Nassim F. Aoude

61 Harvard St.

Worcester, MA, 01609

(508)­344­7932

nassim@alpinax.com

October 21, 2015

U.S. Department of Transportation

Docket Operations

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Submission of Request for Determination under Section 333 of the FAA Modernization and

Reform Act and Exemptions under 14 C.F.R. Section 11.81

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”), I,

Mr. Nassim Aoude hereby request a determination by the Secretary of Transportation

authorizing conduct of commercial operations of its UAS for the purposes of photography,

videography, inspection of infrastructure, surveying, mapping and photogrammetry, precision

agriculture, and scientific & environmental research. Pending a grant of exemption, I will be

launching my company, which will provide a broad spectrum of safe, effective, aerial solutions. I

will be using UAS manufactured by various professional manufacturers. Operations will be

conducted within and under the safeguards outlined herein and as may be established by the

FAA under FMRA Section 333(c).

I also petition for exemptions as necessary to effect the determination requested

pursuant to FMRA Section 333. The attached documentation includes detailed exemption

requests that demonstrate how these exemptions are in the public interest and will maintain at

least an equal level of safety to existing regulations. Authorizing me to conduct commercial UAS

operations would enhance community education and awareness of UAS. Further, operation of

UAS in these commercial operations are less disruptive, safer, and more cost effective than

manned aviation equivalents due to the low altitude environment, given the size, speed and

inherent risk of traditional commercial helicopter operations. These commercial operations often

occur in the unsafe areas of the height­velocity diagram requiring special precision and skill. I

will conduct the commercial UAS operations in a manner that will meet, and in many cases

exceed, the current level of safety of commercial helicopter operations. The low expense of

operation compared to cost prohibitive manned aviation alternatives allow a greater economic

benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is

in the public interest. UAS technology used for these commercial purposes benefit the public

interest in the following ways:
­Reduces the collateral damage risks to life and property associated with low altitude helicopter

operations in undesirable portions of the height­velocity envelope.

­Increased public awareness regarding safe and responsible utilization of UAS.

­Increased economic well being to local businesses via cost reductions.

­Enabling aerial business solutions to be available to a larger market.

­Enhanced agricultural practices resulting in reduced environmental contamination from

pesticide/fertilizer runoff and increased crop yields.

­More efficient and frequent inspection of infrastructure due to reduced cost.

Additionally, I commit to hiring appropriately qualified and trained employees from the local

community whenever possible in future expansions. I appreciate your careful consideration in

granting this exemption.

Nassim F. Aoude

61 Harvard Street

Worcester, MA, 01609

(508)­344­7932

nassim@alpinax.com
Table of Contents

I. Regulations –Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot­in­Command (PIC)

V. Public Interest

VI. Summary

I. Regulations –Exemptions requested

Pursuant to 14 C.F.R. § 11.81(e), I, Nassim Aoude seek exemption from the below mentioned

regulations and provide reason as to why the exemption should be approved based on the level

of safety at least equal to that of which the rules require.

14 C.F.R. Part 21 Subpart H –Airworthiness Certificates

Establishes: The procedural requirements for the issuance of airworthiness

certificates as required by 14 C.F.R. § 91.203(a)(1)

Given the relatively small size of the UAS and the safeguards that will be taken as

outline below, an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration

“of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular UAS.”

14 C.F.R. § 45.23(b) –Aircraft Marking and Identification Requirements

When marks include only the Roman capital letter "N" and the registration

number is displayed on limited, restricted or light­sport 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," "light­sport, "experimental," or "provisional," as applicable.

All UAS operated under my company will ensure compliance with § 45.29(f) to meet the

intent of the regulation by displaying the registration number in the largest practicable

lettering.

14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) – Private and Commercial Pilot Privilege

and Limitations

14 C.F.R. § 61.113​: (a) Except as provided in paragraphs (b) through (g) of this

section, no person who holds a private pilot certificate may act as pilot in
command of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as pilot in command of

an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in

command of an aircraft in connection with any business or employment o

14 C.F.R. § 61.133​: (a) Privileges – (1) General. A person who holds a

commercial pilot certificate may act as pilot in command of an aircraft – (ii) For

compensation or hire, provided the person is qualified in accordance with this

part and with the applicable parts of this chapter that apply to the operation.

Currently, there are no applicable areas identified for UAS in either the private or the

commercial sector and therefore an exemption is required to conduct commercial operations. As

flight operations will be conducted with an abundance of caution following the procedure outline

below, my operations will achieve an equivalent level of safety for each individual flight

especially when compared to commercial flights identified in Part 61 when originally developed.

My operation will be conducted with pilots who hold, at a minimum, a private certificate of any

category or class and a 3rd class medical. I, Nassim F. Aoude, will oversee the flying program.

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

No person may operate a civil aircraft unless it is in an airworthy condition.

Currently there is no airworthiness certificate for our UAS. Daily pre and post flight

inspections will be accomplished in accordance with manufacturer's maintenance

manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air

operations immediately upon identification of an in­flight emergency or other unsafe

condition. By complying with procedures outlined by the manufacturer, an equivalent

level of safety will be achieved.

14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

(b)(2) prohibits operation of U.S.­registered civil aircraft 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.

By keeping all operating documents, manuals, authorizations and exemptions in a binder

co­located with the GCS, we can meet the intent of the regulations and therefore achieve an

equivalent level of safety.

14 C.F.R. 91.109(a) –Flight Instruction

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.

The majority of sUAS by design are developed with single operational control through the use of

pre­determined GPS enabled waypoints programmed before or during flight in addition to the
use of a single hand held transmitter or control station controlled by the PIC. The design does

not allow for dual controls during flight training and therefore the exemption is requested to train

operators, build experience, and maintain proficiency. An equal level of safety will be achieved

by conducting all training in stile environment. Training sessions will be accomplished

separately from flights conducted for compensation or hire.

14 C.F.R. 91.119 (c) –Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below

the following altitudes: (b) Over any congested area of a city, town, or settlement, or over

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle

within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested

areas. An altitude of 500 feet above the surface, except over open water or sparsely

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to

any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and

weight­shift­control aircraft. If the operation is conducted without hazard to persons or

property on the surface— (1) A helicopter may be operated at less than the minimums

prescribed in paragraph (b) or (c) of this section, provided each person operating the

helicopter complies with any routes or altitudes specifically prescribed for helicopters by

the FAA.

Commercial UAS operations will be conducted at or below 400 ft. AGL. Given the size, weight

and lack of fuel; combined with operation limitations listed below, the operation will be

conducted with a greater level of safety than exists with current manned aviation operations.

14 C.F.R. 91.121 –Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level

of that aircraft, as the case may be, by reference to an altimeter that is set, when

operating...

SUAS are equipped with Global Positioning System (GPS), which provide altitude and

geo­location data to the operator without utilizing an altimeter. Due to this fact, an

exemption is required. GPS are precise within a few feet and combined with fail­safes

and a visual observer the operation will meet an equivalent level of safety.

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

No person may begin 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;

This regulation is written based on the capabilities of a traditional aircraft, which have flight

times of several hours or greater; therefore, with the majority of sUAS which have flight times of

only an hour or less, this regulation would effectively deny the ability of the air vehicle to

operate.
Our UAS display a visual battery alert at 25% at which time the UA will automatically engage the

landing sequence. Based upon that safeguard and the small operational area in VLOS, the

operation can meet an equivalent level of safety.

14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance

Inspections

91.405(a) States:​Each owner or operator of an aircraft—(a) 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

91.407(a)(1) States:​(a) No person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless—(1) It has

been approved for return to service by a person authorized under § 43.7 of this

chapter

91.409(a)(2) States:​(a) Except as provided in paragraph (c) of this section, no

person may operate an aircraft unless, within the preceding 12 calendar months,

it has had—(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter. No inspection performed under

paragraph (b) of this section may be substituted for any inspection required by

this paragraph unless it is performed by a person authorized to perform annual

inspections and is entered as an ‘‘annual’’ inspection in the required maintenance

records.

91.417(a) & (b) States:​(a) Except for work performed in accordance with §§

91.411 and 91.413, each registered owner or operator shall keep the following

records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for the

periods prescribed: (paragraphs 1 –3)

Because our UAS at present do not have airworthiness certificates, these regulations do not

apply and therefore an exemption is required. Pre/Post flight inspections and maintenance will

be conducted in accordance with the manufacturer’s guidance as stated in the operations

manual. In addition, to meet the intent of these regulations, we will maintain daily logs of pre and

post flight inspections. If maintenance is required, a dedicated test flight will be conducted to

ensure safety before resuming commercial operations. All inspection, maintenance and

alterations will be documented and maintained in a record. These actions will meet the intent of

the regulations from which exemption is being requested and lead to an equivalent level of

safety.
II. Commercial Operator/Operation

Initially, I will be the sole operator of the exempted UAS, with subsequent hiring of employees to

follow. I have approximately twelve years of experience operating UAV at an advanced hobby

level. I am currently undergoing training for my private pilot certificate and will not operate

without it. I request that my future employees also be exempt from § 61.113 (a) and (b) allowing

operations of my UAS for compensation or hire, possessing only a private pilot certificate and

3rd class medical. A private pilot certificate will demonstrate a safe and equivalent level of

aeronautical safety, judgment, security and responsibility to operate my UAS.

I am knowledgeable in human factors awareness; crew resource management; and risk

management. I will apply those principles to my operation. For each flight, my employees or I:

­Will contact the controlling air traffic organization to issue a NOTAM.

­Will obtain a preflight briefing from a pilot briefer, DUATS, or similar means.

­Will conduct a comprehensive worksite inspection and analysis, identifying limits of

customer property or authorized access areas.

­Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

­Will operate in those areas only with the consent of the landowner or designated

representative. Will identify potential obstructions or other hazards to safe operation.

­Will clear the area of personnel or bystanders that are nonessential to the operation,

maintaining at a minimum, 500 feet away from non­participating persons.

­Will conduct a preflight safety briefing to Visual Observer (VO) and participating

persons.

­Will at all times yield to manned air traffic.

­Will operate within VLOS of both PIC and VO during daylight hours only.

­Will maintain voice communications with VO and participating persons.

­Will operate under Class D visual flight rules, defined as 500 feet below and 2000 feet

horizontally from clouds with a minimum of 3 statute miles of visibility.

­Will not exceed an altitude 400 feet AGL as determined by the installed GPS.

­Will keep operating documents, manuals, authorizations and exemptions in a binder

located with the GCS.

­Will immediately terminate flight, in the safest manner possible, when safety to persons

or property become compromised.

­Will terminate flight, in the safest manner possible, when unable to comply with these

limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below 400 feet AGL, relief is needed from Section 91.119

(c) and (d). By following these operating standards, the commercial operation will meet an

equivalent level of safety to the regulation in which relief is sought.
III. Unmanned Aircraft System

I seek an exemption to operate various options of UAS. The primary aircraft in our operation for

which we seek exemption is the DJI S1000. We also request exemption to fly: DJI S900, DJI

Inspire, DJI Phantom 3, Freefly Alta, Vulcan UAVs, and Gryphon Dynamics UAVs. All UAS

utilize a similar autopilot system and similar ground control station software (GCS). The UAS will

be flown via a combination of RC control, Tablet GCS, or PC­based GCS. All UAS are GPS

equipped, multirotor helicopters. The UAS are powered by lithium­polymer batteries. The UAS

will carry Go Pro, DSLR, Professional Film Cameras, and data collecting sensory equipment.

The UAS have several fail­safes for loss of RC signal, loss of GPS, and low battery as outlined

in the respective Operation Manuals. The UAS display a visual and emit an audible low battery

alert at 25% at which time the UA will automatically engage the landing sequence. Based upon

that safeguard, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR

conditions.

The UA also has a geofence function, which will be programmed for a maximum altitude of 400

feet AGL and within the lateral boundaries of the worksite. The UAS will not have an installed

barometric altimeter and will rely on GPS to determine altitude and speed. Given the aircraft will

be operated within VLOS with the aid of a VO, I believe the operation can be conducted with an

equivalent amount of safety and therefore request exemption from Section 91.121

Given the size, weight, speed, and controlled operating area associated with the UA to be

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203

(a) and (b) is requested. I seek exemption from § 45.23 Marking of the aircraft. The UA will

display the registration number in the largest practicable lettering. He wished to be exempt from

§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be

conducted according to operations manual and prudent judgment as previously outlined to

determine the integrity and safety of the UAS and associated equipment. Further, I require relief

from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and

91.9(b) (2) requiring an approved flight manual in the aircraft. The UAS will not be operating with

an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to

carry the operating documents so an equivalent amount of safety can be achieved through

keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)
Under § 61.113 (a) and (b) private pilots are limited to non­commercial operations, however I

can ensure my operation will achieve an equivalent level of safety as current regulation because

my UAS do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC

piloting ability, as the psychomotor skills are different. The inherent risks of operating a UAS are

far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an

exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. All UAS

PICs will have logged, in accordance with 61.51 (b), appropriate training on the UA consisting of

25 hours as UAS rotorcraft, 10 hours multirotor UAS or 25 hours as UAS airplane, 10 hours

single­engine as appropriate. PICs will maintain recent flight experience on the UAS. Training

and experience flights will be conducted separate from commercial operations.

PIC Training will consist of:

Pre­flight Tasks

o Assembly and inspection of UAS

o Set­up and configuration of RC radio and GCS

o System checks

Mission Tasks

o Takeoff and landing

o Manual flight modes

o Autonomous flight modes

o Emergency Procedures

Post­flightTasks

o Inspection

o Shutdown

o Disassembly

Other Tasks

o Regulations

o Operating limitations

o Flight planning

V. Public Interest

Given the above stated evidence, procedures, and precautions; I feel that operating my UAS

commercially for the purposes of photography, videography, inspection of infrastructure,

surveying, mapping and photogrammetry, precision agriculture, and scientific & environmental

research will ultimately be in the public interest. These operations, when executed with

prudence, will exceed the current level of safety as the regulations from which I seek exemption.

My operation will allow greater access to commercial aerial services that were not previously

economically feasible for many firms. This will provide a much needed economic uplift to the
community and hence the public. My operation will be conducted with less risk of collateral

damage to persons and property while limiting disruptive noise pollution associated with low

altitude aviation operations.

A major factor to consider regarding the public interest is the current state of UAS operations in

the US. As a manned aviator, the need to integrate UAS into the national airspace system in a

safe, deliberate manner, is always at the forefront of my mind. While not all, many individuals

operate UAS and model aircraft in a reckless manner out of either ignorance or carelessness,

as evidenced by the increasing reports of manned­unmanned incursions and incidents such as

the DJI Phantom that recently crashed on the White House lawn. As the technology becomes

more readily available, the challenges will intensify. By allowing commercial operations, it will

enable communities to become educated in the proper use of this technology. Granting my

exemption will result in a direct extension of these efforts, which is in the public interest.

VI. Summary

Pursuant to Section 333 of PL 112­95 commonly known as the “FAA Modernization and Reform

Act of 2012”, Nassim F. Aoude, hereby applies for authorization to conduct commercial

unmanned aerial systems (UAS) operations for the purposes of photography, videography,

inspection of infrastructure, surveying, mapping and photogrammetry, precision agriculture, and

scientific & environmental research.

Rules in which I seek exemption:

14 C.F.R. Part 21 Subpart H

14 C.F.R. § 45.23(b)

14 C.F.R. § 61.113 and 61.133(a)(1)(ii)

14 C.F.R. § 91.7(a)

14 C.F.R. 91.9(b)

14 C.F.R. § 91.103

14 C.F.R. § 91.109(a)

14 C.F.R. § 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)

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. § 91.417(a) & (b)

Throughout this exemption request, I have shown how my expertise and knowledge with UAS

technology will ensure the public’s best interest is at hand and how my operation will aid in

safely integrating civil UAS into the national airspace system.
Thank you for your consideration,

Nassim Aoude