July 11, 2015

U.S. Department of Transportation Docket Operations
West Building Ground Floor, Room W12-140
1200 New Jersey Avenue, SE Washington D.C. 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 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).

Dear Sir or Madam:
I, William R. Nobles, Jr., d.b.a. Aerial Technologies, LLC, am writing pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Aerial Technologies, LLC, an owner and operator of Small Unmanned Aircraft Systems (“sUAS”) for aerial video and still image acquisition including but not limited to, the following industries:

• research

• motion picture and television

• real estate

• utility and building inspection including but not limited to cell towers, power lines, commercial and residential structures

• mapping and survey

• agriculture

• search and rescue

• aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority hereby applies to be exempted from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs in airspace regulated by the Federal Aviation Administration (FAA).
Aerial Technologies, LLC's requested exemption would permit the operation of sUAS under controlled and secure conditions that is: (a) limited, (b) predetermined, (c) subject to controlled access, and (d) provide greater safety in connection with aircraft operations. As established by the exemptions already granted by the FAA, approval of Aerial Technologies, LLC'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.The name and address of the applicant is:
Aerial Technologies, LLC William R. Nobles, Jr. 800 Tarpon Woods Boulevard Unit F-2 Palm Harbor, FL 34685 email: teamnobles@icloud.com
Regulations from which the exemption is requested:
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H
14 C.F.R. § 45.23 (b): Marking of the Aircraft
14 CFR 61.113(a) and (b): Private Pilot Privileges and Limitations
14 C.F.R. 91.103: Preflight Action
14 C.F.R. §91.109: Flight Instruction

14 C.F. R. 91.119: Minimum Safe Altitudes
14 C.F.R. 91.121: Altimeter Settings
14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections
14 C.F.R. §91.7(a): Civil Aircraft Airworthiness
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

All sUAS operated by Aerial Technologies, LLC weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally. Aerial Technologies, LLC will only operate its sUASs in line of sight and will operate only within the secure area described in the FOPM. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.”Given the small size of Aerial Technologies, LLC's sUAS and the restricted secure environment within which they will operate, Aerial Technologies, LLC's sUAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the size of the sUAS, permission from relevant property owners or other applicable parties, and the limited areas in which they will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, Aerial Technologies, LLC respectfully requests that the FAA grant the requested exemption.
Aircraft And Equivalent Level Of Safety
The operating limitations proposed by Aerial Technologies, LLC provide for at least an equivalent or higher level of safety because operations further enhance safety of aerial image collection rather than using conventional aircraft.

The limitations and conditions include:

• The sUAS will weigh less than 55 pounds.

• Flights will be operated within line of sight of a pilot and/or observer. • Maximum flight time for each operational flight will be no more than 30 minutes. Flights will be terminated at no less than 15 % battery power reserve should that occur prior to the 30 minute limit. • Flights will be operated at an altitude below 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• The sUAS will only operate within a confined secure area as defined in the FOPM. • A briefing will be conducted for planned sUAS operations prior to each day’s flight. All personnel performing duties within the boundaries of the safety perimeter are required to attend. • The Observer and pilot will be able to communicate by voice at all times. • All appropriate permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. • If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre-determined location within the secure perimeter and land.

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
14 C.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 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 theReform 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 airports 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 pounds fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 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 explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft
When marks include only the 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 UAS will have no airworthiness certificate, an exemption will 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 level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.”

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 sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate a sUAS. Unlike a conventionalmanned aircraft, a sUAS 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 operating a conventional aircraft. The risks associated with the use of a sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing sUAS use by a sport pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).
14 C.F.R. § 91.103: Preflight Action
Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement of flight.
14 C.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 for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of 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. 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 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.” Because Aerial Technologies, LLC requests authority to operate at altitudes no higher than 400 AGL, and not more than 200 above an elevated platform from which filming is planned, an exemption is needed to allow such operations. Except for the limited conditions stated in the FOPM, the sUAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area within a security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent.The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS 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 participants in the filming activity, all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed sUAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the sUAS will ensure separation between a sUAS 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 sUAS may not have a barometric altimeter, but instead a GPS 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 . . . .”
The typical battery powering the Aerial Technologies, LLC sUASs provides less than 30 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flight would not be possible. Given the limitations on the sUAS’s proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating the sUASs in a tightly controlled area where only people, property owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to address.
Aerial Technologies, LLC believes that safety can be achieved by limiting flights to 30 minutes or 15% of battery power, whichever occurs first. This restriction would be more than adequate to return the sUAS to its pre-determined landing zone from anywhere in its limited operating area.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (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 inparagraph (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 Aerial Technologies, LLC operations. Maintenance will be accomplished by the operator. An equivalent level of safety will be achieved because the sUASs are limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the sUAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the sUAS and best suited to maintain it in an airworthy condition.
14 C.F.R. §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 issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.
Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.
14 C.F.R. § 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 Rotorcraft 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 its 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 pilot flying the UAS will have immediate access to it.
Summary for Publication
Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:
Aerial Technologies, LLC seeks an exemption from the following rules:
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H; 14 C.F.R. § 45.23 (b): Marking of the Aircraft; 14 CFR 61.113(a) and (b): Private PilotPrivileges and Limitations; 14 C.F.R. 91.103: Preflight Action; 14 C.F.R. §91.109: Flight Instruction; 14 C.F. R. 91.119: Minimum Safe Altitudes; 14 C.F.R. 91.121: Altimeter Settings; 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions; 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections; 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness; 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft
to operate commercially a small unmanned vehicle (55 pounds or less) in commercial image acquisition operations.
As established by the sUAS exemptions already granted by the FAA, allowing commercial operations of sUAS in research, motion picture and television, real estate industry, utility and building inspection, mapping and survey, agriculture, search and rescue, aerial inspection/ photography of residential and commercial structures under contract with the owners or local government authority will enhance safety by reducing risk to the public and the NAS. Conventional survey, agricultural, mapping, inspection, and film operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh in excess of 4,000 pounds, and which carry large amounts of fuel. Such aircraft must also fly to and from the desired target location. In contrast, a sUAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The sUAS is carried, and not flown, to desired target location. In this regard, the sUAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights.
The operation of sUAS conducted in the strict conditions outlined in the FOPM will provide an equivalent level of safety supporting the grant of the exemption requested herein. The sUAS operate at slow speeds, close to the ground, and in a secure environment. As a result, they are far safer than conventional operations conducted with turbine helicopters flying near the ground and people.
Privacy
All flights will occur over private or controlled access areas with the property owner’s prior consent and knowledge. Recognizable images will only be recorded of people who have given their consent or otherwise have agreed to be in the area where active image acquisition will take place , or are in a place where there is no expectation of privacy.
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 to grant Aerial Technologies, LLC’s requested exemption, allowing for Aerial Technologies, LLC's sUAS commercial operations for the listed industries pursuant to the included FOPM.** Updated Requested Information by the FAA via email on 12/23/2015**

1. Describe the aircraft make(s), model(s), and type(s)(i.e., fixed

- wing, rotorcraft, lighter

- than

- air) for the proposed UAS operation. The description(s) should include the maximum weight (including payload). This information can be located in the aircraft manual(s).
A. The aircrafts used by Aerial Technologies, LLC. will consist of DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1.
B. All sUAS will be rotorcraft and weigh less than 55 pounds including any payload.
2. Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order 8900.1, Volume 3, Chapter 8, Section 1.
A. A copy of the Aerial Technologies, LLC. Motion Picture and Television Operating Manual (MPTOM) has been emailed as an attachment to 333exemptions@faa.gov

.

Any further questions or requests for documentation should be directed to William R. Nobles, Jr. by telephone at 727-366-7770 or email at teamnobles@icloud.com.
Sincerely,

William R. Nobles, Jr. Aerial Technologies, LLC.