 51 0-331-7994 Email: nathanbelch@amail.com Address: 811 Division Street Pleasanton, CA94566

Regulations from which the exemptions requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (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)

The Small UAS's I will be using are multi-rotor craft weighing no more than 551bs, including

.payload. Under normal conditions they operate at speeds of no more 45 Mph or 39 Knots and have the ability to hover and move along a vertical and horizontal plane simultaneously. They will operate in line of site only and by the exempted persons only obeying all other local and federal1aws. ·

Given the small size of the small UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

### AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property usin.g conventional aircraft. These limitations and conditions to which the applicant agrees to adhere towhen conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observer. 3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlight time whichever occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6. A briefing will be performed regarding the planned small UAS operations priorto each day's flight consisting of all the days' production activities. 7. The PIC will obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required underthe FOM. With the advanced permission or direction ofthe FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operation ofsmall UAS and receive up-to-date information forthe particular small UAS to be operated and will be able to show upon request their competent abilityto operate the small UAS and/or Camera. 9. The PIC and VO will be able to communicate by voice, radio, and/ortext at all times. 10. Written and/orverbal permission and permits will be obtained from territorial, state, county
or cityjurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 11. Ifthe small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 12.The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, oremergencies.



### 14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §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 the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe 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 for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular small UAS. In all cases, an analysis ofthese criteria demonstrates thatthe small UAS operated without
an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate without the restrictions and conditions proposed. The small UAS to be operatedhereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the small UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load.

14C.F.R. § 45.23 (b). Marking ofthe Aircraft

The regulation requires: When marks include onlythe 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 operator 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 applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental"
can be placed. Given the size ofthe small UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on itsfuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification ofthe small UAS as "Experimental."

14C.F.R. § 61.113(a): Private Pilot Privileges and limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers or property for compensation or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendanttothe operation ofsmall UAS is far less than the risk levels inherent in the commercial activities outlined in 14CFR 61. Ifeel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS.

14C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining.airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety checklists priorto each flight an equivalent level ofsafety will be provided.

### 14C.F.R. 

### § 91.9 (b) (2): Civil Aircraft Flight Manual inthe Aircraft.

Section 91.9 (b) (2) provides: No person mayoperate 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.The small UAS, given itssize and configuration has
no ability or place to carry such aflight manual on the aircraft, notonly because there is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft.The equivalent level ofsafety will be maintained by keeping theflight manual atthe ground control point where the pilotflying the small UAS will have immediate access to it.

14 C.F.R. 

### § 91.103: Pr¢1ightAction.

This regulation requires each pilot in command totake certain actions before flight to insure the safety offlight. 

### As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight

.



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,' 14C.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 being used forflight instruction unless thataircraft has fully functioning dual controls. Small UAS and remotely piloted aircraft, by theirdesign do nothave fully functional dual controls. Flight control is accomplished throughthe use ofa control box thatcommunicateswith the aircraftvia radio communications. The FAA has approved exemptions forflighttraining withoutfullyfunctional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety provided bythe factthat neithera pilot norpassengers will be carried in the aircraft and by the size and speed ofthe aircraft.

14C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operatingthe helicoptercomplies with any route oraltitudes prescribed for helicopters bythe FAA. As this exemption is for a small UAS that is a helicopterand theexemption requests authorityto operate at altitudes upto 400AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allowsuch operations. As set forth herein, the small UAS will never operate at higher than 400 AGLwith the exception that in circumstances wherethe small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people 

### will not be exposed to operations withouttheir**pre~** 

### obtained consent. The equivalent level ofsafety 

### will be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated. No flight will be taken withoutthe permission of the propertyowneror local officials. Because ofthe advance noticetothe propertyownerand participants in thefilming activity, all affected individuals 

### will be aware ofthe planned flight operations.Compared to flight operations with aircraft or rotorcraftweightingfar more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe small UAS will ensure separation between these small- UAS operations and the operations ofconventional aircraftthat mustcomply with Section 91.119.

14C.F.R. §91.121Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to
an altimeterthat is set "

...to the elevation ofthe departure airportor an appropriate altimetersetting available before departure."

### As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown onthe GPS altitude indicator before flight.

14C.F.R. 

### § 91.151{a): Fuel Requirementsfor Flight inVFR 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 toflyto thefirst pointof intended landing, and, assuming normal cruising speed- (1) Duringthe day, toflyafterthatfor at least 30 minutes; or (2) At night, tofly afterthatforat least45 minutes." The battery poweringthe small UAS provides approximately 30 minutes ofpowered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limitedto approximately 10 minutes in length. Given the limitationson thesmall UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame forflight in daylight ortwilightVFR conditions is reasonable. Applicant believes that an exemptionfrom 14CFR §91.151(a) falls within the scope of prior exemptions.· Operating the small UAS, in atightlycontrolled area where only people and propertyowners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does notengenderthe type of risks that Section 91.151(a) was intended to alleviate given thesize and speed ofthesmall UAS. Additionally, limiting small UAS flightsto 10 minutes would greatly reduce the utility forwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflightsto 30 minutes or 25% ofbattery power- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing

## zone from anywhere in its limited operating area.

14C.F.R. §91.203 (a) and (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 it thefollowing: (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 aspecial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legibleto passengers orcrew.The small UAS fully loaded weighs no morethan 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents ortodisplaythem on the small UAS.

An equivalent level ofsafety will be achieved by keepingthese documents atthe ground control point wherethe pilotflyingthe small UAS will have immediate access to them; tothe extentthey are applicable to the small UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections.

These regulations require that an aircraft operatororowner "shall havethat aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

... /' and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level ofsafety will be achieved because these small UASs are very limited insize and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the small UAS can land immediatelyand will be operatingfrom no higher than 400 feetAGLThe operatorwill ensure thatthe small UAS is in working order priorto initiating flight, perform required maintenance, and keep a log

### ofany maintenance performed. Moreover, the operator is the person mostfamiliar with theaircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.

An equivalent level ofsafety will be achieved because maintenance and inspectionswill be performed in accordance with the small UAS Manufacturer's Manual, as**referer.~ced** inthe Aircraft Operations Manual (AOM). 

### As provided inthe FOM, the operatorwill ensure thatthe small UAS is in working order priorto initiatingflight and perform required maintenance needed.

### Small UAS Information

Small UAS's to be used are as follows but not limited to providing they are within the scope of the exemption granted by the FAA:

1 . OJI Phantom 3 Weight ( Battery 

## &Propellers Included )

- 2.8211bs. HoverAccuracy- Vertical: 

## +1- .33ft (when vision positioning is active) or 

## +1- 1.64

## ft Horizontal: 

## +1- 4.9 

### ft Max YawAngular Velocity -200°/s 'Max TiltAngle

- 35° MaxAscent Speed

- 16ft/s Max Descent Speed

- 9ft/s Max Flight Speed

- 36mph DJI Phantom 3 Battery

- DJI4480mAH LiPo Battery

DJI Phantom 3 Gimbal Controllable Range

- Pitch -90° to +30cr Stabilization

- 3-axis (pitch, roll, yaw)

OJI Phantom 3 Camera Operating Temperature Range

- -32°F to 104°F Sensor Size

- 1/2.3 inches Effective Pixels -14M Resolution -4384x3288 HD Video Recording
0 

### UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

o 

### FHD: 1920x1080p 24/25/30/48/50/60

o 

### HD: 1280x720p 24/25/30/48/50/60 Recording Field of View -11 0°/85° DJI Phantom 3 Transmitter Operating Frequency -2.400GHz -2.483GHz Communication Distance (unobstructed) -FCC Compliance: 2400 ft Receiver Sensitivity (1%PER) -101dbm +/- 2dbm Transmitter Power

- FCC Compliance: 20dbm CE: 16dbm

Conclusion Thank you for the consideration ofthese exemptions. Sincerely, /.

# -~;;b5J/v77~**~~zq;** :zS

Nathan Harding Belch Owner/Operator NHBAerial Video