US Department ofTransportation Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation June 14, 2015 

### EMMULLC Dave Albert Crago 1579 Outrigger Circle Rockledge, Florida 32955 U.S. Department ofTransportation DocketManagement System 1200 New Jersey Ave., SE Washington DC 20590 Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, 

### EMMULLC, an operator ofUnmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofdesignated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Thank you in advance for your consideration. Commercial operation ofan UAS, as described herein, which are equipped with camera(s) gimbals and sensors, wouldprovide professional services in the following areas: 1. Aerial inspection, photography and video for real estate, architecture, land surveying, commercial utility infrastructure, yachts and otherrelated professional activities. 2. Aerial video andphotography for television, outdoor sporting events, public events, cinematography and news gathering. 3. Aerial video and photography to assist with search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 4. Training to persons individually orbelonging to both private and/or public organizations to increase awareness and improve safety for current and future UAS operations within the NAS. As described fully below, the requested exemption would permitthe operation ofdesignated UAS as set forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awarenessofUAS operations and enhance safety to aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." The name and address ofthe applicant is: 

### EMMULLC Attn: Dave Albert Crago, Email: cragod1@gmail.com Address: 1579 Outrigger Circle Rockledge, Florida 32955 Ph: 407 690-8319 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)(l) 91.409 (a)(l) & (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 ofTransportation 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 Secretary is required to determine which types ofUAS do not create a hazard to users ofthe NAS orthe public orpose a threatto 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." Id. §333(c). The Federal Aviation Act expressly grants 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 any sections 44702-44716 ofthis title iftheAdministrator finds the exemption in the public interest. 49 U.S. C. §44701(±) 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 orthe public. Given the small size ofEMMU LLC UASs and the environment within which they will operate, EMMU LLC UAS operations adhere to the Reform Act's safety requirements. Additionally, approval ofthis application presents no national security issues. Based onthe 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, EMMU LLC respectfully requests that the FAA grant the requested exemption without delay. Dave Albert Crago, DBA "EMMU LLC" is comprised ofmembers with the equivalent ofa FAA Private Certificate or higher and pastmilitary and government agency UAS operations experience adding an additional layer ofhigh regard for safe operations as well as the necessary high-level of understanding ofthe NAS and FARs and will operate one ormore ofthe following model UAS: 

## on Phantom 3 Professional DJI Spreading Wings S800 EVO DJI Spreading Wings SlOOO The Phantom 3 is a highly successful consumer grade UAS Quadcopter designed to carry a high definition (liD) camerapowered 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 controlledprimarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmi tted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. Ithas failsafe modes ofoperation for either loss ofRC or GPS signal. Altitude can be limited by the on board 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. The Spreading Wings S800 EVO is a new generation ofhex-rotor platform designed for professional aerial photography. Amongst other design features, it has a strengthened and rigid frame structure, strong and stable power system and also an efficient and abundant power reserve, all ofthese features make the S800 EVO a perfect choice for commercial and industrial AP applications. The S800 EVO is a new generation ofhex-rotorplatform designed for professional aerial photography. Amongst other design features, it has a strengthened and rigid frame structure, strong and stable power system and also an efficient and abundant powerreserve, all·ofthese features make the S800 EVO a perfect choice for commercial and industrial AP applications. The Spreading Wings SIOOO is a UAS octocopter designed for professional aerial photography and cinematography. It is user friendly, safe, stabilized and easy to fly while its integrated design makes assembly and configuration simple and fast. Retractable landing gear, vibration dampers, small frame arm incline and minimalized gimbal mount allows for a clear 360 degree view from the camera. An integrated powerhub withpatented coaxial connectors, built-in high-speed ESCs and motors withhigh efficiency propellers ensure dynamic stability and maximized power efficiency. Used with a professional DJI multi-rotor autopilot system, the SIOOO can hover and fly reliably making it ideal for photography and cinematography. Combined with a DJI flight controllers, it is guaranteed to remain stable even with the loss ofa rotor. Given the small size ofthe UAS in scope and the controlled environmentprovided, the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grant the requested exemption. All 

### VAS operations conducted by EMMU LLC will:

• Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• Operate at speeds ofno more than 50 knots, canhover, 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% batterypower reserve should that occurpriorto 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, orpeople not associated with the operation or who have not signed a waiver in advance ofthe operation.

• Require operators (PIC) to checkfor any Temporary Flight Restrictions (TFR) by calling 1800 WX Briefand a current sectional chart for the area ofoperation to make sure they will not violate National Airspace System (NAS).

• Have the capability to 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 aircraft management software. The software t racks all ofthe components ofthe 

### VAS as well as flight time for the 

### VAS and pilot. It will not allow maintenance to be overflown, thereby enhancingthe safety ofthe program.

### DISCUSSION OFEXCEPTIONS REQUESTED 14 C.F.R. § 61.113{a) and (b): PrivatePilotPrivileges and limitations: Pilot in Command Sections 61.113 (a) and {b) limitprivatepilots to non-commercial operations. Because the UAS will notcarry apilotorpassengers, theproposedoperations can achieve the equivalentlevel of safety of currentoperations by requiring the PIC operatingthe aircraft to have aprivate pilot's license rather than a commercialpilot' 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 holding a 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 soughtby 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.7(a) Civilaircraft airworthiness (a) Noperson mayoperate a civil aircraft unless it is in an airworthy condition. Since no FAA regulatory standard exists for determining airworthiness ofthe UAS, the regulation will need an exemption. 

### EMMULLC compliance with our operating documents will be sufficient means for determining an airworthy condition. 

### 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires eachpilottopreflightan aircraft before flight to insure the safttyof flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level ofsafety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, Notices to Airmen (NOT AM), landing and takeoffdistances, and aircraft performance data before commencement offlight. 

### 14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119provides, in pertinentpart, that: "

... exceptwhen necessary for takeoff or landing, noperson mayoperate an aircraft below the following altitudes:

... ..

(b) Over other than congestedareas. An altitude of 500 feet above the surface, except over open water orsparselypopulatedareas. In those cases, the aircraft may notbe operatedcloser than 500 feet to anyperson, vessel, vehicle, orstructure." Because 

### EMMU 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 Altimeter Settings 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 airport oran appropriate altimeter settingavailable before departure." As the VAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning: "a

flight in an airplane under VFR conditions unless (considering windandforecastweather conditions) there is enough fuel to fly to thefirstpointof intendedlanding, and, assumingnormal cruisingspeed- (1) Duringthe day, to fly after that far at least30 minutes; or (2} Atnight, tofly after that for at least45 minutes. " The battery powering the UAS provides approximately 30 minutes ofpowered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limiting factor. Given the limitations on the UAS on exemption may be needed. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinentpart: (a) Except asprovidedin§ 91.715, noperson mayoperate o civil aircraft unless ithas within it the following: {1} on appropriate andcurrentairworthiness certificate

.

{b) Noperson may operate a civil aircraft unless the airworthiness certificate requiredbyparagraph (a) of this section ora special flight authorization issued under §91. 715 is displayedatthe cabin or cockpit entrance so that it is legible topassengers or crew. The UAS fully loaded weigh is no more than 55lbs and is operated without an onboardpilot. As such, there is no ability orplace to carry certification and registration documents orto display them on the UASs. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the controller (PIC) 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 that an aircraft operator or owner: "shall have that aircraft inspectedasprescribed in subpartE of thispartandshall between required inspections, exceptasprovidedinparagraph (c) of this section, have discrepancies repairedasprescribedinpart43 of this chapter

... , "andothers shall inspector maintain the aircraft in compliance with Part 43. Given thatthese 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 operatorpursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved because these UAS are very limited in size and will carry a small payload. Ifmechanical 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 orderpriorto initiating flight, perform required maintenance, and keep a Jog 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 equivalent level 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 orderpriorto initiating flight and perform required maintenance needed. SUMMARY FORPUBLICATION EMMU 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)(l); 91.409 (a)(l) and (2); 91.417(a) &(b). To operate commercially small unmanned aircraft systems (55lbs or less) for aerial inspection, photography and video for real estate, architecture, land surveying, commercial utility infrastructure, yachts and otherrelated professional activities; aerial video and photography for television, outdoor sporting events, public events, cinematography and news gathering; aerial video and photography to assist with search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract ordonation; training to persons individually or belonging to both private and/or public organizations to increase awareness and improve safety for current and future UAS operations within the NAS. 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 by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board traditional aircraftperformingthe 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 of small UAS conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 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 overprivate orcontrolled 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 criteriaprovided in Section 333 ofthe Reform Act of2012 (size, weight, speed, operating capabilities, proximity to airports and populatedareas and operation within visual line ofsight and national security) provide more than adequate justification to grant 

### EMMU LLC requested exemption. Ifyou have any questions or need any additional information, please contact 

### ine at 407 690-8319 cragod1@gmail.com Sincerely, 

### EMMULLC**~-:>' ···** **--~-·~,~"**

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# . Dave Crago Managing Member