)I ' t\ , 1 1 I 1 1 1 '1 rll' I ! ; 

~ 

The Honorable Anthony R. Foxx 

Office of the Secretary 

US Department of Transportation 

1200 New Jersey Ave. , SE 

Washington, DC 20590 

J une 18, 2015 

Andrew St Laurent 

RC Ae·tial CEO 

RC Aerial Platforms, LLC 

225 Crossroads Blvd, Suite 328 

Carmel, CA 93923 

Tel (831) 291-3971 

The Honorable Michael P. Huerta 

Office of the Administrator 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

RE: RC Aerial Platforms sUAS Petition for Exemption Pursuant to FMRA Sec 333 

and 14 CFR Part 11 

Gentlemen: 

RC Aerial Platforms, LLC ('RC Aerial") hereby petitions the FAA for regulatory relief pursuant to 

Section 333 of P.L. 112- 95 and 14 C.F.R. Sec. 11.81 to conduct commercial flights using the DJI 

Inspire 1, RC Timer S-1100 Pro, and the RC Timer Trooper Y6 sUAS for the following applications: 

* Aerial Photography/ Aerial Videography 

* Electronic Newsgathering 

* Closed Set Filming 

* sUAS Operator Training 

RC Aerial, therefore, seeks a request for exemption from airworthiness and the following specific 

Title 14 C.F.R. provisions: 

* 14 C.F.R. Part 21 

* 14 C.F.R. 45.23 

* 14 C.F.R.. 61.113(a) (b) 

* 14 C.F.R. 61.133(a) 

* 14 C.F.R. 91.7(a.) 

* 14 C.F.R. 91.9 

* 14 C.F.R.. 91.109(a) 

* 14 C.F.R. 91.119 

* 14 C.F.R. 91.121 

* 14 C.F.R. 91.151(a) 

* 14 C.F.R. 91.203 

* 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85 
2 

The FAA has issued grants of exemption in circumstances similar in all material respects to those 

presented in this petition, specifically Exemptions No.s (training) 11787, 11789, 11663, 11668, 11552, 

11570, 11588, 11509, 11562, 11516, 11517, 11318, 11494, 11112, 11430, 11353, 11368, 11325, 11311, 

11295, 11301, 11302, and 11265; (News-gathering) 11845, 11787, 11760, 11406, and 11408; (Film 

and Cinematography) 11806, 11751, 11541, 11488, 11477, 11440, 11401, 11362, and 11270; (aerial 

videography) 11842, 11843, 11845, 11848, 11850, 11820, 11822, 11825, 11826, 11829, and 11833; 

and we therefore request that our petition be granted without delay. 

RC Aerial has also provided supporting documentation to include the RC Aerial General Operations 

Manual (<GOM') which is composed of (1) an operations manual, (2) flight manuals for each of the 

RC Aerial models; (3) an Operator Training Manual, (4) a Maintenance and Inspection Manual, 

and (5) a Motion Pictures and Film Operating Manual for small UAS. Please note that the GOM 

(including all of the above listed components) is clearly marked "Confidential" on each page and 

contains confidential commercial and proprietary information that RC Aerial has not and will not 

share with others who are not subject to a "Nondisclosure Agreement" (NDA). Therefore, the 

GOM (including all components) are not available to the public and contain operating conditions, 

procedures and other information that are protected from public release or disclosure under the 

Freedom of Information Act 5 USC Sec. 552 et seq. 

1 Company Description 

RC Aerial is a professional radio controlled aerial platform company with extensive experience 

in both sUAS and manned aviation. We build, service and repair our own high-end customized 

drones, and provide Aerial Photography and Video, Survey and Mapping services. Based in Carmel, 

California, RC Aerial Platforms has over 25 years of Remote Control experience and 18 years of 

flying manned helicopters with a combine total flight time of 4500+ hours of safe operations. 

This section responds to the specific requirements of 14 CFR Sec 11.81. 

Mailing address and other contact information such as a fax number, telephone number, or email 

address copy. 

ATTN: Andrew St Laurent 

RC Aerial Platforms, LLC 

225 Crossroads Blvd, Suite 328 

Carmel, CA 93923 

Email: sales@rcaerialplatforrns.com 

2 Relevant Statutory Authority 

This exemption application is expressly submitted to fulfill Congress's goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rule-making required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of U ASs do not create a hazard 

to users of the NAS or the public or pose a threat to national security in light of the following: 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85 
3 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." Id. §333( c). 

The Federal Aviation Act expressly g1·ants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 

of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

3 Qualification for Approval Under Section 333 of the Reform Act 

The proposed operations iu this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors 

are satisfied. The requested exemption would permit RC Aerial to perform commercial operations 

under controlled conditions in airspace that is 1) limited 2) predetermined 3) restricted, limited, or 

controlled as to access and 4) would provide safety enhancements to the already safe operations in 

these industries 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." Section 333(c) of the Reform Act. RC Aerial sUAS includes the DJI Inspire 1, RC 

Timer S-1100 Pro, and the RC Timer Trooper Y6, weighing 55 lb. or less, including payload. This 

sUAS operates under normal conditions at a speed of no more than 87 knots and has the capability 

to operate in either 'Automatic' or 'Ma.nuaP mode as described in the GOM. Generally RC Aerial 

sUAS operations will be below an altitude of 400 ft. AGL, within specific access-restricted areas, 

either within Class G airspace or with the permission of the ATC, using sUAS operated by RC 

Aerial-qualified sUAS pilots, and within the visual line of sight of the operator and observer. Such 

operations will insure that the sUAS will "not create a hazard to users of the National Airspace 

System or the public" as per the FMRA 2012 Section 333. Given the size of the sUAS and the 

operating environment, this petition for exemption meets an equivalent level of safety, in which 

Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to 

commence immediately. Also due to the size and environment, approval of the application presents 

no national security issue. 

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit described herein, the grant of the requested exemptions is 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85 
4 

also in the public interest. 

4 D escription of Proposed Operations 

RC Aerial operations will provide a level of safety that is equivalent to current aviation standards. 

RC Aerial safety procedures, risk assessments, and flight operations standards are described in 

detail in the accompanying GOM. In brief, the following procedures that apply during operations 

conducted under this exemption request, establish an equivalent level of safety (ELOS) as follows: 

1. The sUAS will weigh less than 55 lb. 

2. Flights will be operated within line of sight of a pilot and/ or observer. 

3. Flights will occur during daylight hours. 

4. Flights will occur during Visual Flight Rules Meteorological Conditions (VMC). 

5. Flights will generally be operated at an altitude of no more than 400 feet AGL and within Class 

G airspace. Operations in controlled B,C, or D airspac<:~ will be conducted in coordination with 

the proper FSDO and ATC with prior permission. 

6. Flights will be terminated at 25% battery power reserve should that occur during the operation. 

7. All RC Aerial sUAS will be U.S. registered and display marks either in accordance with 14 

C.F.R. Part 45, Subpart Cor approved alternative markings. 

8. Operations will be conducted in defined regions and over property authorized for this use by the 

landowner. All operations will remain within the geographic boundaries of the operating area. 

Most operations may be conducted within the limitations of the blanket COA authorization 

provided with 333 grants as of 3- 23- 2015. 

9. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

10. The operator will obtain the consent of all persons involved and ensure that only consenting 

persons will be allowed within 100 feet of the flight operation, and this radius may be reduced 

to 30 feet based upon an equivalent level of safety determination. 

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 

12. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and/ or 

the Camera Operator. 

13. sUAS operations under this exemption will be conducted under the supervision of a designated 

pilot in command (PIC) who has final responsibility for the operation and in accordance with 

14 C.F.R. 91.3. All sUAS operators must have completed training on the normal, abnormal, 

and emergency procedures in tho GOM and demonstrated proficiency with the sUAS being 

operated. The PIC must possess at least a sport pilot certificate and hold a valid U.S. driver's 

license unless these requirements are changed by future sUAS FAA Regulations. 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85 
5 

14. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS 

Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual Observer), 

that person can also be designated as the PIC. 

15. Observer and pilot will at all times be able to maintain verbal communication, either directly 

or through electronic means. 

16. Operators and engineers will maintain the sUAS system in a condition for safe operation 

according to the GOM and associated manufacturer's maintenance manuals, including preflight and post-flight inspections. 

17. The PIC and observers will maintain situational awareness and perceive, process, and perform 

risk management prior to and during each operation as described in the GOM. The PIC will 

terminate the operation in accordance with the GOM if hazards that cannot be acceptably 

mitigated are observed. 

18. sUAS will safely stop operating and either return home or auto-land at a safe location along 

the flight path if the control link is lost. 

19. For each sUAS, the PIC will have the ability to force a controlled landing at any time. 

In addition to the above, RC Aerial has implemented a Safety Management System. The RC Aerial 

Safety Manager is responsible for conducting safety audits, investigations, and inspections and is 

authorized to stop or prohibit any activity or operations which is considered unsafe. Full details 

are available in the GOM. 

5 Regulations From Which Exemption is Requested 

5.1 Part 61, Cert ification: Pilots, Flight Instructors, and Ground Instruct ors 

Extent of Relief 

Part 61, aU sections. 

Reason for R elief 

Because the U AS 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 

at least a sport pilot's license rather than a commercial pilot's license to operate these sUAS. 

Equivalent Level of Safety 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS 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 as set forth in the GOM. The level of safety provided by the 

requirements included in the GOM 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 

sUAS are so diminished from the level of risk associated with commercial operations contemplated 

by Part 61 when drafted, that allowing operations of the sUAS as requested with a sport pilot 

certificate as the PIC exceeds the present level of safety achieved by 14 C.F.R. 61.113 (a) & (b). 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85 
6 

5.2 61.113 Private pilot privileges and limitations: Pilot in command. 

Extent of Relief 

Relief from requirement to possess a private or commercial pilot's license for aerial work such as 

aerial survey and mapping. 

Reason for Relief 

§61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command 

of an aircraft for compensation or hire; (b) states that a private pilot may act as PIC if the flight 

is incidental to business and does not carry passengers or property. Furthermore, N- 8900.227 "Unmanned Aircraft Systems (UAS) Operational Approval" paragraph 16(c)(2)(c) "Operations without 

a pilot certificate" states that a operations which conform to said paragraph may be performed by a 

PIC that does not possess a private pilots license but that has completed FAA private pilot ground 

instruction and passed the FAA Private Pilot written test. In addition, there is no means currently 

of obtaining a commercial rating for UAS. Thus, we require relief in order to perform aerial work. 

Public Benefit 

As described above, the public benefit includes exponential economic growth, enhanced safety, and 

improved precision agriculture capabilities. 

Equivalent Level of Safety 

Our operations fullfill all the requirements in N-8900.227 16( c) (2) (c) for operations without a private 

pilots license. 

5.3 91.7 Civil aircraft airworthiness. 

Extent of Relief 

91.7, all provisions. 

Reason for Relief 

Should the exemption be granted allowing commercial operation of the sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS. 

Equivalent Level of Safety 

Given the size and weight of these aircraft and the requirements contained in the GOM, an equivalent 

level of safety will be achieved by insuring compliance with the sUAS user manuals prior to each 

flight. 

5.4 91.119, Minimum safe altitudes: General. 

Extent of Relief 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 91.119(c) limits aircraft flying 

over areas other than congested areas to an altitude of 500 feet above the surface, except over open 

Doc ID: 4ee8b51 f0d092fl2al83bc23faa556549cc6fd85 
7 

water or sparsely populated areas, and the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. 

Reason for Relief 

To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In 

addition, due to the nature of the proposed operations, the PIC and the observer may at times be 

less than 500 feet away from structures during the operation. 

Equivalent Level of Safet y 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as 

well as the location where it is operated. No flight will be taken without the required permission 

of the property owner or local officials. Because of the advance notice to the property owner 

and participants in the aerial activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55lbs. described above and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently conducted with conventional aircraft operating at or 

below 500 AGL in other industries. In addition, the low-altitude operations of the sUAS will ensure 

separation between these s U AS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

5.5 91.121 Altimet e r Settings 

Ext ent of Relief 

§91.121 

Reason for Relief 

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by the operator, pursuant to the GOM and the Safety 

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

5.6 91.151, Fuel requireme nts for flight in VFR conditions. 

Extent of Relief 

§91.151, all provisions. 

Reason for Relief 

The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, 

including today's longest endurance platforms, are unable to meet this requirement because of 

limited max flight times. 

Doc ID: 4ee8b51 f0d092fl2al83bc23faa556549cc6fd85 
8 

Equivalent Level of Safety 

An equivalent level of safety can be achieved by limiting flights for the sUAS according to the safety 

limitations described in the GOM. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating area. 

5. 7 91.405, 91.407, 91.409, 91.417 Inspection and Maintenance Programs 

Extent of Relief 

§§ 91.405, Maintenance required; 91.407, Operation after maintenance, preventive maintenance, 

rebuilding, or alteration; 91.409, Inspections; and 91.417, Maintenance records. 

Reason for R elief 

The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore, 

FAA certified mechanics for sUAS do not at this present time exist, so full compliance is not possible. 

The sUAS flown are modular and as such entire components including engines and propellers are 

minor replacements rather than major repairs. Finally, continuous minor alterations and payload 

reconfigurations of sUAS are designed and required for the operation of sUAS and do not negatively 

impact airworthiness. 

Equivalent Level of Safety 

Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition. Each 

sUAS is maintained according to the manufacturer standard or higher by technicians proficient in the 

building, repair, and maintenance of the s U AS. Inspection and Maintenance manuals utilized contain 

all aircraft-relevant items as described in (43 Appendix D (Scope and Detail of Items). Maintenance 

records are maintained in the Operations Database; either online on the Skyward Platform, and 

are therefore immediately auditable by regulators on demand, or as otherwise determined by R.C 

Aerial. Finally, manuals will be submitted to the local FSDO ASI or other appropriate FAA division 

directly. 

6 Public Interest 

R.C Aerial believes that the enhanced safety achieved using a sUAS with the specifications described 

in this petition and supporting documents and by carrying no passengers or crew, rather than a 

manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel, 

gives the FAA good cause to find that the UAS operations enabled by this exemption are in the 

public interest. 

The outputs of safe, reliable, and regulatory compliant operations of sUAS provide economic benefits 

historically unpamlleled since the invention of flight, benefiting stakeholders at every level, both 

public and private. Lawful, safe aerial robotics operations will create new high-tech employment 

that will stimulate city and state governments; improve industries, create new small and large 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85 
9 

businesses; infuse new interest in STEM for children; and increase the safety of citizens through 

enhanced first-responder capabilities. 

7 Privacy 

All flights will occur over private, limited, or restricted-access areas with the property owner's prior 

consent and knowledge. Operations will be conducted by trained crew and all other individuals will 

either be a part of the operation or consent to be present at the time of operations. 

8 Federal Register Summary 

Pursuant to 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: 

Applicant 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), 61.133(a); 91.7 (a); 91.9 (b) (2); 91.109; 91.119; 91.121; 

91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a.) (2) and 91.417 (a) 

& (b) to operate s U AS for commercial use. 

9 Conclusion 

RC Aerial seeks this exemption to conduct commercial operations using sUAS within restrictedaccess areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public 

economic benefits derived from increased sUAS development will be denied, and the Congressional 

directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and 

operational characteristics are compliant with those described in the FMRA and FAA's guidance for 

Sec 333 exemptions. RC Aerial respectfully requests that the FAA grant its petition for exemption 

from airworthiness. 

Please do not hesitate to contact Andrew McCollough, the Professional Services POC, via email at 

exemption@skyward.io if you have any questions or concerns. 

Very Respectfully Yours, 

Andrew St Laurent 

RC Aerial CEO 

Doc ID: 4ee8b51 IDd092f12a183bc23faa556549cc6fd85