U.S

. Department ofTransportation Docket Operations W12-140 1200 NewJersey Ave., Washington DC 20590 January 1, 2016

RE: Exemption Request Pursuant to Section 333 ofthe FAA Modernization and Reform act of2012, 49 U.S.C. 44701(f), and part 11 ofthe Federal Aviation Regulations. Applicant Information

The name ofapplicant: Martin R. Finco Primary contact forthis application is: Martin R. Finco Adventure Aerial UA productions 20516 Main Street Carey, Idaho 83320 Am210@msn

.com 530-249-0085

Adventure Aerial UA Productions is a company formed underthe state laws of Idaho and Martin R. Finco is an Officer and DirectorofAdventure Aerial UA Productions

Pursuant to section 333 ofthe FMRA, Adventure Aerial UA Productions hereby requests a determination bythe Secretary ofTransportation authorizing commercial operations of UAS for the purposes ofAerial photography and videography, Mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, real estate inspections, commercial videos and otherwork related to aerial photography in the NAS. Adventure Aerial UA Productions does not intend to use UAS for closed set filming. Flight operations will utilizethe offthe shelffamily of unmanned aircraft such as but not limited to: DJI, Lily, Turbo ace Matrix, Parrot. Conduct of UA operations will be with respect to FMRA section 333© and UAS "Blanket" COAPage 2 of 10 Exemption is necessary to effectthe determination requested pursuant to FMRA 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level ofsafetyto existing regulations. Authorizing Adventure Aerial UA Productions to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the lowaltitude environment, given the size, speed and inherent risk oftraditional commercial helicopter operations. These commercial operations often occur in the unsafe areas ofthe height- velocity envelope requiring special precision and skill

. Adventure Aerial UA Productions will conduct the commercial UAS operation in a mannerthat will meet and in manycases exceed the current level ofsafety ofcommercial helicopter operations

. UA that are less than 10 pounds, Have a low noise signature, and carry no volatile fuel, Will limit collateral damage in the event ofcatastrophic failure. The low expense of operation compared to cost prohibited manned aviation alternatives allow a greater economic benefitto businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used forthese commercial purposes benefitthe public interest in thefollowing ways:

- Reduces the collateral damage risks to life and property associated with low altitude helicopter operations in undesirable portions ofthe high-velocity envelope.

- Increased economic wellbeingto local businesses via cost reductions.

- Enabling aerial business solutionsto be available to a larger market.Page 3 of 10 

### Table ofcontents I. Exemptions requested II. Commercial operations/operator Ill. Unmanned Aircraft System (UAS) IV. UAS Pilot in Command (PIC) V. Public Interest VI. Summery Exemptions Requested Pursuant to 14C.F.R. Part 21 11.81 Adventure Aerial UA Productions requests exemption from thefollowing regulations: 15 C.F.R. Part 21 Subpart H- Airworthinesscertificates Establishes: The procedural requirementsfor theissuanceofairworthiness certificates as required by 14C.F.R. 91.203(a)(1) Given thesmall size ofthe UA and the safeguardsthatwill be taken as outlined below, an exemption for part 21 subpart Hmeetsthe requirements ofan equivalent level ofsafety under part 11 and section 333 ofthe FMRA with consideration "ofsize, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS." 14C.F.R. 45.239b)- Aircraft marking and Identification Requirements When marks include only Roman capital letter "N" and the registration numberis displayed on limited, restricted orlight sportcategoryaircraft orexperimentalof provisionallycertificated aircraft, theoperatormust also display on thataircraft neareach entrancetothecabin, cockpit, orpilot station, in lettersnotlessthan 2 inchesnormore than 6 inches high, thewords "limited," "restricted," "light sport, "experimental,"or "provisional," asapplicable. Adventure Aerial UA Productions will insure compliance with 45.29(f) to meetthe intentofthe regulation by displaying the registration number in the largest practicable lettering. 14C.F.R. 61.113(a) (b) and 61.133{a)(ii) and 61.101- Recreational, Privateand Commercial Pilot Privilege and Limitations 14C.F.R. 61.113: (a) Except as provided in paragraphs (b) through (g) ofthis section, no person who holds a privatepilotcertificate may actas pilotin command ofan aircraftthatis

### Page 4 of 10 Carrying passengers or propertyforcompensation or hire; nor maythat person, for compensation or hire, act as pilot in command ofan aircraft. (b) A private pilot may notforcompensation or hire, act as pilotofcommand ofan aircraft in connection with any business or employment. 14 C.F.R 61.133; (a) Privileges (1) General. A person who holds a commercial pilot certificate mayact a pilot in command ofan aircraft-(ii) For compensation or hire, providedthe person is qualified in accordance with this partand withthe applicable parts ofthis chapterthat applytothe operation. 14C.F.R. 61.101: (a) A person who holds a recreational pilot certificate may notact as pilot in command ofan aircraft: For compensation or hire, or infurtherance ofa business. ( UA operations will employ a PIC who hold at a minimum, a recreational or sport pilot certificate ofany category or class and avalid Driver's license.) 14C.F.R 91.7{a) Civil AircraftAirworthiness No person may operate a civil aircraft unless it is in an airworthycondition. (The PIC will conduct daily pre and post flight inspections in accordance with manufacturer's maintenance manual(s) and guidance. During flight, the PIC will adhere to 91.7{b) and abort air operations immediately upon identification ofan inflight emergency or other unsafe condition. By complying with procedures outlined by the manufacturer, an equivalent level ofsafety will be achieved). 14C.F.R. 91.9{b) civil aircraft manual, marking, and placard requirements (b) 2 prohibitsoperation ofU.S. registered civil aircraft unlessthere is available In the aircraft a current approved Airplane or rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. (By keeping all operating documents, manuals, authorizations and exemptions in a binder co located with the GCS, Adventure Aerial UA Productions meetthe intent of the regulations and therefore achieve an equivalent level ofsafety.) 14C.F.R 91.109{a)- Flight instruction No person may operate a civil aircraft (except a manned free balloon) that is used forflight instruction unless that aircraft has fullyfunctional dual controls. (The majority ofSUA's by design are developed with single operational control through the use of pre-determined GPS waypoints programmed before flight in addition to the use ofa hand held transmitter or control station controlled by the PIC. The design doesn't allow for dual controls duringflighttraining and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level ofsafety will be achieved by conducting all training in sterile environments. Training sessions will be accomplished separately from flights conducted for compensation or hire.

### Page 5of 10



### • 14 C.F.R. 91.119 (c)- Minimum Safe Altitudes o Except when necessary for takeoffor landing, no person may operate an aircraft below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1 ,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft

. (c) Over other than congested areas. An 

### altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters,powered parachutes, and weight-shift-c· ontrol aircraft. If the operation is conducted without hazard to persons orproperty on the surface- (!) 

### A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specificallyprescribed for helicopters by the FAA. 

### Commercial UAS operations will be conducted at or below the maximum altitude authorized by COA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.



### • 14 C.F.R. 91.121- Altimeter Settings Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating

.. . SUAS are equipped with Global Positioning System (GPS), which provide altitude and geolocation data to the operator without utilizing an altimeter

. Due to this fact, an exemption is required. GPS 

### are precise withi n afew f eet and combined with fail-safes and avisual observerthe operation will meet an equivalent level ofsafety.



### • 14 C.F.R. 91.151(a)- Fuel Requirements for Flight in VFR Conditions o 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) Duringthe day,to fly after that for at least 30 minutes; This regulation is written based on the capabilities ofa traditional aircraft, which have flight times ofseveral hours or greater; therefore, with the majority ofsUAS which have flight times ofonly an hour or less, this regulation would effectively deny the ability of the air vehicle to operate. The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the DJI low battery failsafe system

.

### Page 6of11



### • 14 C.F.R. 91.215(b) - ATC Transponder and Altitude Reporting Equipment and Use. 

### o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(I) through (b)( 5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/ A interrogations with the code specified by ATC and intermode and Mode S interrogations 

### in accordance with the applicable provisions specified in TSO C-112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 1 00-foot increments

. This requirement applies- (1) All aircraft

.In Class A, Class B, and Class C airspace areas; (2) All aircraft

. In 

### all airspace within 30 nautical miles of an airport listed in appendix D, section 1ofthis part from the surface upward to 10,000 feet MSL; (3) Notwithstanding paragraph (b)(2) ofthis section, any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles ofan airport listed in appendix D, section 1ofthispartprovided such operations are conducted- (i) Outside any Class A, Class B, or Class C airspace area;and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and (4) All aircraft in all airspace above the ceiling and within the lateral boundaries ofa Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and (5) All aircraft except any aircraft which was ' not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider- (i) In all airspace ofthe 48 contiguous states and the District ofColumbia at and above 1 0,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

### Page 7of11)

(ii) In the airspace from the surface to 10,000 feet MSL within a I

### 0-nautical-mile radius of any airport listed in appendix D, section 2 ofthis part, excluding the airspace below l,200 feet outside ofthe lateral boundaries ofthe surface area of the airspace designated for that airport. The sUAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists for the sUAS, which can be installed. The petitioner requests relieffrom the exemption to the extent required to operate in areas in which a transponder is required according the applicable regulations in this part. The PIC will achieve an equivalent level ofsafety by complying with all provisions of the COA under which operations are to be conducted

. By issuing appropriate NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a transponder is required but not operable. In order to give proper notice to the ATO, the PIC will comply with the provisions of91.215(d)(3). The sUAS flown under this exemption will comply with all altitude limits and airport standoffdistances required by COA, which mitigate hazards to aircraft controlled by the ATO in congested airspace.

• 14 C.F.R. 91.405(a), 91.407(a)(l), 91.409(a)(2) and 91.417(a) & 

### (b) -Maintenance Inspections o 91.405(a) States: Each owner or operator of an aircraft-(a) Shall have that aircraft inspected 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 ofthis chapter o 91.407(a)(l) States: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-(1) It 

### has been approved for return to service by a person authorized under § 

### 43.7 ofthis chapter o 91.409(a)(2) States: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had-(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an "annual" inspection in the required maintenance records. o 91.417(a) & 

### (b) States: (a) Except for work performed in accordance with §§ 

### 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) 

### ofthis section: (paragraphs 1 (i

- iii), 

### 2 (i

- 

### vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1 - 3)•., Page 8of11)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer's guidance as stated in the operations manual. Ifmaintenance is required, the PIC will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety. 

### II. Commercial Operator/Operation Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, at a minimum, a recreational or sportpilot certificate. Foreach**flight~ e-**  • Will contactthe controlling airtraffic organization to issue aNOT AM. • Will conduct a comprehensive worksite inspection and analysis, identifYing limits of customer property or authorized access areas. • Will conduct preflight planning in accordance with Section 91.103 

### PreflightAction. • Will operate in those areas only with the consent of the landowner or designated representative. • Will identifY potential obstructions or otherhazards to safe operation. • Will clear the area ofpersonnel or bystanders that are non-essential to the operation, maintaining at a minimum, 500 feet away from non-participating persons. • Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons. • Will at all times yield to manned airtraffic. • Will operate within VLOS ofboth PIC and VO during daylight hours only. • Will maintain voice communications with VO and participating persons. • Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted. • Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS. • Will keep operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS. • Will immediately terminate flight, in the safest manner possible, when safety to persons orproperty become compromised. • Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any other limitations granted as part ofthis exemption. In order to remain at an altitude at orbelow the attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the commercial operation will meet an equivalent level ofsafety to the regulation in which reliefis sought.Page 9 of 10



### Ill. Unmanned Aircraft system Adventure Aerial UA Productions seeks exemption to operate DJI or othersimilar UAS types. The DJI platform will be the primary aircraft in our operations for which we seek exemption. The UA will be flown via a combination of RC control and tablet GCS. This UA type is GPS equipped, multirotor, helicopter. A quad- copter type rotorcraft utilizing four motors. Lithiumpolymer batteries powerthe UA. The UA also has several fail- safes for loss of RC signal, loss ofGPS, and low battery as outlined in the respective operation manuals. The UA display visual and emit an audible low battery alerts at which timethe UA will automatically engage the landing sequence. Based upon those safeguards, I request exemption from section**9~.151(b)** Fuel requirements forflight in VRF conditions. Given the size and, weight and speed, and controlled operating area associated with the UA to be utilized, an exemption from14 CFR part 21 subpart H ( airworthiness certificates) and 91.203(a) and (b) is requested. Exemption is sought from 45

.23 (marking ofaircraft) The UA will displaythe registration number in the largest practicable lettering. Adventure Aerial UA Productions seeks to be exempt from 91.405 (a), 91.407(a)(1), 91.409{a)(2) and 91.417{a)(b). Maintenance inspections will be conducted according to operations manual and prudent judgment as previously outlined to determine the integrity and safety ofthe UA and associated equipment. Further relief is required from 91.7(a) which prohibits the operation ofan aircraft without an airworthiness certificate and 91.9(b)(2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to carry operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals atthe GCS. 

### IV. UAS Pilot in Command (PIC) Under part 61 Recreational, sport and Private pilots are limited to non-commercial operations howeverAdventure Aerial UA Productions can ensure UA operations will achieve an equivalent level ofsafely as current regulation because UA do not carry pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability, as the motorskills are ofa different skill set. The inherent risks ofoperating a UAS are far less than in the commercial activities outlined in 14 CFR part 61thus exemption is requested from 61.101 Recreational Pilot Privileges and Page 1Page 10 of 10 

### Limitations. PIC's will maintain recent flight experience on the UAS. Training 

### andexperience flights will

### beconductedseparatefrom commercial operations. 

### V. Public interest Given the above stated evidence, procedures, and precautions operating UAS commerciallyfor the purpose ofaerial photography and videography, mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, commercial videos and otherwork related to aerial photography will ultimately be in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously economicallyfeasible for many firms

.This will provide a much needed economic upliftto the community and hence the public. UA operations are associated with less risk ofcollateral damage to persons and property while limiting disruptive noise pollution associated with low level aviation operations. 

### VI. 

## Summary
Pursuant to section 333 of PL 112-95 commonly known as the 

### FAA Modernization andReform actof 2012, Adventure Aero UA Productions hereby applies for authorization to conduct commercial unmanned aerial system (UAS) operations for the purpose ofaerial photography explained earlier in this request for exemption. Rules for which exemption is sought: 14 CFR Part 21 subpart H, 45.23(b), 61.101, 61.113, 61.133(a)(1)(ii), 91.7(a), 91.9(b), 91.103, 91.109(a), 91.119, 91.121, 91.151(a), 91.215(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b)

Thank you for your prompt attention and consideration. I can assure you (being a 35 year veteran aviator with over 6000 safely logged hours) UA operational safety will be me and my companies commitment. Please feel free to contact me with any questions. Yours Truly, Marty Finco 530-249-0085