1 Liquid Aerial

, LLC

Nicholas Paul Lynch

2008 Preuss Road Los Angeles, CA 90034 (310) 980

- 6382 nicklynch@mac.com

December 8 , 2015

U.S. Department of Transporta tion Docket Management System 1200 New Jersey Ave SE Washington DC 20590

Subject: Exemption R equest Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, “Liquid Aerial” hereafter referred to a s "Petitioner" would like to apply for an exemption from the following Code of Federal Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned Aircraft Systems (UAS) for aerial imaging and video and inspections primarily in the South ern California Area.

Liquid A erial requests relief from the following Regulations:

14 CFR Part 21 , Subpart H

14 CFR 45.23 (b) 14 CFR 61.113 (a and b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.1 51

14 CFR 91.203 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a and b)2 Liquid Aerial’s scope of operations may include the following: Event Photography and Videography Real Estate Photography and Videography Aerial Filmmaking a nd Photography Agricultural Inspections General Photogrammetry over air or sea Aerial Surveying/Mapping of Construction Sites

Equipment to be Used : The UAS that Liquid Aerial will principal ly and initially operate is the DJI Phantom 3

Professional . This U AS consists of an unmanned quad

- c opter, high definition camera, 3

- access gimbal, and a mobile ground station

, which includes the flight controller and a paired mobile

device

. The DJI Phantom 3 Professional weighs 1280 grams , and its diagonal length is 590 mm

. Four independent electric motors turn the fixed pitch rotors and are powered by a single Lithium

Pol ymer battery. The DJI Phantom 3 Professional is a commercial off the shelf product currently in use by many other companies operating UAVs commercially under their recently approved 333 exemptions. Additionally, Liquid Aerial is seeking approval to use the DJI Inspire 1 and similar professional UAS from 3DR Robotics, the 3DR Solo.

Some relevant s afety Features of the Phantom 3 Professional include Auto Take Off/Landing,

Return to Home, Fail Safe Intelligent Flight Battery and Vision Positioning System. In addition to these safety features, the Intelligent Orientation Control modes allow more precise control

over the aircraft and include Home Lock and Cou rse Lock features, leading to eve n more predictable and planned flights.

Home L ock allows the UAV to return to an established home point by simple activation on the

controller. The control l ock is an auto pilot type course feature. The vision positioning s ystem allows the aircraft to hover accurately in place even if GPS is unavailable, making it safer and

more stable. Return to Home (Smart RTH, Low Battery RTH, and Failsafe RTH): Smart RTH allows the aircraft, at the touch of a button, to return to the ho me point

, which was pre

- recorded using the GPS upon initialization. Low Battery level failsafe RTH is triggered when the intelligent flight battery is depleted to a pre

- set point. Failsafe RTH will automatically activate if the remote controller signal is lost for more than 3 seconds.

The Phantom 3 Professional has a proven safety record and all information regarding its performance and safety features can be referenced in the safety guidelines. The full user’s

manual

, which includes FCC information, check lists, and graphics supporting the No

- Flight

Zone information

, can be found here: http://www.dji.com/product/phantom

- 3/download

.

In addition, Airmap, a third party company specializing in aviat ion aerial mapping to provide up

to

- date airspace information, including TFR’s and restricted areas, has struck a deal with DJI to incorporate their mapping software into DJI’s controller software. This will provide the user, not only with real time airspa ce informa tion, but will also prevent UAS ’s from entering protected airspace around airports, restricted areas , TFR’s and special events.3 Please see attached documents in support of this petition through the link above : Phantom 3 Professional Safety Gu idelines Phantom 3 Intelligent Flight Battery Safety Guidelines

Public Good Aerial photography/videography for geographical awareness and for real estate marketing and inspections has been around for a long time through manned fixed wing aircraft and heli copters. But for small business owners, its expense has been cost

- prohibitive. Granting this exemption

would allow the Petitioner to provide this service at a much lower cost to the public.

Further more , the small UAS’s

, being utilized in this application will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The operation of the UAS’s are environmentally friendly and promote economic growth by provi ding

information to businesses and indi viduals in the Southern California Area

.

The Petitioner , who currently holds an ATP certificate and flies a Gulfstream GIV as Captain under Part 135 for a premier charter company out of Van Nuys Airport, has over 7,500 hours of flight time and is a former flight instructor. The Petitioner w ill ensure that all of Liquid Aerial’s operations are conducted with the utmost reg ard to safety, minimizing risk and ensuring compliance with all applicable regulations to ensure this exemption will provide a level of s afety beyond the existing rules . The petitioner will only operate in a safe environme nt that is strictly controlled, and will use the UAS within its limitations as prescribed in its manual

This exemption request would permit operation of ultra light

- weigh t, unma nned UASs in predetermined areas away from the general public, airports, heliports and vehicular traffic, under

200 feet AGL, during daylight hours and under visual meteorological conditions (VMC)

. Operation would commence only after carefully revie wing, inspecting and examining the area of

aerial observation

. Petitioner will conduct extensive preflight inspections and protocols, during which safety carries primary importance. Pre

- flight and post

- flight checklist usage will be mandatory. This would a llow for videos and photos within property boundaries for individual homeowner real estate listing . This would also allow for event photography and videography.

14 C.F .R. Part 21, Subpart H: Airworthiness Certificates

14 C.F .R. §91.203 (a) (1) Subpart H , entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated UAS’s, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part11 and §333 of the Reform Act. The Federal Aviation Act ( 49U.S.C.§44701 (f)) and §333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates

that the UAS operated without an airworthines s certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions p roposed.4 The UAS’s to be operated by the peti ti oner are less than 5 kgs w ith maximum payload consisting

of camera , carries neither no persons, carries no explosive or flammable materials including combustible fuels, and operates exclusively within a secur ed area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and mo nitored by both the pilot (PIC)

and or the Visual Observer. The Visual Observer role is designated to act as both the remote sensing controller and secon dary monitor for safety issues. These enhancements to current safety practices and regulations, which already apply to civil aircraft, provide a greater degree of safety to the public and property owners than conventional aircraft operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack o f explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F .R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limit ed;' "restricted;' "light

- sport: "experimental:' or "provisional;' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering will be impossible. Petitioner understands the need for markings and will mark Our UAS’s in the largest possible lettering by placing the word “Experimental” or assigned number or name (based on a request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting

the visual observer will see the markings. Further markings in clude a front LED indica tor light and markings designating forward and aft orientation.

14 C.F .R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command (PIC) §61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the

UAS will not c arry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring a ground crew member to have a private pilot's license rather than a commercial pilot's license to operate this UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no persons on board. The area of operation is controlled and restricted, and all flights are planned and

coordinated in advance. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the present le vel of safety achi eved by 14 C.F .R. §61.113 (a) & (b). Although the principal operat or (Petitioner) holds an ATP Certificate, Liquid Aerial may employ operators in the future who only hold a Private Pilot’s Certificate. Each operator will be trained extensively on the equip ment to include training for emergency operations, pre

- fl ight planning, checklist usage and airspace requirements. Training will be logged in company’s records.5 14 C.F .R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person ma y operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the m anual for maintenance and use of safety check lists prior to each flight, a subset of which are provided in enclosed Supplemental material, an equivalent level of safety will be provided.

14 C.F .R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. §91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is

avail able in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability to carry a physical flight manual on the ai rcraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. Flight Manuals and associated documents may be in electronic format. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700

14 C.F .R. §91.1 03: Preflight Action This regulation requires each Pilot in Command (PIC) to take cer tain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for

the aircraft

, an exemption will be needed. Prior to conducting any flight, Liquid Aerial appointed pilots (operators) will conduct a detailed pre

- flight in spection in accordance with the

manufacturer ’ s instruction manual. The Preflight inspection will not be limited to the UAV and its components but will also include the verifying that the airspace to be operated in will ensure compl iance with FAA regulations

– not in close proximity to any airports, not a congested area, no open air assembly of persons, etc.

The PIC will take all actions including reviewing weather, checking the flight b attery, landing and takeoff area suitability, and checking of NOTAMs and TFRs before initiation of flight. Further, we always use standardized pre

- flight checklists in accordance with manufacturers’

recommendations. If granted an exemption the Petitioner agrees to additional safety procedures

includi ng, but not limited to:

• Keeping our UAS ’s within a radius distance of 2 000 feet from the controller to both aid in direct line of sight visual observation.

• Operate the UAS’s for 10

- 15 minutes per flight; land Our UAS’s according to the

manufacturer’s reco mmended minimum level of battery power.

• Operate o ur UAS’s only within visual line of sight (VLOS) and use the assistance of a visual observer if necessary

• Use the UAS’s flight safety feature s including

- RTH features and ensuring Lost Link capability is ava ilable.

• Conduct all operations under our flight safety protocols6 14 C.F.R. §91.103: Preflight Action

– Cont.

• L og eac h flight and battery use to actively analyze flight data and other sources of

information to constantly update and enhance safety protoc ols

• Always obtain all necessary permissions prior to operation

• Have procedures in place to abort flights in the event of safety breaches or potential danger.

DJI has implemented Firmware updates that limit flight around airp orts, along wit h distance and

altitude limits. As mentioned earlier, Airmap, an aviation mapping software, will be implemented soon. All relevant TFRs and No Fly Zones will be checked prior to each flight to

ensure avoidance. The DJI pilot app

, which is li nked to the flight controller

, includes up to d ate
information on all No

- Fly Zones and communicates this information to the flight controller. The

No

- Fly Zones are divided into Airports and Restricted areas. Using information about these locations, the fli ght controller indicates whether the aircraft is in a no

- fly zone, a restricted altitude flight zone, a warning zone, or a free zone. Motors will not start in a no

- fly zone, and automatic landing will be activated if aircraft approaches a no

- fly zone. Plea se see table detailing

these zones in the attac hed user manual for more detailed explanation of this safety feature.

14 C.F .R. §91.109: Flight Instruction §91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that

is being used for flight instruction unless that aircraft has fully functioning dual controls.

UAS’s and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box t hat communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental

aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing dig ital communications

, which is paired to the UAS

, making it nearly impossible to unintentionally or intentionally have the control communications interrupted.

14 C.F .R. §91.119: Minimum Safe Altitudes The regulation states that over sparsely populated area s the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the UAS would be photography or survey of persons, vessels, vehicles, or structures, it would be necessary to operate closer t han 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned flight path has been established. The aircraft will be operated at a low altitude allowing that if a power u nit fails, an emergency landing can be made without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard t o the persons, vehicles, and structures is minimal compared to manned aircraft, which should be consid ered in granting the exemption.7 14 C.F .R. §91.121 Altimeter Settings §91.121 requires each person operating an aircraft to maintain cruising altitude by reference to

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure:' As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, confi rming the altitude of the launch site shown on the GPS altitude indicator before flight. The pilot in Command (PIC) will also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height. In addition, the Phantom 3

has visi on positioning capability, which is similar to a radar altimeter in a manned aircraft. Visual and ultrasonic sensors scan the ground beneath the quad

- copte r, allowing it to identify its accurate position.

14 C.F .R. §91.151(a): Fuel Requirements for Fligh t in VFR Conditions §91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The battery powering the UAS’s provide up to 23 minutes of flight time, dependent on environmental

conditions and usage patterns. Petitioner's UAS’s will not be able to meet the 30 minute reserve requirement in 14 CPR §91.151. Operating the small UAS’s, in a tightly controlled area where only people and property owners or official representatives who given permis sion for over flights, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS’s

Petitioner believes that an equivalent level of safety can be achieved by monitoring the battery

level and landing as soon as the low battery level warning light is illuminated. If no action is taken for 10 seconds after the low battery indicator warning light illuminates, the Fail Safe Intelligent Battery will automatically activate the return to home feat ure and will return to origin point and land safely. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration The regu lation provides in pertinent part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate ... (b) No person may operate a civil aircraft unle ss the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS’s fully loaded weigh no mor e than 11kg and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS’s. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS’s. Electronic versions of these documents are acceptable. The FAA has issued numerous exemptions to this regulation. A repr esentative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 9816A, and 107008 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operat or or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ;' and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these

section s and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant.

Maintenance will be accomplishe d by the operator in accordance with the manufacturers ’ recommendations or by an approved DJI maintenance provider. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operat e only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 2 00 feet AGL. The Petitioner will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a detailed record of any maintenance performed. A post maintenance test flight will be performed after any maintenance is completed prior to resuming commercial operations.

Summary

The Petitioner believes that the exemption from the above listed Title 14 CFRs is warranted given the nature of UAS flights that will be undertaken, the size & weight of the UAS being operated

, and the safety precautions taken for the general public and the NAS

. This operator will

contrib ute to aviation’s positive evolution by demonstrating lower cost of business services provided, minimal environmental impact , and increased safety for flight crews and ground
property. Due to the similarity of this request with numerous other previously ap proved exemptions, I respectfully request that this exemption be approved in a timely manner.

Thank you for your consideration.

Sincerely,

.

Nicholas Paul Lynch , CEO Liquid Aerial, LLC

FAA ATP Pilot Certificate Number: 2459954