July 29,2Q14

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Madam:

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

Act), Slugwear, lnc, dba as Likeonatree Aerial (the operator), D. Douglas Branch (the

applicant), planned operator of Small Unmanned Aircraft Systems (sUASs) equipped to

conduct aerial photography and survey for various industries hereby applies for an

exemption from FederalAviation Regulations (FARs) to allow commercialoperation of

their sUASs, 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 permit the operation of

sUAS by the applicant for commercial use that would provide the following benefits:

1. Operations would be performed in an area of operation limited in size suitable to

the specific use, in advance of flight.

2. The flight would be planned in advance to minimize hazards to persons and

property in the air and on the ground.

3. The operator would reasonably limit or control access to provide safety to those

not involved in the operation.

4. Operation of a sUAS would provide significant safety, environmental and other

enhancements not possible by larger sized aircraft.

5. An FAA licensed airman with a Commercial grade or higher pilot certificate would

operate the sUAS or directly supervise the operation.

6. Provide a beneficial and currently unavailable service to government

organizations and the general public that would serve the public interest.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation's (the FAA Administratof 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.

It is possible to operate sUASs so to not create a hazard to users of the National

Airspace System (NAS), the public or pose a threat to national security if done so safely

and responsibly. The applicant has demonstrated their willingness to act safely and

responsibly by not engaging in commercial sUAS operations. The applicant has, in fact,

worked with FAA employees at the local FSDO in an effort to flnd a safe and legal

solution to permit commercial operation. Additionally, the fact that the applicant currently

holds a FAA Airline Transport Pilot Certificate (ATP), and a current FAA Flight lnstructor
Certificate (CFl) demonstrates that the applicant has a high regard to safe operations, as

well as a necessary high-level understanding of the NAS and FARs. The experience

these two FAA certificates represent serves to add significantly to the level of safety in

any operation performed by the applicant or the applicant's employees.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics of sUAS and that operate with the limitations listed herein.

These limitations provide for at least an equivalent or higher level of safety to operations

under the current regulatory structure as the proposed operations represent a safety

enhancement to the already safe aerial commercial photography and survey operations

conducted with conventional aircraft.

The sUAS's planned to be operated are rotorcraft and fixed wing aircraft, each weighing

55 or fewer pounds including payload. They would operate, under normal conditions, at

a speed of no more than 50 knots. The principal construction material of these sUAS

craft would be foam and/or plastic. Operations will be performed by a qualified sUAS

PlC, as outlined below, to insure that the sUAS will "not create a hazard to users of the

national airspace system or the public." Given the small size of the sUASs involved and

the pre-planned environment within which they will operate, the applicant believes that

these operations fall squarely within that zone of safety (an equivalent level of safety) in

which Congress envisioned that the FAA must, by exemption, allow commercial

operations of sUASs to commence immediately. Also, operation in a researched (to

include applicable NOTAMs), pre-defined area will prevent the possibility of a national

security issue. The operation of sUASs by knowledgeable professionals with experience

in the NAS will serve to enhance safety, add to the public benefit and reduce

environmental impacts related to current methods of aerial photography and survey.

These limitations and conditions to which the operator, or it's employees, acting as

sUAS PIC agrees to be bound when conducting commercial operations under an FAA

issued exemption:

Safety will be the first and foremost consideration in any sUAS operation.

sUAS pilot will be an FAA licensed airman with at least a Commercial Pilot

certificate or the sUAS pilot will be directly supervised by an FAA licensed airman

with at least a Commercial Pilot certificate.

The sUAS FAA licensed airman will be considered Pilot in Command (PlC),

whether flying or supervising, and will be responsible for safe operation of the

flight.

Flights will be operated within line of sight of the PIC andlor an observer.

The sUAS willweigh less than 55 lbs total.

Flights will be operated in Class G airspace whenever possible. lf operation in

other airspace is required, the relevant controlling agency will be notified at least

24 hours prior to the operation and, if required, any necessary permission

obtained.

Flights will be operated under visibility and cloud clearance requirements

equivalent to Msual Flight Rules (VFR).

8. The sUAS will at alltimes give way to any aircraft carrying persons.

9. Minimum crew for each operation will consist of the sUAS PlC. An observer will

be utilized if the sUAS will be flown beyond line of sight of the PlC. The observer,

if required, and PIC will at all times be able to communicate by voice and/or text.

3.

1.

2.

4.

5.

6.

7.
10. Prior to a sUAS flight, an area of operation will be established. This area of

operation will include a defined lateral and vertical area, where the sUAS will

operate. Safety procedures will be established for persons, property and

applicable airspace within the area of operation.

11. Flight planning will include flight completion with at least 20o/o battery power

remaining as measured by the sUAS or appropriate timing.

12. lf equipped, and appropriate for the operation, sUAS aircraft will utilize GPS

navigation, failsafe, return-to-home (RTH) and/or flight abort safety features.

13. A briefing will be conducted in regard to the planned sUAS operations prior to

operation at each new location. All personnelwho will be performing duties

within the boundaries of the area of operation will be present for this briefing.

14. All required permissions and permits will be obtained from appropriate state,

county or city jurisdictions, including local law enforcement, fire, or other

appropriate governmental agencies.

15. Written, to include electronic, and/or oral permission from the relevant property

owners will be obtained prior to an operation.

16. The sUAS pilot will be trained in advance for the safe operation of the sUAS to

be operated. This will include operation of the sUAS both in normal and

emergency modes of operation, and will include familiarization with the operation

manual (or similar) if published by the sUAS manufacturer. Training will also

include types of maneuvers to be performed and the safe operation in relation to

persons, property and applicable airspace.

17.The sUAS PIC will establish a working relationship with a representative at the

local FSDO with which to annually review safety procedures and other operations

to further enhance safety.

Attached please find a letter from the City of SeaTac, requesting a sUAS operation that

will document a current highway project. This operation serves as an excellent example

of the benefits of using a sUAS, it represents an enhancement in safety as well as

benefiting the public interest. lt is respectfully requested that the FAA grant an

exemption as soon as possible to enable the City of SeaTac's project to be documented.

It is the applicant's belief that the size, speed, operating environment, limitations and

level of applicant's experience in the NAS outlined provides an "equivalent level of

safety" or better when operating a sUAS for the public interest as outlined in Section 333

in the FAA Modernization and Reform Act of 2012. lt is requested that the FAA issue an

exemption to permit safe, legal, commercial sUAS operation by the applicant as soon as

possible.

HHtutk

Likeonatree Aerial

P.O. Box 16492

Seattle, WA 98116

206-227-5406
Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Slugwear, lnc, dba Likeonatree Aerial, requests an exemption from the following

regulations as well as any additional regulations that may technically apply to the

operation of sUAS's:

14 CFR Part21, Subpart H: Ainrorthiness Certificates

This part establishes the procedures for the issuance of an ainryorthiness certificate.

While the FAA continues to work to develop airworthiness standards for UAS, we

request an experimental certificate be issued for the sUAS's operated by the applicant

under either or both of the following provisions:

21 .191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and developmenf. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses for

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including flights to

show compliance for issuance of type and supplemental type certificates, flights to

substantiate major design changes, and flights to show compliance with the function and

reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational

requirements. Combined with the fact that any aircraft operated would be light weight

and is constructed primarily out of foam or plastic, we propose that a sUAS will be at

least as safe, if not safer, than a conventionally certificated aircraft performing the same

function.

lf an experimental airworthiness certificate is not appropriate for this application, then we

request an exemption of 14 CFR Part21, Subpart H, and the requirement for an

airworthiness certificate in general, citing the equivalent level of safety outlined in the

previous paragraph.

14 CFR 91.203(a) & (b) Givilaircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at

the cabin or cockpit entrance so that it is legible to passengers or crew." A sUAS is too

small to carry documentation, does not have an entrance, and is not capable of carrying

passengers or crew. To obtain an equivalent level of safety and meet the intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will

be co-located with the crew at the ground control station and available for inspection

upon request. ln order to identify the aircraft, we propose the use of the sUAS' unique

manufacturers serial number, and a contact telephone number be mounted on the sUAS

on a placard of reasonable size in relation to the sUAS. ln the event that a unique

manufacturers serial number is not available, the previously mentioned placard will be

affixed to the sUAS consisting of the model name and number of the sUAS, as well as a

4
contact telephone number.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft must display

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the

cabin, cockpit, or pilot station. A sUAS does not have an entrance in which the word

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to

it by the FAA. We propose to achieve an equivalent level of safety by including the word

"EXPERIMENTAL" on the top or side of the aircrafi, in the form of a placard. The label

will be of a size that will not ovenrhelm the aircraft, but will be reasonably readable to

someone near the sUAS. The placard outlined in the previous paragraph will provide

sufficient identiflably should someone discover the aircraft on the ground.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current,

approved flight manual is in the aircraft. The intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. We

request an exemption to this requirement since the sUAS cannot carry such a manual,

and if the sUAS did carry such manual, it would be unavailable to the crew for review.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a

current, sUAS operation manual or equivalent be available the crew at the ground

station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight

tests

The regulation provides that "No person may operate a civil aircraft that is being used for

flight instruction unless that aircraft has fully functioning dual controls." The controls for a

sUAS do not currently have a set of fully functioning dual controls. lf a sUAS pilot is

being trained, the pilot performing the training would be directly supervising and could

take over the controls from the pilot in training if the need arose. This would be similar to

the technique of a "throw-over type" control wheel in some fixed wing aircraft. We feel

that this technique meets the intent 91 .109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the

typical mission of this sUAS would be photography or survey of persons, vessels,

vehicles or structures it would be necessary to operate closer than 500 feet to the items

listed. Operations will only be flown over property or persons where permission has

been obtained, and careful pre-planning has been performed. Further, sUAS aircraft

operate at a very slow airspeed, and a low mass, and do not need as much space to

operate safely, as outlined in 91.119. We believe the slower speed, smaller mass and

careful pre-planning would provide an equivalent level of safety.

14 CFR 9l.l21Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 nautical miles of the aircraft. The sUAS will

normally be flying close to the ground, and in line of sight of the PIC or an observer.

This line of sight operation will provide separation from other aircraft, obstructions and
terrain, and would override the use of an altimeter for such a purpose. We feel that this

will provide an equivalent level of safety.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to

fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a

reasonable reserve of energy to plan for a safe landing should there be a delay in

landing. The close proximity to the ground station, the ability for both rotorcraft and

small fixed wing aircraft to land in a very small space and the built in energy level

monitoring of the sUAS we feel provide an equivalent level of safety if the flight is

planned to be completed with 2oo/o battery energy remaining. We request an exemption

to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401 -91.4171- Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs

91.407 and 91.409 require that the aircraft be "approved for return to service by a person

authorized under 43.7" after maintenance and inspection. lt is our intention that the PIC

perform maintenance and inspection of the aircraft and "be authorized to approve the

aircraft for return to seryice."

Prior to every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy

condition. Any general maintenance procedures or replacement of consumable items

outlined by the sUAS manufacturer, if applicable, will be complied with by the PlC. ln no

circumstance will a sUAS be operated in a condition that is deemed, or suspected to be,

unsafe. lf such a determination is reached, and the problem cannot be remedied to the

satisfaction of the PlC, the sUAS will not be operated until consulting with the

manufacturer or one of it's authorized dealers to complete necessary repairs. We feel

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an

equivalent level of safety.

8900.227 Paragraph 16(cXa) PIG Medical. and Paragraph 16(eX1) Observer

Medical.

This policy provides that both the PIC and observer must have a valid FAA second-class

medical certificate issued under part 67 in order to perform as a pilot or observer.

Requiring the crew to meet the same medical requirements as a commercial pilot

carrying passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements be vision corrected to 2012O and a

valid, state-issued driver's license. The risk of both the PIC and observer becoming

incapacitated at the same time and suddenly is very low. Further, since the sUAS is

operating close to the ground, it could be brought in for landing in a very short time if

incapacitation was suspected. Finally, most sUAS's are equipped with an automatic

return to home feature which would provide a final level of safety. We feel this would

provide an equivalent level of safety.
4800 South 1 88s Street

SeaTac, WA 98188-8605

CityHall: 206.973.4800

Fax: 206.973.4809

TDD: 206.973.4808

Mayor

Mia Gregerson

Deputy Mayor

Tony Anderson

Gouncilmembers

Barry Ladenburg

Kathryn Campbell

Terry Anderson

Dave Bush

Pam Fernald

City Manager

Todd Cutts

Assistant City Manager

Gwen Voelpel

City Attorney

Mary Mirante Bartolo

City Clerk

Kristina Gregg

Iuly 28,2014

D. Douglas Branch

Slugwear, Inc.

dba Likeonatree Aerial

PO Box 16492

Seattle WA 981 l6

Re: Video for Connecting2S'hl24b Ave S Project

Dear Doug,

As you and I discussed, SeaTac is the lead agency for a significant road construction project known as

"Connecting 286124'h Ave S". This project will connect an arterial road, as the name implies, located

between S 200th St and S 208th St in SeaTac. This connection will complete the principal arterial route

on 28'h and24'h Ave S in the cities of Des Moines and SeaTac from S 2l6th St to S 188th St. The

corurected corridor will provide a north-south alternative to congested State Route 99, open access to

undeveloped properties for economic development and improve circulation around the new light rail

station at S 200th St and 28th Ave S. At a total cost of over $25 million, it is the largest project the City

of SeaTac has undertaken in its twenty four year history. Construction is expected to begin in about a

year and the new road opened in early 2017 .

There is a public interest to educate and inform the public of this $25 million dollar public investment

and to promote the need for transportation funding. In order to get our message out and be

distinguishable, we need to explore alternatives to simple narratives. A short video will help achieve

our objectives to educate, inform and promote which are all in the public interest.

The project currently is at a stage to generate some really captivating images. A recently completed

milestone involved stockpiling high quality excavated soils generated from work at the airport. The

stockpiles are quite impressive in that they contain enough material to fill about 67 Olympic sized

swimming pools. Options of helicopter and fixed-wing aircraft to photograph from above the stockpiles

were briefly considered but not pursued due to concerns ofsafety, proximity to the airport and expense.

We have a fantastic opportunity here to utilize Small Unmanned Aircraft Systems (uAUSs) to fly just

above the stockpiles and along the new road alignment. The captured images would be used to create

an informative video that will play an instrumental role in explaining the project and promoting further

transportation funding and therefore be beneficial to the City of SeaTac and the public.

In order to be of the highest quality and be most beneficial, the video flight should occur soon during

good weather. Also, the sooner the video is produced, the more the public benefit can be maximized.

Should anyone need additional information, I can be reached at 206-973-4741 or tsut(4ci.seatac.wa.us.

Best Regards,

Var.arzry-r

Tom Gut, PE

Public Works Director

Attachment: VicinityMap

Cc: Gwen Voelpel, Assistant City Manager

Florendo Cabudol, PE, Connecting2Sthl24'h Ave S Project Manager
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Date PrepaFd: Feb 27, 2014

Prepared by the City of SeaTac GlS. All rights

reserved. This product has besn compiled from

the bsst available data. No w€ranty is oxpressed

or implied as to accuracl, @mpleteness, or

for any specific use. Not to be used for purposas :-

of legal description or definition. Not a substitute '

for a proiessional suruey.