## CURRAN & CURRAN LAW

90 NORTH COAST HIGHWAY 101

. SUITE 103. ENCINITAS. CALIFORNIA 92024 TELEPHONE 760. 634. 1229 FACSIMILE 760. 634. 0729

October 7, 2014

U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 MICHAEL D. CURRAN, ESQ., ATP SUSAN M. CURRAN, ESQ.

Re: Exemption Request; Section 333 ofthe FAA Modernization 

### &Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) 

### &(b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) 

### &(b). Dear Sir or Madam: PetitionerAerial Production Services, Inc., hereby petitions the Secretary of Transportation and Federal Aviation Administration ("FAA") for exemption to the above referenced and below morefully described Federal Aviation Regulations, ("FARs") that currently may or may not applyto the recreational/ business operations ofmodel aircraft including small unmanned aerial vehicles/systems ("SUAVS"). 1. Prefatory Statementto Petition In June, 1981, the FAA published an advisory circular, AC 91-57, (an advisory publication giving non-regulatory information/guidance. Advisory circulars do not create or change regulations and are not binding on the public.) AC 91-57 was entitled "Model Aircraft Operating Standards" and gave non-regulatory suggestions to model aircraft operators on suggested proceduresfor operating their models. This was the sole publication by the FAA which addressed model aircraft, SUAVforthe next nearly 25 years. In September2005, the FAA appeared to turn its' attention toward unprecedented attempts at regulating model aircraft specificallythe more modern SUAVS. The FAA, forthe first time in history nowtermed these devises as Unmanned Aerial Systems ("UAS") seemingly to align with their attempts at enforcement. The FAA published "AFS-400 UAS POLICY 05-01 -Unmanned Aircraft Systems Operations in the U.S. National Airspace System- Interim Operational Approval Guidance." This interim internal FAA memo expressly confirms that "[t]his policy is not meant as a substitute for any regulatory process." Still, it purported to "require" a Certificate ofAuthorization ("COA") orWaiverto use SUAVS. The new FAA policy relied for legal/regulatory "authority" on the non-regulatory, AC 91-57.



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In February, 2007 the FAA, published a 2007 "policy statement" in the Federal Register. The 2007 Policy Statement starts by defining "unmanned aircraft" as "a device that is used or intended to be used, forflight in the airwith no onboard pilot" and it purported to include "a remotely controlled model airplane used for recreational purposes." The FAAtermed these devices UAS and then purported to articulatethe new FAA "policy" for "UAS" operations was that "no person may operate a "UAS" in the National Airspace System without specific authority." Forthe first time ever, the 2007 Notice purported to articulate two new alleged "rules": (1) Model aircraft can no longer be operated for a "business" purpose; and (2) a Model aircraft operated for a business purpose requires a COA, orspecial Certificate ofOperating Authority and therefore is subjectto the FAR's. Thereafter beginning in 2007 and continuing to present apparently based on these two new FAA internal "policies" and without citing to any actual federal law, or FARs, the FAAthen sentvarious cease and desist notices to model aircraft SUAVS operators describing the COA process and threatening to impose a $10,000 fine ifthey did not comply with the new FAA policies which the FAA indicated created a "ban" on using SUAVS for an "business purpose." In 2012, following the FAA's attempts to regulate using internal policy memos, Congress enacted the Federal Aviation Administration Reform and Modernization Act, ["FRMA"]. The FRMA allows the Secretary ofTransportation to "exempt" SUAVS from existing Federal Law, FARs to the extent anyfederal law or FAR actually currently applies to SUAVS. As the Secretary/FAA are no doubt aware these issues are presently pending before the NTSB full panel ofJudges in Pirkerv. FAA, Docket No. CP-217. Pending the NTSB president setting decision in the Pirker case, Petitioner respectfully makes this request as suggested bythe FMRA and the FAA. See http://www.faa.gov/news/press_releases/n ews_story.cfm?newsld=16294. In the only other case in historywhere the FAA's attempts to regulate ModelAircraWUAVs has been tested, in Texas Equuisearch v. Federal Aviation Administration, the U.S. Court ofAppeals forthe District ofColumbia Circuit, Case No. 14- 1061, the Court ruled that FAA informal email/mail orders attempting to enforce its Model Aircraft/UAVs internal policies are not legally binding. Most recently, Petitioner is aware the FAA has granted similarexemptions for aerial photography in Alaska and is on the verge ofgranting similar exemptions forthe Motion Picture Association ofAmerica ("MPAA") on behalfofseven UAV camera operators. Petitioner at all times has and operates his SUAVS following the safety guidelines ofAC 91-57. 

### 2. Petition for Exemption With that preface, pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 ("FMRA") and 14 C.F.R. Part 11, Aerial Production Services, Inc., developerand operator of Small Unmanned Aerial Vehicles ("SUAVS") equipped to conduct aerial photography/Inspection/ included but not limited to the following Commercial Operations:



### Page 2 of 19

### .•

• Real Estate listings • Yacht brokerage/listings • Private events: weddings, parties, etc

... • Commercials/promotionsfor businesses, communities, golfcourses, marinas, resorts, etc

... • Agriculture: imaging for crop health and/or production estimates • Private land owners: pictures/video oftheir property • As needed/requested to support law enforcement and/orfirst responders Petitioner hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its SUAVs, so long as such operations are conducted within and underthe conditions outlined herein oras may be established bythe FAA as required by Section 333. As described more fully below, the requested exemption would permitthe operation of SUAVS undercontrolled conditions in airspace that is 1) limited 2) predetermined; and 3) controlled as to access. The exemption would also provide safety enhancements to the already safe operations within the aerial photography industry presently using conventional aircraft and small, unmanned and relatively inexpensive SUAVS. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAAAdministrator's) responsibilities to"

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe FMRA. 3. Name and Address ofthe Petitioner Aerial Production Services, Inc. Attn: David Sotiros 1564 Hallwood CT. Crofton, MD. 21114 (410) 212-2599 Email: dave@crumanagementgroup.com 4. Regulations Petitioner Petitions for Exemption, IfSuch Regulations Apply to SUAVS

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) 

### &(b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 

### &(b)



### Page 3of 19 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 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 considerwhether certain unmanned aircraft systems may operate safely in the national airspace system ("NAS") before completion ofthe rulemaking required under Section 332 of the FMRA. In making this determination, the Secretary is required to determinewhich types of SUAVS/UAS do not create a hazard to users ofthe NAS, orthe public, or pose athreatto national security in light ofthe following: A. The SUAVS size, weight, speed, and operational capability; B. Operation ofthe SUAVS in close proximityto airports and populated areas; and C. Operation ofthe SUAVS within visual line ofsight ofthe operator. FMRA § 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." /d. §333(c) (emphasis added). The Petitioner interprets this provision to placethe duty on the Secretary/FAAAdministratorto not only process applicationsfor exemptions undersection 333, butforthe Secretary/Administratorto affirmatively craft conditions forthe safe operation ofthe SUAVS, if itshould be determined thatthe conditions setforth herein do notfulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the Secretary/FAAAdministratorthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§40101 ofthe Act, which currently may or hereafter may include SUAVs, from the requirementthat all civil aircraft must have a current airworthiness certificate. The Secretary/FAAAdministrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Secretary/FAAAdministratorfinds the exemption in the public interest. 49 U.S.C. §44701 (f) See also49 USC §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1). The Aerial Production Services, Inc. SUAVS are multi-rotorcraft equipped as follows;

• The most innovative, safe and reliable craft available • Similarto Phantom 2, s1000 (multi-rotor, > 551bs, 5-40 KIAS) • 9" carbon fiber props for more efficient airfoils • Naza-M, A2 flight controllers with GPS waypoint navigation for increased safety • GoPuck 5x for increased battery power; reducing risk of lost power • Anti-gravity motors • Long Range FPV • Minimum of4 extra (charged) batteries and 2 battery chargers on hand perflight • Larger UAS (such as the s1000) will have a second controller used only for filming/directing the camera

...leaving operators sole focus on safe operation ofthe craft Theywill operate, under normal conditions, at speeds of 5-40 KIAS and at speed of no morethan 50 KIAS and have the capabilityto hover and move in the vertical and horizontal plane independently/simultaneously. Theywill operate in line ofsight and will operate only 

### Page 4 of 19within the areas described herein. Such operations will insure that the SUAVS will "not create a hazard to users ofthe NAS orthe "public" as described in the FMRA §333(b). Given the small size ofthe SUAVS involved, and the limited environmentwithin which they will operate, the Petitionerfalls squarelywithin that zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofSUAVS to commence immediately. Also, due to the size ofthe SUAVS and the restricted areas in which the relevant SUAVS will operate, approval ofthe application presents no national security issue. Given the clear direction in FMRA §333, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts (including reduced emissions associated with allowing SUASVforfilming operations ratherthan full-sized aircraft, the grant ofthe requested exemptions is in the public interest. Accordingly, the Petitioner respectfully requests that the FAA grantthe requested exemption without delay. 5. Limitations and Conditions The Petitioner proposes that the exemption requested herein be issued pursuant the limitations and conditions listed herein. These conditions/limitations provide for an even higher level of safety to operations under the current regulatory structure which apply to actual certificated aircraft because the proposed operations represent a safety enhancement to the already very safe SUAV's filming operations conducted by recreational SUAVS and conventional aircraft. Petitioner's primary Missions include but are not limited to the following;

• Real Estate listings • Yacht brokerage/listings • Private events: weddings, parties, etc

... • Commercials/promotions for businesses, communities, golfcourses, marinas, resorts, etc

... • Agriculture: imaging for crop health and/or production estimates • Private land owners: pictures/video oftheir property • As needed/requested to support law enforcement and/orfirst responders Petitioner's primary locations shall be primarily in Maryland and the Northeast US region These limitations and conditions to which Aerial Production Services, Inc., LLC agrees to be bound when conducting business/commercial operations underthis FAA issued exemption are consistent with the Administrators grant of Exemption to the MPAA include: 1. The SUAV mustweigh less than 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this grant ofexemption are limited to the following 

### Page 5of 19aircraft: DJI Phantom 2, DJI s800/1000, or similar SUAVs. Proposed operations ofany other aircraftwill require a new petition or a petition to amend this grant. 2. The SUAV may not be flown at a speed exceeding a ground speed of50 knots. 3. Flights must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator's manual. All altitudes reported to ATC must be in feetAGL. 4. The SUAV must be operated within visual line ofsight (VLOS) ofthe Operatorat all times. This requires the Operatorto be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued medical certificate. 5. All operations must utilize a visual observer (VO). The VO may be used to satisfythe VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 6. The operator's checklist is considered acceptable to the FAA, provided the additional requirements identified in these conditions and limitations are added oramended. The operator's checklist and this grant ofexemption must be maintained and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the checklists the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mustfollow the procedures as outlined in its checklists. The operator may update or revise its operator's checklists. It is the operator's responsibilityto track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment. Ifthe operator determines that any update or revision would affectthe basis forwhich the FAA granted this exemption, then the operator must petition for amendmentto their exemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions to the operator's manual. 7. Priorto each flightthe PIC must inspectthe SUAVto ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe SUAV, the aircraft is prohibited from operating until the necessary maintenance has been performed and the SUAV is found to be in a condition for safe flight. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any SUAVthat has undergone maintenance or alterations that affectthe UAS operation orflight characteristics, e.g. replacement ofaflight critical component, must undergo a functional testflight in accordance with the operator's manual. The PIC who conducts the functional testflight must make an entry in the UAS aircraft records ofthe flight. The



### Page 6of 19requirements and procedures for a functional testflight and aircraft record entry must be added to the operator's manual. 9. The operator mustfollowthe manufacturer's SUAV aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator's manual. At a minimum, the following must be included in the operator's manual:

a. Actuators 

### I Servos b. Transmission (single rotor) c. Powerplant (motors) d. Propellers e. Electronicspeed controller f. Batteries g. Mechanical dynamic components (single rotor) h. Remote command and control i. Ground control station (if used) j. Any other components as determined bythe operator 10.The Operator In Command (OIC) must possessed a certificate ofgraduation from a pilot training course conducted by an FAA-approved pilot school, ora statement of accomplishmentfrom the school certifying the satisfactory completion ofthe groundschool portion and at least a current third-class medical certificate. 11.Priorto operations conducted forthe purpose of motion picturefilming (orsimilar operations), the OIC must have accumulated and logged, in a manner consistentwith 14 CFR 

### § 61.51 (b), a minimum of25 hours oftotal time as a SUAV rotorcraft pilot and at leastten hours logged as a SUAV pilotwith a similar SUAVtype (single blade or multirotor). Prior documented flight experience thatwas obtained in compliance with applicable regulations maysatisfythis requirement. Training, proficiency, and experience-building flights can also be conducted underthis grant ofexemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience-building flights, all persons not essential forflight operations are considered non-participants, and the OIC must operate the SUAVwith appropriate distancefrom non-participants in accordance with 14 CFR 

### § 91.119. Priorto operations conducted for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a mannerconsistentwith 14 CFR 

### § 61.51 (b), a minimum of five hours as SUAV pilot operating the make and model ofSUAVto be utilized for operations underthe exemption and three take-offs and three landings in the preceding 90 days. Training, proficiency, experience-building, and take-offand landing currency flights can be conducted underthis grant ofexemption to accomplish the required flight time and 90 day currency. During training, proficiency, experience-building, and take-off and landing currency flights all persons not essential forflight operations are considered non-participants, and the OIC must operate the UAwith appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119. Page 7of 1912. Priorto operations conducted forthe purpose ofmotion picture filming (or similar operations), aflight demonstration, administered by an operator-approved and -qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by theAdministrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support ajurisdictional FAA FSDO evaluation and approval ofcompany designated examiners, the petitionerwill conduct these tests in accordance with the operator's manual. 13.The SUAV may not be operated directly over any person, except authorized and consenting production personnel, below an altitude that is hazardous to persons or property on the surface in the event ofa UAS failure or emergency. 14. Regarding the distance from participating persons, the operator's manual has safety mitigations for authorized and consenting production personnel. At all times, those persons must be essential to the closed-set film operations. Because these procedures are specificto participating persons, no further FSDO orAviation Safety Inspector (ASI) approval is necessaryfor reductions to the distances specified in the petitioner's manuals. This is consistentwith the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate ofWaiverforMotion Picture and Television Filming. 15.The SUAV may not be operated directly over any person, except authorized and consenting production personnel, below an altitude that is hazardous to persons or property on the surface in the event ofa UAS failure oremergency. 16. Regarding distance from non-participating persons, the OIC must ensure that no persons are allowed within 500 feet ofthe area exceptthose consenting to be involved and necessaryforthe filming production. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and theAdministrator has approved it. For example, an equivalent level ofsafety may be determined by an aviation safety inspector's evaluation ofthe filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect non-participating persons (observers, the public, news media, etc.) from debris in the event ofan accident. This is also consistentwith the same FAA Order 8900.1, V3, C8, S1. 17.1fthe SUAV loses communications or loses its GPS signal, the SUAV must return to a pre-determined location within the security perimeter and land or be recovered. 18.The SUAV OIC must abort the flight in the event of unpredicted obstacles or emergencies. The Operator shall carry/use appropriate LIPO battery protective bags and fire extinguishing equipment. 19. Each SUAVoperation must be completed within 30 minutes flight time orwith 25% battery power remaining, whichever occurs first. 

### Page 8of 1920.1n addition to the conditions and limitations proposed by the operator, the FAA has determined that any operations conducted underthis grantofexemption must be done pursuantto the following conditions and limitations: 21.The operator must obtain an AirTraffic Organization (ATO) issued Certificate ofWaiver orAuthorization (GOA) priorto conducting any operations underthis grant ofexemption. This GOAwill also require the operatorto request a Noticeto Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours priorto the operation. 22.AII aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23.The OIC must develop procedures to document and maintain a record ofthe UAS maintenance, preventative maintenance, alterations, status ofreplacement/overhaul component parts, and the total time in service ofthe SUAV. These procedures must be added to the operator's manual/checklists. 24. Each SUAVoperated underthis exemption must complywith all manufacturer Safety Bulletins. 25.The OIC mustdevelop SUAVtechnician qualification criteria. These criteria must be added to the operator's manual/Checklists. 26.The preflight inspection section in the operator's checklists manual must be amended to includethe following requirement: The preflight inspection must accountfor all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe SUAV must complywith the Federal Communications Commission (FCC) orother appropriate government oversight agency requirements. 28.At leastthree days before scheduled filming, the operator ofthe SUAV affected by this exemption must submit awritten Plan ofActivities tothe local FSDO with jurisdiction overthe area ofproposed filming. The 3-day notification may be waived with the concurrence ofthe FSDO. The plan ofactivities must include at leastthe following:

a. Dates and times for all flights b. Name and phone numberofthe operatorforthe SUAVfilming production conducted underthis grantofexemption c. Name and phone numberofthe person responsible forthe on-scene operation ofthe SUAV d. Make, model, and serial or N-numberof UAS to be used 

### Page 9of 19e. Name and certificate number ofSUAVOICs involved in the filming production event f. A statementthat the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list ofthose who gave permission must be made available to the inspector upon request. g. Signature ofexemption-holder or representative h. A description ofthe flight activity, including maps or diagrams ofany area, city, town, county, and/or state overwhich filming will be conducted and the altitudes essential to accomplish the operation 29.The documents required under 14 CFR § 91.9 and§ 91.203 must be available to the OIC at the ground control station ofthe UAS anytime the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 30.The SUAV must remain clear and yield the right ofwayto all other manned operations and activities at all times (including, but not limited to, ultra lightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 31.SUAVoperations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted undervisual meteorological conditions (VMC). Flights underspecial visual flight rules (SVFR) are not authorized. 32.The SUAVcannot be operated by the PIC from any moving device orvehicle. 33.The SUAV may not be operated less than 500 feet below or less than 2,000feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 34.The SUAV may notoperate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles ofthe geographic center ofa non-towered airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreementwith that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter ofagreementwith the airport management must be made available to the Administrator upon request. 35.Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Furtherflight operations may not be conducted until the incident, accident, ortransgression is reviewed by AFS-80 and authorization to resume operations is provided. Unless otherwise specified in this grant ofexemption, the UAS, PIC, and operator must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.



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### 6. Description of Regulations Which May Apply From Which Petitioner Requests Exception 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 with the SUAVS to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe FMRA. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular SUAVS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 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 withoutthe restrictions and conditions proposed. The SUAVS to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the PIC/Operator and will also remain within the requirements of, and in compliance with, local public safety requirements. These safety enhancements, which already apply to civil aircraft provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 

### 14 C.F.R. § 45.23 (b). Marking ofthe 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 "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the SUAVS will have no airworthiness certificate, an exemption may be needed as the SUAVS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the SUAVS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the SUAVS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the

Page 11 of 19SUAVS will see the identification of the SUAVS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) 

### &(b) limit private pilots to non-commercial operations. Because the SUAVS is unmanned and will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a FAA ground school rather than a commercial pilot's license to operate this small SUAVS. Unlike a conventional aircraftthat carries the pilot and passengers, the SUAVS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety provided by the requirements included herein exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the SUAVS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the SUAVS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) 

### &(b). 14C.F.R. §91.7(a): Civil aircraftairworthiness. The regulation requires that no person may 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 ofthe aircraft and the requirements contained herein forthe use ofsafety check lists priorto each flight, an equivalent level ofsafetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 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 available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The SUAVS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the SUAVS operation manual and appropriate checklists atthe ground control point where the pilot flying the SUAVS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700. 14C.F.R. § 91.103: Pre-flight action 

### Page 12 of 19

### This regulation requires each pilot in command to take certain 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. An equivalent level of safety will be provided as set forth hereinabove. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight using appropriate checklists. 14 C.F.R. §91.109: Flight instruction: 

### Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. SUAVs and remotely piloted aircraft, by theirdesign do not have fully functional dual controls. Flight control is accomplished through the use ofa radio transmitterthat communicates with the aircraftvia a receiver in the SUAVS. The FAA has approved exemptionsforflighttraining withoutfully functional dual controls for a number ofaircraft and forflight instruction in experimental aircraft. See Exemption Nos.5778K & 

### 9862A. The equivalent level ofsafety provided by the fact that neithera pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum safe altitudes 

### Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. This exemption is for a SUAVS and the exemption requests authorityto operate at altitudes up to 400 AGL underneath navigable airspace and in class E and G airspace maintaining safe separation from actual aircraft, an exemption may be needed to allow such operations. The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, attempts will be made to contact all affected individuals regarding the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein, and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. In addition, the low-altitude operations ofthe SUAVS will ensure separation between these SUAVS operations and the operations ofconventional aircraftthat must complywith Section 91.119. 14 C.F.R. §91.121 Altimeter Settings



### Page 13 of 19This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." As the SUAVS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the Manual and Safety Check list, 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 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The battery powering the SUAVS provides approximately between 10-60 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, SUAVS flights would be limited to approximately 10 minutes in length. Given the limitations on the SUAVS proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame forflight in daylight or nightVFR conditions is reasonable. Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of priorexemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the SUAVS in controlled area where only people and property owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes offlight operation time, does not give rise to the type of risks that Section 91.151(a) was intended to alleviate particularly given the size and speed of the SUAVS. Additionally, limiting SUAVS flights to 20 minuteswould greatly reduce the utility forwhich the exemption will be granted. Petitioner believes that an equivalent level ofsafety can be achieved by limiting flights to 60 minutes or no less than 10% ofbattery power, whichever happens first. This restriction would be morethan adequateto return the SUAVS to its planned landing zone from anywhere within its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation 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:



### Page 14 of 19(1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The SUAVS fully loaded weighs no more than 55 lbs and typically less than 20 lbs., and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the SUAVS. An equivalent level ofsafetywill be achieved by keeping these documents at the ground control pointwhere the pilotflying the SUAVSwill have immediate access to them; to the extentthey are applicableto the SUAVS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 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 orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part43 apply only to aircraftwith an airworthiness certificate, and the requirements ofpre-flight inspection required herein, these sections will not applyto the applicant. Routine and pre-flight maintenancewill be accomplished bythe operator. An equivalent level ofsafetywill be achieved because these SUAVS are very limited in size and will carry a very small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the SUAVS can land immediately and given its small size poses very little risk to persona or property. The operatorwill ensurethatthe SUAVS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. 7. Publication Summary Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);



### Page 15 of 19

### 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) 

### &(b) to operate commercially a SUAVS vehicle (551bs or less) forAerial Photography Operations. Approval ofexemptions allowing commercial operations ofSUAVs for aerial photography/Inspection forthe following; Business Operations: over land, water-ways, and oceans; operation over/in non restricted National Parks, National Forests, flight in nonnavigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted US States/Territorieswill enhance safety by reducing risk. Conventional film operations, using jetor piston power aircraft, operate at extremely low altitudes, justfeet from the subject being filmed, and in extreme proximityto people and structures; and presentthe risks associated with vehicles thatweigh in the neighborhood of4,0001bs, carrying large amounts ofjetA or otherfuel. In addition such actual certificated aircraft mustfly to and from the film location. In contrast, a SUAVS weighing fewerthan 55 lbs., and powered by batteries ratherthan fuel, eliminates virtually all ofthat risk. The SUAV is driven/carried to the film set, notflown. The SUAVS will carry no passengers or crew and, therefore, will not expose any crew to the risks associated with manned aircraftflights. The operation ofSUAVS, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide at least an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the Petitionerfrom the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a line ofsight, relatively sterile environment and are, as a result, far saferthan conventional operations conducted with actual aircraft/helicopters operating in close proximityto the ground and people. 8. Privacy 

### All business/commercial flights which occur over private or controlled access property will be with the property owner's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. Petitionerwill not infringe on any individual or landowner privacy rights. Limited nighttime operations may be conducted. Nighttime as defined FAR's in Section is as follows 1.1. "Night means the time between the end ofevening civil twilight and the beginning ofmorning civil twilight, as published in the American AirAlmanac, converted to local time." Night operations may be conducted bythe SUAVS following the guidelines above and provided such operations have sufficient lighting so that Petitioner/Operator maintains visual line ofsight. Allowing SUAVS this exemption will provide a far safer nighttime filming alternative to the currentfull size aircraft operations. 9. Conclusion 

### The FAA's purported "ban" on business/commercial Model Aircraft/UAVs operations has actually had the current effect ofcausing American skies to be less safe. There are many actual certificated pilots who are exceptionally qualified to fly model aircraft/SUAVS with their model aircraft/SUAVS experience, private, commercial orATP pilottraining, licenses and 

### Page 16 of 19instructor ratings. However, these experienced operators and licensed pilots familiarwith the FARs, airspace and safe operating procedures are currently reluctant to commercially operate model aircraft!SUAVS or be involved, forfearofthe FAAseeking an enforcement action againstthem ortheir actual pilot's licenses. Presently, during the pendency ofthese issues in the 

### Pirkercase, it defies safety or regulatory logicthat according to the FAA's current alleged "ban" on business operations of SUAVS, your average enthusiastic 12 year old, who's well meaning Father bought him a quad copter SUAVS equipped with a camera, can operate his SUAVSwherever he wants and take whatever recreational video/pictures subjectonlyto the suggestions of FAAAC 91-57 and yet an FAA certificated private/commerciai/ATP pilot cannot be paid to use a far higherquality and equipped SUAVS totake an aerial photo oraerially inspect a farmers field, despitethe significant improvement in safety over non-pilots operating SUAVS recreationally and real aircraft used for aerial photography. Satisfaction ofthe criteria provided in Section 333 ofthe FMRA of2012, and requiring the SUAVS PIC to have orobtain medical certificate and a actual pilots license and considering the small size, weight, speed, operating capabilities, limited operations in proximity to airports and populated areas and operation within visual line ofsight and national security

- all ofwhich provide morethan adequatejustification forthe grant ofthe requested exemptions allowing business/commercial operation ofapplicant's SUAVSfor aerial photography/ Inspection as requested herein. Ifthis firm can be ofanyfurther assistance in processing this request, oryou have any otherquestions or concerns, please do not hesitate to contact me directly, in writing. CURRAN & CURRAN LAW

Michael D. Curran, Esq./ATP/CFII/MEI

cc: JamesWilliams, FAA Les Dorr, FAA, Allison Duquette, FAA



### Page 17 of 19

### Ex.1. Aerial Production Services, Inc., Procedures/Checklists Preflight Checklists InspectVehicle 1. Check props 2. Check screws 3. Check Radio 4. Check body/arms for cracks 5. Prepare log book 6. Review mission/Check review weather 7. Check/test batteries record voltages 8. Prepare nav/gps system 9. Radio RX/TX distance tesUCheck timers 10. Satellite localization/lock Narrative Descriptions. Inspectthe vehicle for previous damage like cracked chassis, loose props, motors and wires, this will ensure the safe operation ofthe vehicle and not a catastrophic failure ofparts. Tighten all screws and record which ones are becoming loose overtime. This will indicate problemswith the vehicle structure and you should use more CA orthread locking liquid to keep this problem to a minimal. Ifyou are repeatedly tightening the screws in the same spot then there is a problem with the screw hole and should be tapped or corrected. Prepare a logbook, this will ensure that you are recording the properflight times and will indicate battery health, saving you from afailure and possible loss ofvehicle. Pull out the documentyou use for logging yourflight fill out the information that is most important: date, time, and mission information. Weatheraffects the performance ofavehicle and should be calculated to ensure properweights given to your flight and battery time totals. Weather information to include as follows: Temperature, wind speed, maximum gusts, ambient temperature, humidity, dew point, barometric pressure, and any solar information that can effectyour GPS. Review your mission so thatyou know exactlywhat you plan to do and whatdata you will gather. Check and test your batteries so that you have sufficient powerforyour mission. Ifyou followed this checklistyour batteries should have been charged the lasttime you put yourvehicle away. Turn on the navigation system ifapplicable and verify the appropriate settings to localize the satellite signal. Checkfor solarflare information and gps outages in your area connected to your mission. II. Before Flight 1. Turn on transmitter; Check set flight mode 2. Set throttle down 3. Clearflight area 4. Connect battery on the vehicle 5. Start motors 

### Page 18 of 196. Verify indicator lights for proper indications/GPS locks 7. Throttle up slowly 8. Maintain visual separation from all obstructions Narrative Descriptions: You should always be nearyourtransmitter so that in the case ofa failure you can control the vehicle to the best ofyour abilities and get the vehicle safely to the ground. Firstturn the transmitter on, with the throttle turned all the way down. Nextwalk overto the vehicle thatyou plan to fly clear area and connectthe battery. You should connectthe battery in a way that does not disturb the vehicle from sitting on the ground, when you plug the vehicle up it is calibrating the flight system and powering up safely. When the lights give proper indications it is safe to either pick up the vehicle safely and move it orwalk away from it with your controller in your hand. To begin yourflight move the sticks up slowly until the vehicle leaves the ground maintain visual separations from people, buildings, obstructions, other UAV/aircraft. 

### Ill. Post Flight/After Landing 1. Unplug battery on vehicle while nearthe controller 2. After battery is unplugged turn offthe controller 3. Fill out log books Narrative Descriptions: Once the vehicle has returned to the ground, walk overwith your controller and disconnectthe wire to the vehicle battery, this will essentially kill the power and render the vehicle in the safe to transport mode. Nextyou can powerthe controller offto save the battery life. Return the vehicle to a safe place and then locate your logbooks and recover your data. 

### IV. Debrief 1. Fill out logs 2. Complete calculations for batteries and flight times 3. Put away gear, vehicle and log books



### Page 19 of 19

### 1 2 3 DECLARATIONOFSERVICE Iamemployedinthe CountyofSanDiego, StateofCalifornia. Iamovertheageof18 and 4 notapartytothewithinaction.Mybusinessaddressis90N. CoastHwy. 101, Suite 103,Encinitas, CA92024. OnOctober 8, 2014,I servedthe foregoingdocuments, described as: 5 6 1. Letterto theU.S. DepartmentofTransportationdated October7, 2014

ontheparties ofinterest as follows: U.S. DepartmentofTransportation DocketManagement System 1200NewJerseyAve., SE Washington, D.C. 20590

BYU.S. MAIL I placed a true and correct copy ofsaid document(s) in sealed a envelope(s) addressed accordingtotheabovelistedpartiesanddepositedsuchenvelope(s)inthemailatEncinitas, California. Theenvelope(s) was/weremailedwithpostagethereonfullyprepaid. Iam "readilyfamiliar"withthefirm'spracticeofcollectionandprocessingcorrespondence formailing. ItisdepositedwithU.S.postal serviceonthat samedayintheordinarycourse ofbusiness. I am aware that onmotion oftheparty served, service is presumedinvalid if postalcancellationdate orpostagemeterdateismorethanoneday afterdate ofdepositfor mailinginaffidavit.

STATE I declare underpenalty ofperjury underthe laws ofthe State ofCalifornia thatthe above istrue andcorrect. FEDERAL IdeclarethatIamemployedintheofficeofamemberofthebarofthisCourt at whose directionthe servicewasmade.

ExecutedonOctober 8, 2014 atEncin·