December 18

, 2015

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

Re: Petition of Aerial First for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Direc tor: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Aerial First hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to al low commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose o f conducting aerial photography

, videography

, property mapping, inspection and surveying services for real estate

and agricultural indust ries.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Aerial First documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals ( Collectively 2 and 3 are referred t o as D ocuments & Manuals")

3. User Guide and;

4. Flight Manual 1 ( Collectively 3 and 4 are referred to as "Manufacturer's Manuals").

Aerial First submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as th e materials contain confidential commercial and/or p roprietary information that

Aerial First has not and will not share with other requesting parties. Additionally, these

d ocuments contain operating conditions and procedures that are not generally availabl e to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et.

seq. 

### NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS LETTER

OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE RELEASED TO

THE PUBLIC WITHOUT WRITTEN AUT HORIZATION FROM THE

PETITIONER.

1 . The term "Manufacturer's Manual" also includes all r elevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

December 18

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For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Photography, Videography, Property Mapping

, Surveying and Inspection

III. Relevant Statutory Authority

IV. Aerial First ’s Proposed UAS Operations Meet the Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions S et Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91. 9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot

Privi leges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Prefl ight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

V1. Drug and Alcohol Program

VII. Publi c Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S Department of Transportation

December 18

, 2015 Page 3

I. DESCRIPTION OF PETITIONER

Aerial First , is based in San Diego, CA

, working in photography

, videography imagery, surveying and inspection services for the real estate and agricul ture industr y . The Company specializes in, and will continue to focus on, the videography

, photography , property mapping and inspections for the real estate and agriculture industries

. The Company’s Principal, Jonathan

Wells has been flying UAV Quadcopters as a hobby for more than three year s without incident,

spen d ing thousands of hours flying

.

Upon the grant of the 333 Exemption the Company’s business will specialize in real estate ph o tography and videography of residential, commercial and industrial for the promotion of

prope r ties for sale and land development and additionally will offe r services for property mapping and i n spection as well as crop management and imagery.

Aerial First ’s staff are well trained and experienced in providing support as v isual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.
All of the equipment owned by Aerial First is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. Aerial First ’s goal is to advise the perspective client that Aerial First is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Ae rial First seeks an exemption to allow for photography, videography and other related media products for the agriculture industry

.

The contact information for Petitioner is as follows:

Jonathan M. Wells

Aerial First

2055 Haller Street San Diego, CA 9210 4

Phone: 619.920.3536

Email: johno@aerialfirst.com

II. DESCRIPTION OF PROPOSED OPERATION

Aerial First seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Inspire 1 (referred to a s AF

- UAS ) (under 55lbs) for the proposed operations discussed herein

below. All UAS operations will occur under tightly controlled conditions on private property or approved location where Aerial First has received verifiable permission to operate from t he landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and

Aerial First ’s Operations Manuals. As detailed in Aerial First ’s Oper ations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 mm away from an airport reference point

. Moreover, Aerial First ’s Operat ions Manuals incorporate redundant safeguardsU.S Department of Transportation

December 18

, 2015 Page 4

to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Aerial Photography, Videography, Property Mapping, Surveying and Inspection

Aer ial First seeks to use small AF

- UAS for the purpose of conducting photography

, video g raphy, mapping and inspection services for the real estate and agriculture industr ies

. Aerial First has purposefully tailored its operations to meet the requirements esta blished by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the real estate indu s try, including :

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherman (Exemption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )

 Raven Executive (Exe mption No. 12639)

 Rick Doyle Photography (Exemption No. 12681)

 Raven Executive (Exemption No. 12 639 )

All UAS real estate photography and videography operations will occur on private property or approved location in a controlled area away from spectators and persons not involved in the recording process . In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Aerial First ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS real estate video product ion is also safer than traditional manned aircraft perfor m ing the same function. Videographer

- inspectors also frequently need to climb roof

tops , trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls, ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with industrial sites and construction facilities often involves a risk of exposure to ha zardous

cond i tions . The use of AF

- UAS mitigates these hazards and is ultimately a much safer and cost

e f ficient method of performing these and most other types of i n spections.

Moreover, c onventional operations using rotorcraft and fixed

- wing aircraft in l ow level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. I t is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost asso ciated with its acquisition and other potential consumers an inexpensive product

.U.S Department of Transportation

December 18

, 2015 Page 5

UAS real estate video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and dur ation at a very low

cost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be

inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airs pace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considerations:

● The UAS's size, we ight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to gra nt exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. AERIAL FIRST ’S PROPOSED AF

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small AF

- UAS operations proposed by Aerial First a s noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

O perational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The AF

- UAS utilize d by Aerial First ha s been approv ed for use in prior Section

333 Grants of E xemption from the FAA. 2

2 See e.g., Grant of Exemption t o Trudeau, Realtor® (Exemption No. 11138); Grant of Exemption to Alon Sicherman (Exemption No. 11728); Grant of Exemption to Sokoler Medly (Exemption No. 11341).U.S Department of Transportation

December 18

, 2015 Page 6

 The AF

- UAS weigh s less th an 55 pounds, including payload

 The AF

- UAS will not be flown at a ground speed in excess of 50 knots

. The exemption holder may use either groundspeed or calibrated airspeed to d etermine compliance with the 50 knot speed restriction.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitte d to the pilot

via telemetric data feed.

 The AF

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the AF

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the AF

- UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . T he difference in weight between the AF

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the ri sk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Aerial First ’s Operations Manuals

Aerial First ’s Operations Manuals and the Manufacturer's Manual for the selected AF

- UA S will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety

assessment of Aerial First ’s proposed operations, below is a summar y of operational limitations

and conditions that Aerial First will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The AF

- UAS weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained

for eac h scheduled flight prior to operation

.

3. All UAS operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number)U.S Department of Transportation

December 18

, 2015 Page 7

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as

practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the AF

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PIC s shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession , or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

.

6. The AF

- UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. El ectronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Aerial First ’s Operations Manuals. The Operations Manuals will be maintained

and made avai lable to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Aerial First ’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and mus t be followed. Otherwise, Aerial First shall follow the procedures outlined in their Operations Manuals.

10. Aerial First may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administr ator upon request.
Aerial First will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or

revision would a f

fect the basis upon which the FAA grants the exemption, Aeri al

First will seek an amendment to its Grant of Exemption. Aerial First will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the ope r ating documents.

11. Aerial First Operations Manuals and its Grant of E xemption will be available to the PIC at the ground control station anytime the AF

- UAS is operating.

12. The PIC is prohibited from beginning a AF

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first i ntended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.U.S Department of Transportation

December 18

, 2015 Page 8

13. Maximum total flight time for each operational flight using the AF

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and s till maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and

appro val from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must b e conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipat ing persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are

within 500 feet of th e UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The AF

- UAS m ay not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The AF

- UAS may not operate within 5 nm of an airport reference point as denoted on

a current FAA

- pu blished aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Aerial First COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the AF

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any AF

- UAS if the inspection reveals a condition that affects the safe operation of the AF

- UAS until the necessary maintenance has been performed and the

AF

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as req uired by Aerial First ’s Operations

Manuals.U.S Department of Transportation

December 18

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19. Aerial First will timely carry out its maintenance, inspections, and record keeping

requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the AF

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the AF

- UAS to service.

20. Any AF

- UAS that has undergone maintenance or alterations that affect the UAS operati on or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Aerial First ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and AF

- UAS record entry shall be included in the Aerial First ’s Operations Manuals.

21. The AF

- UAS will be operated and maintained according to the Manufacturer's

Ma nuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Aerial First ’s Operations Manuals.

23. Aerial First will obtain an Air Traffic O rganization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance wit h airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the AF

- UAS loses communication with the PIC , it will have the capability to safely

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans wil l be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The AF

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current U.S. driver’s license issued by a state

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum o f 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar AF

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.U.S Department of Transportation

December 18

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30. Prior to conducting opera tions for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 1 4 CFR § 61.51(b) as UAS pilot operating the make and model of AF

- UAS to be utilized for operations under the exempti on and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The AF

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. AF

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. T he UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations . Additionally no PIC will provide any film

- flight operations while in motion from atop any elevated platform vehicle or

device.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the AF

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Aerial First seeks an e xemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using AF

- UAS platforms noted above . Listed below are: (1) the specific

sec tions of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would p rovide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.U.S Department of Transportation

December 18

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UNMANNED AIRCRAFT SYST EM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safe ty when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there

are some characteristics of the chosen UAS that f ail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Aerial First ’s use of the AF

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description o f proposed operations in Section IV ( A),

the AF

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The AF

- UAS is also equipped with safety features which will allow Petitioner to operate the AF

- UAS safely after experienc ing certain in

- flight contingencies or

failures as noted below

. 6 7 Additionally, the AF

- UAS carr ies neither pilots nor passengers, carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homelan d Security as being prohibitive and operate exclusively within the parameters stated in Aerial

First ’s Operations Manuals

.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. ( FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned

aircr aft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): The AF

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the

sy stem where to go, and the system does all the flying for the operator. The AF

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the AF

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global po sitioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situ ation

– is available to the operator."U.S Department of Transportation

December 18

, 2015 Page 12

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in comp liance with local public safety requirements, to provide security for the area of operation. Aerial First will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the AF

UAS un der the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the AF

- UAS do not need a means to communicate with other aircraft or ATC, because those capabilities will b e s olely possessed by the PIC and Observer, who are not onboard the AF

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the AF

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Aerial First ’s small AF

- UAS would otherwis e require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27( a): Aircraft Marking and Identification Requirements

Aerial First seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

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

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

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 oper ator 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 applica ble.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

December 18

, 2015 Page 13

Each operator of a rotorcraft must display on that rotorcraft horizontally

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determ ined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All AF

- UAS flown by Aerial First will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Aerial First se eks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a ) ( 1), 91.409(a ) ( 2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chap ter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have . (Emphasis added)

Equival ent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Aerial First ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the AF

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the AF

UAS and no flights will occur unless, and until, all flight critical components of the AF

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will

be conducted following the replacement of any flight

- critical components. As required by Aerial

First ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in

the AF

- UAS aircraft records of the flight.

Aerial First ’s Opera tions Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, av ionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Aerial First ’s Operations Manuals also include p rocedures to document and

10 FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

December 18

, 2015 Page 14

maintain a record of the AF

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the AF

- UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in

Aerial First ’s Operations Manuals ensure that an equivalent or higher level of safety will be

achieved.

P ILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Aerial Fir st seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and comp etency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the AF

- UAS s will be operated as part of a commercial oper ation , they carr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Aerial First has placed on its AF

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Aerial First will operate on private property or approved

lo cation away from persons and property not involved in the operation. Aerial First will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirement s in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Aerial First will further ensure safe oper ation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of AF

- UAS flight. As set forth in the Operations Manuals, pilots will have experience no t only in AF

- UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Aerial First . The pilot qualification, training, and curren cy requirements in the Operations Manuals ensure that Aerial First pilots are competent and proficient in the AF

- UAS they are operating. Aerial First ’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Gra nts of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

December 18

, 2015 Page 15

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasm uch as there will be no airworthiness certificate issued for the UASs, Aerial First seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V ( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civ il Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b ) ( 2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and other aircr aft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b ) ( 2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available i n the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a c ivil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(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 passengers or crew.

Given the small size and configuration of the AF

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the AF

- UAS because there is simply no room and the AF

- UAS has no cabin or cockpit. As a way to comply with the code

Aerial First will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access t o the UAS flight

13 See Id. at 13

- 14, 22.U.S Department of Transportation

December 18

, 2015 Page 16

manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure th e pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Aerial First seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircra ft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provi ded by following the Aerial First ’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Aerial First ’s Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initi ation of flight. Aerial

First ’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Aerial First seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual control s." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished 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).

Equivalent Level of Safety

Given the size and speed of the UASs that Aerial First intends to use, an equivalent level of safe training can still be performed without dual contr ols because no pilot or passengers are aboard the UAS, and as required by the Aerial First ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as require d by the Aerial First ’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

December 18

, 2015 Page 17

in Aerial First ’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Aerial First requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 S ection 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allo ws for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically presc ribed for helicopters by the FAA."

An exemption is required because the proposed AF

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the AF

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the AF

- UA S will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500

feet a way from the AF

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights

pr o posed herein, and given the lack of flammable fuel with the above noted UASs, any risk

assoc i ated with these opera tions is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

AF

- UAS s, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of t he structure.

As set forth in the Operations Manuals, the AF

- UAS s will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position whe re he or she is shielded from the AF

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the AF

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near t he PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in

15 Relie f from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

December 18

, 2015 Page 18

Aerial First ’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settin gs

Aerial First seeks an exemption from 14 C.F.R. § 91.121, which 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 pressu re. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121

can be achieved in circumstances where: (1) the UAS will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to ea ch flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The AF

- UAS that Aerial First intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Aerial First ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the AF

- UAS Aerial First intends to use, and the safety mitigation procedu res contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Fli ght in VFR Conditions

Aerial First requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 04 81 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how

to immediat ely cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ow n er/controller of any such vessels, v ehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines that it does not present an undue

ha z ard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

December 18

, 2015 Page 19

(a) No person may begin a flight in an airplane under VFR conditions unless (considering

wind an d 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 for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minu tes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore re quired. Moreover, it is not

Aerial First ’s intention to fly the AF

- UAS s at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel requirements for flig ht in VFR conditions could be achieved by prohibiting the PIC from beginning a AF

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the AF

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in min utes and seconds to the PIC. 19 The FAA also considered the fact the AF

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the AF

- UAS should run low on power, the PIC will be alert ed and can safely land the

- AF

- UAS as soon as possible. Like the VDOS Grant of Exemption, Aerial First ’s

use of the AF

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Aerial First will adhere to this l imitation for its AF

- UAS flights.

The AF

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the AF

- UAS to a ground

- based

- on

- scre en display. 20 As required by Aerial First ’s Operations Manuals, the PIC will promptly fly the AF

- UAS back to the home launch location or pre

det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Aerial First submits that the procedures requiring flights to be safely

19

. Grant of Exempt ion No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20 . T he AF

- UAS ground control station displays the UAS ’ s position, navigation route, tail number, altitude,

hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Department of Transportation

December 18

, 2015 Page 20

terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 p ounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Aer ial First will have policies in place to ensure that no person may participate in AF

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Aerial First ’s Petitio n for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goa l in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed AF

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsu specti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of inspecting

and monitoring potential locations and relevant sites and facilities requires location personnel to
climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform

elevated work for which the individual is neither trained n or equipped to perform , which exposes them to unnecessary risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sit es to be used in the end product

. The use of small UAS can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as

Aerial First employees.

The use o f small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UAS carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Aerial First ’s small battery powered AF

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to pa rticipating and nonparticipating individuals or property in the event of an incident or acc i dent. Risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."U.S Department of Transportation

December 18

, 2015 Page 21

P etitioner's AF

- UAS are battery powered, the public will also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as r ecognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities off ered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced whi le reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All AF

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be ob tained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an

exempt ion from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a ) ( 1) ; 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Aerial First ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed AF

- UAS

22 See e.g., Grant of E xemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

December 18

, 2015 Page 22

operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemp tions allowing Aerial First to use small AF

- UAS s in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Jonathan M. Wells

Aerial First

2055 Haller Street San Diego , CA 92104

Phone: 619.920.3536

Email: johno@aerialfirst.com

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating Manual

3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Pr otocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals

PETITIONER REQUESTS THAT GOOD CAUSE EXISTS TO EXEMPT ANY PART OF

THIS PETITI ON FROM BEING PUBLISHED IN THE FEDERAL REGISTER PUBLIC

FORUM BECAUSE THE REQUESTED EXEMPTION WOULD NOT SET A PRECEDENT, AND ANY DELAY IN ACTING ON THIS PETITION WOULD BE

DETRIMENTAL TO THE PETITIONER.