### 1 Donald M Roman Jr.
330.605.9580 droman556@att.net

January 9, 2015 U. S. 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 from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.10 9;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

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, TacticalMOA L LC,
d ba North East UAV , operator s of Small Unmanned Aircraft Systems (“ UAS ”) equipped to conduct aerial imagery operations for commercial, public, private entities , hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow

c ommercial operation of its UAS s , 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 333.1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive
UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations in the aerial imaging industry using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibiliti es to “...establish requirements for the safe operation of such aircra ft systems in the national airspace system.” Section 333(c) of the
Reform Act. The name and address of the applicant is: TacticalMOA LLC, dba North East UAV

Attn: Donald M Roman Jr.
Ph one : 330.605.9580
Email: droman556@att.net Address: 148 North Portage St, Doylestown, Ohio 44230

Regulations from which the exemption is requested:

□ 14 CFR Part 21

□ 14 C.F.R. 45.23(b)

□ 14 CFR 61.113 (a) & (b)

□ 14 C.F.R. 91.7 (a)

□ 14 CFR 91.9 (b) (2)

□ 14 C.F.R. 91.103

□ 14 C.F.R. 91.109

□ 14 C.F. R . 91.119

□ 14 C.F.R. 91.121

□ 14 CFR 91.151 (a)

□ 14 CFR 91.203 (a) & (b)

□ 14 CFR 91.405 (a)

□ 14 CFR 407 (a) (1)

□ 14 CFR 409 (a) (2)

□ 14 CFR 417 (a) & (b)

### 2 This exemption application is expressly submitted to fulfill Congress’ 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 rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS 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:

□ The UAS 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 t hat 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) (emphasis added)2.

The Federal Aviation Act expressly grants 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 UAS , from the requirement that all civil aircraft
must have a current a irworthiness certificate

.

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if i t should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this se ction

or any s ections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

North East UAV ’s UAS are muti

- rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 45 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within the sterile area described in the North East UAV Operations Manual, attached as Exhibit 1 ( heinafter: NE UAV Operations Manua l”)3. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.”

Given the small size of the UAS involved and the restricted sterile environment within which they will operate, the applican t falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exempt ion, allow commercial operations of UAS to commence immediately. Also due to the size of the UAS and the restricted areas i n which the
relevant UAS will operate, 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 UAS for movie and television operations, the grant of th e requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemp tion without delay.

### 3 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 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 even higher level of safety to op erations under the current regulatory structure beca use the proposed operations represent a safety enhancement to the already safe aerial imaging operations conducted with conventional aircraft.

These limitations and conditions to which North East UAV agrees to be bound when conducting commercial operations under an FAA issued exemption include:

Reform Act Section 333 (b). ADD TO THIS 1) The UAS will weigh less than 55 lbs. 2) Flights will be operated within line of sight of a pilot and/or observer. 3) Maximum total flight time for each operational flight will be 3 0 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 3 0 minute limit. 4) Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform
from which aerial imaging is planned. 5) Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the Camera Operator. 6) UAS pilot will be an FAA licensed airman with at least a priv ate pilot’s certificate and third class medical. The observer will
hold at least a third class medical. 7) UAS Pilot will be Pilot in Command ( PIC ) . If a pilot certificate holder other than the UAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC

. 8) The UAS will only operate within a confined “Sterile Area” as defined in the NEUAV Operations Manual Section I I of the NEUAV Operations Manual requires the establishment of a “Security Perimeter” for the flight operations area. 9) A briefing will be conducted in regard to the planned UAS operations prior to each aerial activit y . It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 10) The operator will obtain the consent of all persons involved in the aerial imaging activities 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 sa fety determination, as required by Section II of the NEUAV Operations Manual . With the advanced permission of the relevant DFO , operations at closer range can be approved. 11) The DFO will prepare a written Plan of Activities three days before the proposed op erations as required in Section I of the
Manual. 12) Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated as required Sections II through V of the NEUAV Operations Man ual

. 13) Observer and pilot will at all times be able to communicate by voice and/or text. 14) Written and/or oral permission from the relevant property holders will be obtained. 15) All required permissions and permits will be obtained from territorial, state, cou nty or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 16) If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and land. 17) The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, es tablishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpa rt H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FA A to exempt aircraft from the requirement fo r an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated witho ut an airworthiness certificate, in the restricted environment and under the conditions

### 4 proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airwor thiness
certificate without the restriction s and conditions proposed.
The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in th e Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the NE UAV Operations Manua l requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional a erial imaging operations . The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with aerial imaging operations , provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria de monstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation , lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C .F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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 ne ar each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "l imited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no ai rworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS , two

- inch lettering will be imposs ible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working wi th the UAS will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations

. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC (PILOT IN COMMAND) operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS 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 Manual. Th e level of safety provided by the requirements included in the Manual 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 UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when d rafted, that allowing operations of the UAS as requested with a private pilot as the PIC (PILOT IN COMMAND) exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation req uires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist fo r determining airworthin ess. Given the size of the aircraft and the requirements contained in the NE UAV Operations Manua l for maintenance and use of safety check lists prior to each flight, as set forth in Sections II,III & V , an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ...

### 5 (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is a vailable in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination
thereof.

The UAS , given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the
UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight a ction This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA a pproved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in Sections I through V of the NEUAV Operations Manual . The PIC (PILOT IN COMMAND) will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction : Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for fli ght
instruction unless that aircraft has fu lly functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the ai rcraft via
radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that n either a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operat ed at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA. As this exemption is for a UAS that is a muti

- rotorcraft and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which activities may be planned, an exe mption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL . It will however be operated in a pre

- designated area with a defined perimeter, wh ere buildings and people will not be exposed to operations without their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken w ithout the 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 as set forth in
Section II of the NEUAV Operations Manual . 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 tho se presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with
Section 91.119.

14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain crui sing altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exem ption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the NEUAV Operations Manual Section III and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

### 6 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 w ind and forecast weather conditions) there is enough fuel t o 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 battery powering the UAS provides approxima tely 4 0 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 1 0 minutes in length. Given the limitations on the UAS proposed flight area (s) and the location of its proposed op erations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, wi th
less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 1 0 minutes would negate the utility for which the exemption wi ll be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 3 0 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (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 operate a civi l 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 o r crew.

The UAS fully load ed weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS

. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS . The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions in cludes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and
10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner “shall have that aircraft i nspected 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.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenc ed
in the NEUAV Operations Manual .(See Sections V ) An equivalent level of safety will be achieved because these small UAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanic al issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the ope rator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a l og of any

### 7 maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11, the followin g 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);91.7 (a); 91.9 (b) (2);91.103(b);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 comme rcially a small unmanned vehicle (55lbs or less) in aerial imaging operations.

Ap proval of exemptions allowing commercial operations of UAS for North East UAV will enhance safety by reducing risk.
Conventional aerial operations, using jet or piston power aircraft operate at extremely low altitudes just feet from the subject (s) being vi ewed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 2 ,000lbs. to 4,000lbs. , carrying large amounts of jet A or other fuel s . Such aircraft must fly to and from the designat ed location. In contrast, a UAS weighing fewer 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 UAS is carried to the designated location and not flown. The

UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UAS , weighting less than 55 lbs., conducted in the strict conditions outlined abov e, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requireme nts of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in clos e proximity to the ground and people.

Privacy All flights will occur over private or cont rolled access property with the property owner’s prior consent and knowledge. Aerial imaging will be of people who have also consented to being filmed or otherwise having agreed to be in the area where aerial imaging will take place.

Set forth below are PIC (Pilot In Command) Pic tures of aerial imaging/operations conducted in both day and night environment, as flown today in highly populated and/or urban areas, with turbine /piston po wered aircraft . The grant of this exemption request will provide improved safety in both day and night operations.

### 8 Night operations will also be conducted by UAS and such operations will be fully lighted so that visibility is as though imaging was conducted during daylight hours.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequ ate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the aerial imaging industry pursuant to the NEUAV Operation Manual appended hereto.

Sincerely,
Donald M

. Roman Jr. 

### Donald M

. Roman Jr.
TacticalMOA LLC, dba North East UAV

Attachments: PIC (PILOT IN COMMAND) Credential
North East UAV Operations Manual

### 9 

# Appendix

– A PIC (PILOT IN COMMAND) Credentials

 20+ Years as a Private Pilot with Current Class III Medical
 Owner Operator of Experimental and Certified Airc raft.
 30 Years’ experience building & flying Remote Control Aircraft (Fixed Wing, Rotary and Multi

- Rotor)