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11/ 15 /2015 John Talbott and Steve Baker 431 Aerial 4767 Mt. Rose Hwy

. Reno, NV 89511 775

- 771

- 1527 steven45vl@me.com U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave. SE Washington, DC 20590 Dear Sir or Madam: This application is being submitted on behalf of John Talbott and Steve Baker 431 Aerial , also known as 431 Aerial, without legal counsel or consulting services. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, 431 Aerial, operator s of Small Unmanned Aircraft Sy stems (“SUASs”) equipped to conduct aerial photography and videography , hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operatio n of its SUASs, 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 333.1

. As described more full y below, the requested exemption would permit the operation o f SUA S s under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 431 Aerial to conduct commercial operations of small unmanned aircraft sy stems meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. 431 Aerial plan s to exploit the capabilities of Unmanned Aerial Sy stems to offe r a multitude of services, including:

- Aerial surveying/reconnaissance

- Event Photograph y /Videograph y

- Remote sensing for wildlife, forestry or a griculture purposes

- Real Estate Photograph y

- Aerial filmmaking and photograph y

- Facilities inspections and monitoring

- Educational and research operations2

**Statutory Authority** Section 333, titled “Special Rules for Certain Unmanned Aircraft S ys tems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft sy stems may

operate safely

in the national airspace sy stem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidan ce required b y section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of co mmercial UAS operations. **The Petitioner Requests Relief From the Following:** Regulations from which the exemption is requested:
14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 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) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) **Unmanned Aircraft System** SUASs are oftentimes seen as superior to helicopters due to the smaller devices che aper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. 431 Aerial is petitio ning for exemption to enable the operation of a DJ I Inspire One equipped with a 4K/ 1080P camera mounted to a 3 axis 360 degree rotating gimbal and a DJIPhantom 3 Professional equipped with a 4K/ 1080P camera mounted on a 3 axis gimbal. These SUAS have built

- in capabilities to limit the height they fly above the ground, to set the radius of the dist ance they fly from the operator s and from Class B, C and D airspace. The DJ I Inspire One and DJ I Phantom 3 Professional also have a failsafe function of an autopilot sy stem, which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from3

the controller will go to the center position. If the GPS signal is good enough , the s ys tem will automatically trigger Return to Home and will land safel y. **The above specifications meet with the Mo del Aircraft Operating Standards as set**  **below:** • 431 Aerial will only

operate its SUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the Fli ght Operations Procedures Manual . Such operations will insure that the SUAS will "not create a hazard to users of the national airspace s ys tem or the public." • When flying SUAS within 5 miles of an airport, airport operator s will be notified and the operator will give the right of way to avoid fl ying in the proximity of full

- scale aircraft. • Maximum flight time for each operational flight will be 30 minutes. • Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. • The SUAS will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned. • Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer. • The SUAS operated b y the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). • The SUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally

. • Given the small size of the SUAS and the restricted steril e environment within which they will operate, our SUAS operations adhere to the Reform Act's safety requirements. The UA, powered b y batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereb y reduce current risk levels and thereby enhance safety

and diminish the likelihood of death or serious bodily injury . With a small payload and maximum flight time of onl y 30 minutes, this offers little or no risk to national security

. By by passing the need for (often cost

- prohibitive) manned aircraft, the benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buyers and sellers of real propert y.4

Other Remote Sensing applications related to science would like to be pursued. This includes all aspects of identifying, observing, and measuring object(s) without coming into direct contact with them


### . Additionally , 431 Aerial request that we be allowed to use our sy stem s , subject to all limitations cited in this application , to benefit first responders near by if assistance is required . The base

- of

- operations for Ae rial 431 is proximal to vast public

- lands that see heav y recreational use resulting in increased demands for SAR operations in difficult or remote terrain. Furthermore, both applicants have enjoyed long careers as First Responders having built relationship s with the local public agencies including fire fighters, the police, and the sheriff ’s office , et al. Please reference attached letter of endorsement from Fire Chief Mike Brown. 431 Aerial proposes:

a. No flight will be made with a Gross weight exceeding 55 pounds: b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL , at an airspeed of no more than 25 knots and no further than 3 /4 NM from the PIC: c. All operations must utilize a visual observer (VO). The VO and PI C must be able to communicate b y voice at all times during a flight operation: d. Operations will be restricted to flights over private property with the permission of the property owner: e. All required permits will be obtained from state and loca l government prior to operation: f. 431 Aerial will not operate over densel y populated areas:
g. 431 Aerial will not be operating over an y open - air assembl y of people: h. 431 Aerial will not be operatin g over heavil y trafficked roads: i. 431 Aerial will not be operating within 5 NM of an airport or heliport: John Talbott and Steve Baker 431 Aerial respectfully request exemption under Section 333 to enable us to operate efficient, limited, low

- risk commercial SAUS operations for the activities stated , re specting at all times the space and privacy of citizens and property whilst keeping our skies safe. Sincerel y, John Talbott and Steve Baker 431 Aerial 775

- 771

- 1527 steven45vl@me.com5

**EXEMPTION REQUESTS AND EQUIV ALENT LEVEL OF SAFETY**  John Talbott and Steve Baker 431 Aerial requests an exemption from the following regulations as well as any additional regulations that may technicall y apply to the operation of the SUAS: **14 CFR Part 21, Airworthiness Certificates** This part establishes the procedures for the issuance of an airwo rthiness certificate. While the FAA continues to work to develop airworthiness standard s for Unmanned Aerial Sy stems, we request an experimental certificate be issued for both the DJ I Inspire One and DJ I Phantom 3 Professional under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

a. **Research and development.** Testing new aircraft design co ncepts, ne w aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. b. **Showing compliance with regulations.** Conducting flight tes ts and other operations to show compliance with the airworthiness regulations inclu ding 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 experimental certificate can be used for commercial purposes such as market survey s, 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 persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conve ntionall y certificated aircraft performing the same mission. I f an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outl ined in the previous paragraph. **14 CFR 45.23 Display of marks; G eneral and 45.29 Size of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number i n 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, cockpit, or pilot station. The SUAS does not have an entrance in which the word "EXPERIMENTA L" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by inc luding the word6

"EXPERIMENTAL" on a placard on the top of the aircraft, as shown above, where the PI C (Pilot In Co ntrol), VO (Visual Observer) 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 permanent placard discussed in the previous paragraph will provide the aircraft's r egistration information. Finally , we wil l display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircra ft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 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 privileges 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) allows a private pilot to act as pilot in command of an aircraft in connection with any bus iness or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. We feel that we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. **14 CFR 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 CF R 91.9 Civil aircraft flight manual, marking, and placard requirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual i nformation is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew durin g flight operations. To obtain an equivalent level 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 an yt ime the aircraft is in, or preparing for, flight.
**14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight**  **tests.** The regulation states, "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has full y functioning dual controls." The SUA S Sy stem ground

- based control station consists of a small hand

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

- on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safet y. **14 CFR 91.119 Minimum safe altitudes ;**  **General.** The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the ty pical mission of the SUAS would be photograph y or survey of persons, vessels, vehicles or structures it would be necessary to7

ope rate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- flight planning has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or prop erty on the surface. Therefore, we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures are minimal compared to manned aircraft, which shoul d be considered in granting the exemption. **14 CFR 91.121 Altimeter settings.** The regulation requires that aircraft shall maintain cruising altitudes by

reference to an altimeter setting available within 100 NM of the aircraft. The SUAS will alway s fl y below 400 feet AGLand will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the launch and recovery point is transmitted via radio from the SUAS on

- board computer t o the display scre en held by

the PIC, providing a constantly

updated AGL readout. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides 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 to landing. The SUAV is battery operated and the maximum duration of flight from a single battery charge is 24 minutes with a 20% reserve. Since the aircraft will never fl y more than 3/4 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 ". **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certif icate, 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." At a maximum gross weight of 5.3 pounds, the SUAS is too small to carry documentation, does not have an entrance, and is not capable of carryingpassengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for these aircraft b y the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In o rder to identify the aircraft, we propose that the informat ion found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **14 CFR Subpart E (91.401**
**- 91.417)** 
**- Mai**  **ntenance, Preventi ve Maintenance,**  **Alterations**
**.** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service b y a person authorized under 43.7" after maintenance and inspection. It is our8

intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return t o service." The PI C will ensure that the aircraft is in an airworthy conditi on prior to every flight and in addition conduct detailed inspections after every

two hours of flight. Maintenance performed by the PI C is limited to repairing small cracks, replac ing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed b y the manufacturer or their designated repair facility . The PIC will document work performed in accordan ce with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety

. **Safety and Benefits of the UAS** 431 Aerial will be using the SUAS in a variety of appl ications that generally req uire expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer a my

riad of benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film a nd still photograph y, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting 431 Aerial’s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. We are committed to promoting the UAS research efforts of policy makers inclu ding the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition.
**Conclusion** As pointed out in this application, all the SUASs which our compan y proposes to use, under authorization by

the US DOT

- FAA, are small, lightweight devi ces operated within the line of sight of the Pilot

- in

- Command (PI C), less than 400 feet above the ground and outside 5 miles from any

airport, helipo rt, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.
Our SUASs have proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. Iam certain that the studies conducted until n ow by the FAA, about Section 332 , Public Law 112

- 95, 2014, have already provided you with the assurances on the airworthiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein sho uld be granted and John Talbott and Steve Baker 431 Aerial should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate b y the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUASs may

be used for legitimate commercial activities and under reasonably safe conditions.9