20 May 2015

US Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 13 CFR Part 11, Big Picture Aerial Services (hereby referred to as “the petitioner”) requests an exemption from the Federal Aviation Regulations outlined below. The petiti oner requests exemption in order to allow its use of multiple unmanned aerial systems ( UAS ) in commercial operations for the purposes of aerial data
collection , so long as such operations are conducted within and under the conditions outlined herein or as

m ay be established by the FAA as required by Section 333 or Section 49 USC § 44701.

Big Picture Aerial Services is prepared to comply with conditions that the FAA has issued in recent Section 333 exemptions . Du e to the strong similarity between Big Pictu re Aerial Service’s operations

and those already approve d for exemption, summary review and rapid approval of this petition is anticipated.

NAME AND ADDRESS OF THE PETITIONER

Big Picture Aerial Services Attn: Paul C. Oyler, President
715 Leland St.

Pa so Robles, CA 93446

- 2460
Phone: 805

- 296

- 1062

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

14 CFR §§ 45.23(b), 45.27(a) & 91.9(c) 14 CFR § 61.113(a) & (b) 14 CFR § 91.7(a) 14 CFR § 91.103 14 CFR § 91.109(a) 14 CFR § 91.119(c) 14 CFR § 91.121
14 CFR § 91.151(a)14 CFR § 91.203(a)(1)

14 CFR § 91.405(a) 14 CFR § 91.407(a)(1) 14 CFR § 91.409(a)(1) & (2) 14 CFR § 91.417(a) & (b)



## I. DESCRIPTION OF ACTIVITIES

The petitioner proposes to use a modest stable of unmanned aerial systems ( UAS ) for aerial dat a collection. Safety will be the foremost consideration i n all operations. By operating small, lightweight aircraft under a strict set of limitations, the petitioner will operate UAS in the National Airspace System (NAS) while satisfying the FMRA § 333 re quirement to achieve a level of safety equivalent to traditional aircraft. In all cases, t he proposed operations will be as safe as, or safer than

, analogous operations conducted by manned aircraft.



## II. DESCRIPTION OF AIRCRAFT

All of the aircraft listed inc orporate GPS

- enhanced navigation and loss

- of

- control

- signal safe return technology. The petitioner intends to maintain and operate the following systems for commercial

purposes:

Manufacturer Model Name Weight (lbs) Flight Time (minutes) Controller

Range (miles) Intended Commercial

Operation Agribotix Hornet 5.0 40 1.0 NIR collection for agricultural applications
AscentAero Sprite 2.6 12 1.2 Search and Rescue

3DR X8

- M 4.0 20 0.5 Mapping steep terrain

3DR Aero

- M 7.9 40 0.6 Mapping flat terrain

DJI Inspire 1

(T600) 6.5 18 1.2 Aerial photo/video

DJI Phantom 3 2.8 23 1.2 Trainer

## III. PILOT IN COMMAND (PIC) QUALIFICATIONS

All operators employed by the petitioner will hold an airline transport, commercial, private, recreational, or sport pilot certificate as stipulated in the Administrator’s previous grants of exemption . As such, exemption from Section 61.113(a) and (b) is requested. The president and owner of Big Picture Aerial Services is a veteran military strike

- fighter pilot with more than 2,000 hours of military flight time. He has completed the ATP written examination and will hold an ATP license before beginning commercial

o perations.



## IV. Proposed Conditions of the Exemption

1. The UA systems utilized will weigh no more than 55 lbs., inclusive of battery and payload.

2. UA operations under this exemption will be conducted for the purpose of aerial data collection in support of a va riety of civic bodies, enterprises, individuals, and industries. These include, but are not limited to: agriculture, conservation, development, mapping, photography and surveying

.

3. Flights will be operated within line of sight of a pilot and visual observe r (when utilized)

.

4. Flights will be operated at an altitude of no more than 400 feet AGL. All altitudes reported to
ATC must be in feet AGL.

5. The UA will not be flown at an indicated airspeed exceeding 87 knots (100 mph).

6. Minimum flight crew for each operation will consist of the UA pilot in command (PIC). A visual observer (VO) may be used when deemed appropriate given the conditions and nature of the operation , but is not required. Please note: This provision is critical because many of the petiti oner’s intended commercial operations will consist of very short duration “up

- down” flights. These operations would be impractical and unprofitable if the petitioner were required to employ a visual observer on every flight

.

7. The PIC will have, at a mini mum, a sport pilot license and a third class medical certificate or a
U.S. driver’s license.

8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria and demonstrates the ability to safely operate the UA in a mann er consistent with this exemption, including evasive and emergency maneuvers and appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). A record of the PIC training will be documented and made available upon request by the Administrator. Training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all

persons not essential for flight operations will be considered nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR §
91.119.9. The VO, when utilized, will not perform any other duties beyond assi sting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions, and will not be permitted to operate the camera or other instruments.

10. The PIC will be designated before the flight and will not be allowed to transfer h is or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in these conditions and the operating documents.

11. A briefing will be conducted in regard to the planned UA operations prior to each da y’s activities. It will be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing.

12. Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to ensure
it is i n a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the PIC will not operate the UA until the necessary maintenance has been performed and the UA is found to be in a condition for safe flight. All maintenance and alterations will be properly documented in the aircraft records.

13. Petitioner will conduct a functional flight test on any UA that has undergone maintenance or alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight critical component. The PIC who conducts the functional test flight will make an entry in the
aircraft records.

14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, in
accordance with the UA m anufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements set forth in the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in th e aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UA to service. The authorized person will make an entry in the aircraft record of the corrective action taken ag ainst discrepancies discovered between inspections.

15. The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective
lenses. PIC and VO will at all times be able to communicate verbally. They will not be permitted to use electronic messaging or texting to communicate during flight operations.

16. The PIC will not begin a flight unless (considering wind and forecast weather conditions) ther e is enough power to fly at normal cruising speed to the intended landing point and prepare to land each UA with 20% battery life remaining.

17. Actual total flight time for each operational flight will result in no less than a 20% battery reserve.

18. The UA will have the capability to abort a flight in case of unexpected obstacles or emergencies.19. The UA will be programmed so that if it loses communications or loses its GPS signal, it will

return to a pre

- determined location within the planned operating area and l and or be recovered in accordance with the operating documents

20. If the UA and its radio control link disconnect during flight, the system’s failsafe protection will be triggered and the system will return to home and land automatically.

21. The operating docume nts required under 14 CFR §§ 91.9 and 91.203 will be maintained and available to the PIC at the Ground Control Station of the UA any time the UA is operating. These documents will be made available to the Administrator or any law enforcement official upon request. If a discrepancy exists between the conditions and limitations in the exemption grant and the procedures outlined in the operating documents, the grant conditions and limitations will take precedence and will be followed. Otherwise, the petitione r will follow the procedures outlined in its operating documents. If it updates or revises its operating documents, it will present updated and revised documents to the Administrator upon request. If the petitioner determines that any update or revision w ould affect the basis upon which the FAA granted the exemption, then the Petitioner will petition for an amendment to the grant of exemption.

22. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of the
landowners over which flights will be conducted.

23. Petitioner will obtain all required permissions and permits from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

24. UA operations will not b e conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights will not be conducted under special visual flight rules (SVFR).

25. The petitioner will obtain an Air Traffic Organizat ion (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. Petitioner will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the op eration. All operations will be conducted in accordance with airspace requirements in the ATO issued COA, including class of airspace, altitude level and potential transponder requirements.

26. The UA will not be operated within 5 nautical miles of an airport reference point as denoted on a

current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management has been obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. Any letter of agreement with the airport management will be made available to the Administrator upon request.

27. The UA will 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.

28. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO
issued COA.29. All aircraft operated in accordance with this exemption will 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 will be as large as practicable.

30. Before conducting operations, petitioner will ensure that the radio frequency spectrum used for operation and control of the UA complies with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

31. The UA will remain clear and yield the right of way to all manned aviation operations and
activities at all times.

32. The UA will n ot be operated by the PIC from any moving device or vehicle, with the exception
of a boat or watercraft.

33. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless one of the following three conditions is met:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The petitioner will 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, the PIC will ensure that flight operations cease immediately.

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.

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).

34. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operationa l area as defined by the applicable COA to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Petitioner will report accidents to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

## V. FAR EXEMPTIONS REQUESTED

The petitioner requests exemption from several provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for the purpose of conducting aerial data collection utilizing the UAS listed previously. Listed below are the specific FAR sections for which an exemption is r equested and the safeguards the petitioner has established that will ensure an equivalent level of safety to those rules from which the petitioner will be
exempt.

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

Th e FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met a nd no exemption is needed. If, however, the FAA determines that there are some characteristics of the requested systems that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: The UAS requested are safe when taking into account their size, weight, speed, and operational capability. These systems weigh less than 10 pounds and will be flown at speeds less than 25 miles per hour, in visual line of sight of the operator, and in remote and unpopulated airspac e over land only with the consent of the owner. The requested UAS do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The petitioner will provide advance notice of all operations via NOTAM and coordination with the local FSDO. The proposed operations will be at least as safe as, or safer than, conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here. The proposed operations will also be as safe as , or safer than

, ana logous operations conducted by manned
aircraft.

B. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states: 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.

14 C.F.R. § 91.9(c) states: No person may operate a U.S.

- registered civil aircraft unless t hat aircraft is identified in accordance with part 45 of this chapter. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- Number) markings in accordan ce with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14.Equivalent Level of Safety: The petitioner will mark all UAS with their N

- Number in a

prominent spot on the fuselage and/or wings with markings that are as large as practicable.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

The petitioner seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in
which th e PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire.

Equivalent Level of Safety: While the UAS will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the
PIC to have a comm ercial pilot certificate and a class II medical certificate.

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

The petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, the petitioner requests that the requirements for Section 91.7 be treated in accorda nce with FAR Part 21 Subpart H.

E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2): (b) No person may operate a U.S.

- registered civil aircraft

- ... (2) For which an Airplane or Rotorcraft Flight Manual is 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 comb ination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate... (b) No person may oper ate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The peti tioner does not request an exemption from this section but notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flightmanual, registration certificate and other documentation will be kept at the con trol station with

the PIC during all operations

.

F. 14 C.F.R. § 91.103: Preflight Action

The petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft perfo rmance data before initiation of flight. Under these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required.

Equivalen t Level of Safety: An equivalent level of safety w ill be provided by operating in accordance with the proposed conditions of this exemption

. Additionally, t he PIC will take all required preflight actions

- including performing all required checklists and r eviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing area s

- before initiation of flight

.

G. 14 C.F.R. § 91.109(a): Flight Instruction

The petitioner seeks an exemption from 1 4 C.F.R. § 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by

t heir design, do not have functional dual controls. Instead, flight control is accomplished through the use of the Ground Control System consisting of the antenna with the command and control link and the data link, a case with a built

- in joystick, and a ba ck

- up controller that communicates
with the aircraft via radio modem communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the
aircraft and the control station will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the UAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance awa y in the event that the aircraft experiences any difficulties during flight instruction. In addition, the petitioner will conduct flight training at a remote facility away from population centers. Accordingly, the petitioner’s proposed method of operation provides superior levels of safety to the levels achievable by manned flight operations

.

H. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

The petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §
91 .119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The Manuals provide for operations away fromcongested population areas, but in close proximity to potential inspe ction sites and structures. The

FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by the petitioner.

Equivalent Level of Safety: Compared t o flight operations with aircraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently existing with conventional aircraft. An equi valent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the locations where it is operated. In order to avoid any risk to aircraft, flight operations will be
restricted to 400 feet AGL or below. All persons who are not involved with the petitioner’s operations will be required to be at least 500 feet from flight operations.

I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an
aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be op erated at or below 400 feet AGL and within visual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator.

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The petitioner requests an exemptio n from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in
VFR conditions. Section 91.151 states: (a) No person may begin 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 least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

The aircraft are battery powered with a maximum flight time of 40. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) fifteen minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated
with at least 20 % reserve battery power still available.

K. K. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

The petitioner seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specifymaintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. §

91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in pa rt 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which
the UAS will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performed prior to and after every flight and following every maintenance
action . This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft and procedures to document and maintain maintenance records for the aircraft. This also includes preflight inspection procedures.

VI. 

## PUBLIC INTEREST

Granting Big Picture Aerial Services’ petition for exemption is in the public interest. Congress has supported safe integration of UAS into the NAS. By granting this petition, the FAA will honor Congress’s intent to allow UAS to operate safely within the NAS prio r to the completion of rulemaking required under Section 332 of the Reform Act.

In every case, Big Picture Aerial Services’ operations will significantly reduce the risk to all persons involved when compared to analogous operations flown by manned aircraf t. Insomuch as the Administrator’s aim is to ensure the safety of the American public, this grant of exemption furthers the Administrator’s objective.

VII. 

## PRIVACY

All flights will occur over unpopulated areas, with the consent of the landowner. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.VIII. 

## 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 t hat publication is appropriate:

Big Picture Aerial Services seeks an exemption from the following rules for the commercial operation of a small unmanned aerial system: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a ); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 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) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91. 407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property owners from the substantial hazards associated with performing analogous operations using manned aircraft.

IX. 

## CONCLUSION

The exemptions requested by Big Picture Aerial Services in this document are in every way consistent with the criteria provided in Section 333 of the Reform Act. As such, approval of this exemption request is anticipated.

Big Picture Aerial Services appreciates the opportunity offered by the Administrator to demonstrate the safety, efficiency and effectiveness of commercial UAS operations in the
NAS.

Respectfully,

Paul C. Oyler Big Picture Aerial Services
715 Leland St Paso Robles, CA 93446

- 2460
805.296.1062