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Justin S Schneider Aerial Indigo, LLC 2543 E 50th Ave Anchorage, AK 99 507 (907) 306

- 4659 justin@aerialindigo.com
April 2 7 , 2015
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Request for Exemption Per PL 112

- 95 §333 from 14CFR 21 Part H, 14CFR 61.3, 14CFR 61.113, 14CFR 91.11 9, 14CFR 91.121, 14CFR 91.151 , 14CFR 91.405, 14CFR 91.407 , 14CFR 91.409, 14CFR 91.417

Please consider this a request for an exemption of the above applicable sections of 14 CFR for Aerial Indigo, LLC (hereafter ‘ Aerial Indigo ’) for the purpose of conducting commercial aerial survey and photography operations with its small Unmanned Aircraft System (sUAS) within United States airspace. The employment of sUAS platforms for these missions should provide the FAA with good cause to find that these operations enhance safety by eliminating the need to use conventional aircraft in the sometimes uniq ue environments where a small Unmanned Aerial Vehicle (sUAV) would be particularly adept, but a conventional aircraft may pose a hazard to its crew and those on the ground.

Aerial Indigo requests exemption from the following applicable regulations, pursu ant to the Administrator’s authority to grant exemptions contained in 49 U.S.C. §106(f), 40113, and 44701:
14 CFR 21 Part H 14 CFR 61.3 14 CFR 61.113, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151 , 14 CFR 91.405, 14 CFR 91.407, 14 CFR 91.409, 14 CFR 91.4172 | Page

AIRCRAFT Aerial Indigo will operate variations of the 3D Robotics X8+, and the 3D Robotics Solo. These are commercially available, off

-the

- shelf UAS. These UAS will weigh no more than 7.5 pounds and will operate no faster than 40 knots groundspeed. Th ey are agile, having the ability to hover, and move about its three axes simultaneously. Because of the sUAS ’s specifications and flight characteristics, it poses no threat to national security.

AIRWORTHINESS CERTIFICATION
The UAS operated by Aerial Ind igo will undergo an inspection prior to each flight to ensure airworthiness. Any damage or malfunction that poses a hazard to flight will be documented and corrected prior to operation. The UAS carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within visual line of site of the operator. Operations under this exemption will be tightly controlled and monitored by the operator. By nature of these conditions, this UAS provides a greater d egree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14CFR Part 21.

UAS PAYLOAD
Specific payload configurations will vary depending on the mission requirements. In general, the payload will include a camera and gimbal system, and may include other sensors necessary for the mission. The UAS will be operated in accordance with manufacturer specifications, not to exceed a total weight of 7.5 lbs. Every flight payload will be documented in the aircraft log. Without a manufacturer’s approved modification, the UAS will not be operated outside parameters set forth in the manufacturer’s handb ook.3 | Page

FUEL REQUIREMENTS (14 CFR 91.151 )
The sUAS is powered by a battery, which provides up to 30 minutes of powered flight. Because of the absence of flammable operating fluids, the sUAS does not pose the same level of risk as a conventional aircraft . All Aerial Indigo operators will terminate flights when remaining battery power level reaches 20%, or 30 minutes flight time is reached, whichever comes first after takeoff. Since no flights conducted by Aerial Indigo will require traditional petroleum based fuel, and those flights will be for less than 30 minutes, Aerial Indigo requests relief from 14CFR 91.151.

PREFLIGHT ACTION
Prior to each flight, the operator must conduct a pre

-flight inspection and determine the sUAS is in a safe condition for flight. The pre

-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the sUAS , the aircraft is prohibited from operating until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. After the pre

-flight inspection, the operator will conduct a pre

-flight safety briefing with the ob server and all other participants.

MAINTENANCE (14CFR 91.405, 14CFR 91.407, 14CFR 91.409, 14CFR 91.417) Aerial Indigo requests exemption from 14CFR 91.405, 14CFR 91.407, 14CFR 91.409, 14CFR 91.417. Aerial Indigo will conduct all maintenance on the sUAS in accordance with the flight operations manual, pilot operating handbook, and any guidance received from the manufacturer. Aerial Indigo will abide by all notices from the manufacturer governing the maintenance, preventive maintenance, and alteration s of the sUAS

. There is no certified FAA inspection process for sUAS’s, therefore all inspections will be conducted by Aerial Indigo associates in accordance with manufacturer’s guidelines. These inspections will be conducted and documented after any maintenance and before every flight. A functional flight test will be conducted after maintenance and before any flight for hire.4 | Page

UAS CONTROL
The control of the X8+ will be through a Radio Transmitter and Receiver provided by the manufacturer and o perating on frequency 915 Mhz. This frequency is FCC approved and provides more than adequate range for operations within line of sight of the operator. Control of the 3D Robotics SOLO will be through the dedicated Wi

- Fi link provided by the manufacturer. The UAS is also equipped with flight telemetry radios for semi

- autonomous operation using highly precise GPS data, while maintaining a constant link between the vehicle and the ground station. The semi

- autonomous mode is similar to a small manned aircraft operating with a 3 axis autopilot; operator input is still a function of the system. (Lost link procedures still apply)

CREW RESOURCE MANAGEMENT (CRM)

All Aerial Indigo flight crew members will actively practice CRM in accordance with FAA guidelines. Further guidance and details are covered in the Aerial Indigo training
program.

FLIGHT CREW (14CFR 21 Part H , 14CFR 61.3, 14CFR 61.113 ) All flight crew members will successfully complete the Aerial Indigo training program and operators will hold a valid driver's license or third class medical certificate

. The Aerial Indigo Operator will remain the individual in charge of each flight and will not transfer responsibility for operational control of the sUAS aircraft to any other person, unless the flight is specifically for training purposes and not for hire. Any flight for training purposes will include a visual observer that is fully qualified for that position. The Visual Observer will be trained in accordance with the Aerial Indigo training program and will possess a current valid driver’s license issued in the United States.5 | Page

Aerial Indigo requests an exemption from 14CFR 21 Part H until such a time that it has been established that the Aerial Indigo training program is capable of full compliance with the regulation (Number of successful graduates, certification of instructors, etc).

TRAINING AND CERTIFICATION (14 CFR 61.3 and 14CFR 61.113 ) All flight crew members will successfully complete the Aerial Indigo training program and operators will hold a valid driver's license or third class medical certificate. The Aerial Indigo training program has been developed referencing the curriculum already in place by the U.S. Department of Interior (DOI) for training th eir sUAV pilots. This curriculum is currently accepted by the FAA as valid for the initial qualification of sUAS operators as a replacement for a pilot license. The full Aerial Indigo training program is proprietary in nature and is available to the Admini strator upon request. Prior to operations for hire, the PIC must have accumulated and logged a minimum of 5 hours of total time as a sUAS pilot with similar sUAS type (fixed wing or rotary). The operator will demonstrate proficiency in flying the UAS saf ely in all modes and phases of flight prior to participating in any for

-hire missions.

OPERATIONS Aerial Indigo operations utilize a sUAS in a manner that provides services not offered by manned aircraft and enhances the level of safety beyond which can be accomplished by manned aircraft. Examples of the proposed aerial photography operations include general photography, real estate, insurance damage assessment, and incident/accident documentation. Most operations restrict the use of the sUAS to a small area typically encompassing a limited number of residential and commercial properties at a time. The structures on these properties provide sufficient p rotection from the sUAV, and photography can be completed with much less risk than what would be incurre d in a manned aircraft operation at low altitudes. Our intended film production operation would typically include both photography and videography for commercial purposes including wedding and corporate events. These events are restricted to only the invit ed participants and are closed to the general public, providing the opportunity to operate only in an area where informed, consenting participants and personnel are present. Aerial Indigo will be able to provide a level of safety equal to or greater than t he manned aircraft that would typically provide these services. Finally, our survey operation includes the orthomosaic mapping of agriculture, construction, and industrial sites utilizing our sUAS rotorcraft flying pre

- programmed grids that can be interrupted and returned to a safe landing zone by our operators at any time. Currently these operations are executed by manned aircraft carrying hundreds of pounds of fuel and equipment flying at low altitudes and speeds in excess of 75 miles per hour. Our
operation would greatly increase the level of safety, replacing manned aircraft with a sUAV weighing less than 7.5 pounds which carries no fuel, and restricted to speeds no greater than6 | Page

40 knots. These sites are areas that can readily be secured by Aerial Indig o personnel and will not provide any additional risk to the general public. The UAS will be operated continuously within the operator’s line of sight, so as not to create a hazard to users of the NAS or public. In general, t he UAS will be operated below 400 feet Above Ground Level (AGL). We intend to occasionally operate in the vicinity of airports. The UAS will be equipped with a Sagetech XPG

-TR transponder, which is a Mode S transponder with ADS

- B out capability. We will also have a ICOM IC

-A14 radio. During operations at uncontrolled airports, we will be broadcasting on the appropriate C TAF frequency and listening to transmissions of other aircraft, yielding right

- of

-way to other aircraft at all times. During operati ons near controlled airports, we will obtain permission from air traffic control (ATC ) prior to the operation . We will maintain two

-way communication with ATC at all times during the operation; complying with any and all ATC instructions, and able to abort the operation at any time at ATC request. During operations in controlled airspace, we request permission to operate above 400ft AGL with ATC permission.

Limitations The limitations and conditions that Aerial Indigo, LLC agrees to be bound to in clude: 1. The sUAS tak eoff weight will be less than 7.5 lbs. 2. The sUAS will be operated at less than 40 knots groundspeed. 3. Flights will be operated within unaided visual line of sight of an operator and observer. 4. The sUAS will never be operated directly over a person, and will remain at least 100 feet from all persons. 5. All flights will be conducted in daylight, Visual Flight Rules (VFR) conditions. 6. Except in controlled airspace and with ATC permission, f lights will be operated at an altitude of no more than 400 feet AGL. 7. Maximum total flight time for each operational flight will be 30 minutes. 8. Flights will be terminated at 20% battery power reserve should that occur prior to 30 minutes. 9. C rew for each operation will con sist of the UAS Operator, and may include one or

more Visual Observer s and a security coordinator.7 | Page

10. The sUAS operator will be a Aerial Indigo trained operator and will hold a valid driver's license or a FAA third class medical certificate. 11. A briefing will be conducted in regard to the planned sUAS operation prior to each flight. All Aerial Indigo personnel who will be participating in that flight shall be present for the preflight briefing. 12. When necessary, and at least 72 hours prior to flight, the operator will file FAA Form 7711

- 1, or its equivalent, with the appropriate Flight Standards District Office. 13. Observer and Operator will at all times be able to communicate by voice with each other. 14. Whe n necessary, permission from relevant property owner s will be obt ained. 15. If the sUAS suffers a ‘lost link’, the sUAS will perform the predetermined flight maneuver to land as soon as practical as outlined in the preflight briefing. 16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles

or e mergencies

. 17. All accidents and incidents shall be recorded in the aircraft log and reported in accordance with FAA directives.

Summary

Aerial Indigo intends to comply with every applicable regulation to the operation of the sUAS . Each request for exemption has been made with the understanding that Aerial Indigo is able to conduct operat ions that are at least as safe as or safer than those commercial operations that currently are conducted by manned aircraft. Aerial Indigo’s pro posed exemptions and operational limitations are very closely aligned with other exemptions already granted, and also with pending proposed 14 CFR §91.107, which is specific to the operation of ‘micro’ unmanned aircraft. The proposed 14 CFR §91.107 has bee n attached for reference.8 | Page

Although the sUAS is above the weight restrictions for the proposed rule, it is applicable in nearly every other instance. In the event that 14 CFR §91.107 becomes effective, Aerial Indigo will be submitting a request to operate within those guidelines with minor exemptions to be addressed at a later date.

I appreciate your assistance with this process, as I am aware of the massive undertaking that these exemption requests are. Please contact me at your convenience with any questions regarding this request.

Thank You,

Justin S Schneider Managing Member and Chief Operator

Aerial Indigo , llc

Attached: Proposed 14 CFR §91.107, per UAS America Fund, llc9 | Page UAS America Fund LLC

Micro Unmanned Aircraft
Proposed Part 107
**§107.1 Applicability.** This part prescribes rules governing the operation of micro unmanned aircraft in the United States. For purposes of this part, a micro unmanned aircraft means a device capable of sustaining its o wn powered flight in the air, that is operated without the possibility of direct human intervention from within or on the device, and that: a) Weighs 3 pounds or less gross takeoff weight, including power source and payload; b) Is powered by an electric battery or other non

- combustion power source; c) Is operated for a business, commercial, scientific, academic, research or other non

- recreational purpose; and is not a “model aircraft” subject to Public Law 112

- 95 § 336.

**§107.3 Waivers.** No person may conduct operations that require a deviation from this part except under a written waiver issued by the Administrator.
**§107.5 Careless or reckless operations**

. a) No person may operate a micro unmanned aircraft in a careless or reckless manner so as to endanger the life or property of another. b) No person may allow an object to be dropped from a micro unmanned vehicle if such action creates a hazard to other persons or property.
**§107.7 Certification, registration and other requirements.** c) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, micro unmanned aircraft and their component parts and equipment (including ground station or radio control systems) are not required to meet the airworthiness ce rtification standards specified for aircraft or to have certificates of airworthiness. d) Notwithstanding any other section pertaining to registration and marking of aircraft, micro unmanned aircraft are not required to be registered or to bear markings of an y type, except that the name, address, and telephone number of the owner or operator shall be affixed to at least two externally visible locations on the micro unmanned aircraft. e) Notwithstanding any other section, micro unmanned aircraft operated pursuant to this part are not subject to any other federal aviation regulation, including any provision of parts 21, 45, 47, 61, or 91.
**§107.9 Daylight operations.** a) No person may operate a micro unmanned aircraft except between the hours of sunrise and sunset. b) Notw ithstanding paragraph (a) of this section, micro unmanned aircraft may be operated during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset, or, in Alaska, during the period of civil twilight as defined in the Air Almanac, if:

1) The micro unmanned aircraft is equipped with an operating anti

- collision light visible for at least 3 statute miles; and 2) All operations are conducted in uncontrolled airspace.10 | Page

**§107.11 Operation near aircraft; right**

**- of** 

**- way rules.**  a) Each person operating a micro unmanned aircraft shall continually maintain vigilance so as to see and avoid aircraft and shall yield the right

- of

-way to all manned aircraft. b) No person may operate a micro unmanned aircraft in a manner that creates a collision ha zard with respect to any aircraft. c) Each person operating a micro unmanned aircraft, upon hearing engine, rotor, or propeller sounds from an aircraft uninvolved in the operation, shall take precautionary steps to identify the altitude and flight direction o f the uninvolved aircraft and yield right of way.
**§107.13 Operating limitations: altitude, airspace and locations.** a) No person may operate a micro unmanned vehicle at an altitude greater than 400 feet above ground level (AGL). b) No person may operate a micro unmanned vehicle within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, unless that person has prior authorization from the ATC facility having jurisdiction over that airspace. c) No person may operate a micro unmanned aircraft within 5 nautical miles of the geographic center of an airport as denoted on a current FAA

- published aeronautical chart unless that person has prior written authorization from that airport’s manag ement. This restriction does not apply to airports that are closed or abandoned. d) No person may operate a micro unmanned aircraft beyond his or her visual line of sight (VLOS). During the flight operation, the operator must be able to view the micro unmanne d aircraft at all times using his or her own natural vision (which includes the use of vision corrected by standard eyeglasses or contact lenses but excludes the use for flight navigation purposes of vision

- enhancing devices such as binoculars, night visio n goggles, powered vision magnifying devices, or video glasses designed to provide a “first person view” from a camera mounted on the micro unmanned aircraft), and must visually scan the surrounding airspace to see and avoid other air traffic. The maximum operating distance of a micro unmanned aircraft system from the operator under this subsection is 2,640 feet, regardless of the visual acuity of the operator. e) No person may operate a micro unmanned aircraft closer than 100 feet from any persons uninvolved in the operation. f) No person may operate a micro unmanned aircraft over an open

- air assembly of persons. g) No person may operate a micro unmanned aircraft in special use airspace designated under Part 73 unless that person has permission from the using or controlling agency, as appropriate. h) No person may operate a micro unmanned aircraft over privately

- owned property without the express or implied permission from the property owner, tenant in possession, or an authorized representative thereof. i) No person ma y operate a micro unmanned aircraft system within 5 nautical miles of any forest fire without authorization from the incident commander. j) Prior to operating a micro unmanned aircraft under this part, the operator shall become familiar with all pertinent information concerning the proposed operational location, including but not limited to review of relevant NOTAMs. k) Any person intending to operate a micro unmanned aircraft within one mile of any active emergency shall first check for any NOTAMs with respect t o restrictions on operations in that location.

**§ 107.15 Meteorological conditions.** All flights under this part must be conducted under visual meteorological conditions. A micro unmanned aircraft may not be operated under this part less than 500 feet bel ow, or less than 2,000 feet horizontally from, a cloud; or when visibility is less than 3 statute miles from the operator.
**§107.17 Operating limitations: ground speed.** No person may operate a micro unmanned aircraft in excess of 40 knots ground speed.11 | Page

**§107.19 Operator qualifications.** a) An operator of a micro unmanned aircraft system under this part must be at least 18 years of age. b) No person may operate a micro unmanned aircraft system under this part without first passing the FAA private pilot written ai rman knowledge test administered by an FAA

- accredited pilot school or test center. Prior to any operation under this part, the operator shall send written notification to the FAA evidencing the test results together with the operator's name and contact information, which submission the Administrator will acknowledge in writing as constituting the operator's micro unmanned aircraft pilot certificate for purposes of 49 USC § 44711. This subsection shall not apply to micro unmanned aircraft systems operated as public aircraft. c) The FAA may pursue investigation and enforcement procedures set out in part 13 with respect to the operator of a micro unmanned aircraft systems, including potential suspension or revocation of a micro unmanned aircraft pilot certificate held by its operator. d) Any other FAA pilot certificate that has as a requisite a written airman knowledge test may, if said certificate is current and in good standing, serve as a micro unmanned aircraft pilot certificate under subsection (b) even if the op erator is unable to provide evidence of his or her written test results. Such pilot certificates will constitute the operator's micro unmanned aircraft pilot certificate for purposes of 49 USC § 44711 and part 13. e) No person shall operate a micro unmanned a ircraft for hire or for a commercial purpose (other than research and development activ i t i es relating to the micro unmanned aircraft or its related systems and components), without first undertaking and documenting the following steps to gain experience an d proficiency with the micro unmanned aircraft model: 1) Review of the micro unmanned aircraft manufacturer's operating manuals and any instructional videos provided by the manufacturer. 2) At least 5 hours of total operating flight time; and 3) At least 25 takeoff

- and

- landing sequences. f) All operations under this part (including training) shall be documented and recorded in a permanent place such as a log book. For the purposes of meeting the minimum requirements of this subsection, each person m ust record the following information for each micro unmanned aircraft flight: 1) Date and time 2) Micro unmanned aircraft type, make, model 3) Route and boundaries of flight 4) Total duration of flight 5) Weather conditions of flight 6) Number of landings 7) Total flight time and/or lesson time 8) Remarks or other pertinent details
**§107.21 Alcohol or drugs.** a) No person may operate a micro unmanned aircraft

— 1) Within 8 hours after the consumption of any alcoholic beverage; 2) While under the influence of alcohol; 3) While using any drug that affects the person's faculties in any way contrary to safety; or 4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 li ters of breath.12 | Page

**§107.23 Insurance.** a) No person shall operate a micro unmanned aircraft for hire or for a commercial purpose (other than for research and development of the micro unmanned aircraft or its systems and components) unless he or she has in effect liability insurance coverage that a t a minimum meets or exceeds the minimum motor vehicle insurance coverages for both property damage and bodily injury required in the state in which the operation occurs, and that has been issued specifically to insure against risks of the operation of the micro unmanned aircraft. b) Insurance coverage to meet the requirements of this part shall be obtained from one or more of the following: 1) An insurer licensed to issue aircraft accident liability policies in any State, Commonwealth, or Territory of the United States, or in the District of Columbia; or 2) Surplus line insurers named on a current list of such insurers issued and approved by the insurance regulatory authority of any State, Commonwealth, or Territory of the United States or of the District of Columb ia. c) All person who have operated micro unmanned aircraft under this part must present their logbook, proof of insurance, and evidence of submission to the FAA Administrator their written test results or their valid pilot certificate, or any other record r equired by this part for inspection upon a reasonable request by

a. The Administrator; b. An authorized representative of the National Transportation Safety Board; or

c. Any Federal, State, or local law enforcement officer.
**§107.25 Accident reporting.** In connection with any operation under this part, any incident involving $1,000 or more in third

- party property damage, and any accident involving any bodily injury, must be reported to the nearest FAA Flight Standards District Office within three business da ys. Accidents involving a serious injury or death shall be reported to the NTSB pursuant to 49 CFR § 830.