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March 2, 2016 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Sectio n 333 of the FAA Reform Act of 2012

The name and address of the applicant is:

Mr. Thomas W Range II 40 Chemung Rd. Meredith, NH 03253 PH: 603

- 707

- 2272 Email: tra3dc@aol.com

Air

- Terra 3D LLC.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Thomas W Range II, Robert Quint and Joshua Poitras primary owners combine to form Air

- Terra 3D LLC. , a planning, survey, photography, and engine ering inspection consultation entity

, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs'') to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS" ) for aerial imaging for safety, inspection, and monito ring of commercial and residential structures, utility and transportation infrastructure, including highways, bridges, airports and construction sites, so long as such operations are conducted within and under the conditions outlined herein or as may be es tablished by the FAA as required by Section 333.

The sUAS platform s to be used are as follows: Lockheed Martin Procerus Technologies Indago

, Sentera Phoenix, DJI Phantom 3, DJI Phantom 4, DJI Inspire, DJI Matrice 100 , DJI spreading wings S900, DJI Speading wings S1000, Sensefly eBee, Top con Falcon 8, Pulse Aerospace Vapor 35

, Pulse Aerospace Vapor 55, Topcon MaVinci Sirius
, Trimble UX

- 5 , Trimble UX5HP

Description of Proposed Operations

The requested exemption would permit commercial operations by Air

- Terra 3D LLC.
, specifically to get compensated for providing precision aerial inspections or surveys that consist of still photographs or video taken by an onboard camera. Operations and applications we seek for this sUAS and associated data processing functions include aerial photography, mapping, structural insp ections, real estate marketing, vegetation and airport aerial approach obstruction surveys and other flight operations that could be performed safely and more cost effectively with the use of sUAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Use of sUAS for these operations reduces the need to operate conventional aircraft or other equipment for2

the same purpose and provides very high quality imagery at a fraction of the cost of the same operations using conven tional means. Likewise, inspections of structures can be safely performed without endangering the inspector or inhibiting local industrial or public operations with ladders, lifts or other equipment. These savings result in enhanced efficiency and produc tivity for the affected activities, as well as environmental benefits and potential savings in both cost and hazards to the public.

The use of sUAS during a transportation or utility infrastructure inspection can significantly reduce the risk to workers o f falls while inspecting, surveying or monitoring site progress. Aeronautical surveys of airport imaginary surfaces can quickly assist the owner in determining obstruction impacts and the need to mitigate or confirm that mitigation of those obstructions ( lowering or lighting) is effective. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection .

The P ilot in Command (PIC) and chief flight coordinator of Air

- Terra 3D LLC. Is a recently retir ed Army Aviator with more than 5000 flight hours and holds Commercial Instrument Pilot Certificates (2316845) for both Rotorcraft Helicopter as well as Single and Multiengine Airplane. Throughout his 35 year Army Aviation career the PIC accumulated a vast knowledge of the National Airspace System flying primarily in the busy Northeast Corridor. Qualifications include, but are not limited to UH

- 1 Instructor Pilot, UH

- 1 Maintenance Test Flight Pilot and Evaluator, UH

- 60 Maintenance Test Pilot and Evaluator an d C

- 12 Pilot.

The proposed sUAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions, within visual line

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- sight ("VLOS") of the operator, and will occur at least 5 miles away from an airport, except and unless NOTAMS have been filed and approvals received from the Airport Manager, local Flight Standards District Office, (FSDO) and applicable Air Traffic Control Tower

. (ATCT) . Additional certificates of authorization will be applied for, when applicable, to facilitate airport ob struction identification.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a structure, airport or construction site. Our sUAS use rechargeable lithium ion batteries, as op posed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

Regulations from which exemption is requested:

14 C.F.R. Part 21 Subpart or H

- Airworthiness Certificates 14 C.F.R. 45.23

- Display of marks; general 14 C.F.R. 91.7 (a)

– Civil Aircraft Airworthiness 14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 14 C.F.R. 91.9 (c)

– Marking of Aircraft 14 C.F.R. 91.103

– Preflight Actions 14 C.F.R. 91.109

– Flight instruction 14 C.F.R. 91.119

– Minimum safe altitudes: General 14 C.F.R. 91.121

– Altimeter settings 14 C.F.R. 91.151

– Fuel requirements for flights in Visual Flight Rules (VFR) conditions 14 C.F.R. 91.203 (a)(1)

– Civil aircraft: certification required 14 C.F.R. 91.405

– Maintena nce required 14 C.F.R. 91.407

– Operation after maintenance, preventative maintenance, rebuilding, & alteration3

14 C.F.R. 91.409

– Inspections 14 C.F.R. 91.417

– Maintenance records

1. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a) (1)

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural require ments for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (typically less than 6 lbs., and always less than 55 lbs.) and the limited operating area associated with its utilization, it is unnecess ary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The F ederal Aviation Act 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 airports and popu lated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft ( fixed wing or rotorcraft) with an airworthiness certificate. The sUAS weighs less than 6 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre

- disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly contro lled and monitored by both the operator, and by local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of fla mmable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The sUAS provides at least an equivalent, and most likely exceeds, level of safety to that of such operations being co nducted with conventional aircraft that would be substantially larger and would be carrying passengers, cargo, and flammable fuel.

2. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft, marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) 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.

Regulation 91.9(c) provides: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. Official marking systems for sUAS4

have not yet been established for operations inside the NAS. Air

- Terra 3D is prepared to mark the sUAS with the nam e of the organization and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS will see the identification of the sUAS. The FAA has issued the fol lowing exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A and 10700.

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. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a ci vil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the previou s COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring compliance with the given sUAS manuals and use of safety checklists prior to each flight.

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. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91 .9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation 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 ava ilable in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Given the size of sUAS, they have no ability or place to carry such a flight manual on the aircra ft, 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 achieved by keeping the flight manual at the ground control point where the PIC flying the sUAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.103: Preflight action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the airc raft an exemption will be needed. An equivalent level of safety will be provided by following a comprehensive preflight checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and a ircraft performance data before initiation of flight.

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. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.109: Flight Instruction

Section 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (ex cept a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accompl ished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the size and speed of the sUAS that Air

- Terra 3D LLC. intends to use, an equivalent level of safe5

training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away in the event that the UAS experiences any dif ficulties during flight instruction. 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 Exemption Nos. 5778K & 9862A.

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. Air

- Terra 3 D LLC. seeks exemption from the requirements of 14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to 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 survey, mapping and inspection work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, wei ght, speed, and material with which sUAS are built. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flight s. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft op erating at or below 500 feet AGL. Indeed, the low

- altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

8. Air

- Terra 3D LLC. seeks exemptio n from the requirements of 14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. Some sUAS have a barometric pressure sensor, whi le others only use GPS for elevation or altitude. When a barometric pressure sensor is on the sUAS, it is typically “zeroed” at the point of take

- off; this is right next to the PIC and not at a departure airport. The altitude reading will be relative to th at point (on the ground) and not a known elevation.

The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of the launch site. The altitude of the sUAS will also be displayed via telemetry on the Ground Station and will be constantly monitored by the PIC during the entire flight operation.

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. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beg inning “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 fo r at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The different sUAS batteries provide a variety of powered flight times. An exemption from §14 CFR 91.151 is therefore required.6

The applicant believes that an exemption f rom 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not prompt the t ype of risks that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. In the unlikely event that the battery on the sUAS should run o ut, it would simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation.

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of reserve battery, which wo uld be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808.

10. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows : (a) ... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness certifica te. (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 §91.715 is displayed at the cabin or cockpit entrance so that it is legible to pas sengers

or crew.
The sUAS fully loaded typically weighs less than 6 lbs., and always less than 55 lbs. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. In addition, there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the PIC flying the sUAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A re presentative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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. Air

- Terra 3D LLC. seeks exemption from the requirements of 14 CFR § 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Mainte nance Inspections

Section 91.405(a) requires 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, have d iscrepancies repaired as prescribed in part 43 of this chapter ...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

The sUAS are nearly maintenance free, they perform automatic pre

- flight checks and the failure of any check will prevent takeoff

. Checks that cannot be done by the system will be performed by a qualified person prior to each flight and at predefined inter vals as part of a maintenance schedule.

Pre

- flight checklist includes: 1. Visual inspection of the airframe 2. Visual inspections of rotor7

integrity 3. Check charge of all batteries (aerial vehicle, command station, radio repeater station)

Safety

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devi c e. The operator of the sUAS will ensure that it is in w orking order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy

co ndition and to ensure an equivalent level of safety.

If mechanical issues arise, the sUAS can land immediately due to the pre

- determined area of operation. Moreover, the sUAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk than the same factors associated with conventional fixed

- wing aircraft and rotorcraft performing the same operation.

Public Interest

Approval of this exemption for commercial operations will enhance safety by reducing risk. Use of the sUAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircra ft that weigh in excess of 6,000 lbs., carrying a crew and flammable fuel. Such aircraft must fly to and from the project location. In contrast, a sUAS weighing less than 6 lbs. and powered by batteries, eliminates virtually all of that risk given the re duced mass and lack of combustible fuel carried on board. The sUAS is carried to the target area and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

In regar ds to performing inspections of various structures, and airport approach surfaces the sUAS will minimize the risk to persons attempting to climb these structures and photograph problem

areas. It will provide a way for companies to have their engineers rev iew photographs and provide additional safety to the general public in regard to structure failure or airport obstruction identification t hat are hard to determine by ground based survey methods and expensive to accurately identify via manned aircraft overflights. The sUAS will allow for an easier and safer
assessment.

Given the small size of the sUAS involved and the restricted environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained 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, the grant of the requested exemptions is in the public interest.

Conclusion

Air

- Terra 3D LLC. respectfully requests that the FAA grant the requested exemption and is prepared to modify or am end any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. If additional information or clarification is8

needed, please feel free to contact us

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Respectfully Submitted,

Thomas W. R ange II

COO \ Partner

Air

- Terra 3D LLC.