Aerotas

Logan Campbell ­ President

156 2nd Street

San Francisco, CA 94105

(510) 671­0693

www.aerotas.com

info@aerotas.com

August 4th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request for Aerotas, Under Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Aerotas requests an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow commercial operation of its Unmanned Aircraft Systems (“UAS”)

for the purposes of aerial photography, surveying, infrastructure inspection, , precision

agriculture, mapping, and other flight operations that could be performed safely and more cost

effectively than a traditional manned aircraft.

Applicant Name & Address

Aerotas

Logan Campbell, President

156 2nd Street, San Francisco, CA 94105

Email: info@aerotas.com

Phone: (510) 671­0693

Company & Aircraft Specifics

Aerotas is a privately­owned company founded in 2014 to explore the commercial applications

of UAS. Aerotas’ UAS are rotorcraft, weighting 55 or fewer lbs. including payload. They operate,

under normal conditions at a speed of no more than 50 knots and have the capability to hover,

and move in the vertical and horizontal plane simultaneously. They will operate at altitudes of no

more than 400 feet, and only in line of sight.
Aerotas will be using the DJI Inspire 1, the DJI Phantom 2 Vision+, the DJI Phantom 3

Professional, and the 3D Robotics Solo aircraft. They will operate only within the areas and

under the conditions as described in the Aircraft Flight Manuals (“AFM”) (hereinafter “the

Manuals”). Operations in compliance with these manuals will insure that the UAS will not create

a hazard to users of the national airspace system or the public and that the aircraft will operate

in compliance with the conditions set forth in this application.

In support of this application, Aerotas is submitting the following manuals:

1. DJI Inspire 1 User Manual v1.4

2. DJI Inspire 1 Maintenance Manual v1.0

3. DJI Inspire 1 Safety Guidelines

4. DJI Phantom 2 Vision+ User Manual v1.8

5. DJI Phantom 3 Professional User Manual v1.2

6. DJI Phantom 3 Safety Guidelines Disclaimer

7. DJI Phantom Pilot Training Guide

8. Intelligent Flight Battery Safety Guidelines

9. 3DRobotics Solo User Manual v4

Regulations from which the exemption is requested

14 C.F.R. § 61.23 (a) and (c)

14 C.F.R. § 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a) and (b)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.119 (c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a)

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1) and (a)(2)

14 C.F.R. § 91.417(a) and (b)

14 C.F.R. §61.23 (a) and (c)​: Medical certificates: Requirement and duration; 14 C.F.R. §

61.101(e)(4) and (5)​: Recreational pilot privileges and limitations; 14 C.F.R. § 61.113(a)​: Private

pilot privileges and limitations: Pilot in command;14 C.F.R. §61.315(a):​What are the privileges

and limits of my sport pilot certificate? The UAS operations proposed will not carry a pilot or

passengers, and therefore can achieve the equivalent level of safety of current operations by

requiring the PIC operating the aircraft to have a Sport Pilot (or greater) certificate. A visual

observer (VO) will be utilized and required to communicate with the PIC verbally at all times.

The UAS will be limited to operations within visual line of sight (VLOS) of both the PIC and the
VO. All UAS operations will take place in a controlled and restricted area. The risks associated

with the use of a UAS are less than similar commercial aircraft operations.

14 C.F.R. §91.7(a)​:Civil aircraft airworthiness. As there will be no airworthiness certificate for

the aircraft, should this exemption be granted, no FAA regulatory standard will exist for

determining airworthiness. Given the size of the aircraft, regular maintenance and the use of a

safety checklist prior to all flights, an equivalent level of safety can be maintained.

14 C.F.R. § 91.119 (c)​:Minimum safe altitudes: General. The UAS will never be operated at an

altitude higher than 400 feet AGL. The UAS will operate in safe areas away from public and

traffic and only with permission of the property and structure owners. Compared to flight

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed

herein and the lack of flammable fuel, any risk associated with these operations is far less than

those presently presented with conventional aircraft operating at or below 500 AGL in the aerial

photography industry. Given the size, weight, maneuverability and speed of the UAS< and

equivalent or higher level of safety will be achieved.

14 C.F.R. § 91.121​:Altimeter settings. As the UAS may not have a barometric altimeter, but

instead a GPS sensor for altitude information, an exemption will be required. An equivalent

level of safety will be achieved by the operator, confirming the altitude of the launch site shown

on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a)(1)​:Fuel requirements for flight in VFR conditions. The UAS has a limited

range and will be limited to operations in a controlled environment. The battery powering the

UAS provides up to 25 minutes of flight time, and the UAS is unable to meet the 30 minute

reserve requirement and therefore requires an exemption. An equivalent level of safety will be

achieved by monitoring the battery through the ground station and landing with a minimum of 25

percent of battery power remaining. This restriction would be more than adequate to return the

UAS to its planned landing zone from anywhere within its limited operating area.

14 C.F.R. § 91.405(a)​:Maintenance required. 14 C.F.R. § 91.407(a)(1)​:Operation after

maintenance, preventive maintenance, rebuilding, or alteration. 14 C.F.R. §91. 409(a)(1) and

(a)(2)​:Inspections. 14 C.F.R. § 91.417(a) and (b)​:Maintenance records. As these sections

apply only to aircraft with an airworthiness certificate, these sections do not apply to the

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and

operating handbook and per the manufacturer’s recommendation. As a safety precaution, the

operator will perform preflight inspections and ensure the UAS is in working condition before

initiating each flight.

Public Interest

The use of a UAS in lieu of manned aircraft would enhance safety and reduce environmental

impact compared to similar operations conducted with a manned aircraft carrying a crew and
flammable fuel. The inspections of cellular communication towers or similar structures will

eliminate the risks associated with persons attempting to climb these structures. The

photographs and video collected will provide engineers with valuable information as to the

safety of these structures. The use of a UAS in the real estate industry provides both the buyer

and seller with a higher level of marketing, service, and knowledge of the property.

When compared to similar operations, utilizing a UAS poses much less of a safety concern for

the general public with less fuel, time, noise, or other resources and is, therefore, in the public

interest.

Equivalent Level of Safety

Given the small size of the UAS involved and the restricted environment within which they will

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in

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

UAS to commence immediately. Also due to the size of the UAS, the restricted areas in which

the relevant UAS will operate and the fact that aircraft will be flown by pilots holding at least a

FAA sport pilot license, approval of the application presents no national security issue. Given

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

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed

operations, and the significant public benefit, including enhanced safety, reduction in

environmental impacts, including reduced emissions associated with allowing battery powered

UAS for these functions instead of turbine or gas power aircraft/rotorcraft and operations with

pilots having at least a private pilot license, the grant of the requested exemptions is in the

public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay.

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or higher level of safety to operations under the current regulatory structure

because the proposed operations represent a safety enhancement to the current operations

conducted with conventional aircraft.

Conditions and Limitations

In addition to the safety standards mentioned above, Aerotas agrees to adhere to the following

conditions and limitations when conducting commercial operations under an FAA issues

exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1, the DJI

Phantom 2 Vision+, the DJI Phantom 3 Professional, and the 3D Robotics Solo when

weighing less than 55 pounds including payload. Proposed operations of any other

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed­set motion picture and television filming are not

permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA­issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO

and PIC must be able to communicate verbally at all times; electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before the

flight and cannot transfer his or her designation for the duration of the flight. The PIC

must ensure that the VO can perform the duties required of the VO.

7. An exemption and all documents needed to operate the UAS and conduct its operations

in accordance with the conditions and limitations stated in a grant of exemption, are

hereinafter referred to as the operating documents. The operating documents must be

accessible during UAS operations and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations in an exemption

and the procedures outlined in the operating documents, the conditions and limitations of

the exemption take precedence and must be followed. Otherwise, the operator must

follow the procedures as outlined in its operating documents. The operator may update

or revise its operating documents. It is the operator’s responsibility to track such

revisions and present updated and revised documents to the Administrator or any law

enforcement official upon request. The operator must also present updated and revised

documents if it petitions for extension or amendment to a grant of exemption. If the

operator determines that any update or revision would affect the basis upon which the

FAA granted an exemption, then the operator must petition for an amendment to its

grant of exemption.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g., replacement of a flight critical component, must undergo a

functional test flight prior to conducting further operations under an exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in

a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre­flight inspection and determine the UAS

is in a condition for safe flight. The pre­flight inspection must account for all potential
discrepancies, e.g., inoperable components, items, or equipment. If the inspection

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under an exemption must comply with all manufacturer safety

bulletins.

13. Under a grant of exemption, a PIC must hold either an airline transport, commercial,

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of

Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft

in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability

to safely operate the UAS in a manner consistent with how the UAS will be operated

under an exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b).

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency,

and experience­building) and determining the PIC’s ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under an exemption are permitted

under the terms of an exemption. However, training operations may only be conducted

during dedicated training sessions. During training, proficiency, and experience­building

flights, all persons not essential for flight operations are considered nonparticipants, and

the PIC must operate the UA with appropriate distance from nonparticipants in

accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted

with an ARP, the center of the airport symbol as denoted on the current FAA­published

aeronautical chart, unless a letter of agreement with that airport’s management is

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of

agreement with the airport management must be made available to the Administrator or

any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre­determined location within the private or controlled­access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least 5 minutes or with the reserve power

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO­issued COA. The exemption

holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of any attached COA.

22. All aircraft operated in accordance with an exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be

as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC

at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities

at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must

ensure that nonparticipating persons remain under such protection. If a situation

arises where nonparticipating persons leave such protection and are within 500

feet of the UA, flight operations must cease immediately in a manner ensuring

the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating

persons under this exemption.

27. All operations shall be conducted over private or controlled­access property with

permission from the property owner/controller or authorized representative. Permission

from property owner/controller or authorized representative will be obtained for each

flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's 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.
Privacy

All flights will occur over private or controlled areas with the owner’s consent. Capturing people

in images will rarely occur. If a person is captured in a collected image they will have consented

prior to filming or otherwise have agreed to being in the area prior to the filming taking place.

Summary for Federal Register

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. §§ 61.23 (a) and (c); 61.101(e)(4) and (5):

61.113(a) and (b): 61.315(a); 91.7(a); 91.119 (c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1);

91. 409(a)(1) and (a)(2) 417(a) and (b) to operate commercially a small unmanned vehicle (55

lbs. or less) for use in aerial data acquisition.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012­­size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security – provide more than adequate justification for the grant

of the requested exemptions allowing commercial operation of applicant’s UAS for the Purposes

outlined herein and are consistent with exemptions already granted, including Exemptions

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11150, 11158, 11213, 11586 and 11604.

Respectfully,

Logan Campbell

President