May 5, 2015

U.S. Department of Transportation, Docket Operation s West Building Ground Floor, Room W12-140 1200 New Jersey Ave SE Washington, DC 20590

RE: EXEMPTION REQUEST SECTION 333 OF THE FAA REFOR M ACT

Dear Sir/Madam,

This petition is being submitted on our own behalf without legal counsel or consulting services.
Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Aeroworks Productions LLC, a Wiscon sin based limited liability company operating a Sma ll Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and surveys for various industries, hereby applies for an exemption from th e Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspac e regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 33 3.

The requested exemption would permit Aeroworks Prod uctions LLC to pursue its commercial interests in providing services to consumers interested in ae rial data capture using a small advanced sUAS in th e following areas:

• Infrastructure Inspections

• Real Estate Photography

• Agricultural Surveying and Data Collection

• sUAS Operator Training

• Product Demonstrations

• Research and Development

Aeroworks Productions LLC states that all sUAS flig hts that will occur over private or controlled acce ss property will do so with the property owner’s prior consent and knowledge and that only people who have consented or otherwise have agreed to be in th e area where photography and videography will take place will be captured.Additionally, Aeroworks Productions LLC pilots hold FAA Commercial and Private Pilot Licenses with

Class II and Class III Medical Certificates and if observers are not qualified pilots, they will be tr ained by AWP pilots to understand the proper roles of an obs erver, communication procedures, proper visual scan techniques, operations at non-towered airports , and appropriate sections of the Aeronautical
Information Manual.

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) and (b) 14 C.F.R. 91.205(b)

14 C.F.R. 91.215 14 C.F.R. (91.401 – 91.417)

Unmanned Aircraft System

sUAS are a feasible method to obtain high quality i magery and data that can be used independently - or in the case of surveying and modeling, can be combi ned to produce precision digital point clouds, triangle models, and contour maps of the surveyed a rea. Applications for these sUAS include inspectio n of sensitive infrastructure including oil and gas p ipelines and flare stacks, power lines and towers, wind turbines, and surveying tasks such as precision agr iculture, mining, transportation, and forestry. Use of the proposed sUAS for these inspection and surveyin g applications reduces the need to operate conventional aircraft, providing data more quickly, accurately, economically, safely, and with reduced environmental impact.

We are petitioning for exemption to enable Aerowork s Productions LLC to operate an Aeryon Labs Sky Ranger multi-rotor equipped with EO/IR and HD Zoom camera payloads, a DJI Inspire 1 multi-rotor equipped with a three-axis gimbaled camera, a Zero- Tech High One quadcopter with 3 axis stabilized camera gimbal and a 3D Robotics AERO fixed wing sUA S equipped with a fixed position multi-spectral camera. These sUAS all weigh less than 25 lbs; hav e a built-in capability to limit the height it flie s above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Clas s B, C and D airspace including a no fly zone feature. Ea ch system also has the failsafe function of the autopilot system, which means when the communicatio n between the Main Controller and the transmitter is lost; the system will automatically trigger Return to Home and will land safely.

The above specifications meet standards listed belo w, some derived in accordance with Model Aircraft Operating Standards:• The petitioner will only operate its sUAS in line o f sight of a pilot and/or observer and will

operate at sites that are a ‘sufficient distance’ f rom populated areas within the sterile area described in the operator’s manual. Such operation s will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.”

• When flying sUAS within 3 miles of an airport, airp ort operators will be notified and the operator will give the right of way to avoid flying in the proximity of full-scale aircraft.

• Maximum flight time for each operational flight wil l be 60 minutes.

• Flights will be terminated at 25% battery power res erve should that occur prior to the 60 minute
limit.

• The sUAS will be programmed so that it will not be operated at an altitude of no more than 500 feet AGL, and not more than 200 feet above an eleva ted platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS PIC’s (Pilot in Command) will be an FAA li censed airman holding a FAA Private Pilot or
Commercial Certificate and second Class FAA Medical Certificate.

• The sUAS operated by the petitioner weighs less tha n 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 85 knots.

• Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform A ct’s safety requirements.

Additionally, the fact that the Aeroworks Productio ns LLC pilots hold FAA Pilot certificates demonstra tes that they have a high regard to safe operations wit h an understanding of FARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards.

Under the requested exemption, Aeroworks Production s LLC ensures that all operators have completed a small unmanned aircraft systems (UAS) education a nd training program including all applicable regulations and guidance documents; including aeron autical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications and Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decisionmaking and Safe Operating Procedures.

Aeroworks Productions LLC at all times will respect the space and privacy of citizens and property whi le keeping our skies safe. We respectfully request, w ithout delay, an exemption under Section 333 to enable Aeroworks Productions LLC to operate safe, l ow-risk commercial sUAV operations for the
activities stated.

Sincerely,

Adam S. Andrews Director of Operations Aeroworks Productions, LLC

7740 29 th Ave Kenosha, WI 53143

262-455-5135EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Aeroworks Productions, LLC. requests an exemption f rom the following regulations as well as any additional regulations that may technically apply t o the operation of the sUAS System:

**14 CFR Part 21, Airworthiness Certificates** This part establishes the procedures for the issua nce of an airworthiness certificate. While the FAA continues to work to develop airworthiness standard s for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Insp ire 1, Aeryon Labs Sky Ranger, Zero-Tech High One
and 3D Robotics AERO sUAS under either or both of t he following provisions:

**21.191 Experimental certificates** Experimental certificates are issued for the follo wing purposes:

**(a) Research and development** Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating tech niques, or new uses for aircraft. **(b) Showing compliance with regulations** Conducting flight tests and other operations to show compliance with the airworthiness regulations inclu ding flights to show compliance for issuance of typ e and supplemental type certificates, flights to subs tantiate major design changes, and flights to show compliance with the function and reliability requir ements 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 exp erimental certificate would permit our commercial purpose as well. The aircraft will not carry person s or property, will not carry fuel, and will only f ly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, tha n a conventionally certificated aircraft performing th e same mission. If an experimental airworthiness certificate is not appropriate for this application , then we request an exemption of 14 CFR Part 21, S ub part H, and the requirement for an airworthiness ce rtificate in general, citing the equivalent level o f safety outlined in the previous paragraph.

**14 CFR 45.23 Display of marks; general and 45.29 Si ze 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 a ircraft must display the word “EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS does
not have an entrance in which the word "EXPERIMENTA L" can be placed, and may not have a registration number assigned to it by the FAA. We p ropose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircr aft while it is preparing for launch will be able t o see the designation. Additionally, we feel that the permane nt placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contain s the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraf t will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes th e aircraft and chooses to investigate its point of origin.**14 CFR 61.113 Private pilot privileges and limitati ons: Pilot in Command and 61.133** 

**Commercial pilot privileges and limitations** The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Comm and of an aircraft for compensation or hire. Subparagra ph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any busin ess or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations r equire that the PIC must hold at least a Private Pi lot Certificate issued by the FAA and since the aircraf t cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even tho ugh the intent of this application is to conduct a
business.

**14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate**  As no such certificate will be applicable in the fo rm contemplated by the FARs, this Regulation is inapplicable.

**14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements**  This regulation provides that no person may operat e an aircraft unless a current, approved flight
manual is in the aircraft. We assume that the inten t of this requirement is to ensure that flight manu al information is available to the aircrew while opera ting the aircraft. We request an exemption to this requirement since the aircraft is not only too smal l to carry documentation; the documentation would not be available to the crew during flight operatio ns. To obtain an equivalent level of safety and me et the intent of 91.9, we propose that a current, appr oved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

**14 CFR 91.109 Flight Instruction; Simulated instru ment flight and certain flight**  **tests** The regulation states that "No person may operate a civil aircraft that is being used for flight instr uction unless that aircraft has fully functioning dual con trols." The sUAS System ground-based control statio n consists of a small hand-held radio transmitter and while it does not offer a second set of "controls"

, both the student and instructor can, and will, oper ate the single set of controls simultaneously. With both student and instructor having "hands-on" the c ontrols during flight, 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 states that over sparsely populat ed areas the aircraft cannot be operated closer than 5 00 feet to any person, vessel, vehicle, or structur e. Since the typical mission of the sUAS would be phot ography 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-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons o r property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard t o persons, vehicles and structures is minimal compared to manned aircraft, which should be consid ered in granting the exemption.

**14 CFR 91.121 Altimeter settings** The regulation requires that aircraft shall maint ain cruising altitudes by reference to an altimeter setting available with in 100 NM of the aircraft. The sUAS will always fly
below 500 feet AGL and will not need to maintain cr uising altitudes in order to prevent conflict with
other aircraft. An Above Ground Level altimeter mea surement above the takeoff point is transmitted via radio from the sUAS on-board computer to the displa y screen held by the PIC, providing a constantly updated AGL readout.**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 poi nt of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph i s to provide an energy reserve as a safety buffer f or delays to landing. The sUAS are battery operated an d the maximum duration of flight from a single battery charge is 12-45 (depending on which sUAS) m inutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intend ed landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpret ation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery re serve after that.

**14 CFR 91.203(a) & (b) Civil aircraft: Certificati ons required**  The regulation provides that an airworthiness certi ficate, with the registration number assigned to th e aircraft and a registration certificate must be abo ard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "dis played at the cabin or cockpit entrance so that it is legible to passengers or crew." With our largest ve hicle, the 3D Robotics AERO, at a maximum gross weight of 13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obta in an equivalent level of safety and meet the inten t of 91.203, we propose that documents deemed appropr iate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. In orde r to identify the aircraft, we propose that the infor mation found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information p lus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

**14 CFR Subpart E (91.401- 91.417) - Maintenance, Pr eventive Maintenance, Alterations**  The regulation provides that the operator is primar ily 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 servic e by a person authorized under 43.7" after maintenance and inspection. It is our intention tha t the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that t he aircraft is in an airworthy condition prior to ever y flight and in addition, conduct detailed inspecti ons after every two hours of flight. Maintenance perfor med by the PIC is limited to repairing small cracks

, replacing a propeller, checking electrical connecti ons and updating software and firmware for the onboard computer. All other maintenance will be perfo rmed by the manufacturer or their designated repair facility. The PIC will document work perform ed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircr aft, the PIC can ensure an equivalent level of safe ty.