# Reed 

# Smith

Courtne y R. 8atem a n Direct Phone: + 1 202 414 9265 Email: CBateman@ reedsmith.com
March 31,2015

U.S. Department of Tran sportat ion Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Reed Smith LLP 1301 K Street , N

.W. Suite 1100- East Tower Wash in gton, D

. C

. 20005 -3 373 T el +1 202 414 9200 Fax+12024149299 reedsmith.com

R

c: Snowy Owl Produc tion s' Request for Exemption from Certain Re gu l ations per Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regul ations Dear Sir or Madam: Purs uant to Section 333 of the FAA Moderni zation and Reform Act of2012 (the Reform Ac t) and 14 C.F.R. Part 11, Snowy Owl Productions ("Snowy Owl") hereby applies for an exemption from the listed Federal Aviation R egulations ("FAR s") to aJlow business use (commercial operation ) of its sUASs, so long as suc h operations are conducted within and under the co ndition s outlined herein or as may be established by the FAA as required by Section 333. 

### I. I NTROD UCTION Snowy Ow l Production s is headquartered in Grand Forks, North D ako ta. Snow Owl seeks to operate sUAS to conduct aerial photography for structural assessment of tall structures s uch as w ind turbine s, communications towers and flare stacks , as well as aerial photography for real es tate marketing and event photography. In support of its applicat i on, Snowy Owl submits co nfidentially a Flight Operations Manual and flight manuals for the DJI Phantom 2 Vision+ and SlOOO+. Specific Regulations for which an exemption i s sought: 14 CFR 61.113 (a) 14 CFR 91.7(a) 14 CFR 91.119(b) & (c) 14 

### CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) ( 1) & (2) 14 

### CFR 417 (a) & (b)

N EW YORK t LONDON • HONG KONG • CHICAGO • WASHINGTON , D.C

. t BEIJING t PARIS • LOS ANGELES t SAN FRANCISCO t PHILADELPHIA t SHANGHAI t PITTSBURGH t HOUSTON SINGAPOR E • MUN ICH tABU DHABI • PRINCETON • NORTHERN VIRGINIA • WILMINGTON • SILICON VALLEY • DUBAJ • CEr.ITURY CITY • RICHMOND • ATHENS t i<AZAKHSTAN US_ACTIVE·121465247

. 1 · CRBATEMA 03/31/2015 11 :58 twoMarch 31,2015 Page 2 

# Reed Smith

TI. 

### SNOWY OWL'S PROPOSED OPERATIONS DO NOT CREATE SIGNIFICANT HAZARDS The sUAS's utilized by Snowy Owl are e lectric multi-rotor c raft, weighing less than 55 lbs. including payload. They op erate at a speed o f no more th an 33.5 mph (29 knots) and have the ca p abilit y to hover, a nd/or m ove in a vertical a nd hori zo ntal plane simultaneou sly. The y will only be operated as visual line of sight (VLOS ), rema in under 400ft. above grou nd lev e l , and will op erate o nly over private property with permission of the owners of the property. D uring the proposed operati ons invo lving aerial inspection of s truc tur es and real estate, the site w ill be sec ured , and non -participants will be kept at least 500 feet away f rom the operation. Similarl y, operations during event photography will occ ur at least 500 feet from all non-participants unles s barriers or structures are present that sufficiently protect non -p articipants in the event o f an accident or lo ss of co ntrol. Occ asionally , in exec uting event photography , Snowy Owl may wish to operate within 500 f eet of nonparticipants. T o meet the "barrie r s or s t ructur es" requi r ement set forth in prior FAA Grants of Exem pti on and referenced above, S nowy O wl proposes a tether system to be used during those operations. As exp la ined mo re fu lly in its certifica tion documents, Snowy Owl's tether system would phy sical ly prevent the sUAS from getting closer than 100 feet from non -p articip ants
. Snowy Owl has drafted, and submits co nfi dent ially, a Flight Operations Manual whic h discusses safety considerations, training and general operat ing p rocedures for the proposed operatio n s. Snowy Owl h as also drafted, and s ub mits co nfi denti ally, an sUAS Air craft Flig ht Manual whic h sets fo r the spec ifi ca ti o ns, inspection and setup of the sUAS intended for u se in the proposed operat ion s. 

### III. SNOWY OWL 'S PROPOSED OP E RATIONS ARE IN THE PUBLIC INTEREST The FAA recently i ss ued a Grant of Exempti o n to FalconSkyCam for operation s that are s ub stanti ally s imilar to tho se proposed her ein . Docket No. FAA-201 4-0884 (u sed M arc h 6 , 2 01 5). In issuing the Grant, the FAA noted that "[t] he e n hanced safety and reduced environmental impact achieved us ing a VAS w ith the specificati on s de scribed by the petitioner and carryi ng no passengers or crew, rather than a manned a ir craft of significantly greater proportio ns, carr yin g crew in addition to flammable fuel , gives the FAA good cause to find th at the UAS op erati o n enabled by this exemptio n is in the public i nterest." Accordingly, Snowy Owl respec tfu lly requ ests that the FAA gr ant the requested exemp tion without delay.March 31, 2015 P age 3

IV. 

### E QUIVALENT LEVEL OF SAFETY 

# Reed Smith

Snowy Owl proposes that the exemption reque s ted herein app ly to civil aircraft that have the characteristics and operate with the limitatio ns listed herein. These li mitations, as listed below, provide for at least an equivalent or even hig h er level of safety to operatio n s under the c urren t reg ulatory st

ructure. These lim itations and conditions to whi ch Snowy O wl agrees to be bound when conductin g commercial operations under an FAA i ssued exem p tion include: The sUASs utilize d by S nowy O wl w ill weigh less than 55 lbs. Flights will be operated during daylight hours, in visual meteoro logical co n ditions, and within vi sual li ne of s ight (VLOS) of the pilot of the UAS. All operat i ons will utilize a visual observer in addition to the operator. Maxi mum total flight time for each operational flight will be approximately 30 minutes , or whe n the Low Battery warning activates. If operations will be conducted with in 500 feet of no nparticipants, the UAS will be t ethered to ensure it will remain at least 100 feet away from nonparticipants in the event of an accident or loss of control.



### V. EXEMPTIO NS REQ UES TE D 14 C. F .R. § 61 . 113(a) and (b) : Private vs . Commercial Pilot C ertificates Section s 61.113(a) and (b) prohibit pr ivate pilots from operat ing an aircraft for compensation or hire. Snowy Owl proposes that its pilot<; will have at least a private pi lot 's certificate, a nd a C lass ll med ical. Its operatio ns will be co n ducted over pr ivate property, in a sterile area as re fl ected in S n owy Owl ' Flight Operations Manual. For the reasons set forth in the FAA's grant of an exemption to Astraeus Aerial , Snowy O wl does not believe a commercial pilot certificate is necessary for the operations it intend s to conduct. See, e.g., 

### I n the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 25, 20 1 4). For those reasons, Snowy O wl req u ests 

### an exemptio n from 14 C.F.R. 

### § 61. 1 13(a) and (b).March 31, 2015 Page4

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

# Reed Smith

Section 91.7 prohibits operation of an unairworthy aircraft, an d places re sponsibi lity for airworthiness determinations on the pilot in command. The sUAS will not have an a irworthiness certificate, and there is no FAA regulatory standard for determining airworthiness of the sUAS. Additionally, Snowy Owl's operating documents set forth inspection and maintenance procedures to ensure airworthiness
. For these reasons, and in accordance with the FAA's grant of an exemption from 91.7 to Total Safety U.S., Inc
. , Snowy Owl requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc. , Exemption No. 11156 (issued Jan. 29, 2015).
14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. To the extent that the structures t hat Snowy Owl would be inspecting are considered to be in "congested areas," 1 Snowy Owl' s operational procedures, and the size, weight and speed of the sUAS, provide an equivalent level of safety such that operations at lower altitudes should be allowed. As described in its Flight Operations Manual , Snowy Owl will establish a 500' buffer/sterile area for its operations that will exclude personnel not associated with the operations. Snowy Owl will also exercise additional control over the s terile area as needed, as set forth in the Manual. Consequently, Snowy Owl believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations in congested areas. Snowy Owl therefore reque sts an exemption from 14 CFR 

### § 91.119(b). Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, or closer than 500 feet to any person, vesse l, vehicle or structure. As thi s exemption is for an sUAS that flies similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations
. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it i s operated
. As discussed above, Snowy Owl ' Flight Opera tio ns Manual provides for establishment of a s terile area, included safety buffers of 500 feet for personnel not associated with the operation. A 100 foot safety buffer will be in place for authorized personnel associated with the operation, unless the PIC determines a reduced buffer is essential to the current operation
. Snowy Owl therefore requests an exemption from Section 91.119(c) for 

### all authorized personnel associated with the operation.

1 The FAA Office of the Chief Counsel has indicated that whether an area is " congested" is determined on a case - by-case basis. Sec , e.g. , June 18 , 2012 , Memorandum from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations , to James E. Gardner , Manager, Flight Standards Division, r c " To what extent an operator can make a congested area uncongcstcd. "March 31, 2015 Page 5

14 C.F.R. §91.121 Altimeter Settings 

# Reed Smith

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 sett ing available before departure." As the sUAS may no t have a barometric altimeter, but instead a GPS altitu de read out, an exemption may be needed. 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 after that for at lea st 30 minutes; or (2) At night, to fly after that for at least 45 minutes." Maximum total flight time for each operational flight will be no more than 25 minutes. Flights will be safely landed when the battery falls below its nominal voltage, should that occur prior to completion of the operation. The DJI Phantom 2 Vision+ and the S 1 000+ have a Low Voltage LED Warning which alerts when the battery reaches pre-determined levels. This battery level would be more than adequate to return the sUAS to its planned landing zone from anyw here in its limited operating area when the Low Voltage Warning alerts. For these reasons, Snowy Owl requests an exemption from 14 C.F.R. § 91.151 (a). Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808
. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) 

### & (2); 417(a) 

### & (b): Maintenance Inspections The se regulations require that a n 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
. As provided in Snowy Owl's Operations Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and inspections, and keep a log of any maintenance performed. 

### VI. REGULATIONS FOR WIDCH EXEMPTIONS ARE UNNECESSARY The Federal Aviation Administration just issued a number of exemptions for UAS operations in filming of movies. 

### In those exemptions, the agency noted that exemptions from certain regulations were not necessary, due to "the size, weight, speed and limited operating area associated with [the UASs] and its operation."March 31, 2015 Page 6 

# Reed Smith

Bas ed upon the FAA's g uidance , and the fact that Snowy Owl ' UAS is even smaller and slower than those proposed by the film-making industry, Snowy Owl believes exemptions from the following regulations are not necessary: 14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 14 C.P.R. § 45.23 (b). Marking of the Aircraft 14 C.P.R. §9l.7(b): Civil aircraft airworthiness. 14 C.P.R. §91.1 09: Flight instruction. Snowy Owl also believes that an exemption from 14 C.P.R.§ 91.103: Preflight Action, is not necessary . This regu lation requires eac h pilot in command to take certain actions before flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safety will be provided as set forth in the operating documents s ubmitted as part of this request. The FAA has previously found that adherence to procedures contained in an applicant's operating documents demonstrate compliance with§ 91.103, and therefore an exemption from the regulation was not nece ssary . See, e.g., In the matter of the petition of Total Safety U.S., Inc ., Exemption No. 11156 (issued Jan
. 29, 2015). As detailed in its operating documents, Snowy Owl' s PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of the flight. Consequently , in light of the agency's prior finding in Total Safety U.S., Inc., Snowy Owl does not believe an exemption from 14 C.P.R.§ 91.103 is necessary. Pur suant to 14 C.P.R. Part 11, the following summary i s provided for publication in the Federal R egister, should it be det· ermined that publication is needed: Snowy Owl seeks an exemption from the following ru les : 14 C.P.R.§ 61.113(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial photography for structural assessment of tall structures suc h as wind turbines , communications towers and flare stacks, as well as aerial photography for real estate marketing and event photography
. Approval of exemptions allowing commercial operations of sUASs for these applications will enhance safety 

### by reducing risk. Conventional means for performing these assessment s require either physically climbing the pole s or towers, using ropes to rappel down the tower from the top of the tower, using high-reach man lifts to access the towers (limited reach), or u sing conventional helicopters operating at extremely low altitudes over the subject structure being photographed
. These conventional means all pose risks to persons and property.March 31,2015 Page 7 

# Reed Smith

In contrast, a sUAS weighing less than 55 lbs. and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the project site and not flown. The sUAS will carry no passengers or crew and, therefore, wi ll not expose them to the risks associated with manned aircraft flights, ground

based aerial lift (bucket truck) operations, or manual climbing and inspection operations. The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting S nowy Owl from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to the ground, and, as a result, are far safer than conventional alternatives. Privacy All flights will occur over private or controll ed access property with the property owner's prior consent and knowledge. Satisfaction of the criteria provided in Section 333 of the Reform Act of 20 12--size, weight, speed , operating capabilities, proximity to airports and populated**area~** and operation within visual line of sig ht and national security

- provide more th an adequate ju stifica tion for the grant of the requested exemptions allowing commercial operation of Snowy Owl's sUAS to conduct aerial photography for structural assessment of tall structures s uch 

### as wind turbines, communications towers and flare stacks, as well as aerial photography for real estate marketing and event photography. Sincerely,

# Courtn~an Reed Smith LLP Counsel for Snowy Owl

/Signed/ John McGraw John McGraw Aerospace Consulting Consultant to Snowy Owl CRB :l sj