August 21 st , 2015 Petitioning for Exemption under Section 333 for Aerial Video Service, LLC

U.S. Department of Transportation , Docket Management System West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

This petition is being submitted on our own behalf without legal counsel or consulting services. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Aerial Video Services, LLC., owner and o perator of an Unmanned Aircraft System (UAS).

Commercial operation of a UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering, insurance inspection, and other related professional activities.
 Aerial photography and/or video for public and/or private use including television, public events, and news gathering.
 Aerial photogra phy and/or video for assistance with search and rescue operations in cases of emergency and/or natural disaster at the request of the local authorities or government.
 Crop and agricultural monitoring

.
Hereby applies for an exemption from the listed Federa l Aviation Regulations (“FARs”) to allow the commercial operation of its UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by section 333. As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d)will provide safety enhancements to the already safe operations in the industry presently usi ng

conventional aircraft. Approval of the exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the nat ional airspace system.” Section 333 (c) of the Reform Act.

The name and address and contact information of the applicant is: Applicant: Aerial Video Service, LLC

. Attn: Nicholas W. Mechikoff, owner/operator Phone: 712

- 253

- 5952 Email: mwavs@cableone.net Address: 4546 Perry Way

Sioux City, IA 51104

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making thi s determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UAS’s 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 line of sight of the operator. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the nationa l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added) Applicant interprets this provision to place the duty on the Administrator to not only proc ess 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 statutory requirements for approval. 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 t hat includes sUAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed undersubsection (a) or (b) of this section or any section s 44702

- 44716 of this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Aerial Video Service, LLC., sUAS are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only with in a sterile area. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” Reform Act Section 333 (b). Given the small size of the sUAS involved and the restricted sterile environment wit hin which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. Regulations from which the exemption is requested: 14 C.F.R part 21 14 C.F.R 45.23 14 C. F.R 61.113 (a) and (b) 14 C.F.R 91.7(a) 14 C.F.R 91.9 (b)(2) 14 C.F.R 91.109 14 C.F.R 91.119 14 C.F.R 91.121 14 C.F.R 91.151 (a) 14 C.F.R 91.203 (a) and (b) 14 C.F.R 91.205 (b) 14 C.F.R 91.215 14 C.F.R 91.401
– 91.417 **AIRCRAFT AND EQUIVALENT LEVEL OF SAFE TY**  The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conve ntional aircraft. The applicant proposes that the exemption requested herein apply to civil aircraft that ha ve the characteristics and that operate with the limitations listed herein. These limitationsprovide 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 operations conducted with conventional aircraft. These limitations and conditions to which Aerial Video Service, LLC

. agrees to be bound when conducting commercial operations under an FAA issued exemption include: These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55 lbs.
 The UAS will have a maximum operating speed of no more than 50mph.
 Flights will be operated within the line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).
 Maximum flight time for each operational flight will be 30 min utes. Flights will be terminated at 15% battery power reserve or 5 minutes of remaining flight time, whichever comes first.
 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 250 feet above an elevat ed platform from which the filming is planned.
 Minimum crew for each operation will consist of the sUAS Pilot, but may include but not limited to the Visual Observer (VO) and a camera operator.
 The sUAS pilot will be the designated Pilot in Command (PIC).
 A briefing will be performed regarding the planned UAS operation prior the each day’s flight consisting of all the days’ production activities and/or flight plan.
 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.
 The fl ights will occur no closer than a 5 mile radius of the geographical center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.
 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pertinent information.
 The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 25 feet based upon an equivalent level of safety determination, as required under the FOM.
 The PIC and VO will have been trained in operation of sUAS and receive up

-to
- date information for the particular sUAS to be operated.
 The PIC and the VO will be able to communicate clearly by voice without interruption.
 Written and/or verbal permissi on and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire, or other appropriate governmental agencies. If the UAS loses communications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a pre

- determined location within a designated location and land autonomously.
 The U AS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. **14 C.F.R Part 21, Airworthiness C ertificates**  This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 2 Vision Plus and DJI Phantom 3 under either or both of the following provisions: 211.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulatio ns including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the exper imental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry pers ons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not s afer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropri ate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airwo rthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cock pit, or pilot station. The sUAV does not have an entran ce in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose toachieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on

th e top of the aircraft, as show n above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the per manent placard discussed in the previous paragraph will provide the aircraft's reg istration information at the gro und station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or g reater. Since the aircraft will operate withi n 1/2 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. **14 CFR 61.113 Private pilot privileges and limitatio ns: Pilot in Command and 61.133**  **Commercial pilot privileg es and limitations.**  The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) a llows a private pilot to act as pilot in command of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircra ft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a drivers license issued by the stat e in which he/she resides and since the airc raft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.
**14 C FR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.**  As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.**  This regulation provides that no person may operate an aircraft un less a current, approved flight manual is in the aircraft. We assume that the intent of this requi rement is to ensure that flight manual information is available to th e aircrew while operat ing the aircraft. We request an exemption to this requirement since the aircraft is not only too sm all to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent leve l of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime t he aircraft is in, or preparing for, flight. **14 CFR 91.109 Flight Instruction; Simulated instrumen t flight and certain flight tests**  The regulation states that "No person may operate a civil aircraft that is being used for flight i nstruction unless that aircraft has fully functioning dual controls ." The sUAS System ground

based control station consists of a small hand

- held radio transmitter and while it doe s not offer a second set of "controls", both the student and instructor can, and will, ope rate the single setof controls simultaneously. With both student and instructor having "hands

- on" the control s

during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety. **14 CFR 91.119 Minimum safe altitudes: General.** The regulation states that over sparsely populated areas the aircraft cannot be operated close r than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operat ions will only be flown over property or persons where permission has been obtained and careful pre

- planned has been performed. The aircraft will be operated at a low altitude allowing, if a power u nit fails, an emergency landing without undue hazard to pe rsons or property on the surface. Therefore we maintain th at due to the small size of the UAS, the hazard to persons, vehicles and st ructures is minimal compared to manned aircraft, which should be considered in granting the exemption. **14 CFR 91.121 Altim eter settings.**  The regulation requires that aircraft shall maintain cruising altitud es by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 500 feet AGL and will not need to maintain cruising altitud es in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is tran smitted via radio from the sUAS on - board computer to the display screen held by the PIC, providing a constantly updated AGL read out. **14 CFR 91.151 Fuel Requirements for flight in VFR conditions**  The regulation that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays of landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge is 12

- 35 minutes with a 15% reserve. Since the aircraft will never fly more than 1⁄2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word “fuel” and ask for an equivalent interpretation with the word “energy”. We also reque st exemption from the 30 minute reserve and ask that our reserve will be to fly that mission to the point of intended landing and have at least 15% battery reserve after that.
**14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.**  The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.” With our largest sUAS, the DJIPhantom 2 Vision+, at a maximum take

- off

-weight of 4.00 pounds, the sUAS is too small to

carry documentation, does not have an entrance, and is not capabl e of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will will be located with the crew at the ground control station and availabl e for inspection upon request. In order to identify the aircraft, we propose that the information found on the airworthiness and registration certificates be permanently to the aircraft containing this information plus the word “EXPERIMENTAL” to satisfy th e requirement of 14.CFR 45.23. **14 CFR 91.205(b) Powered civil aircraft with standard category U.S. airworthiness certificates : Instrument and equipment requirements**  The regulation provides that aircraft is equipped with a standard set of instruments to be used onboard to determine location, relative speed, relative direction, and engine status while in flight. Due to the fact that this aircraft cannot carry onboard passengers or crew, having instruments on board the aircraft is not necessary. The PIC wil l be able to access these data thru use of the ground station control. The PIC will be able to access electronic relay of ground speed, direction of the aircraft, altitude above ground, and remaining battery life of the aircraft in order to maintain an equ ivalent level of safety.
**14 CFR 91.215 ATC t**  **ransponder and altitude reporting equipment and use.** The regulation provides for the reporting of transponder locations to ground based Aircraft Control Towers. We feel that maintaining the sUAS at an altitude at or below 400 feet would exempt us from this requirement. The PIC will ensure the aircraft will not exceed this altitude requirement by use of AGL indications relayed electronically by the ground station controls. Software onboard the ground station will not allow this ceiling to be broken by the PIC and therefore will maintain an equivalent level of safety

. **14 CFR Subpart E (91.401 –**  **91.417) Maintenance, Preventative Maintenance, Altercations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be “approved for return of service by a person authorized under 43.7” after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and “be authorized to approve the aircraft return to service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections, replacing electronic circuit boards, and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or by a designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simpli city of the aircraft, the PIC can ensure an equivalent level of safety.