AIRBORNE APERTURE, LLC

June 22nd, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12­140

Washington, DC 20590

RE: Airborne Aperture LLC’s Petition for Exemption to Operate Unmanned Aircraft Systems for

Aerial Photography, Videography, and Photogrammetry

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14

C.F.R. Part 11, Airborne Aperture, LLC hereby applies for an exemption from the Federal

Aviation Regulations (FARs) listed herein and any other necessary to allow its operation of

small Unmanned Aircraft Systems (UAS) to provide aerial photography, videography and

photogrammetry services. The requested exemption would permit the operation of 3DR Solo

UAS to obtain aerial photographs and video for mapping, surveying, structural inspections,

commercial film & video production, and real estate sales.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would operate in the following manner:

● Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

● Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

● Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

● Aerial inspection/photography of residential/commercial utility infrastructure including but

not limited to electrical power lines, wind turbines and cell towers.

● Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities

or government has requested it by contract or donation.
● The ability to offer training to persons individually or belonging to both private and/or

public organizations that have interests in the use and application of a UAS for the

purpose of the safe operation of a UAS to enhance the safety of the National Airspace

System (NAS) as well as for the protection of the persons and property

As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d)

will provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Airborne Aperture, LLC

Sean Forsgren, President

Email: sean@airborneaperture.io

Phone: 801­244­5319

Address: 1450 Ea. Kensington Ave., SLC, UT 84105

THE UNMANNED AIRCRAFT SYSTEM (UAS)

Airborne Aperture, LLC will operate the 3DR Solo, with the following specifications­

● Weight: 3.3 lbs. (1.5 kg)

● Height: 10 in. (25.4 cm)

● Motor­to­motor dimension: 19in (45.72 cm)

● Maximum speed: 33 mph

● Cruise speed: 18 mph

● Maximum altitude: 328 ft. (100 m)

● Default maximum altitude: 150 ft (45.72 m)

● Range: .5 miles (.8 km)

● Battery: LIthium Polymer, 5200 mAh, 14.8Vdc

● Estimated flight time: 20 minutes

● Autopilot: 3DR Pixhawk 2

● Flight code: ArduPilot Copter

● Control: 3DR Solo Controller

● Wireless communication: 3DR Link 1.0

● Frequency: 2.4 GHz

Given the small size of the UAS and the controlled environment provided the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this application

presents no national security issues. Regarding the level of safety surrounding the proposed
operations and the public benefit, reduction in environmental impacts, including but not limited

to reduced emissions and noise, the grant of the requested exemption is in the public interest.

OPERATIONAL PARAMETERS

● The UAS will weigh less than 55 pounds.

● The UAS will have a maximum operating speed of no more than 50 mph.

● Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual

Observer (VO)

● Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve, or 30 minutes of flight time, whichever occurs

first.

● Flights will be operated at an altitude of no more than 400 feet Above Ground Level

(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 UAS Pilot and Observer.

● The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a

minimum of 20 hours on the designated UAS.

● All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

● All flights will occur in Class G airspace no closer than a 5mile radius of the geographic

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

● The operator will file FAA Form 7711­1, or its equivalent, as modified in light of the

requested exemption, with the appropriate local Flight Standards District Office (FSDO)

no more than 72 hours but no less than 48 hours from planned operation

● The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the

flight operation, and the radius may be reduced to 30 feet based upon an equivalent

level of safety determination, as required under the FOM. With the advanced permission

of the FSDO, operations at closer range may be approved.

● The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

● Written and/or verbal permission and permits will be obtained from territorial, state,

county or city jurisdictions, including law enforcement, fire or other appropriate

governmental agencies.

● If the UAS loses communications with the remote controller or loses GPS signal, the

UAS will have the capability to return to a pre­determined location within a designated

location and land autonomously.

● The UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies.

PRE-FLIGHT CHECKLIST

1. Weather conditions are suitable for VFR flight and wind is 18 mph or less.
2. UAS is on a level surface at a clear launch point at a sufficient distance from yourself

and others.

3. Measure battery voltage to make sure batteries are sufficiently charged before takeoff.

4. Verify that all wiring connections are tight.

5. Inspect rotor arms for cracks, damage, and loose hardware.

6. Check to make sure propellers are secure and free from dirt, cracks and chips.

7. Verify propellers spin smoothly and without obstruction when turned

8. Turn on radio control transmitters and video equipment.

9. Verify full charge for controller battery.

10. Verify all switch positions on the RC transmitters. Generally they are all in the forward

position with the exception of the Mode which should be set to “GPS”

11. Install main battery, verify 100% battery charge, and check balance.

12. Turn on camera equipment. .

13. Ensure Solo app has successful connection to camera

14. Announce your intention to take off by announcing “Take Off”.

DOCUMENTATION

The following documents are attached and provided to support this petition.

● 3DR Solo User Manual Version 2.6.1.1

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONERS SEEK AN

EXEMPTION

A. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command.

These regulations limit private pilots to non­commercial operations. Because the UAS will not

carry a pilot or passengers and be operated within limited areas and altitudes, the proposed

operations can achieve the equivalent level of safety of current operations by requiring the PIC

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to

operate this small UAS.

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

While the UAS will not have an airworthiness certificate in accordance with 14 C.F.R. part 21,

Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in accordance

with 14 C.F.R. § 91.7(b).

C. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas
This regulation establishes safe altitudes for operation of civil aircraft over areas other than

congested areas. Airborne Aperture, LLC (Airborne Aperture) requests relief from this section

with respect to persons involved in the operation as well as vehicles and structures. The UAS

will not be operated above 400 feet altitude. It will be operated in a defined area where people

and buildings will not be exposed to operations without their pre­obtained consent.

D. 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 or an appropriate

altimeter setting available before departure.” As the UAS does not have a barometric altimeter,

an exemption is requested. The UAS Flight Controller utilizes GPS equipment aided by a static

pressure sensor to determine and maintain altitude. The aircraft altitude above the takeoff point

is provided in the video downlink telemetry information and provides sufficient information for

the PIC to maintain altitudes at or below the 400 foot (122 meter) limitations.

April 6, 2015 Page 6

E. 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 wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing, and, assuming normal cursing 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.”

Given that the UAS aircraft only fly for a maximum of 30 minutes and typically carry about 15

minutes of batter power, an exemption is requested. The UAS operations are always conducted

within a few minutes of the takeoff and landing point and within a restricted area. Airborne

Aperture believes that terminating the flight with 25% remaining battery power provides an

equivalent amount of safety that is intended by section 191.151(a).

F. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. § 91.407(a)(1)

Operation after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. §§

91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance Records

These regulations require that an aircraft operator 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 the sections and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the Petitioner. Maintenance will be accomplished by the operator

pursuant to the Owner’s Manuals. An equivalent level of safety will be achieved because these

small UAS are very limited in size and will carry a small payload and operate 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 400 feet AGL. The operator will ensure that the UAS is in
working order prior to initial flight, perform required maintenance and keep a log of any

maintenance performed. Moreover, 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 of

safety. The FAA issued exemption to these regulations in Exemption No. 11062.

Additional Information

The applicant, Sean David Forsgren believes this exemption request and associated safety

considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012,

providing sufficient justification for the granting of commercial operations of the applicant’s

UAS. The applicant, Sean David Forsgren, requests your respective approval of this Section

333 exemption petition request.

Thank you for your attention in this matter. Please notify Sean David Forsgren, of your actions,

and or approvals.

Respectfully Submitted,

Sean D. Forsgren

President

Airborne Aperture, LLC

1450 East Kensington Avenue

Salt Lake City, Utah 84105

Phone: 801­244­5319

SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER

Petitioner​: Airborne Aperture, LLC

Sections of 14 C.F.R Affected​: §§ 61.113(a) and (b); § 91.7(a); § 91.119(c); § 91.121; §

91.151(a); § 91.405(a); § 91.407(a)(1); §§ 91.409(a)(1) and (2); §§ 91.417(a) and (b)

Description of Relief Sought:​​Airborne Aperture, LLC seeks relief from the requirements of 14

C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 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)(1)
and (2); 14 C.F.R. §§ 91.417(a) and (b) to operate small unmanned aircraft systems (UAS) for

the purpose of aerial photography, videography, and photogrammetry.