July 25, 2015 

## SublimeAerials, LLC 307 S. Patterson St. Madison, WI 53703 608-712-9449

U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave, SE Washington DC 20590
Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11ofthe Federal Aviation Regulations from: 

### 14 CFR 61.113{a) & 

### (b); 91. 7 

### (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and 

### {2}; 91.417{a) & 

### (b).
Dear Sir or Madam: I am the Sublime Aerials, LLC managing member. I am a private pilot, with ratings in Fixed Wing and Rotorcraft, and Sport Pilot in Weight Shift Control. I respectfully request consideration for an exception to operation ofcommercial UAS operation. We operate SublimeAerials, LLC at the highest level ofsafety possible while lowering the operational risks to the public. We believe training and professional development is imperative for safe UAS operation in the commercial and non-commercial space. We plan to keep our operators highly trained, and look forward to helping the FAA with any research needed for establishing UAS rules and regulations. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Sublime Aerials, LLC, an operator ofUnmanned Aircraft Systems ("UAS") specializingin aerial photography for: yacht photography, land surveying, real estate photography, industrial survey and building inspection, sporting event marketing, agricultural surveying and search operations, is applying for an exemption from the Federal Aviation Regulations ("FARs") to allow commercial operation ofits UASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As described 

### below, the requested exemption would permit the operation ofsmall UAS under controlled conditions. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "
...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is:Name: Attn: Email: Address: Sublime Aerials, LLC justin K. Beck justin@justinkbeck.com 307 S. Patterson St. Madison, WI 53703 608-712

-9449 Phone: Regulations from which the exemption is requested: 

### • 61.113(a) & (b) 

### • 91.7 (a) 

### • 91.103 

### • 91
.119(c) 

### • 91.121 

### • 91.151(a) 

### • 91.203(a) & (b) 

### • 91.405(a) 

### • 91.407(a)(1) 

### • 91.409 (a)(1) & (2) 

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

• The UAS's size, weight, speed, and operational capability • Operation ofthe UAS in close proximity to airports and populated areas • Operation ofthe UAS within visual line ofsight ofthe operator
Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace 

### system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." I d
. §333(c). The Federal Aviation Act expresslygrants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe

### Act, and UASs from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or anysections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Such operations will insure that the UAS will not create a hazard to users ofthe national airspace system or the public. Given the small size ofSublime Aerials, LLC UASs and the environment within which they will operate, Sublime Aerials, LLC UAS operations will adhere to the Reform Act's safety requirements. Additionally, approval ofthis application presents no national security issues. Based on the substantial level ofsafety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant ofthe requested exemption is in the public interest. Accordingly, Sublime Aerials, LLC respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Sublime Aerials, LLC currently operates three different types ofUASs.
• DJI Phantom 2 • DJI Phantom 3 • DJI Inspire 1 The Phantom 

### 2, Phantom 

### 3, and the Inspire 1 are highly successful consumergrade UAS Quadcopters designed to carry a high definition (HD) camera powered by four electric motors. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator andjor PIC to monitor batterylevel, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes ofoperation for either loss ofRC or GPS signal. Altitude can be limited by the onboard flight controller system and maximum altitude can be preprogrammed by the PIC. The flight controller /iPad will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state.

All UAS operations conducted by Sublime Aerials, LLC will:
• Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).• Operate at speeds ofno more than SO knots, can hover, and can simultaneously move vertically and horizontally.

• Only operate its UAS in line ofsight ofthe operator (PIC).
• Limit each operational flight to 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.
• Operated at an altitude ofno more than 400 feet AGL.
• Be operated by a FAA licensed airman with at least a private pilot's certificate and third class medical.

• Be operated at a lateral distance ofat least 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance ofthe operation.
• Require operators (PIC) to check f or any Temporary Flight Restrictions (TFR) by calling 1800 WX Briefor other service for the area ofoperation to make sure they will not violate National Airspace System (NAS).
• Have the capabilityto return to a pre-determined location ifthe UAS loses communications or loses its GPS signal
• Have the ability to communicate ifneeded by Radio or Phone. Operators (PIC) during all UAS operation have the local Flight Standards District Offices (FSDO) and the closest airport control towers phone number and frequency.
• Be entered and tracked in our aircraf t management software
. The software tracks all ofthe components ofthe UAS as well as flight time for the UAS and pilot. It will not allow maintenance to be overflown, thereby enhancing the safety ofthe program.



### DISCUSSION OF EXCEPTIONS REQUESTED 14 C.F.R. § 

### 61.113{a) and (b): PrivatePilotPrivileges andLimitations:Pilotin Command

### Sections 61.113 (a) and {b) limitprivatepilots to non-commercialoperations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based Operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety exceeds that provided by a single individual holdinga commercial pilot's certificate operating a conventional aircraft. The risks associated with the use ofa UAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level ofsafety sought by 14 C.F.R. §61.113 (a) and (b).


### 14 C.F.R. § 91.7 (a) Civil aircraftairworthiness (a) No person mayoperate a civil aircraft unless it is in an airworthycondition. Since no FAA regulatory standard exists for determining airworthiness ofthe UAS, the regulation will need an exemption. SublimeAerials, LLC compliance with our operating documents will be sufficient means for determining an airworthy condition.


### 14 C.F.R. § 91.103: PreflightAction Section 91.103 requires each pilot topreflightan aircraftbefore flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level ofsafety will be provided. The PJC will take all actions, including reviewing weather, flight battery requirements, Notices to Airmen (NOTAM), landing and takeoffdistances, and aircraft performance data before commencement of flight.


### 14 C.F.R. §91.119(c): Minimum SafeAltitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinentpart, that: "
...exceptwhen necessary for takeoff or landing, noperson mayoperate an aircraftbelow the following altitudes:
.....

### {b) Over other than congested areas. An altitude of500 feet above the surface, except over open waterorsparselypopulated areas. In those cases, the aircraft maynotbe operated closer than 500 feet to anyperson, vessel, vehicle, orstructure." Because SublimeAerials, LLC requests authority to operate at altitudes only up to 400 AGL, an exemption is needed to allow such operations.


### 14 C.F.R. §91.121 AltimeterSettings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set: 

### "
...to the elevation of the departure airportoran appropriate altimetersetting 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 equivalentlevel ofsafety will be achieved by the operator, pursuantto the safety checkJist and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.


### 14 C.F.R. § 91.151(a):Fuel Requirements forFlightin VFR Conditions Section 91.151 (a) prohibits an individual from beginning: 

### "aflight in an airplane under VFR conditions unless {considering wind and forecast weather conditions) there is enoughfuel tofly to the firstpointof intended landing, and, assuming normal cruising speed- {1) During the day, tofly after that for at least30minutes; or{2) At night, tofly after that for at least45minutes." The battery powering the UAS provides approximately 30 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be a limiting factor. Given the limitations on the UAS on exemption may be needed.


### 14 C.F.R. §91.203 (a) and(b): Carrying CivilAircraftCertification andRegistration The regulation provides in pertinent part: 

### (a) Except asprovided in§91.715, noperson may operate o civil aircraftunless ithas within itthe following: {1) on appropriate and currentairworthiness certificate. {b) No person may operate o civil aircraft unless the airworthiness certificate required by paragraph (a) of this section ora special flight authorization issued under§91.715 is displayed atthe cabin orcockpitentranceso that it is legible topassengersorcrew.The UAS fully loaded weigh is no more than 55 lbs 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 UASs
. An equivalentlevel ofsafety will be achieved by keeping these documents at the ground control point where the controller (Pie) ofthe UAS will have immediate access to them, to the extent they are applicable to the UAS.


### 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

### (b): Maintenance Inspections These regulations require thatan aircraft operator or owner: 

### "shall have thataircraft inspected asprescribed in subpartEof thispartandshall between required inspections, exceptasprovided in paragraph (c) of thissection, have discrepancies repaired asprescribed in part43 of this chapter
... ,"and othersshall inspect ormaintain the aircraft in compliance with Part43. Given that these section and Part43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operatinghandbook. An equivalent level of safety will be achieved because these UAS are very limited in size and will carry a small payload. I fmechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log book ofany maintenance performed as well as track all flight hours. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalentlevel ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.



### SUMMARY FOR PUBLICATION SublimeAerials, LLC seeks an exemption from the following rules: 

### 14 CFR 61.113{a) & 

### (b); 91.7(a); 91.103; 91.119{c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417{a) & 

### (b). To operate commercially small unmanned vehicle (55 lbs or less) in yacht photography, land surveying, real estate photography, agricultural surveying and search operations. Approval ofexemptions allowing UASs commercial operations in the areas list above will enhance safety by reducing risk. A UAS weighing fewer than 55 lbs. and powered bybatteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board traditional aircraft performing the same function. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall UAS conducted in the strict conditions outlined above, will provide an equivalentlevel ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations.These UASs operate at very slow speeds, close to the ground, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. Privacy All flights will occur over private or controlled areas with the property owner's prior consent and knowledge. Filming will be only ofpeople who have given their consent or otherwise have agreed to be in the area where filming will take place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security) provide more than adequatejustification to grant Sublime Aerials, LLC requested exemption.
Ifyou have any questions or need any additional information, please contact me at 608- 712-9449 orjustin@justinkbeck.com Sincerely, SublimeAerials, LLC 

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Justin K. Beck Managing Member