May 22 , 2015

Exemption No. 11683 Regulatory Docket No. FAA

– 20 15

– 0725

Mr. Christopher E. Hibben Director of Operations Snap 180 Media LLC 226 Needmore Road Sidney, AR 72577

Dear Mr. Hibben : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter posted to the public docket on March 24, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Snap 180 Media LLC ( herein after petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography and UAS training

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21 , C ertification procedures fo r products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision
You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and 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 operation enabled by this exemption is in the public i nterest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Snap 180 Media LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 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 (2), and 91.417(a) and (b), to the extent necessary to allow the petit ioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Snap 180 Media LLC is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.3

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when
we ighing 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 closed

- set 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 airsp eeds 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 FAA

- issued 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 maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s 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 limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator 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 up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update4

or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st 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 i s in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable comp onents, 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 this exemption must comply with all manufacturer safety bulletins.

13. Under this 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal G overnment. The PIC must also meet the flight revi ew 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 this exemption, including evasive and emergency maneuvers and main taining 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 (trai ni ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated5

under this exemption are permitted under the terms of this exemption. However, training operat ions may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building 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 sy mbo l as denoted on the current FAA

- published 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 mu st 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 sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohib ited 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 th e manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to cond uct operations that cannot be conducted under the terms of the attached COA

.
22. All aircraft operated in accordance with this 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 availabl e to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.6

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 nonpartici pating 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 r emain 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 control led

- access property with permission from the property owner/controller or aut horized 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 opera tional area as defined by the applicable COA must be reported to the FA A'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

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standa rds District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day7

notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;
e. Name and certific ate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available t o the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essenti al to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Unless otherwise specifie d in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.
This exemption terminates on May 31, 2017 , unless sooner superseded or resc inded.
Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

EnclosuresSnap 180 Media LLC

Attn: Christopher E. Hibben 1925 Jackson Street Oshk osh, WI 54901 U.S. Department of T ra nsportation Dock et Management System 1200 New Jersey Ave., SE Wa shington DC 20590

Re: Exemption Request Pursuant to Section 333 of the F AA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the “Reform Act ”) and 14 CFR Part 11, Chris Hibben of Sna p 180 Media LLC, operator of an U nmanned Aircr aft System (UAS), hereby applies f or an e xemption from the listed Federal Aviation Regulations (“F ARs”) to allow commercial operation of its UAS, so long as such operations are conducted within and under the

co nditions outlined herein or as may be established by the F AA as required by Section 333.
Commercial operation of an UAS, as described herein, which are equipped with camer a(s) and sensors, would operate in the following manner:
Aerial photography and/or video f or public and/or private use including real estate, architecture, land surveying, engineering and other relate d professional activities.
Aerial video and/or photogr aph y f or public and/or private use including television, public events, cinematogr aph y and news g athering.
Aerial inspection/photogr aphy of residential/commercial structures under contr act with the owners or local government authority

. Aerial inspection/photogr aphy of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.
Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has reque sted it by contr act or donation.
The ability to off er training to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the saf e operation of a UAS to enhanc e the saf ety of the National Airspace System (NAS) as wellas for the protection of the persons and property

.

As described fully below , the requested exemption would permit the operation of a U AS under controlled conditions in the NAS that would be a) limi ted b) controlled c) predetermined and d) will pr ovide saf ety enhancements to the already safe operations in the industry presently using conventional aircr aft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of T ransport ation’ s (the F AA Administrator ’s ) responsibilities to “....es tablish requirements fo r the saf e operation of such aircr aft s ystems in the national airspace s ystem. ”
The name and address of the applicant is:

Snap 180 Media, LLC Attn: Christopher Hibben, Director of Operations/Chief Pilot Ph: 870

- 834

- 2655 Email: ps ychoticsarchery@gmail.com Address: 226 Needmore Rd Sidney , AR 72577
Regulations from which the exemption is requested:

14 CFR P art 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 9 1.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

Snap 180 Media, LLC will operate the DJ I Inspire 1, Model T600, with a total weight of 2935g or 6.4 7lbs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch x 11.85inch. U nder still air the maximum speed is no more than 22m/s or 49mph with a cruising speed of 11m/s or 25mph. Th e DJI Inspire 1 has the ability to hover and move along a vertical and horiz ontal plane simultaneously . The DJI Inspire 1 has f our motors, Motor Model DJI 3510, powered by a 6

- cell 4500mAh or 5700mAh Lithium Polymer battery . There are four propellers, Pr opeller Model DJI 1345, in use. The DJI Inspire 1 will be controlle d with the C1 remote controller with an oper ating frequency of 2.400GHz

– 2.483GHz. The live video f eed will have an operating frequency of 5.728GHz

– 5.850GHz. The applicant will operat e the UAS in line of sight within a closed off and predetermined

area owne d and/operated by the property representative.Given the small size of the U AS and the controlled environment provided the proposed operations

will adhere to the Ref orm Act ’s safety requirements. The approv al of this application presents no national security issues. Reg arding the level of safety surrounding the proposed operations and the public benefit, re duction in environmental impacts, including but not limited to reduced emissi ons and noise, the gr ant of the requested exemption is in the public interest. Accordingly the applicant requests that the F AA gr ant the requested exemption with minimum dela y.

**AIRCRAFT AND EQUIV**

**ALENT LEVEL OF SAFETY**
The operation limitations proposed for an equivalent or higher level of saf ety because operations will further enhance the saf ety of the persons and/or property using conventional aircr aft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial oper ations under the F AA issued exemption as set forth in the Flight Operations Manual (FOM) include:

The U AS will weigh less than 55 lbs.

The U AS will have a maximum operating speed of no more than 50mph.
Flights will be operated within line of sight of t he Pilot in Command (PIC) and/or V isual Observer (VO).
Maximum flight time f or each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

Flights will be operate d a t an altitude of no more than 400 f eet Above Ground Level (AGL) and not more than 200 f eet above an elevated platform from which filming is planned.

Minimum crew f or each operation will consist of the UAS Pilot, the V isual Observer (VO) and may include but not limited to a Camera Operator

.
The U AS pilot will be a designate d Pilot in Command (PIC) and hold a Commercial Pilot ’s License along with a Second or higher Class Me dical Certificate. If the PIC f eels another operator to be qualifie d with the neces sary skills to be PIC & possess a Commercial Pilot ’s License along with a Second or higher Class Medical Certificate, that person may be designated PIC pr ovide d they have a minimum of 20 hours of flight time with the UAS.
A briefing will be perf orme d regar ding the planne d U AS operations prior to each da y’ s flight consisting of all the days’ production activities.
All flights will occur under V isual Flight Rules Meteorological Conditions (VMC) only

. The flights will occur no closer than a 5 mile radius of th e geographic center/ Airport Reference Po int (ARP) of a tower controlled or uncontrolled airport.
If operations will be within a 5 mile radius of the geogr aphic center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respectiv e airports will be contactedadvising them of the estimated flight time, flight duration, elevation of flight and other pertinent inf ormation.
The operator will file F AA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District O ffice (FSDO) no more than 72 hours but no less than 48 hours from planned operation.
The operator will obtain verbal/written consent of all persons involved with the planned
oper ation and ensure that only co nsenting persons will be allowed within 100 f eet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of saf ety determination, as required under the FOM. W ith the adv ance d permission of the FSDO, operations at c loser r ange may be approved.

The PIC and VO will have been tr ained in operation of U AS and receive up

- to

- date information for the particular U AS to be operated.
The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

Written a nd/or verbal permission and permits will be obtaine d from territorial, state, county or city jurisdictions, including law enf orcement, fire or other appropriate governmental agencies.

If the U AS loses communications with the remote controller or loses GPS signal, the U AS will have the c apability to return to a pre

- determine d location within a designated location and land aut onomously

.
The U AS will have the capability to abort a flight in case of unpredicted obstacles, weather , or emergencies.

**14 C.F .R. P**  **art 21, Subpart H: Airworthiness Certificates 14 C.F**  **.R. §91.203 (a) (1)**

Subpart H, entitle d Airworthiness Certificates, establishes the procedur al requirements for the issuance of airworthiness certificates as required by F AR §91.203 (a) (1). Given the siz e and limite d oper ating area associated with the aircr aft to be utiliz ed by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equiv alent level of safety under P art 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 F AA to ex empt aircr aft from the requirement f or an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and pop ulated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer , tha n a conventional aircr aft (fix ed wing or rotorcr aft) operating with an airworthiness certificate without the restrictions and conditions pr opose d.

The U AS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger

, c arries no e xplosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. U nlik e other civil aircr aft, operations under this e xemption will betightly controlled and monitored by both the operator and under the requirements and in compliance

with local public saf ety requirements. The F AA will have advance notice of all operations. These saf ety enhancements 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 demonstrates that there is no credible threat to national security posed by the U AS, due to its size, speed of oper ation, location of ope ration, 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 Aircr**  **aft**

The regulation requires: When marks include only the Roman capital letter "N" and the regis tr ation number is displa yed on limited, restricted or light

- sport category aircr aft or experimental or provisionally certificated aircr aft, the operator must also display on that aircr aft 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 "limited," "restricted," "light

- sport," "e xperimental," 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 place d. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experime ntal” will be place d on the fuselage in compliance with §45.29 (f).
The equivalent level of safety will be provided by having the UAS mark ed on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the U AS will see the i dentification of the U AS as “Experimental. ”

**14 C.F .R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.** 
Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircr aft that is carrying passengers or property for compensation or hire. Snap 180 Media LLC may achieve an equiv alent level of safety as achieved by current Regulations because the applicant ’s U AS do not carry any pilots or passengers nor property

. The risks attendant to the oper ation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the U AS will have a Private Pilot ’s Lic ense along with a current Third Class or higher Me dical exceeding the current saf ety levels in relation to 14 CFR 61.113 (a) & (b). I f eel the oper ation and limitations set f orth in the FOM will equate to the saf e operation of the UAS.

**14 C.F .R. §91.7(a): Civil Aircr**  **aft Airworthiness.**

The regulation requires that no pe rson may oper ate a civil aircr aft unless it is in airworthy condition. As there will be no airworthiness certificate issue d f or the aircraft, should this exemption be granted, no F AA regulatory standard will exist for determining airworthiness. Given the s ize of the aircr aft f or maintenance and use of saf ety check lists prior to each flight an equivalent level of saf ety will be pr ovide d.

**14 C.F .R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircr**  **aft.**Section 91.9 (b) (2) provides: No person ma y op erate a U.S.

- registered civil aircr aft ... (2) For which an

Airplane or Rotorcr aft Flight Manual is not require d by §21.5 of this chapter , unless there is available in the aircr aft a current approved airplane or R ot orcr aft Flight Manual, approved manual ma terial, markings, and placards, or any combination thereof . The U AS, given its size and configuration has no ability or place to carry such a flight manual on the aircr aft, not only because there is no pilot on board, but because there is no room or capac ity to carry such an item on the aircr aft. The equivalent level of safety will be maintained by k eeping the flight manual at the ground control point where the pilot flying the U AS will have immediate access to it.

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

T his regulation requires each pilot in command to tak e certain actions bef ore flight to insure the saf ety of flight. As F AA approved rotorcr aft flight manuals will not be provided f or the aircr aft an exemption will be nee ded. The PIC will tak e all actions a s stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather , flight battery requirements, landing and tak eoff distances and aircr aft perf ormance data before initiation of flight.

**14 C.F .R. §91.109: Flight Instru**  **ction.**
Section 91.103 provides that no person ma y operate a civil aircr aft (except a manned free balloon) tha t is being used f or flight instruction unless that aircr aft has fully functioning dual controls. UAS and remotely pilote d aircr aft, by their desig n do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via r adio communications. The F AA has approved exemptions for flight training without fully functional dual

co ntrols for a number of aircraft and for flight instruction in experimental aircr aft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircr aft and by the size and speed of the aircr aft.

**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 operated at less than the minimums prescribed, provided the person operating the helicopter complie s with an y route or altitudes prescribed for helicopters by the F AA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planne d, an e xemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exc eeds 400 f eet AGL, the UAS will not be operated more than 200 f eet above the highest point on the s tructure. It will however be operated in a restricted area with security perimeter , where buildings and people will not be expose d t o operations without t heir pre

- obtaine d c onsent.
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 tak en without the permission of the property owner or local officials. Beca use of the adv ance notice to the property owner and participants in the filming activity , all aff ected individuals will be aware of the planned flight operations. Compared to flight oper ations with aircr aft or rotorcr aft weighting f ar more than the maximum 55lbs. proposed hereinand the lack of flammable fuel, any risk associated with these operations is f ar less than those

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 UAS operations and the oper ations of conventional aircr aft that must comply with Section 91.119.

**14 C.F .R. §91.121 Altimeter Settings.** 
This regulation requires each person operating an aircr aft to maintain cruising altitud e by reference to an altimeter that is set “

... to the elevation of the departure airport or an appropriate altimeter setting av ailable bef ore departure. ” As the U AS may not have a barometric altimeter , but instead a GPS altitude read out, an e xe mption may be neede d. An equivalent level of safety will be achieved by the operator

, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator be fo re flight.

**14 C.F .R. § 91.151(**  **a): Fuel Requirements for Flight in VFR Conditions**
Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and f orecast weather conditions) there is enough fuel to fly to the first p oint of intended landing, and, assuming normal cruising speed

– (1) During the day , t o fly after that f or at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. ”

The battery powering the UAS provides appro ximately 30 minutes of p owered flight. T o meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’ s proposed flight area and the location of its pr opose d operations within a pre determined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.
Applicant believes that an ex emption from 14 CFR §91.151(a) f alls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with 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 sp eed of the small UAS. Additionally , limiting U AS flights to 10 minutes would greatly reduce the utility f or which the e xemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the UAS to its planne d landing zone from anywhere in its limited operating area.

**14 C.F .R. §91.203 (a) and (b): Carrying Civil Aircr**  **aft Certification and Reg istration** 
The regulation provides in pertinent part:
(a) Except as provided in § 91.715, no person may operate a civil aircr aft unless it has within it the fo llowing:
(1) An appropriate and current airworthiness certificate. . . .
(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragr aph(a) of this section or a special flight authorization issue d under §91.715 is displa yed at the cabin or

cockpit entrance so that it is legible to passenge rs or crew

.
The U AS fully loade d 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 regis tration documents or to display them on the UAS.

An equiv alent level of safety wi ll be achieved by k eeping these documents at the ground control point where the pilot flying the U AS will have immediate access to them, to the extent they are applicable to the U AS.

**14 C.F .R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenan**  **ce Inspections.**
These regulations require that an aircr aft operator or owner “shall have that aircr aft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragr aph (c) of this section, have disc repancies repaired as prescribed in part 43 of this chapter ..., ” and others shall inspect or maintain the aircr aft in compliance with Part 43.

Given that these section and Part 43 apply only to aircr aft with an airworthiness certificate, these sections wi ll not apply to the applicant. Maintenance will be accomplished by the oper ator pursuant to the flight manual and operating handbook. An equivalent level of saf ety will be achieved because the U AS is very limited in siz e and will carry a small payload and oper ate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 f eet AGL. The operator will ensure that the UAS is in working order prior to initiating fli ght, perf orm required maintenance, and k eep a log of an y maintenance perf ormed. Moreover

, the operator is the person most f amiliar with the aircr aft and best suited to maintain the aircr aft in an airworthy condition to provide the equivalent level of safet y.
An equiv alent level of safety will be achieved because maintenance and inspections will be perf ormed in accordance with the UAS Manufacturer's U ser Manual. As provided in the FOM, the oper ator will ensure that the UAS is in working order prior to init iating flight and perf orm required maintenance nee ded.

**Additional Information**

The applicant, Christopher E. Hibben , has been involved in the building and piloting of remote controlled aircr aft f or more than 5 years and has been a Private Pilot for more tha n 7 years with over 500 hours of PIC in multiple aircr aft. Also the primary pilot, Christopher E Hibben , has an indepth understanding of the capabilities and safety concerns inv olved in using this technology as an asset to the community . Satisfaction of cr iteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the gr ant of the requested exemptions allowing the commercial oper ation of the applicant ’s UAS.

Sincerely , Christopher E. Hibben