May 21st, 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. Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Colorado Aerial Imaging LLC., Greg Bergin, Mike Robinson and Matt Talafuse (the co - applicant s) and planned operators of Small Unmanned Aircraft Systems (sUAS s) equipped to conduct aerial photography, videography and survey for various industries hereby applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial operation of their sUAS s, so long as such operations are conducted within and under the conditions outlined herein or as may be establis hed by the FAA as required by Section 333. 

## Business Details Colorado Aerial Imaging LLC. Greg Bergin 15720 E. Buffalo Gap Lane Parker CO, 80134 303
- 349
-4685 greg@coaerialimaging.com Colorado Aerial Imaging LLC. (CAI) is co
- owned by Greg Bergin, Mike Robinson and Matt Talafuse. All are veterans and have served multiple tours to Iraq as UH60 Crew Chiefs. Greg and Matt are professional firefighters and Mike is a safety officer for United Power utility company. All owners understand safety is paramount as they deal with life safety issues day in and day out in their daily jobs. Not only is CAI looking to use sUAS s to deliver a product to a customer, we are also looking to be a champion of the sUAS industry by building rela tionships throughout the community. Being approachable, answering questions and upfront will go far in educating the public to merit of sUAS s a nd that the word “drone” does not need to be a negative thing. 

## Previous exemptions granted to similar businesses The following is list of recent exemptions granted to business with similar operations and equipment: Exemption # 11458 5/5/2015 Christopher Gardner Exemption # 11464 5/5/2015 Michaels Drone Photography Exemption # 11455 5/5/2015 High Flight Photo

## Type of Aircraft Operated by CAI

#1
- DJI F450 NAZA M V2 Flight Computer Spektrum DX8 TX/ AR8000 RX AUW
- 4 lbs. #2
- DJI Phantom 2 Vision + V2 Stock setup with DJI TX AUW 2.8 lbs. #3
- Quanum 680 UC Pro Hex
- Copter NAZA M V2 Flight Computer S pektrum DX8 TX/ AR8000 RX AUW
– 7.9 lbs.

. 

## Ho**w will our request benefit the p ublic as a whole?**  CAI is looking to provide affordable, safe options for aerial photography and power line/ substation inspection s as well as various use s by Fire and Law entities
. Utilizing sUAS s removes the need for full size aircraft, fuels and noise. Risk is mitigated by removing the required onboard crew from low and slow operating aircraft. 

### Fire, Rescue and Law Having knowledge of all aspects of fire rescue, CAI is hoping to nurture relationships with local Fire, Law and Rescue entitie s to provide much needed services
. CAI envisions sUAS s being utilized on all types of incidents. At a structure fire, a n incident commander’ s inability to visualize the roof under which firefighters are operating has proven to contribute to injuries and fire ground deaths. Roof conditions, locations of HVAC units and just an overall view of building layout will go far for increasing firefighte r safety. Located in the foothills of Colorado, local fire departments are routinely called to injured hikers, crashed mountain bikers and lost parties. Unfortunately, many of these parties are unfamiliar with the trail systems. Cell phone “pinging” will get the general vicinity of the call, but the use sUAS s as an “eye in the sky” will greatly reduce the trial and error approach of determining which trail the victim is located on. Law enforcement routinely contacts fire departments to provide a ladder tr uck for “aerial photographs” of accident or crime scenes. The downside to this operation is the fact that ladder truck is now out of service or out of position for emergency calls. The use of sUAS s for law enforcement photography allows the fire trucks to remain available for other emergency calls. These are just 3 examples of use of sUAS s in coordination with Fire and Law. T he more discussions that occur, the more benefits will be realized.

### Utility

Utility workers are regularly exposed to high volta ge, electrical flash, Heights, and environmental dangers. Multicopter operations would potentially eliminate, or mitigate all of those risks to utility linemen . To ensure the reliability o f our electrical system, power line s must be patrol led regularly through harsh and unforgiving terrain. When there is need for a closer inspection there is no choic e but to have a lineman climb up for a closer look, exposing them to electrical flash, electrical contact and falling hazard. Multicopters will remove a person from those unnecessary exposures. It will also allow faster and more cost efficient inspections ensuring system reliability. When the use of t hermal imaging is added to the process, it could find a potential problem before it causes system damage or more importantly injury to an employee or a member of the public. The use of Multicopters in these dangerous jobs will lower risk, increase system reliability, and most importantly protect lives. CAI working in conjunction with United Power Utility is hoping to create operating standards for the integration of sUAS s within the utility industry. See attached letter. 

### Photography Ut ilizing sUAS s as an aerial based photography platform provides opportunities for photographic shots not provided by other means. For the lay public or small business, full size aircraft for projects is just not feasible. CAI will bring aerial photography/videography to more businesses and artists. 

## How will our request not adversely affect safety or **provide a level of safety equal to an existing rule?** The Reform Act directs the Secretary of Transportation to consider whether operation of UAVs can occur in the national airspace system (N AS) before the completion of the rulemaking required under Section 332 of the Reform Act. CAI and all involved parties believe it is possible to operate sUAS s so to not create a hazard to the National Airspace System (NAS), the public or pose a threat to national security. CAI has demonstrated their willingness to act safely and responsibly by not engaging in commercial sUAS operations until the 333 exemption is granted. During our feasibility study, we determined that there are many operators offering their services to real estate agencies and parties in need of aerial photos. It is our feeling that these type of operations, while may offer a quick fix, contribute to the negative attitude of the UAV. CAI is hoping to increase the safety by being professional, trained, insured and FAA compliant.CAI operators will operate under the following conditions, which provide for safety equivalent to, if not exceeding the level required for manned aircraft  Safety will be the first and foremost consideration in any sUAS operation  The sUAS s planned to be operated are rotorcraft and fixed wing aircraft, each weighing far less than 55 pounds including payload  They would operate, under normal conditions, at a speed of no more than 50 knots.  All operations will be conducted below 400' AGL. Altitude will be monitored via on screen display or telemetry  Operations will be conducted during t he day under visual meteorological conditions  Aircraft will remain within Visual Line of Sight of the PIC or VO (visual observer) at all times  PIC and VO will remain in voice contact during the entire flight  PIC shall complete a full pre

- flight inspection  CAI will utilize additional observers or signage when operations are conducted close to public activity  Operations will only be conducted with permission from the appropriate land/property owner  All required permits will be obtained from state and local government prior to operation  The aircraft will not be operated over populated areas, large gatherings or heavily traveled roads.  Flight planning will include flight completion with at least 25% battery power remaining as measured by the sUAS flight computer or appropriate timing  All aircraft are equipped with and will utilize GPS navigation, failsafe, return

- to home (RTH) and/or flight abort safety features  The aircraft will not be operated within 5 NM of a public airport or heliport  A briefin g will be conducted in regard to the planned sUAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing  The sUAS pilot will be traine d in advance for the safe operation of the sUAS to be operated. This will include operation of the sUAS both in normal and emergency modes of operation, and will include familiarization with the ope ration manual
. Training will also include types of maneuve rs to be performed and the safe operation in relation to persons, property and applicable airspace. Routine maintenance and repairs are instrumental in safe operations. All maintenance/overhauls/repairs will be completed according to manufacturer instructions. Following all maintenance procedures, a test flight will be conducted in a remote area to assure all systems are operational prior to any operations for customers. Repairs and flight times will be documented to aid in tracking the life cycle of critic al components (ie; batteries, motors and speed controls)

## The regulations from which the exemption is requested **as well as how CAI intends to provide an equal to or greater level of safety**  **are as follows:**

**- 14 CFR 45.23, 45.27 and 45.29**  **- Display**  **of Marks, Location and Size**  Due to the size of the sUAS, the required markings will be difficult to meet the minimum size standards
. Also, d ue to the fact there is no cockpit and no persons shall be transported on sUAS s, displaying “experimental” at any location on the aircraft is not necessary. “Colorado Aerial Imaging” as well as contact information shall be displayed on all aircraft in an easy to locate location.

**- 14 CFR**  **Part 21 Subpart H, 91.7(a) and 91.203**  **( a) and**  **(b) -**  **Civil Aircraft: Certifications**  **Required** Carrying of civil aircraft certifications “onboard” or “displayed at the cabin or cockpit entrance” is not feasible due to size and no cockpit in the sUAS . All applicable documentation shall be available on location where the pilot has immediate access to them.

**- 14 CFR 61.113 and 14 CFR 61.133**  **- Private Pilot Privileges and Limitations: Pilot**  **In Command** Private pilots may not act as pilot in command and may not carry passengers or property for compensation. The objective of CAI is to conduct flig hts for compensation, although an equivalent or higher level of safety is achieved due to the fact there will be no pilots or persons on board. All equipment carried shall be the property of CAI
. While helpful, a commercial pilots’ license will not ensure remote control piloting skills. The risks of operating a sUAS are far less than the risk levels inherent in the commercial activities
. An equal to or higher level of safety will be achieved through following methods:

 All CAI pilots have at least 12 years of RC experience and are current AMA members with no major accidents/injuries. This experience includes fixed wing, rotary and multirotor aircraft.  CAI pilots have conducted numerous “practice flights” as a hobbyist to assist in determining the feasibility of starting a business. Each pilot has over 150 flights with their aircraft in various temperatures, winds and weather  Utilization of computer based simulator to maintain proficiency and allow practice in all condit ions as well as emergency procedures for simulated failures (Phoenix Flight Sim, Real Flight Simulator) Training through some of the many online/hands

- on offerings from respected

sUAS training facilities (Unmanned Aerial Experts, UAVSA)  We are aware of the reference to the Unmanned Aircraft Operator Certificate with Small UAS Rating as well as the Initial Aeron autical Knowledge Test referenced in NPRM 14 CFR Part 107 and Vol. 80, No. 35 Federal Register dated February 23 rd, 2015. CAI strongly agrees with th is proposed course of action and will await a final ruling.

**- 14 CFR 91.9**  **(b)(2): Civil Aircraft Flight Manual, Marking and Placard**  **Requirements** Carrying of a flight manu al onboard is not applicable due to the size of the sUAS
. An equal to or higher level of safety will be achieved by through familiarization of manufacturer limitations and procedures . All manuals will be easily accessible for reference at the location of the flight.

**- 14 CFR 91.103**  **- Preflight Action**  Prior to arriving at flight location, current and predicted weather, distances from airports as well as local hazards ( power lines, towers, high occupancy areas) will be obtained. As stated above, a preflight briefing shall occur to include discussion regarding weather, emergency procedures, h azards and alternate landing locations.

**- 14 CFR 91.109**  **- Flight Instruction: Simulated Instrument Flight and Certain**  **Flight Tests** Dual controls for the purpose of flight instruction is not applicable in the sUAS operation. Should a need for instruction arise, several methods of training are available. During designated training flights, the utilization of a “buddy box” system with 2 transmitters will provide an equivalent to or higher level of safety. Additionally the use of computer based flight simulators provide the ability to conduct training with no safety concerns
.

**- 14 CFR**  **91.119 -**  **Minimum Safe Altitudes: General** The sUAS shall be operated well below 400 AGL standard. As a PIC of the sUAS, being aware of the altitude minimums (with an emphasis on helicopters as they may be operated lower altitudes more often ) is integral to safely operating sUAS s.

**- 14 CFR 91.121**  **- Altimeter Settings**  All sUAS s operated by CAI utilize GPS altitude and/or barometric altimet ers (Spektrum) with data transmitted to the operator via telemetry and on screen displays
.

**- 14 CFR**  **91.151 (A):**  **Fuel Requirements For Flight In VFR Conditions** An equivalent or higher level of safety is achieved in the fact that sUAS s do not carry fuel. As stated above, all flights shall be planned and conducted with a minimum of 25% remaining battery power.**- 14 CFR Subpart E (91.401**  **- 91.417** **) -**  **Maintenance, Preventa tive Maintenance And**  **Alterations** These regulations apply to aircraft requiring an airworthiness certificate. Adhering to manufacturer recommended maintenance, full pre

- flight and post flight inspections as well as documenting all maintenance performed will provide an equal to or greater t han level of safety. After any maintenance has been completed, a test flight shall be conducted in a safe, non

- populated area prior to any commercial flight. 

## Summary As the demand grows for aerial based photography applications, so will the temptation of individuals to utilize non

- compliant operators. CAI can deliver a product, safely by abiding by all the rules and regulations. It is the applicant's belief that the size, speed, operating environment, limitations and level of a pplicant's experience outlined provides an "equivalent level of safety or better” when operating a sUAS for the public interest as outlined in Section 333 in the FAA Modernization and Reform Act of 2012. lt is requested that the FAA issue an exemption to permit safe, legal, co mmercial sUAS operation by the applicant as soon as possible. 

## References   Due to the size of the files, attaching them to this document did not seem prudent. T he operator manuals can be accessed at utilizing the following links: ** DJI Naza M V2 Flight Co** **ntrol Module –**  http://download.dji

- innovations.com/downloads/nazam

- v2/en/NAZA
M_Quick_Start_Guide_v1.26_en.pdf **DJI Phantom 2 Vision + -**  http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_ Manual_v1.8_en.pdf **DJI F450 Flamewheel**  **–** http://download.dji

innovations.com/downloads/flamewheel/en/F450_User_Manual_v2.1_en.pdf **Spektrum DX8 -**  http://www.horizonhobby.com/pdf/SPM8800

- Manual_EN.pdf