August 25, 2015

To:

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

From:

Mid Continent Aerial, L.L.C.

Jamie Holland

338 Meandering Dr.

Lebanon TN 37090

Re: Petition of Mid Continent Aerial, L.L.C. ("Petitioner") for an Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11,

45.23(b);

14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121;

91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

Specifically the requested exemption would permit the operation of small, unmanned and

relatively inexpensive Small Unmanned Aircraft Systems (“sUAS”) for commercial aerial video

and photography of real estate, agriculture, inspections and artwork. These would occur in a

limited and predetermined airspace that would enhance the safety of those involved

compared

with manned aircraft.

The petition is organized as follows:

I. Description of Petitioner

II. Types of Operations

III. Safety

IV. Specific Exemptions

V. Privacy

VI. Flight Manuals

I. The petitioner is:

Mid Continent Aerial, L.L.C.

Attn: Jamie Holland

338 Meandering Dr.

Lebanon TN 37090

email: Av8erJB@mid­continentaerial.com

phone: 615.806.3013

Petitioner is a U.S. citizen who has been a licensed pilot for 22 years, and flying R/C aircraft

for 20 years.

II. Types of Operations:

Using sUAS’s for commercial photography and video in the following settings:

● Real Estate: Properties and homes for sale.

● Inspections: Photography and video of fixed structures
● Agriculture: NDVI and Lidar imagery of crops

● Artistic: Photography from perspectives not otherwise obtainable

III. Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have

the

characteristics and that operate with the limitations listed herein. These limitations provide

for at least an equivalent or even higher level of safety to operations under the current

regulatory

structure because the proposed operations represent a safety enhancement to the already

safe

video / photography operations conducted with conventional aircraft.

These limitations and conditions to which the Petitioner agrees to be bound when

conducting

commercial operations under an FAA issued exemption include:

1. The sUAS (currently but not limited to a 3D Robotics Solo) will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 40 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 40 minute

limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual

Observer.

6. sUAS pilot will be an FAA licensed airman with at least a recreational pilot’s certificate

and a valid state drivers license.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the

sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e.

the Aerial Coordinator), that person can also be designated as PIC.

8. The UAS will only operate within a confined predetermined area for each flight.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each

day’s production activities. It will be mandatory that all personnel who will be

performing duties within the boundaries of the safety perimeter be present for this

briefing.

10. The operator will obtain the consent of all persons involved in the photography / video

and ensure that only consenting persons will be allowed within 100 feet of the flight

operation. With the advanced permission of the relevant FSDO, operations at closer

range can be approved.

11. Pilot and observer will have been trained in operation of UAS generally and received

up-to date information on the particular UAS to be operated.

12. Observer and pilot will at all times be able to communicate by voice and/or text.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. 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.

15. If the sUAS loses communications or loses its GPS signal, the UAS will have

capability to return to a pre-determined location within the Security Perimeter and

land.
16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles

emergencies.

IV. Exemptions

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the

size

and limited operating area associated with the aircraft to be utilized by the Petitioner, an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability, and proximity to airports and populated areas of the particular UAS. In

all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft)

operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot

nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a defined area. Unlike other civil aircraft, operations under this exemption will be

tightly

controlled and monitored, and under the requirements and in compliance with local public

safety requirements, to provide security for the area of operation as is now done with

conventional filming. These safety enhancements, provide a greater degree of safety to the

public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the UAS,

due to its size, speed of operation, location of operation, lack of explosive materials or

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

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 operator 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 applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may be needed

as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be

impossible. The word “Experimental” will be placed on the fuselage in compliance with

§45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the
sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): 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 equivalent level

of

safety of current operations by requiring the PIC operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled

with no living thing on board. The area of operation is controlled. The 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 a private pilot as the PIC exceeds the present level of safety

achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft an equivalent level of safety will be provided by the PIC prior to

each flight.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter,

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight

Manual,

approved manual material, markings, and placards, or any combination thereof. The sUAS,

given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or

capacity to carry such an item on the aircraft. The equivalent level of safety will be

maintained by keeping the flight manual at the ground control point where the pilot flying the

sUAS will have immediate access to it. The FAA has issued the following exemptions to this

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will be needed. The PIC will take all actions including reviewing

weather, flight battery requirements, landing and takeoff distances and aircraft performance

data before

initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no 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
controls. sUASs and remotely piloted aircraft, by their design do not have fully functional

dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft

and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The

equivalent level of safety provided by the fact that neither a pilot nor passengers will be

carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

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 is a helicopter and the exemption requests

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated

platform from which filming is planned, an exemption may be needed to allow such

operations. As set forth herein, the sUAS will never operate at higher than 400 AGL. It will

however be operated in a safe and predetermined area. The equivalent level of safety will be

achieved given the size, weight, speed of the sUAS as well as the location where it is

operated. No flight will be taken without the permission of the property owner or local

officials. Because of the advance notice to the property owner, all affected individuals will be

aware of the planned flight operations. Compared to flight operations with aircraft or

rotorcraft weighting far more than the maximum 55lbs. 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 addition, the

low-altitude operations of the sUAS will ensure separation between these sUAS operations

and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter 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

altimeter setting available before departure.” As the sUAS may not have a barometric

altimeter,

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of

safety will be achieved by the operator, pursuant to Safety Check list, confirming the altitude

of the launch site shown on the GPS altitude indicator before flight.

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 approximately 40 minutes of powered flight. To

meet

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to
approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area

and the location of its proposed operations within a predetermined area, a longer time frame

for flight in daylight or night VFR conditions is reasonable. Petitioner believes that an

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See

Exemption 10673 (allowing Lockheed Martin 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 allowed, 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. Additionally, limiting

sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be

granted.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 40

minutes or 25% of battery power whichever happens first. 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, including

Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may

operate a civil 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.

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot.

As such, there is no ability or place to carry certification and registration documents or to

display them on the sUAS. An equivalent level of safety will be achieved by keeping these

documents at the ground control point where the pilot flying the sUAS will have immediate

access to them, to the extent they are applicable to the sUAS. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected

as prescribed in subpart 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 Part

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. 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 restricted areas for limited periods of time. If mechanical issues

arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL.

The operator will ensure that the sUAS is in working order prior to initiating flight, perform

required maintenance, and keep a log 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.
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: Applicant seeks an exemption

from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a)

& (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b);

91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a

small unmanned vehicle (55lbs or less) in commercial video and photography operations.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge. Filming of people who have also consented to being filmed or

otherwise have agreed to be in the area where filming will take place.

Manuals

Please find attached manual for the 3D Robotics Solo.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012 - size, weight,

speed, operating capabilities, proximity to airports and populated areas, operation within

visual

line of sight, and national security - provides more than adequate justification for the grant of

the requested exemptions to permit Petitioner to operate the selected UAS vehicles and

provide commercial photography and video of real estate, agriculture, inspection and

artwork.

Granting the requested exemption will benefit the public interest as a whole in many ways,

including improving safety and reducing risk by alleviating human exposure to danger,

improving the quality of services and decreasing operating costs compared with

conventional flight operations. If you have any questions or require any additional

information, please do not hesitate to contact me either by phone or email.

Sincerely,

Jamie Holland

615.806.3013

Av8erJB@gmail.com

Mid Continent Aerial, L.L.C.