November 12, 2015

U.S. Department ofTransportation, Docket OperationsWest Building Ground Floor, Room W12-140 1200 New JerseyAvenue, SE Washington, DC 20590

Dear SirorMadam:

Please consider my exemption request along with this letter. 

### Tim Crowley 268 East Broadway A401 New York, NY 10002 T 646-339-6821

I have been a memberofvariousflying clubs in and around NewYork City for several years. I am a memberofTheAcademy ofModel Aeronautics (AMA member #1049379), NYC-NJDUG (an advocacy group dedicated to safe and responsible use of UAS for personal and commercial purposes), and the Seaview Rotary Wings RC HelicopterClub. I have been flying in certified AMAfields with airplanes aswell as quadcopters.

TheAMA provides insurance but I am also insured to fly with Costello Insurance Associates, 428 E Southern Ave, Tempe, AZ 85285-8280 Tel480-968-7746.

Iwas born in Rutland, Vermont. Moved to NewYork City in 1979where I have successfully owned and operated a construction business. I am married and a father of three children.

I believethe above information creates a profile ofme as being a responsible individual.I believe the above information creates a profile ofme as being a responsible individual.

Since I have been trained in art and photography Iwould like to pursue aerial photography. First and foremost, Iwould like to consider aerial photography as atool in my construction business. Documenting existing structureswith HD photography is an invaluable tool that saves costs and avoids riskwhen performed responsibly. Iwould also liketo pursue aerial imaging as a meansto documentthe landscape with the intent thatthe images could someday be used in a commercial context.

Ifthe review committee needs any follow up information please do not hesitate calling or writing me.

Thank-you very much foryour consideration.i

US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation

November8, 2015
Timothy E. Crowley Cielo Design Inc. 268 East Broadway,A401 Newyork, NY 1002 noahdavidlea@gmail.com

U.S Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 of the FAA 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; 14CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act")

And 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Timothy E. Crowley Hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein oras may beestablished bythe FAA as required by Section 333.

### Thankyou in advance foryour consideration.

Commercial operation of an UAS, asdescribed herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate 2. Landscaping 

### I Land Survey's 3. Crops 4. Building Inspections 

### 5. Weddings 6. Videography 

### I Photography 

### 7. Educational andArctic Purposes

Asdescribed fully below, the requested exemption would permitthe operation of designated UAS assetforth in this document under controlled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UASoperations and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

.... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicant is
Timothy E. Crowley Cielo Design Inc. 268 East Broadway,A401 Newyork, NY 1002 noahdavidlea@gmail.com

From whichthe exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.10314 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a):

Grants of exemption in circumstances similar in all material respects, In Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA2014-0804) Exemption Nos. 11062, 11109, 11112, 11213, and 12645; Nos. 11062,11109,11112, 11213,and 12645.

Timothy E. CrowleyWill operate one or more ofthe Following model UAS
DJIInspire 1 SN#W13DCC14020518

Safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAAgrantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agreesto adhereto when conducting commercial operations under theFAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and camera.



### 2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will beoperated within line ofsight of the Pilot in Command (PIC) and/orVisual Observer (VO).

4. Maximum flighttimefor each operational flight will be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flighttime whichever occurs first.

5. Flights will be operated atan altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crew for each operation will consist ofthe UAS Pilot and at leastone Visual Observer {VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the days' Production activities.

9. All flight activitieswill be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a mile radius of the geographic center/Airport Reference Point (ARP) of a towercontrolled or uncontrolled airport.12. Flightswill not be closerthan a 5-mile radius of the geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting personswill be allowed within 100feet of the flight operation, and the radius may be reduced to 30feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case ofemergencieswith
an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, oremergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with theaircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area.

Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part21, Subpart H. Lastly, application of these same criteria demonstratesthatthere is nocredible threatto national security posed bythe UAS, due to its size, speed of operation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter 11N11 and the registration number is displayed on limited, restricted or lightsport category aircraft orexperimental or provisionally certificated aircraft, the operator must also displayon that aircraft
neareach entranceto the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words 11limitedP "restrictedP 11light sportP

11experimenta1P or 11provisiona1f• as applicable

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter 11N11 and the registration number is displayed on limited, restricted or lightsport category aircraft orexperimental or provisionally certificated aircraft.

The operator mustalso display on that aircraft near each entrance tothe cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words 111imitedP 11restricted/' 11lightsport!• 11experimenta1f• or 11provisional/'
as applicable. Even though the UASwill have no airworthiness certificate, an exemption may be needed, as the UAS will have no entrance to the cabin, cockpit or pilot station on which theword lettering will be impossible. Theword"Experimental" will be placed on thefuselage in compliance with §45.29 (f). US Department ofTransportation February 20, 2015.

The equivalent level ofsafetywill be provided by having the UAS marked

11Experimental" can be placed. Given the size ofthe UAS, two inch on its fuselage
as required by §45.29 (f) where the pilot, observer and others working with the UAS will seethe identification of the UAS as "Experimental." 14C.F.R. § 61.113 (a) and (b

The proposed UAS operations may achieve an equivalent level of safety as achieved bycurrent Regulations because the applicant1s UAS do notcarry any pilots orpassengers nor property. The risks attendantto the It is believed thatthe operation and limitations setforth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires 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, shouldthis exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size of the aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level ofsafetywill 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 mayoperate a U.S. registered civil aircraft

... (2) For which an Airplane
or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany 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 becausethere is no pilot on board, but becausethere is no room orcapacity to carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate access to it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insurethe safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.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 flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fullyfunctional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptionsforflight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe 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 helicoptersto be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopterand the exemption requests authorityto operate at altitudes up to 400AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will neveroperate at higherthan 400AGL with the exception that in circumstances where the UAS is used to survey or photograph a structurewhose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will notbe exposed to operations withouttheir pre obtained consent.

The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS aswell as the location where it is operated. Noflight will betaken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operationswith aircraft or rotorcraftweighting far more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at orbelow 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat mustcomply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set 11 •••to the ellevation ofthe departure airport oran appropriate altimetersetting available beforo departure. 11 As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafety

### will be achieved bytheoperator, pursuantto the safety check listand liveflight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator beforeflight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least45 minutes."The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled areawhere only people and property owners orofficial representatives who have signed waivers will be allowed does notengenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The 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 planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Exceptas provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limitand is operated without an onboard pilot. As such, there is no ability or placeto carry certification and registration documents orto displaythem on the UAS. An equivalent level of safety will be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. These regulations require that an aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

..," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part43 apply onlyto aircraftwith 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. An equivalent level ofsafety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediatelyand will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and bestsuited to maintain the aircraft in an airworthy condition to providethe equivalent level of safety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed. Authority contained in 49 U.S.C. 106(f), 40113, and 44701

Additional Information.

The applicant Timothy E. Crowley believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS.

The applicant, Timothy E. Crowley requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notifyTimothy E. Crowley · Ofyour actions, and or approvals. Thank you, foryour interest in this request.

Sincerey,

### Manual Link: https://dl.djicdn.com/downloads/inspire 1/enjlnspire%20 1 User Manual V1.8. pdf