1 jmacAerospace.aero

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero April 11, 2016

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590
Re: **Renewal of Exemptions**
Aerial MOB, LLC **Renewal** of Exemptions N o s: 11066, 11066A, 11066B 11066C a nd 11066D originally issued pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

- FAA Docket No. FAA

- 2014

- 0353 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Refo rm Act) , 14 C.F.R. Part 11, and t he Administrative Procedure Act, 5 U.S.C. 551 et. seq., Aerial MOB , LLC (Aerial MOB ), herewith applies for renewal of the following listed exemptions issued by the Federal Aviation Administration (FAA) pursuant to Section 3 33 of the FAA Modernization Act (the Reform Act), allowing Aerial MOB to conduct commercial operations with the aircraft listed therein, including aerial data collection and closed set filming for television and movie production:
1. Exemption No. 11066 2. Exemp tion No. 11066A 3. Exemption No. 11066B , 4. Exemption No. 11066C , and 5. Exemption No. 11066D The exemptions expire September 30, 2016

. Aerial MOB specifically request that the FAA, in renewing the listed Exemptions, grant it authority contained in Exemption 1576 1, in docket FAA

- 2015

- 6649, allowing the exemption holder to operate any aircraft “...identified on the List of Approved Unmanned Aerial Systems under Section 333 at regulatory docket FAA

- 2007

- 3330”. Further Aerial MOB requests that it be granted a renew al that encompasses the terms and conditions presently being issued to new exemption holders, including tethered operations, as specifically set forth in Exemption 15761, as an example

.2

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero Aerial MOB specifically invokes and will rely upon Section 558 (c) of the Administrative Procedure Act allowing it to continue operations under the listed exemptions until such time as the Department of Transportation takes action on this renewal request

. 1 As set forth, Aerial MOB asks that this application be processed und er the FAA’s Summary Approval Process, as it may apply to requests for renewal. The FAA has found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner , within this docket, and carrying no pas sengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to continue to find that the UAS operation enabled by th ese exemption s is in the public interest. T h e renewal of the approvals contained in the listed exemptions for Closed Set Filming and the further allowance of General Aerial Photography , as contained in FAA’s most recent exemptions, approval of this renewal would thereby continue to enhance safety an d fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. The name and address of the renewal applicant is: Aerial MOB, LLC Attn: Tony Carmean Aerial MOB 2236 Rutherford Road Suite 115 Carlsbad, CA 92008 Tel: 619

- 787

- 0600 Email: tony@aerial MOB .com Regulations from which the renewal exemption is requested: 14 C.F.R. 61.23 (a) and (c) 14 C.F.R. 61.101 (e) (4) and (5) 14.C.F.R. 61.113 (a) 14 C.F.R. 61.315 (a) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.119 (c)

1 “ Wh en the licensee has made timely and sufficient application for a renewal or a new license in accordan ce with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency ”. 5 U.S.C. §558 (c) (emphasis added).3

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) (1) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (1) and (2) 14 C.F.R. 417 (a) & (b) The renewal of these exemptions will also continue to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. That law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate s afely in the national airspace s ystem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the N AS or the public or pose a threat to national security in light of the following:

 The UASs size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual lin e of sight of the operator. Reform Act § 333 (a)

. Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the nationa l airspace system.” Id. § 333(c) (emphasis added) 2

. The Secretary, having already determined that the exemptions issued to Aerial MOB comply with the statutory requirements, and no adverse events have taken place that could or would cause the Secretary t o change his determination made in the listed exemptions, renewal is called for as requested herein. Given the small size of the sUASs involved and the restricted environment within which they will operate, the applicant falls squarely within that zone of saf ety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately and for which renewal is justified. Given the clear direction in Section 333 of the Reform Ac t, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, as set forth in Attachment 1, and the significant public benefit, including enhanced safety, reduction in environ mental

2 Applicant interprets this provision to place the dut y on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS , if it should be determined that the conditions set forth herein do not fulfill the statutor y requirements for approval.4

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero impacts, including reduced emissions associated with allowing battery powered UASs for these functions instead of turbine or gas power aircraft/rotorcraft and operations with FAA licensed pilots, the renewal of the listed exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested renewals without delay. Sincerely,

John McGraw John McGraw Aerospace Consulting, LLC Agent for Aerial MOB , LLC

cc: Jonathan B. Hill (jbhill@verizon.ne t)5

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero **Equivalent Level of Safety and Compliance with Part 11 of the FA**  **Rs Attachment 1** 
**AI RCRA**  **FT AN**  **D EQUIVA LENT LEVEL OF SA**  **FETY** The FAA has granted exemptions to the following regulations in the listed exemptions; 14 C.F.R. §§ 61.23 (a) and (c ), 61.10 1(e ) (4) and (5), 61.113 (a), 61.315 (a), 91.7 (a), 91.119 (c), 91.121, 91.151 (a) (1), 91.405(a), 91.405 (a)(1), 91.409 (a) (1) and (2) and 91.417(a) and (b) to allow closed set filming and aerial data collection ( See , FAA Exemptions 11360

- ; 11473)
**14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command**  Sections 61.113 (a) & (b) limit private pilots to non - commercial operations

**.** Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equiva lent level of safety of current operations by requiring the PIC operating the aircraft to hold a certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carr ies the pilot and passengers, the sUAS is remotely controlled with no living thing on board. T he area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. T he level of safety provid ed by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. T he risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with any certificate issued by the FAA as the PIC exceeds the present level of safety achieved by 14 C.F.R. Part 61. T he FAA has granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. **14 C.F.R. § 91.119: Minimum Safe A ltitudes**  Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that are helicopters and t he exemption requests authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the6

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero permission of the property owner, facility owner and local officials. Because of t he advance notice to the property owner and participants all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lb s. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition, the low

- alti tude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213 , 11360 and 11447. **14 C.F.R. § 91.121: A ltimeter Settings**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate al timeter setting available before departure.” As each sUAS model in at least one operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the o perator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides appro ximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its p roposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior exemptions. See Exemption 10 673 (allowing Lockheed Martin7

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allow ed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Applicant believes that an equivalent level of safety can be achieved by limiti ng flights to 5 minutes of reserve time on the batteries. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, in cluding Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447. **14 C.F.R. Part 91: Maintenance Inspections** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpa rt E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Pa rt 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the FOM attached as confidential See Exhibit 1. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in areas for limited periods of time. If mecha nical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOM the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a l og of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.

********* 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 for the issuance of renewed exe mptions:8

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs 100 Affirmed Drive Stafford, VA 22556 Tel. 540 - 219 - 1638 John@jmacAerospace.aero Applicant seeks an exemption from the following rules: 14 C.F.R. §§61.23 (a) and (c ), 61.101(e ) (4) and (5), 61.113 (a), 61.315 (a), 91.7 (a), 91.119 (c), 91.121, 91.151 (a) (1), 91.405(a), 91.405 (a)(1), 91.409 (a) (1) and (2) and 91.417(a ) and (b) to operate commercially small unmanned vehicle (55 lbs. or less) in motion picture and television operations and aerial data collection.