AV8 Digital 2678 Holman City Road Sauquoit, New York 13456 315

- 570

- 9664

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and
14 CFR Part 11, AV8 Digital requests an exemption from the Federal Aviation Regulations
outlined below. AV8 Digital requests exemption in order to allow its use of the Yuneec Typhoon Q500 4k Unmanned Aerial System (UAS) in commercial operations for purposes of aerial photography/videography, 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 or Section 49 USC § 44701. AV8 Digital is willing to comply with conditions that the FAA has issued in recent Section 333 exemptions, specifically Exemption 11153 (Burnz Eye View). Due to this agreement, in addition to the strong similarity of AV8 Digital ’ s operations compared to those already approved for exemptio n, the FAA should be able to summarily process and approve this petition.

NAME AND ADDRESS OF THE PETITIONER

AV8 Digital Attn: David Bauer, Owner 2678 Holman City Road Sauquoit, New York 13456 Phone: 315

- 570

- 9664
Email: dave@av8digital.com

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 CFR § 61.113(a) & (b) 14 CFR § 91.7(a) 14 CFR § 91.119(c) 14 CFR § 91.151(a) 14 CFR § 91.405(a) 14 CFR § 91.407(a)(1)14 CFR § 91.409(a)(1) & (2) 14 CFR § 91.417(a) & (b)

The Petitioner also reques ts exemption from any other regulations the FAA deems necessary in order to operate the UAS as described herein.

I. DESCRIPTION OF ACTIVITIES

AV8 Digital wishes to use the Yuneec Typhoon Q500 4k UAS for commercial photography and videography under controlled conditions in airspace that is limited, predetermined and access

- controlled. Primarily, the function of the UAS operated by AV8 Digital will be for supplemental photography of real estate for the land owner. By operating a small, lightweight aircraf t under a strict set of limitations, AV8 Digital will be able to operate UAS in the National Airspace System (NAS) while satisfying the FMRA § 333 requirement to achieve an equivalent level of safety when compared to traditional aircraft. AV8 Digital further believes that its proposed operations will actually increase the level of safety when compared to traditional, manned aircraft carrying combustible fuel.

II. DESCRIPTION OF AIRCRAFT

AV8 Digital pla ns to operate a Yuneec Typhoon Q500 4k UAS system. The Typhoon Q500 is a multi

- rotor aircraft equipped with an onboard computer stabilization controller
and GPS. The maximum loaded takeoff weight of the Typhoon Q500 is 3.75 pounds (including payload and battery) and the maximum airspeed is less than 15 knots. The Yuneec Typhoon Q500 4k operated by AV8 Digital will utilize the Yuneec ST10+ Personal
Ground Station to provide real

- time flight telemetry to the Pilot in Command (PIC). Data points include:

• Aircraft Battery Voltage

• ST10+ Battery Charge Level Status

• Distance of A ircraft from Home P oint

• Altitude (above ground)

• Latitude/Longitude Position of Aircraft

• GPS Status for Aircraft

• Number of Satellites for Aircraft

• Ground Speed of Aircraft• Heading to Home Point

The Yuneec ST10+ Personal Ground Station ensures the utmost safety by utilizing the FAA compliant No Fly Zone feature which prevents flight near commercial airports. The No Fly Zone feature also prevents flight above 400 feet from the ground. In addition, for PIC and VO safety, the ST10+ utilizes the built

- in GPS to establish a 26 foot diameter smart circle around the PIC when taking off and landing and also creates a geo fence that keeps the aircraft from traveling farther than 300 feet from the p ilot ’ s position.

III. PILOT IN COMMAND

Section 61.113 (a) and (b) prescribes that

—

(a) No person who holds a private pilot certificate may act as a PIC of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; an d (2) The aircraft does not carry passengers or property for compensation or hire.

In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that
a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. AV8 Digital ’ s proposed operation does not differ significantly from the situation described in Grant of Exemption No. 11062 to Astraeus. AV8 Digital plans to operate over property with the permission of the land owner/controller while also limiting access to the property during operations. Given the similar nature of AV8 Digital ' s proposed operating environment to that of Astraeus, the parallel nature of private pilot aeronautical
kno wledge requirements to those of commercial requirements, and the airmanship skills necessary to operate the UAS, AV8 Digital believes that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for the proposed operations. Therefore, a PIC holding a private pilot certificate and valid drivers license is appropriate for the proposed operations.IV. ALTITUDE

Se ction 91.119(c) prescribes that

–

E

xcept when ne cessary for takeoff or landing :

(a) no person may operate an aircraft below an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Relief from § 91.119(c) is necessary because the aircraft will be operated at altitudes less than 500 feet AGL. By definition, the Unmanned Aerial Vehicle (UAV) will be operated closer than 500 feet to persons or pro perty. An equivalent level of safety will be achieved given the size, weight, speed, and material with which the Typhoon Q500 is built, as well as adherence to the following procedures:

1. The UAV will not be operated over congested or densely populated areas (defined as open air assemblies of persons or other areas where a safe forced landing cannot be accomplished due to risk of endangering persons or property on the ground).
2. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, Visual Observer (VO), operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAV and/or debr is in the event of an
accident. AV8 Digital will ensure that non

- participating persons remain under such protection. If a situation arises where non

- participating persons leave such protection and are within 500 feet of the UAV, flight operations must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the
owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).
3. All operations will be conducted ov er private or controlled

- access property with permission from the land owner/controller or authorized representative.Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted. In all situations , the PIC will make a safety assessment of the risk of operating closer than 500 feet to persons, vessels, vehicles, or structures and will only undertake the operation if he/she determines that it does not present an undue hazard. The FAA has approved
sim ilar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11110, and 11153.

V. FUEL REQUIREMENTS

Se ction 91.151(a) prescribes that

–

N o person may begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind an d forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes

.

Relief from § 91.151 (a) is necessary because the Typhoon Q500 will only operate for approximately 25 minutes per charge, making operation of the aircraft impossible under this section. Safety features of the Typhoon Q500 include low battery warnings at 30 % capacity and an automated landing when the battery reaches 15% capacity. These features, teamed with the small size and weight of the UAV should more than achieve an equivalent level of safety. The FAA has approved similar exemptions in 2689, 5745,
10650 , 10673, 10808, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, and 11153.

VI. AIRWORTHINESS

Section 91.7(a) prescribes that

–

(a) N o person may operate a civil aircraft unless it is in an airworthy condition.

The FAA has found in numerous exemptions that similar UAS operations do not require
an airworthiness certifi cate in accordance with 14 CFR P art 21, Subpart H. AV8 Digitalproposes that compliance with its operating documents be a sufficient means for determining an airworthy cond ition. Given the size of the aircraft and the requirements by which AV8 Digital has agreed to abide, an equivalent level of safety will be achieved by ensuring compliance with the AV8 Digital & Yuneec Typhoon Q500 4k manuals prior to each flight. The FAA has approved similar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, and 11153.

VII. MAINTENANCE/INSPECTION

Section 91.405(a) pres cribes, in pertinent part, that each owner of an aircraft

–

(a) 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.

Sectio n 91.407(a)(1) prescribes that

–

(a) N o person may operate any aircraft that has undergone maintenance, preventive maintenance, r ebuilding, or alteration unless

– (1) it has been approved for return to service by a person authorized under § 43.7 of this chapter.

Secti on 91.409(a) prescribes, in pertinent part, that

–

N o person may operate an aircraft unless, within the preceding 12 calendar months, it has had

—

(1) An annual inspection in accordance with part 43 and has been approved
for return to service by a person auth orized by Sec. 43.7 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21.

Section 91.417(a) and (b) prescribe, in pertinent part, that

—

(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration
and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (incl uding theairframe) and each engine, propeller, rotor, and appliance of an aircraft.
The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work perfo rmed; and (iii) The signature and certificate number of the person approving
the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time
basis. (iv) The curren t inspection status of the aircraft, including the time
since the last 7 inspection required by the inspection program
under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action,
the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major
alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a) (1) of this section shall be retained
until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained
and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §
43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

AV8 Digital requests an e xemption to the above inspection/maintenance Federal Aviation Regulations (FARs) and proposes the following maintenance/inspection procedures thatwill achieve an equivalent level of safety:

1. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a
conditio n for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly
documented in the aircraft records.
2. Any UAS that has undergone maintenance or alterations that affect the UAS

o peration or flight characteristics, e.g.

, replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an en try in the aircraft records.
3. The pre

- flight inspection will accoun t for all potential discrepancies, e.g.

, inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.
4. AV8 Digital will follow the UAS manufacturer’ s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
5. AV8 D igital will carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance,
i nspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning
the UAS to service.
6. Each UAS operated under the exemption will comply with all manufacturer Safety Bulletins.

7. The authorized person will make an entry in the aircraft record of the corrective
action taken against discrepancies discovered between inspections.
Adherence t o the above procedures, as well as others included in the attached
documentation (including a preflight checklist) should provide more than an equivalent level of safety to the above FARs. The FAA has approved similar exemptions in 11062, 11063, 11064, 110 65, 11066, 11067, 11080, 11109, 11110, 11112, and 11153.

VIII. PUBLIC INTEREST

Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds ormore and contain one or more living souls on board. AV8 Digital ’ s UAV will weigh less

t han 3 pounds and contain no living crew (the PIC and VO being remotely located from the UAV). The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the even t of an incident or accid ent. There is no risk to an onboard crew while using a UAV. Traditional manned aircraft contain highly

- flammable fuel and are at risk of fuel spillage and fire in the event of an incident or accident. The battery

- powered Typhoon Q500 carries no fuel, eliminat ing this fire and
environmental risk. Traditional aerial photography/videography operations using conventional aircraft can operate in very close proximity to persons and property on the ground. While the FAA mitigates these risks in a variety of ways, the proposed UAS operations would reduce risks even further due to the limited size, weight, speed, operating conditions, and safety features of the Typhoon Q500

. Furthermore, as Congress outlined in the FAA Modernization and Reform Act, integration of UAS into the NAS is inherently in the public interest, as long as it can be accomplished safely. As described above, not only will the proposed UAS operations provide an equivalent level of safety to current operations

– they will actually provide a greatly

- improve d level of safety to the public and its property.

IX. NATIONAL SECURITY

No national security issue is raised by the grant of this exemption. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives

or other dangerous materials, the Typhoon Q500 poses no threat to national security.

X. PRIVACY

All operations will be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission f rom the land owner/controller or authorized representative will be obtained for each flight to
be conducted.

XI. SUMMARY OF AV8 DIGITAL , SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, AV8 Digital hereby provides, pursuant to Part 11,a summary of its exemption application to allow commercial operation of the Yuneec Typhoon Q500 4k unmanned aerial vehicle in photography/videography work. An exemptio n is requested from the following regulations:

14 C.P.R. §61.113(a)&(b) 14 C.P.R. §91.7(a) 14 C.P.R. §91.119(c) 14 C.P.R. §91.151(a) 14 C.P.R. §91.405(a) 14 C.P.R. §91.407(a)(1) 14 C.P.R. §91.409(a)(1)&(2) 14 C.P.R. §91.417(a)&(b)

XII. CONCLUSION

In sum mary, AV8 Digital seeks exemption from the FARs listed above in order to commercially operate a small unmanned aerial vehicle of less than 3 pounds for the purposes of aerial photography and videography.

Approval of this exemption will enhance safet y by removing the many risk factors caused by traditional, manned aircraft undertaking these operations.

Sincerely,

David L. Bauer Owner/Operator, AV8 Digital