August 6, 2015

United States Department of Transportation Federal Avi ation Administration Docket Management System 1200 New Jers ey Avenue, N E Washington, DC 20590 Filed in www.regulations.gov

Re: Petition for Exemption of Sirius Enterprises LLC under Section 333 of the FAA Modernization and Reform Act, 49 U.S.C. 44701(£) , and 14 C.F

. R. Part 11 \

On behalf of Sirius Enterprises, LLC (" Sirius Enterprises "), we hereby seek an exemption from certain Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA Modernization and Reform Act ("Section 333"), Subsection 44701(f) of the Federal Aviation Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to allow Sirius Enterprises to operate the DJI Phantom 1 , DJI Phantom 2, DJI Phantom 3, DJI Inspire One, DJI S900, DJI S 1000 , and 3DR Solo, to provide:

• Aerial cinematography services

• Aerial sensor data collection

• Aerial survey, inspection, and photogrammetry

• Aerial communication services (Wi

- Fi hotspots, FM radio transmission, VHF

 repeater, cellular)

• News gathering services

• Airborne emergency services support (reconnaissance and communications Except in three respects, as exp lained below, Sirius Enterprises will comply with the same conditions and limitations as provided in numerous Section 333 exemptions granted rec ently

. Accordingly, we resp ectf ully ask the FAA to grant this petition in summary fashion, and obviate Federal Register publication and public comment. Sirius Enterprises is a Flowood Mississippi based, full service, aerial video production house that provides a comprehensive offering of marketing, documentation, and exp loratory services. Specializing in the utilization of Unmanned Aircraft Systems for capturing aerial photography and video , Sirius Enterprises delivers a diverse product offering which provides its clients with the very best in creative aerial and multimedia marketing tools by leveraging state

- of

-the

- art technologies in order to provide the aforementioned services at a fraction of traditional operating costs. This savings is at the heart of Sirius Enterprise s' mission focus, and the operation of UAS is integral to its relevance in the space described above. 

### The name of the applicant is Sirius Enterprises LLC. The primary contact is Mr. Jeffrey Couch, 713 Bay tree Dr Flowood, MS 39232 . Telephone is 601

- 506

- 3989

. His email is siriusenterprises@gmail.com

### Exemptions requested

14 C.P.R. Part 21 (airworthiness certification) 14 C.P.R. Part 27 (normal category rotorcraft) 14 C.P.R. 61.113 (a) and (b) (pilot certification and qualification) 14 C.P.R. 91 .7(a) (airworthiness) 14 C.P.R. 91.1 19(b) and (c) (minimum safe altitudes) 14 C

. P.R. 91.151(a) and (b) (fuel requirements in VPR conditions) 14 C

. P.R. 91.405 (a) and (b) (maintenance) 14 C.P.R. 91.407(a)(1) (approval for return to service) 14 C.P.R. 91.409(a) (annual and airworthiness certification inspection) 14 C.P .R. 91.417(a) and (b) (maintenance records) 

### Safety equivalence or no adverse effect on safety **Unmanned Aerial Vehicles and Systems** The DJI flight controller, the common control platform in the li sted devices , in addition to the 3DR Solo, has a number of teleological capabilities to demonstrate its airworthiness. In the event of a loss of GPS signal, the UAS will lock in its position and automatically go to ATTI mode and remain stable. Loss of connection to the remote control transmitter (or software navigation contro ller) causes the vehicle to immediately achieve a preset altitude, and then return to its home point and land in a controlled way.
All of the UASs intended for use contain a power storage monitoring system and fail

- safe modes to force controlled landing b efore the power supply drops below operational levels. Should there be a loss of power, the UAVs are designed to perform a vertical hard landing with propellers providing stabilizing resistance during descent.
If the UAV encounters an unexpecte d obstacle, the pilot will either divert the flight or maintain the UAV in a safe hover position away from the obstacle.
Given its small size, operational capabilities , and restricted area in which the UAS will operate, an exemption from Part 21 , Subpart H, Airworthiness Certificate s , and 14 C.P.R. 91.7(a) , is warranted, as Sirius Enterprises ' UAS satisfies the equivalent level of safety as compared with manned aircraft and meets the criteria in section 333. Operating the UAS without an airworthiness certificate in the restricted environment over vacant private property under the conditions proposed will b e safer than operating a manned helicopter operating with an airworthiness certificate and not subject to such conditions.
Each UA V (with payload) is less than 55 pounds carry no explosive materials or flammable liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UAS for the aerial operations. For the reasons outlined above, Sirius Enterprises also seeks an exemption from the certificationrequirements for normal category rotorcraft in Part 27.

In support of Sirius Enterprise s’ request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(l) , 91.409(a)(l) and (2) , and 91.417(a) and (b), Sirius Enterprises will adhere to the following inspection and maintenance program: Sirius Enterprises will inspect the UAS before and after each operation, as well as perform daily, weekly , monthly , and annual inspections , as set forth in its operations manual. Before each flight, the pilot in command will inspect the UAS to ensure it is in a safe condition for flight. The preflight inspection will account for any discrepancy, such as an inoperable component, item, or equipment. Sirius Enterprises will not initiate a flight if the inspection reveals a condition that adversely affects the safety of operations, and will not operate that UAS until it is found to be in a safe condition. Any UAS that has undergone maintenance or an alteration that affects the UAS ' s operation or flight characteristics will undergo a functional flight test before return to service. Sirius Enterprises will follow the manufacturer's UAS requirements relating to components, maintenance , overhaul, replacement, inspection and life limits. Sirius Enterprises will record all maintenance, alterations, and the functional flight test in the UAS logbook, including total flight hours , description of work accomplished, and the signature of the UAS technician who returned the UAS to service. 1 Sirius Enterprises ' UASs are equipped with an altimeter that provides the pilot with real

-time telemetry data in addition to a constant digital display of altitude, speed , and UAS proximity. Moreover, the UASs will be operated within the visual line of sight of the pilot in command and observer and below 400 feet AGL. In addition, the flight controllers are programmed not to allow the aircraft to exceed the 400 feet ceiling, even if the pilot command input is in

- conflict, or

1 Manufacturer and operating manuals will be provided separately. if communication with the remote control transmitter fails. Accordingly, Sirius Enterprises does not believe an exemption from 14 C.F .R. 91.121 is required. In support of Sirius Enterprise s' request for an exemption from fuel requirements in 14 C

. F.R

. 91.15l(a) and (b), we note that its UAS is battery

-powered and is operated for brief periods of time , within the battery capacity of the UAS. The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 GHz FCC

- approved ranges.
**UA V**  **and UAS Operator Qualifications and Training** In support of Ascend Aerials' request for an exemption from the pilot certification and qualifications requirements in 14 C.F.R. 61.113(a) and (a), Sirius Enterprises asserts that an equivalent level of safety is achieved by the UAS

- specific experience of its Pilots. Each Sirius Enterprise s' pilot, before conducting a commercial operation under the requested exemption, will have successfully comp leted an aeronautical knowledge test, performed at least 20 takeoffs and landings of the particular UAV, and flown the particular UAV for at least 10 hours. Sirius Enterprises recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement of a UAS operator to hold an airman certificate, relying on section 44711. Section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAS operator from any certification requirement. Section 333 instructs the FAA to consider whether to require airworthiness certificates, certificates of waiver, and certificates of authorization, "at a minimum." Thus, Congress vested FAA with discretion to waive certificate requirements other than an airworthiness certificate, including an airman and medicalcertificates.

Even if the pilot certification requirement is not waived, FAA has exemption authority under section 4470l(f) to exempt UAS operators from the particular requirements of Parts 61 and 67

- such as the requirement to conduct flight training on board an aircraft

- and develop airman certification requirements specifically designed for small UAS operations. Applying manned aircraft pilot certification requirements to small UASs is not necessary as a matter of safety, and does not make sense as a matter of public policy

. Sirius Enterprises believes that FAA ’s determination in the Astraeus Aerial and other exemptions that a commercial pilot certificate is not required for the operators of UASs for closed set filming , set forth below (emphasis added) , applies equally to the nature of its UAS operations : [T]he experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired 

### through VAS

-specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing. Sirius Enterprises believes this reasoning supports a UAV/UAS

- focused training and experience regimen that should obviate not only a commercial pilot certificate but also a private pilot certificate because any training will be focused on the particular skills of operating the particular small UAS and the particular nature of UAS operations. Sirius Enterprises notes that the FAA has proposed in its recent UAS Notice of Proposed Rulemaking that a small UAS operator would be required to successfully complete an aeronautical knowledge test, but would not be required to obtain a commercial or private pilot certificate. Also, medical certification would be obviated by a pilot's self

- c ertification before flight that the pilot is physically and mentally fit to operate the UAS. Accordingly, the FAA should grant appropriate exemption relief 

### and revise the standard term on P JC certification to permit Sirius Enterprises to use pilots who have successfully completed commercial UAS training and have also gainedflying experience using the aforementioned UAS's. In the event the FAA does not grant such relief , however, Sirius Enterprises will employ a suitably certificated private pilot. **UAV and UAS Operating Parameters** Sirius Enterprises will operate its UASs in full compliance with the applicable manufacturer manual. Sirius Enterprises' ty pical flight will be operated under 400 feet AGL and within 2 km of the operator. All flights will be conducted within the visual line of sight of the pilot in command, within no controlled airspace , with the consent of any property owner and/or developer. Although the UAS may be operated in a metropolitan area ; it will be controlled and monitored only by authorized personnel , and be flown below 400 feet AGL, except in rare occasions where a sponsoring agency or organization requires data from higher altitudes , or where the terrain below would require extreme maneuvers to comply with the altitude restriction. However, in such rare cases, appropriate pre

- flight site surveys would be undertaken (where possible) to minimize any risk of collision or any negative impact with any aircraft operations in that airspace, and in any event all such operations would be within the visual line of sight of the operator. For any operations over 400 feet AGL, Sirius Enterprises will coordinate with Air Traffic Control and obtain a Certificate of Authorization if required

. Thus , these rare and brief operations at analtitude over 400 feet AGL will pose no risk to manned aircraft. Accordingly, Sirius Enterprises'



### requests that the standard term on altitude be revised to permit Sirius Enterprises to operate its UASs higher than 400.feet A GL when authorized by Air Traffic Control

. Sirius Enterprises will also notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five miles of an airport. Sirius Enterprises will conduct a briefing before each day's operations, which all personnel participating in the operations must attend. Sirius Enterprises will obtain written consent of any person who will be participating in the operations or otherwise be on the private property where operations are to take place. Sirius Enterprises will provide notice to any adjacent buildings or structures. Sirius Enterprises will limit its operations to daytime Visual Flight Rules ( " VFR"). Sirius Enterprises seeks an exemption from the requirement in 14 C.F.R. 91.119 , subsection (b), that an aircraft must remain at least 1 , 000 feet above any congested area or open air assembly of persons, and subsection (c) , that an aircraft must remain at least 500 feet above any person or structure in an area other than populated or congested, and not closer than 500 feet to any person, vehicle , or structure. These requirements were adopted with fixed

-wing, manned aircraft operations in mind. While Sirius Enterprises may operate its UASs in a metropolitan area, the operations will be carefully pre

-planned to minimize risk to persons or property, avoid intrusion into unauthorized airspace, and avoid a public annoyance. Its UASs will not be operated 

### over a highly

- congested area or open air assembly of persons. Sirius Enterprises will make every reasonable effort to ensure that no unauthorized person will be on the land over which the UASs will be operated , and will provide notice to adjacent buildings and furnish proctors as may be necessary to ensure that unauthorized persons do not come within the narrow paran1eters in which the UASs will be operated. Combined with the technological capabilities of the UASs and that the UASs will be operated within the visual line of sight of the pilot and an observer, Sirius Enterprises submits that its operational limitations provides an equivalent level of safety to that provided in section 91.119

. For news gathering operations as well as for emergency services support, 

### Sirius Enterprises seeks a revision to standard term and condition 27 , which provides that " All operations shall be conducted over private or controlled

- access property with permission from the property owner /c ontroller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted." For news gathering and emergency services support operations , it would be impractical to require advance notice and approval from private property owners. Precautions outline above will be taken by Ascend Aerials to minimize any risk to persons on the ground.
**Public interest** Sirius Enterprise s' UAS operations will substantially benefit public and private organizations which have an interest in gathering critical information

- atmospheric , situational , etc.

- to support their operations. Depending on the use

- case, these scenarios may include:
• aerial cinematography or photography (in support of government, commercial , or nonprofit organizations) , • the gathering of sensor data to document to provide real

-time awareness of potential radiological or biohazards present in an operational area, • traffic or construction monitoring , • ecological, agricultural, or land management surveying ,• infrastructure surveying, inspection, and improvement

• area- specific communications (specifically FM radio , Wi

- Fi , and cellular

- in accordance with existing FCC guidance). Additionally, news - gathering organizations that would normally utilize fixed cameras, mobile ground camera crews, or manned aircraft in support of their news operations , would be able to receive transmitted video via Ascend Aerials' UAS's without risking aircrews during potentially hazardous situations , while al so minimizing intrusion into the airspace above the situation of interest. Operating UASs under the limitations proposed by Sirius Enterprises will avoid any risk of harm to pilots as well as persons and people on the ground that would be present during the operation of manned helicopters

. UAS operations will also require a much smaller energy footprint than with manned helicopters. 

### Operations limited to the United States Under the requested exemption, Sirius Enterprises will operate its UASs within the United States, including over the territorial waters of the United States , and over the high seas provided it will remain within the U.S.

- controlled Flight Information Region. 

### Summary for Federal Register Should the FAA determine that publication of a summary is required, Sirius Enterprises submits the following summary to be included in the Federal Register: Sirius Enterprises seeks an exemption to operate the DJI Phantom 1 , DJI Phantom 2 , DJI Phantom 3, DJI Inspire One , DJI S900 , DJI SlOOO, and 3DR Solo unmanned aircraft systems to perform commercial and emergency services

.
Sincerely ,

Jeffrey Couch