June 19, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 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) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a)

(1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

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

and 14 CFR Part 11, Tydon Davis Kommel, DBA “Aeris Imaging,” operator of the 3D Robotics

Iris+ Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal

Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, provided such

operations are conducted within and under the conditions outlined herein or as may be

established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would provide professional services in the following areas:

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, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not

limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.
6. Training to persons individually or belonging to both private and/or public organizations to

increase awareness and improve safety for current and future UAS operations within the NAS.

As described fully below, the requested exemption would permit the operation of designated

UAS as set forth in this document under controlled conditions in the NAS that would be a)

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase

public awareness of UAS operations and enhance safety to aid in fulfilling 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.”

The name and address of the applicant is:

Tydon Davis Kommel, DBA “Aeris Imaging”

Ph: 818.723.3909

Email: tydon@aerisimaging.com

Address: 9725 Owensmouth Ave., Chatsworth, CA 91311

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

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)
Tydon Davis Kommel, DBA “Aeris Imaging”, will operate one or more of the following model

UAS:

1. 3D Robotics Model Iris+ with the following specifications:

● Iris+ Aircraft

○ Flight time

■ 15 minutes

○ Height

■ 100mm

○ Diagonal Length Without Rotors Installed

■ 550mm

○ Propellers

■ 9.5 x 4.5 self tightening propellers

○ Weight Without Battery and Payload

■ 2.83 pounds

○ Weight With Battery and Payload

■ 3.46 pounds

○ Battery

■ 3S 11.1 volt 5100mAh 8C Lithium Polymer pack

○ Charger

■ 3S 11.1 volt Lithium Polymer AC/DC Intelligent Balancing charger

○ Transmitter

■ 9 channel 915MHz

● Tarot 2D Gimbal Stabilization System

○ Cameras supported

■ GoPro HERO3

■ GoPro HERO3+

■ GoPro HERO4

○ Input/Operating Voltage

■ 7.4V­14.8V DC

○ Current Consumption

■ 200mA­500mA

○ Working Environment Temperature

■ ­15 °C to 65 °C

○ Weight Without Camera

■ 0.44 pounds

○ Weight With GoPro HERO3

■ 0.6 pounds

○ Weight With GoPro HERO4

■ 0.63 pounds
● 3D Robotics GoPro Live View Kit

○ Operating Frequency

■ 5.8GHz

○ Receiver

■ 2 antenna diversity

■ 1 cloverleaf antenna

■ 1 omnidirectional antenna

○ LCD Screen

■ 7” high definition LCD

■ 1100mAh rechargeable Li­Ion battery

○ Transmitter

■ 5.8GHz with cloverleaf antenna

Given the small size of the UAS in scope and the controlled environment provided, the

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this

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 of the requested exemption is in the public

interest. Accordingly, the applicant graciously requests that the FAA grant the requested

exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using conventional

aircraft. These limitations and conditions to which the applicant agrees to adhere to when

conducting commercial operations under the FAA issued exemption as set forth in the Flight

Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery

and camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no

more than 70 MPH.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual

Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in

operation, but will not exceed 15 minutes. Flights will be terminated at 25% battery power

reserve or 15 minutes of flight time whichever occurs first.
5. 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.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual

Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a

minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day’s flights consisting of all the days’

production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a 5mile radius of the geographic

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the requested

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72

hours but no less than 48 hours from planned operation.

14. The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as U.S. Department of Transportation required under the FOM. With the

advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date

information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. Written and/or verbal permission and permits will be obtained from territorial, state, county or

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as

appropriate to flight operations.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a predetermined location within a designated location and

land autonomously.
19. The UAS will have the capability to abort a flight in case of emergencies with an automated

“Return Home” and “Land” function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies such as low battery.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Aeris Imaging submits that grant of this exemption application for use of the Iris+ in precision

aerial surveying, inspection, videography and photography will advance the Congressional

mandate in Section 333 of the Reform Act to accelerate the introduction of UAS’s into the

national airspace system (“NAS”) if it can be accomplished safely. This law directs the Secretary

of Transportation to consider whether certain UASs may operate safely in the NAS before

completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of UASs do not create a

hazard to users of the NAS or the public or pose a threat to national security in light of the

following:

● The UAS’s size, weight, speed, and operational capability;

● Operation of the UAS in close proximity to airports and populated areas;

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority 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 and cost savings associated with transitioning to

UAS’s for aerial surveying, photography, inspection and videography. Accordingly, the

applicant respectfully requests that the FAA grant the requested exemption without delay as

these are services desperately needed in the California area due to drought issues.
Grant of the exemption to Aeris Imaging will be subject to the following mandatory conditions,

which are based upon operating conditions set forth for operation of UAS by public entities

pursuant to Certificates of Authorization, with additional restrictions:

● All operations to occur in Class G airspace

● Operations to avoid congested or populated areas, which are depicted in yellow on VFR

charts

● Operations to be conducted over private or controlled­access property

● Permission from land owner/controller required before commencing any flight

● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

● Aircraft to remain within Visual Line of Sight (VLOS)

○ VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical

miles (NM)

○ Cylinder walls may be expanded by additional observer’s

● Operations to occur during daylight hours

● Above Ground Level (AGL) altitude to be restricted to 400 feet

● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline

azimuth of runway centerline measured from runway thresholds

● All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies

Operator Requirements

Aeris Imaging respectfully proposes that operator requirements should take into account the

characteristics of the particular UAS. Certain UASs, such as the Aeris Imaging Iris+, are

characterized by a high degree of pre­programmed control and various built­in technical

capabilities that limit the potential for operation outside of the operating conditions set forth

above.

The Iris+ has a semi­autonomous navigation and control system comprised of a Ground Control

Station (GCS), GPS stabilization and auto­pilot system. In the case of unplanned events, the

operator can allow the aircraft to follow the pre­programmed evasive maneuvers from the

control unit or enable assisted steering for direct control. Pre­programmed maneuvers include

initiation of holding at present position; suspension of mission; fly back to launch point; fly to

point and hold; abort mission and land; and emergency power cut off and land (Flight

Termination System).

Additional automated safety functions and safety enhancing features of the Iris+ include the

following:

● Detection of lost GPS signal will initiate a return to launch program, allowing the

operator time to take control if necessary.
● The GCS produces an audible message of the battery level every 15­60 seconds

(this can be adjusted). At 10.2V (this can be adjusted) overall pack voltage the

aircraft will automatically land.

● On­board failsafe limits aircraft descent speed to a maximum of approximately 5

m/s .

● The aircraft, weighing less than 4 lbs, fully loaded, is constructed of high impact

plastic or similar material which is intended to absorb impact energy.

● The motor is driven by a pulse width modulated signal, not an analog signal.

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to

allow commercial operations of a small unmanned vehicle conducting aerial imaging,

photography, videography, inspection and surveying.

Approval of the exemption allowing commercial operations of the Iris+ for aerial imaging,

photography, videography, inspection and surveying work will enhance safety by reducing risk.

Conventional aerial operations, using jet or piston­powered aircraft present risks associated with

vehicles that weigh in the neighborhood of 5,000 to 7,000 lbs, carry large quantities of fuel,

passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location.

In contrast, an Iris+ weighing less than 4 lbs and powered by batteries eliminates a portion of

that risk given the reduced mass and lack of combustible fuel carried on board. The Iris+ is

carried to the survey location, not flown there. The Iris+ will carry no passengers or crew and,

therefore, will not expose any individuals to the risks associated with manned aircraft flights.

The operation of the Iris+, weighing less than 4 lbs, for aerial imaging, photography,

videography, inspection and surveying in accordance with the strict conditions outlined above,

will provide an equivalent level of safety supporting the grant of the exemptions requested

herein, including exempting Aeris Imaging from the requirements of Part 21.

The Iris+’s satisfaction of the criteria set forth in Section 333 of the Reform Act—size, weight,

speed, operating capabilities, lack of proximity to airports and populated areas, operation within

visual line of sight, and national security—and its showing of an equivalent level of safety as it

may relate to the requirement for a pilot’s license, provide more than adequate justification for

the grant of the requested exemptions allowing commercial operation of the Iris+ in the

commercial precision video and imaging business.

Sincerely,

Tydon D. Kommel

Owner of Aeris Imaging

9725 Owensmouth Ave.

Chatsworth, CA 91311

818­723­3909