# S pektiv

, LLC.

Ju ly 8 , 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b)

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409

(a) (2);91.417 (a) & (b).

To whom it may concern:

In pursuant with Section 333 of the FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11,

Spek tiv LLC , a professional UAS company hereby applies for an exemption from the listed Federal

Aviation Regulations ("FARs") to allow commercial operation of its UASs, so 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.

As described more fully below, the requested exemption would support an application for a

C ommercial Certificate of Authorizatio n and permit the operation of small, unmanned and

relatively inexpensive UAS under controlled conditions in airspace including:

1. Structural Inspections of Towering Infrastructures

– Such operations would only be taken place under

contract obligations fro m the proprietor of the property for the sole reason to obtain detailed structural

point to point data. Such operations will be controlled in FAA approved airspace and will create no

additional hazard to the environment.

2. Precision Aerial Imagery and Mapping

– Such operations would only be taken place under contract

obligations from the proprietor of the property for the sole reason of obtaining detailed aerial terrainand topographic imagery of land features as well as commercial and residential p roperties. Such

operations w ill be directed in airspace not to exceed 400' AGL and the UAS will stay inside Visual Line of

Sight of the Pilot in Command at all time

Spektiv proposes that the exemption requested herein apply to civil aircraft that have t he

characteristics and that operate with the limitations listed herein. These limitations provide for an

exceptional level of safety to operations. These limitations and conditions to which Spektiv

agrees to be bound when conducting commercial operations u nder an FAA issued exemption

including:

 The UAS will weigh less than 55 lbs.

 Flights will be operated within line of sight of operator.

 Maximum total flight time for each operational flight will be 30 minutes.

 Flights will be terminated at 15% battery pow er reserve.

 Flights will be operated at an altitude of no more than 400 feet AGL

 UAS operator will be trained and certified in the proper safety and operations of the UAS.

 The UAS will only operate within a controlled area as defined in the Procedures.

 The operator will post advisor notice around the controlled area.

 The operator will have been trained in operation of UAS generally and received up

- to

- date

information on the particular UAS to be operated as required.

 If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to

a pre

- determined location within the Security Perimeter and land.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies

The name and contact information of the applicant are:

Speketiv LLC,

P.O. Box 51

Wattsville, VA 23483

Keon Harmon

757

- 894

- 3191

keon@spectivsolutions.com

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and

are prepared to modify or amend any part of this request to satisfy the need for an equivalent

level of safety. We look forward to working with your office. Please contact us at any time if

additional information or clarifications are needed.

Sincerely,

Speketiv LLC.

Keon Harmon, ME

PresidentAppendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Speketiv LLC . requests an exemption from the following regulations as well as any additional regulations

that may technically apply to t he operation of its UAS’s.

14 CFR Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203(a) (1).

Given the size and limited operating area associated with the aircraft to be utilized by the

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level

of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.

§44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from

the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability, and proximity to a irports and populated areas of the particular UAS. In all

cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed will be

at least as safe , or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs fully loaded, carries neither a pilot no r

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a controlled area as set out in the Procedures. Unlike other civil aircraft, operations under

this exemption will be tightly controlled and monitored by the operator, pursuant to the

Procedures requirements. Lastly, application of these same criteria demonstrates that there is

no credible threat to national security posed by the UAS, due to its size, speed of operation,

location of operation, lack of explo sive materials or flammable liquid fuels, and inability to carry

a substantial external load.

14 CFR § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displaye d

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 UAS

will have no airworthiness certificate, an exemption may be needed as the UAS will have no

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the UAS, two

- inch lettering will be impossible. The word "Experimental" will be

placed on the fuselage in compliance with §45.29(f). The equivalent le vel of safety will be

provided by having the UAS marked on its fuselage as required by §45.29(f) where the operator

working with the UAS will see the identification of the UAS as "Experimental." The FAA has

issued the following exemptions to this regulatio n to Exemptions Nos. 10700, 8738, 10167 and

10167 A

14 CFR §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issue d for the aircraft, should thisexemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the Procedures for maintenance

and use of safety check lists prior t o each flight, an equivalent level of safety will be provided.

14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9(b) (2) provides:

No person may operate a U.S.

- registered civil aircraft ... (2) for which an Airplane or Rotor craft

Flight Manual is not required by §21.5 of this 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 UAS, given it s size and configuration has no ability or

place to carry such a flight manual on the aircraft, not only because there is no pilot on board,

but because there is no room or capacity to carry such an item on the aircraft. The equivalent

level of safety will be maintained by keeping the flight manual at the ground control point where

the operator flying the UAS will have immediate access to it. The FAA has issued the following

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658,

10167, 10167A, 10602, 32827, and 10700.

14 CFR § 91.103(b): Preflight action

This regulation requires that each pilot in command shall, before beginning a flight, become familiar

with all available information concerning that flight. This information must include

— (b) for any flight,

runway lengths at airports of intended use, and the following takeoff and landing distance information...

As FAA approved rotorcraft flight manuals will no t be provided for the aircraft and because

runways are not needed for takeoff and landing operations, an exemption will be needed. An

equivalent level of safety will be provided as set forth in Procedures. The operator will take all

actions including revie wing weather, flight battery requirements, landing and takeoff locations

and aircraft performance data before initiation of flight.

14 CFR §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft (except a manned fr ee

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through the use o f a control box that communicates with

the aircraft via radio communications. The FAA has approved exemptions for flight training

without fully functional dual controls for a number of aircraft and for flight instruction in

experimental aircraft. See Exemp tion Nos.5778K & 9862A. The equivalent level of safety

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: Minimum safe altitudes

Section 91.119 establishes sa fe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA . As this

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth

herein, except for the limited conditions stated in the Procedures, the UAS will never operate at

higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight,

speed of the UAS as well as the location where it is operated. In addition, the low

- altitudeoperations of the UAS will e nsure separation between these small

- UAS operations and the

operations of conventional aircraft that must comply with Section 91.119.

14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitu de by

reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate

altimeter setting available before departure." As the UAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption ma y be needed. An equivalent level of safety

will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming

the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR § 91.151(a): Fuel Requireme nts 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 lan ding, 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."

The battery powering the UAS provides approximately 40 minutes of powered flight. To mee t

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to

approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and

the location of its proposed operations within a predetermined area, a lo nger time frame for

flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption

from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673

(allowing Lockheed Martin Corporation to operate witho ut compliance with FAR 91.151(a)).

Operating the small UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel,

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the

size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly

reduce the utility for which the exemption will be granted. Applicant believes that an equivalent

level of safety can be achieved by limiting flights to 30 minutes or 15% of battery power

whichever happens first. This restriction would be more than adequate to return the UAS to its

planned landing zone from anywhere in its limited operating area. Similar exemptions have

been granted to other operations, including Exe mptions 2689F, 5745, 10673, and 10808.

1 4 CFR §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 w ithin it

the following: (1) an appropriate and current airworthiness certificate ... (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

section or a special flight authorization issued under §9 1.715 is displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than

55 lbs and is operated without an on board pilot. As such, there is no ability or place to carry

certification and reg istration documents or to display them on the UAS. An equivalent level of

safety will be achieved by keeping these documents at the ground control point where the

operator flying the UAS will have immediate access to them, to the extent they are applicable to

the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample

of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A,

and 10700.14 CFR §91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): M aintenance 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, hav e 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the applicant. Maintenance will be accomplished by the operator

pursuant to the flight manual and operating handbook as referenced in the Procedures. An

equivalent level of safety will be achieved because these small UASs are ver y limited in size

and will carry a small payload and operate only in controlled areas for limited periods of time. If

mechanical issues arise the UAS can land immediately and will be operating from no higher

than 400 feet AGL. As provided in the Procedures , the operator will ensure that the UAS is in

working order prior to initiating flight, perform required maintenance, and keep a log of any

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and

best suited to maint ain the aircraft in an airworthy condition to provide the equivalent level of

safety. Pursuant to 14 CFR Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 CFR

45.23(b); 14 CFR §§ 61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121;

91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.409(a) (2) & 91.417( a) &

(b) to operate commercially a small unmanned vehicle (55lbs or less) for the purpose of

inspection, monitoring, mapping and photographing attached equipment and engineering

studies involving communication towers, wind turbine tower facilities and powe r transmission

tower operations.

Approval of exemptions allowing commercial operations of UASs will create a level of safety by

reducing risk. Conventional tower structure inspections and associated tasks involve extreme

risks to personnel physically climb ing such structures and/or utilizing high rise equipment both of

which create numerous and extreme risk to such personnel. In contrast, a UAS weighing fewer

than 55 lbs and powered by batteries eliminates virtually all of that risk. The UAS will carry no

p assengers or crew and, therefore, will not expose personnel to any of the risks described

above.

The operation of small UASs, weighing less than 55 lbs, conducted in the strict conditions

outlined above, will provide a level of safety supporting the grant of the exemptions requested

herein, including exempting the applicant from the requirements of Part 21 and allowing

commercial operations. These lightweight aircraft operate at slow speeds, close to the ground,

and in a controlled environment.

Privacy

All flights will occur over private or controlled access property with the property owner's prior

consent and knowledge. The granting of this exemption request will provide innovative safety

operations. Satisfaction of 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 and national security

- provide more than adequate justification for the

grant of the requested exempt ions allowing commercial operation of applicant's UAS in and

pursuant to the Procedures appended hereto.