**July 10, 2015**

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

**Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2);**  **91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)** 

**Dear Sir or Madam,**

**AerialVid, LLC, (“AerialVid”), a Louisiana limited liability company, is**  **writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14**  **C.F.R. 11, to request that AerialVid, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that AerialVid may**  **operate its**  **small ultra light weight unmanned aircraft systems (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).** 

**As a threshold matter, AerialVid calls the examining officials’ attention to previous exemptions recently granted by the FAA, namely Exemption Nos. 11062, 11109, 11112, 11213,**  **and 11594.**

**As described herein AerialVid Members, are Certified Commercial Pilots in the United States; experienced in flying hobby helicopters for recreational purposes. Our Inventory**  **includes: (1) DJI Spreading Wings S900; (2) DJI Spreading Wings S1000; and (3) an Inspire 1. 1**  **All of these platforms are equipped with a camera for the purpose of aerial videography/cinematography and are controlled from the ground by a Futaba Controller device.**  **AerialVid’s primary commercial activities, upon approval of its exemptions from the FAA, will**  **include the surveying of industrial construction sites, agricultural properties, and real estate listings. These activities will enhance the ability of clients in these industries to conduct**  **site monitoring and**  **will contribute to the economic development and commercial activity of northern**  **Louisiana.**

**Craig Roberson is the managing member of AerialVid and has flown small RC electric helicopters for over five (5) years without incident. AerialVid is committed to safety with each**  **flight.**

**1** See **Exhibits A**  , **B** , and C **for these platforms’ manuals.** AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

2 **This exemption request will permit AerialVid to operate lightweight, unmanned and**  **comparatively inexpensive UAS’s in tightly controlled and limited airspace. The airspace in which AerialVid will operate is sufficiently distant from the general public, airports, heliports**  **and vehicular traffic, such that its flights will neither disrupt commercial activity nor endanger the general public. Further, AerialVid is committed to respecting existing property boundaries,**  **the rights of private property owners, and the privacy of the general public during the course of performing its own commercial operations of taking aerial photographs and videos.**  **Thus, AerialVid will obtain all necessary permissions for overflights of private property. Currently,**  **similar lightweight, remote-controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. AerialVid has**  **developed and adopted a**  **Standard Operating Procedure (“SOP”) 2**  **to avoid and prevent public any hazards to the public interest by its devi**  **ces . Further, AerialVid records flight data and other**  **information gained through permitted flight operations and will share its records with the FAA pursuant to any FAA-required reports.** 

**The granting of AerialVid’s request comports with the Federal Aviation Administration’s (“FAA”) responsibilities and authority to integrate UAS's into the national airspace system, and**  **to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's**  **for tracking industrial construction sites, real estate listings, and surveying farm land. Further, AerialVid will conduct its operations in compliance with the protocols described herein or as**  **otherwise established by the FAA.**

**Fo r the reasons stated below, AerialVid respectfully requests this exemption for the**  **purpose of permitting it to operate ultra lightweight, remote-controlled UAS’s for the purpose of aerial videography/cinematography to track industrial construction sites, promote real estate**  **listings, and survey farm land. Most of AerialVid’s clients in those arenas cannot afford to hire manned aircraft for those purposes. Thus, AerialVid’s commercial operations will fill a gap in**  **northern Louisiana’s economy and help foster regional economic development. Finally, AerialVid’s operations will promote public safety by keeping heavier manned aircraft, which**  **contain combustible fuel, from being employed in situations where UAS’s are better, namely the operation of photography and video equipment at low altitudes.** 

I. Contact Information

**AerialVid, LLC. Craig Roberson, Manager**  **123 Orleans Place**

**2** See **Exhibit** D

**.**AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

3 **West Monroe, Louisiana 71291**  **Ph one**  **: (318) 599-9876 Email: Craig@AerialVid.com** 

II. Sections of Title 14 of the Code of Federal Regulations from which AerialVid requests exemptions

**14 C.F.R. § 21.1 (airworthiness certificates); 14 C.F.R. § 45.23(b) (display of markings);**  **14 C.F.R. § 61.113 (a) & (b) (limitations as to private pilots) ;**  **14 C.F.R. 91,** et seq **(general operating and flight rules); 14 C.F.R. § 91.407(a)(1) (operation after maintenance);**  **14 C.F.R. § 91.409(a)(2) (inspections); and 14 C.F.R. § 91.417 (a) & (b) (maintenance records).** 

III. The extent of relief AerialVid seeks and the reason s uch r elief is sought.

**AerialVid submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicabl**  **e FA A**  **regulations operating to prevent AerialVid’s contemplated flight operations within the national airspace system. Section 332 of**  **the Reform Act provides for the integration of civil unmanned aircraft systems into the national airspace system. AerialVid’s,**  **UAS ’s meet the definition of “small unmanned aircraft” as**  **defined in Section 331 and are thus expressly contemplated by the Reform Act. AerialVid desires to operate its**  **UAS ’s prior to the time period by which the Reform Act requires the FAA**  **to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations**  **include the: weight, size, speed and overall capabilities of the UAS ; w**  **hether the UAS will be operated near airports or heavily populated areas; and**  **if the UAS will be operated by line of**  **sight.** See **112 P.L. 95 § 333. Each of these items weight in favor of an exemption for AerialVid.**  **AerialVid’s fleet of UAS**  **’s utilize four (4), six (6), and eight (8) counter-rotating propellers for balance, control and stability, respectively. Each UAS is equipped with GPS and**  **auto return safety technology. All of AerialVid’s systems weigh le**  **ss than twenty (20) pounds (below the maximum fifty-five pound limitation), which includes the camera with gimbal.** 

**AerialVid considers safety as its**  **foremost concern with each flight. Its UAS’s are designed to hover in place via GPS and operate in winds of less than 13 knots (15 miles per**  **hour). Per its SOP, AerialVid will not conduct UAS operations when winds exceed 13 knots (15 mph). Built-in safety systems include a GPS mode that allows the**  **UAS ’s to hover in place when**  **radio controls are released. With three operating modes to choose from, AerialVid uti lize**  **s the**AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

4 **Safe Mode for aerial videography/photography. This is the safest, most reliable and stable mode**  **to prevent accidents and hazards to the public. When pilot communication is lost the UAS’s are designed to slowly descend to their point of takeoff. AerialVid will not conduct UAS operations**  **near airports, hospitals or police heliports. Further, AerialVid’s operations will not take place in areas where the general public is within fifty to one hundred yards depending on location,**  **conditions and weather. AerialVid will be constantly on the lookout for any manned aircraft and will be prepared to immediately land and/or abort to the nearest and safest ground point should a**  **manned aircraft approach our location or we suspect manned aircraft may approach near our location. Its**  **UAS fleet** 

**is capable of vertical and horizontal operations, and is**  **flown only within line of sight of the remote control pilot. Utilizing battery power rather than combustible fuels,**  **flights generally last between ten to fifteen minutes, with an altitude not to exceed three hundred (300) feet. AerialVid’s operators will utilize a fully charged battery with each flight as a safety**  **precaution. The full flight time limit for each battery is ten (10) to fifteen (15) minutes as tested. Its**  **UAS ’s will not operate below manufacturer recommend minimum charge levels for**  **operation; thus, they will remain wi th**  **in a safe operating range to ensure adequate communication between radio control and UAS to eliminate the potential for crash, loss of**  **control, or other hazard. Reserve batteries are on hand with each flight to ensure replacement for sufficient safe level of operation. AerialVid will mitigate any risks**  **th at may cause a crash, create**  **a hazard to the public, property, manned aircraft, or loss of its own investment in equipment. We**  **have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of the specific UAS's performance**  **under different temperature and weather conditions. AerialVid has also developed a training course manual and outline for its operators.** 

**AerialVid is extremely cautious when operating its UAS’s and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). The small size and**  **weight of the UAS**  **’s ensure that they fall well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the**  **national airspace system. AerialVid’s devices, which have been used in hobby flight, have a**  **demonstrable safety record and do not pose a threat to the general public or national security.**

IV. AerialVid’s request w ill benefit the general p ublic

.
**Aerial videography for geographical awareness and for real estate marketing has long been available through manned fixed-wing aircraft and helicopters. The expense of such aerial**  **videography is cost prohibitive for many small businesses and farmers. Further, the unnecessary**  **use of manned aircraft poses a threat to the public through potential crashes where combustible fuel**  **may explode and burn on impact. AerialVid’s devices pose no such threat since their small**  **size and lack of combustible fuel alleviates any potential public threat.**AeriaVid LLC., West Monroe, LA - Section 333 Exemption Petition

5 **Congress has proclaimed that it is in the public’s interest to integrate c ommercially flown**  **UAS's into the national airspace system through its passage of the Reform Act. Granting this**  **exemption request benefits the public interest by furthering awareness of the geographical**  **features in and around the area of operation. AerialVid’s ultra lightweight UAS is battery**  **powered and creates no emissions that can harm the environment.**

**Granting AerialVid an exemption pursuant to Section 333 will further the public’s interest by minimizing ecological and crash threat by permitting aerial vide**  **o/photo capture through our battery operated, ultra light weight UAS's. Granting this exemption reques**  **t substantially furthers the economic impact for our community and small compani**  **es looking to grow their business, both of which will further local economic development.** 

V. AerialVid’s exemption w ill not adversely affect public safety.

**For the reasons stated above, permitting AerialVid to operate in FAA-controll ed airspace**  **will allow**  **it to cooperate with local government officials and the business community as**  **they collaborate on the development and implementation of safety regulations for UAS’s.** 

**Below is a summary of AerialVid’s operational and physical safety features:**

● **All of its UAS**  **’s weighs less than 15 pounds complete with gimbal and high resolution Camera;** 

● **AerialVid will only operate its UAS**  **’s below 300 feet (which is within the 400 foot ceiling set by the FAA Modernization and Reform Act of 2012);** 

● **The UAS**  **’s operate for only 10 to 15 minutes per flight;**

● **AerialVid lands its devices prior to any manufacturer recommended minimum level of**  **operational battery power;**

● **AerialVid pilots its devices through remote control and only by line of sight;**

● **AerialVid u tilizes**  **GPS , which permits the flight safety feature whereby its devices will**  **hover and then slowly land at the original takeoff site if communications a re lost between**  **the device and its operator;**

● **AerialVid will record and analyze flight data to constantly update and enha nce safety**  **protocols;**

● **AerialVid only operates in reasonably safe environments and in favorable weather conditions and takes care to avoid power lines, elevated lights, airports and a**  **ctively populated areas;** 

● **AerialVid conducts extensive pre-flight saf**  **ety inspections;**

● **AerialVid will**  **obtain all necessary permissions prior to operation; and,**

● **The SOP addresses contains guidance on procedures to abort flights in the event of safety**  **breaches or potential danger.**AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

6 ● **A erialVid has an active commercial general liability policy and will maintain such policy**  **throughout its operational existenc e.**  **3**

**AerialVid’s, safety protocols, as contained within our SOP, provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial**  **UAS ’s into our national airspace system, helicopters are the primary means of aerial video and**  **photography for industrial construction, real estate and farm surveying. UAS’s are able to do**  **much of that work in a safer manner because of their battery-powered operations.**

● **First, the potential loss of life is diminished because UAS's carry no people on board and we only operate our UAS in specific areas away from mass populations.** 

● **Second, UAS’s are battery-powered and do not carry combustible fuel; thus the potential for fire or explosions is greatly diminished.** 

● **Third, the small size and extreme maneuverability of our UAS allows us to remotely pilot away from and avoid hazards quickly and safely.** 

VI. A Summary that the FAA may publish in the Federal Register:

**A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates and Manuals**

**14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The**  **size, weight and enclosed operational area of AerialVid’s UAS’s permits exemption from Part 21 because its devices meet and exceed an equivalent level of safety pursuant to Section**  **333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both 49 U.S.C. § 44701(f) and Section 333 of the Reform Act.**  **Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to**  **areas such as airports and dense populations. AerialVid’s current and projected UAS's meet or exceed each of the elements.** 

**14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no onboard pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable.** 

3 See **E x**  **hibit** E

**.**AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

7 **An equivalent level of safety will be achieved by maintaining a safety/ flight manual**  **delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,**  **10167A, 10602, 10700 and 32827.**

**14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a barometric sensor.** 

**14 C.F.R. § 91.203 (a) and (b) require the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent**  **level of safety will be achieved by maintaining any such required certifications and registrations by AerialVid.** 

**B. 14 C.F.R. § 45.23: Marking of The Aircraft.**

**Current regulations require that aircraft be marked according to certain specifications. AerialVid’s**  **UAS ’s are, by definition, unmanned. Thus, they do not have a cabin, cockpit or**  **pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft. Accordingly, AerialVid will mark**  **its UAS in the**  **largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that viewing the UAV will see the markings. The FAA has**  **previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.** 

**C. 14 C.F.R. § 61.133: Commercial Pilot Privileges and Limitations: PIC.**

**Pursuant to 14 C.F.R. § 61.133(a), commercial pilots are not limited to commercial operations. AerialVid can achieve an equivalent level of safety as achieved by current**  **regulations because it**  **s UAS**  **’s do not carry any pilots or passengers. Further, while helpful, our operators are required to hold this certification to pilot UA**  **S’ s. The risks related to the**  **operation of AerialVid’s UAS**  **’s are far less than the risk levels inherent in the commerci al**  **activities outlined in 14 C.F.R. § 61,** et seq **. AerialVid operational capabilities currently meet**  **or exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).**

**D. 14 C.F.R. 91.119: Minimum Safe Altitudes.**

**14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. AerialVid will never**  **operate at an altitude greater than 300 feet above ground level (“ AGL**  **”) , which is safely**  **below the standard of 400 feet**  **AGL. AerialVid will operate in safe areas away from public**AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

8 **and traffic, providing a level of safety at least equivalent to or greater t han those in relation to**  **minimum safe altitudes. Given the size, weight, maneuverability, and speed of its devices, an equivalent or higher level of safety will be achieved.** 

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

**The above-cited Regulations require, among other things, aircraft owners and operators to “have [the] 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 . . .”** 

**These Regulations only apply to aircraft with an airworthiness certificate. Thus, they do not apply to AerialVid’s, UAS’s. However, as a safety precaution AerialVid will inspect**  **its UAS**  **’s before and after each flight and maintain a detailed maintenance log.** 

A Summary The FAA May Publish in the Federal Register **: 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21,**  **Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and**  **enclosed operational area of our UAS permits exemption from Part 21 because AerialVid’s UAS**  **’s meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act**  **(49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the**  **weight, size, speed, maneuverability and proximity of operations to airports and densely populated areas.**  **AerialVid’s devices meet or exceed each of those elements. 14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or**  **passengers, and given the size of the UAS's, this Regulation is also inapplicable. An equivalent level of safety will be achieved by maintaining applicable manuals and standard operating**  **procedures with the operators of the devices. Finally, AerialVid will implement a maintenance program that involves regular software updates and curative measures for any damaged**  **hardware. Therefore, AerialVid will achieve an equivalent or greater level of safety to the FAA’s current requirements.**  **The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, and 10167.** 

In summary, AerialVid seeks an exemption from the following regulations:AeriaVid LLC., West Monroe, LA

- Section 333 Exemption Petition

9 **14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14**  **C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 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. § 91.405 (a);**  **14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to operate AerialVid's, small unmanned aerial systems for the commercial**  **purposes of construction, real estate, and farm surveying. Currently, site tracking and aerial videography/photography relies primarily on the use of larger aircraft running on combustible**  **fuel, which poses a potential risk to the public. Granting AerialVid’s request for exemption will reduce current risk levels and thereby enhance public safety. AerialVid’s devices do not contain**  **combustible fuel, are smaller, lighter and more maneuverable than manned aircraft and will require less flight time to perform the same commercial surveying operations as manned aircraft.**  **Further, AerialVid’s devices operate at lower altitudes and in controlled airspace eliminating potential public risk inherent in takeoffs and landings from established airfields. AerialVid has**  **been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for construction, real estate and farm surveying**  **usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols**  **for complying with the FAA Modernization and Reform Act of 2012. There are no personnel onboard AerialVid’s UAS’s and therefore the likelihood of death or serious bodily injury is**  **significantly diminished. AerialVid’s, operation of devices weighing less than 20 pounds and travelling at low speeds within limited areas will provide an equivalent level of safety as current**  **FARs require. Accordingly, AerialVid respectfully request s**  **that the FAA grant its request for exemption and is willing to cooperate in sharing information to benefit the FAA, safety of**  **manned aircraft, and the general public at large.**

**Respectfully submitted,**

**__________________________________ Craig Roberson**  **AerialVid, LLC 123 Orleans Place**  **West Monroe, Louisiana 71291**