**U.S. Department of Transportation Docket Management System**  **1200 New Jersey Ave, SE. Washington.**  **DC 20590**

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:** 

**AEROVUE IMAGERY, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS CONCERNING COMMERCIAL OPERATION OF UNMANNED AERIAL** 

**SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112** 
**- 95)** 

. (a) AeroVue Imagery , LLC 6707 Fall River Rd Id aho Springs, CO 80452 andydees@aerovueimagery .com 303

- 596

- 2885 (b) The specific section or sections of 14 CFR from which you seek an exemption; Part 21 Subpart H Airworthiness certification 14 C.F.R. § 45.23(b) Markings 14 C.F.R. § 61.113(a) and (b) Private pilot privileges 14 C.F.R. § 61.133(a) Commercial p ilot privileges 14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness 14 C.F.R. § 91.103(b)(2) Performance data 14 C.F.R. § 91.105(a)(2) & (b) Flight crew members at stations 14 C.F.R. § 91.109(a) Instruction 14 C.F.R. § 91.119 Minimum safe altitu des 14 C.F.R. § 91.121 Altimeter Settings 14 C.F.R. § 91.151 Fuel requirements for flights in VFR conditions 14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft certifications 14 C.F.R. § 91.207 Emergency location transmitters 14 C.F.R. § 91.405(a) Maintenance 14 C.F.R. § 91.407(a)(1) Operation after maintenance 14 C.F.R. § 91.409(a)(2) Inspections 14 C.F.R. § 91.417(a) Maintenance records

**` U.S. Department of Transportation** 

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 2
**Part 21 Subpart H.** Part 21 Subpart H prescribes procedural requirements for the issue of airworthiness certificates. AeroVue Imagery requests exemption from S ubpart H to operate Unmanned Aerial S ys tems without the requirement for an airworthiness certificate. Specifically , AeroVue Imagery will operate lightweight (under 55 lbs) multirotor Unmanned Aerial Sy stems with operations procedurally

and operationally restricted below 200 ft. agl within visual line

- of

- sight. **14 C.F.R. § 45.23(b)**
**- Display of marks; general.**  AeroVue Imagery

proposes that the identification of UAS platforms as “RESTRI CTED” be prominently

displayed on the side and/or top of individual configurations consistent with design constraints of aerial sy stems.
**14 C.F.R. § 61.113(a) and (b) Private pilot privi leges and limitations: Pilot in command.**  AEROVUE IMAGERY requests exemption from 14 C.F.R. § 61.113(a) and (b) to allow AEROVUE IMAGERY to commerciall y operate the mu l tirotor Unmanned Aerial Sy stems with operators holding private pilot certificates. The operators holding private pilot licenses would be trained b y commercial or ATP pilots who are certified as instructors by the Operations Manual

. **14 C.F.R. § 61.133(a) Commercial pilot privileges and limitations.**  AEROVUE IMAGERY requests exemption from 14 C.F.R. § 61.133(a) in accordance with the above request enabling an operator with a private pilot certificate to operate the multirotor Unmanned Aerial Sy stems commerciall y as specified in the Operations Manual. **14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness** AeroVue Imagery requests an exemption from 14 C.F.R. § 91.7(a) and (b) . Basis for request is the absence of a regulatory requirement for an airworthiness certificate applicable to the operation of lightweight multirotor systems. However, in accordance with the langua ge and intent of Federal Air Regulations , the highest level of safety and care would be maintained through the implementation of a formal Safety Management Sy stem

. The SMS Program would be administered utilizing industry Standards and Recommended Practices (SARP’s). Although an acceptabl e level of safety establishes the industry benchmark re ference for safety management, AeroVue Imagery would establish the “highest level of safety” and “beyond ordinary care” as the operational benchmark. **14 C.F.R. § 91.103(b)(2) Preflight action.** Preflight requirements would be included in the Normals Section of the Aircraft Operations Manual for each specific aircraft ty pe. The requir ements would include, but not be limited to, phy sical condition of aircraft, fuel state, time aloft, weather conditions, operating zone and limitations, and special considerations.**U.S. Department of Transportation**

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 3
**14 C.F.R. § 91.105(a)(2) & (b) Flight crew members at stations.** AeroVue Imagery requests exemption from 14 C.F.R. § 91.105(a)(2) & (b)

. Operation and control of the s ys tem s would be accomplished b y a ground crew of 1 or 2 crew members. The requirements under this section are not appli cable to lightweight UAS operations.
**14 C .F.R. § 91.109(a) Flight instruction; Simulated instrument flight and certain flight**  **tests.** This section limits flight instruction to aircraft with dual controls and is not applicable . The proposed UAS platforms do not operate with dual c ontrols. AeroVue Imagery requests exemption from the section in order to conduct training of operators. Flight instruction and operational training would be completed b y an ATP/FE rated pilot with over 18000 flight hours, including military

and civilian experience as an Instructor Pilot and FAA Designated Examiner. **14 C.F.R. § 91.119 Minimum safe altitudes: General.** This section limits aircraft to a minimum altitude of 500’ and is not applicable. AeroVue Imagery requests a waiver of this section with all operations co nducted be low 400 feet AGL

. . **14 C.F.R. § 91.121 Altimeter Settings.** Not applicable.
**14 C.F.R. §**  **91.151 Fuel**  **Requirements for flights in VFR conditions.** Not applicable. **14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft: Certifications required.** AeroVue Imagery

would not be operating UAS platforms with an airworthiness certificate

. The requirements of this section are not applicable. **14 C.F.R. § 91.207 Emergency Locator transmitters.** The requirements of this section are not applicable

. The exemption is requested due to line of sight ground co ntrol and operation, return to base and land safe modes of operation proposed for all AeroVue UAS platforms

. **14 C.F.R. § 91.405(a) Maintenance required.** The requirements of this section are not applicable. Maintenance inspections in accordance with Part 43 do not apply to lightweight UAS platfo rms. Required maintenance will be complete d in accordance with manufacturer’s specifications and AeroVue Operations Manual. **14 C.F.R. § 91.407(a)(1) Ope ration after maintenance.**  AEROVUE IMAGERY requests exemption from this section as it references returning the aircraft to service under a person AeroVue Imagery authorized under Part 43. The required and equivalent level of safety will be achieved by

using OEM maintenance procedures for**U.S. Department of Transportation**

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 4
inspection and resolution of all maintenance discrepancies in consultation with manufacturer guidance. **14 C.F.R. § 91.409(a)(2) Inspections.** AEROVUE IMAGERY requests exemption from 1 4 C.F.R. § 91.409(a)(2) due to the aircraft not being operated with an airworthiness certificate as requested and therefore not requiring an inspection for issuance of an airworthiness certificate. The level of safety will be maintained by following Operations Manual inspection and maintenance schedules using experienced operators. **14 C.F.R. § 91.417(a) Maintenance records.** An exemption for 14 C.F.R. § 91.417(a) is requested due to the references in keeping records in accordance with Part 43 and the maint enance schedule associated with Part 43 and the aircraft airworthiness certificate. Records for the aircraft maintenance in accordance with OEM guidance will be maintained as closel y to section 14 C.F.R. § 91.417(a) as possible with work that is carried o ut on the aircraft to ensure safety is maintained at the same level expected under this section. (c) The request for these exemptions is for the use of Unmanned Aerial Sy stems to provide aerial services to a variety of industries and applications. The Operations Manual content and format are proprietary

and available for review and inspection upon request. Inaddition, the detailed manual language is considered proprietary and will also be available for inspection upon request. (d) The use of Unmann ed Aerial S ys tems will provide vast and quantifiable economic, quality of life, and environmental benefits to a variety of industries that work in the public interest. The economic benefits to companies and individuals has been estimated in the billions o f dollars. In addition to the benefits to consumers and existing indus tries, the commercial use of Unmanned A e rial Sy stems represents an explosive growth industry that will provid e incentives for entrepreneurship, business development and resulting econom ic growth. The proposed uses of Unmanned Aerial Sy stems by AeroVue Imagery

represent s applications and services directly and indirectly in the public interest.
(e) The safety and operations systems will be organized and implemented to meet the intent and language, where applicable, of ATOS Sy stems, Elements and Sub

- Elements as defined in 8400 Appendix 6 , defined as a multidisciplinary approach to make a s ys tem, product, process, operation or fac ility

as safe as is practical. (f) Pursuant to 14 C.F.R . § 11.81(f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed:**U.S. Department of Transportation**

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Docket No.: No. FAA

- 2015

-____ Petitioner: AeroVue Imagery

. Section of 14 CFR: Part 21 Subpart H, 14 C.F.R. § 45.23(b), 14 C.F.R. § 61.113(a) and (b), 14 C.F.R. § 61.133(a), 14 C.F.R. § 91.7(a) and (b), 14 C.F.R. § 91.103(b)(2), 14 C.F.R. § 91.105(a)(2) & (b), 14 C.F.R. § 91.109(a), 14 C.F.R. § 91.119 , 14 C.F.R. § 91.121, 14 C.F.R. § 91.151, 14 C.F.R. § 91.203(a)( 1) and (2), 14 C.F.R. § 91.207, 14 C.F.R. § 91.405(a), 14 C.F.R. § 91.407(a)(1), 14 C.F.R. § 91.409(a)(2), 14 C.F.R. § 91.417(a). Description of Relief Sought: AeroVue Imagery is seeking an exemption to conduct commercial operations of Unmanned Aerial Sy s tems under strictly controlled operations in individually

specified areas of the United States underlying the National Airspace S ys tem

. g) Operations Specifications as described below establishing an equivalent or greater level of safety to manned aircraft

. (h) Not Applicable

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**AEROVUE IMAGERY, LLC OPERATIONS SPECIFICATIONS FOR CONSIDERATION PURSUANT TO THE** 

**REQUIREMENTS OF 14 C .**  **F .**  **R** § **11.81**

**Regarding the Unmanned Aircraft Systems:** 1. How UAS operation will be safel y conducted. The proposed UAS platforms include small to medium multirotor configurations with t otal weight and payload under 55 lbs. The platforms include integrated cameras, GPS stabilized Auto Flight, No Fl y Zones, Return to Home, and Auto L and modes. Specifically , all operations will be conducted as close as possible, and where applicable, to operational processes and standard operating procedures of commercial aircraft. This would include the development of Operations Specifications combined with a controlled and sound maintenance program. The Operations Specifications, as outlined in the Operations Manual is for the use and guidance of all operations personnel, who will ensure that all UAV commercial operations are planned and executed in accordance with its policies and requirements. All rules and regulations sh all be stipulated as Standard Operating Procedures and be adhered to by all**U.S. Department of Transportation**

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 6
administrative and operations personnel. During any situation not covered in the Operations Manual or in any em ergency situation , personnel shall not be prevented from using their best judgment. The Operations Manual includes the following sections:

 Part A: General Operations and Administration This part comprises all non

- ty pe related operational and administrative policies, instructions and Standard Operating P rocedures needed for a safe operation.
 Part B: Aircraft Specific Operational Specifications This part comprises all type specific instructions and Standard Operation Procedures neede d for a safe operation. It delineates type differences and v ariants used. Additional information is prescribed considering the local and/or geographical circumstances in the area of operation.
 Part C: Area of Operation This part comprises all instructions and inf ormation specific to the area of operation

.  Part D: Training This part stipulates the training and qualification program of all operational personnel assigned to management or flight duties , including specifications for initial and recurrent training and qualifications administration.
2. Operating Procedures for operational, maintenance and administrative control are specified in AeroVue Operations Manual Part B OpSpecs, including utilization of pre

- flight and post

flight operational and maintenance checklists. 3. Radio Frequency

spectrum and associated equipment and FCC compliance. All AeroVue UAS platforms comply

with part 15 of the FCC rules. Aero Vue UAS platforms contain a radio transmitter with wireless technology which has been tested and found to be compliant with applicable regulations governing a radio transmitter in the 2.400 GHz to 2.4835 GHz frequency range. **Regarding the Unmanned Aircraft PIC:**  4. The Director of Operations qualifications and experience include: **Flight Hours**

- 18000+, **Medical**

- First Class , Highest **Security Clearance**

- TS/ SCI
**Co**
**- Founder at Via Airways, Inc.**  New Entrant Air Carrier Executive Summary /Business Plan

- Editing and analy sis of Executive Summary

and Business Plan. Primary areas of input and responsibility : Certification, Operations, Training, Safety and Security . Financial Analy sis

- Assisted development and completed research of dy namic Financial Plan, including anal ys is of:**U.S. Department of Transportation**

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 7
Sy stem Route Integration and Expansion, Consolidated Financial Projections, Aircraft Acquisition and Financing, Fuel Anal ys is. Detailed market and financial analy sis of over 18,000 route segments encompassing five years of operation. Certification Plan

Managed development of Part 121 Certification Plan for new entrant airline. Development of certification timeline and financial projections. Extensive research of FAA ATOS/CSET certif ication criteria. Coordination with SME (Subject Matter Expert) for management of certification activities, processes and procedures. SMS (Safety Management System) Administrator responsible for development and implementation of comprehensive safety plan t o include the four critical components of SMS: Safety Policy , Safety Risk Management, Safety Assurance, and Safety Promotion. **Captain at Major Airline** Ty pe Rated i n B727, B737, B747, B777, A320 , L188

. Additional Flight Experience in DC9, A300, L 1011

. **C ommander USNR (ret)**  Completed Aviation Officer Candidate School, Pensacola, FL and commissioned an Ensign in the United States Nav y i n 1979. Completed primary and advanced flight training in the T

- 28 Trojan and T

- 44, and designated a Naval Aviator after a record time of 8 months in Naval Air Training Command. Flew the P3 Orion as Patrol Plane Commander in worldwide operations, assigned to VP16, VP66, and VP67. Plank Owner (founding member) assigned to Tactical Support Center 1079. Technical Projects Officer for USCI NCPAC War Gaming/Simulation Facility. Retired from the United States Nav y Reserve after serving as the Surveillance and Warning Tactical Applications Officer assigned to United States Space Command, Peterson AFB and Cheyenne Mountain Operations Center, Colorado. Held many positions of leadership in the Nav y including Trai ning Officer, Maintenance Officer, Safety /Natops Officer, Legal Officer, NAVAIRRESCEN Inspector General, and Executive Officer. Member and qualified speaker for "Campaign Drug Free America". As a Commander assigned to United States Space Command, was the reserve member and co

- author of the DOD/United States Space Command “Critical Infrastructure Protection Plan”, member of the “Space Based In frared S ys tem” Technical Review Team, and Editor of the “Space Lexicon”. While serving in these positions, awarded the "DEFENSE MERITORIOUS SERVI CE MEDAL" b y the Commander in Chief, United States Space Command. **Pilot Instructor at Major Airline** Boeing 777 Pilot Instructor and FAA Designated Examiner. **Instructor Pilot, Legal Officer at United States Naval Air Training Command**  Advanced Training Instructor Pilot **Station Operations, Reservations, Ramp Operations at Scheduled Skyways, Inc.** Full

- time employ

ment while attending University of Arkansas.**U.S. Department of Transportation**

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 8

5. M edical standards and certification of the PI C. The Pilot InC ommand will hold, at a minimum, a Private Pilots Certificate and FAA 3 rd Class Medical Certificate. The Director of Operations will hold an Airline Transport Pilot Certificate and FAA 1 st Class Medical Certificate. **Regarding the Operation of the Unmanned A ircraft:** 
6. Intended UAS operations. The proposed UAS operations include photography and video services utilizing multirotor UAS platforms. The primary o perations would include anal ys is for solar panel installations, aerial photograph y for real estate m arketing, and surveillance/analy sis for construction and agricultural applications. All operations would be conducted below 200 ft. agl within visual line of sight. The crew would consist of the Pilot InC ommand and Payload Operator/Safety O bserver, as a

pplicable. A ll commercial operations would be conducted over private property w ith full notification and consent of property owners or legally r esponsible parties. A ll operations would be conducted utilizing virtual fences or geographic parameters limiti ng movement of aircraft within specified property boundaries only

. Where applicable and necessary , operations will be conducted utilizing preprogrammed flight routes with specified tracks, altitudes and speeds. A ll operations will be conducted pursuant t o Standard Operating Procedures, as specified in the Operations Manual, and following operational and technical briefs and utilization of checklists. N o other persons would be present except the required crew and property owners or technical advisors nece ssary for mission integrity and job completion.
7. M aximum operating speed and altitude. A ll UAS operations will be conducted below 200 ft. agl with a maximum speed of 25 knots. O perations will only b e conducted in daylight, visual meteorological conditions with a minimum of 1 mile visibility and free of clouds.
8. C haracteristics of the area of intended operations and potential hazards in accordance with statutory

m andate regarding proximity t o populated areas. Operation s will be conducted in residential and commercial areas with specific parameters designated for the target property

. Ap roperty anal ys is will be conducted prior to operation specifying potential hazards such as power lines, trees, structures, terrain and conflicts or hazards associated with adjoining properties. A s required, adjoining property owners/tenants will be notified prior to operations detailing the nature of the operation and the times of commencement and suspension of flight operations. Any c o nflicts or concerns will be addressed and resolved prior to all flight operations. 9. Operation in proximity to airports. Proximity

to airports will be limited automatically by the onboard no fly

z ones and no less than 3 nautical miles from airport bo undaries. In the event of any planned operations within the no fly z one, prior authorization will be obtained**U.S. Department of Transportation**

**Docket Management System AeroVue Imagery, LLC**  03/31/2015 Page 9

from the controlling FSDO before manual override of no fly z ones are programmed and initiated. The controlling FSDO will be notified of specific area of operation, flight route/pattern, altitudes of operation and time of commencement and suspension of operations.
10. O peration within visual line of sight. A ll operations will be conducted within visual line of sight of pilot and payload oper ator/observer. Any deviation from visual line of sight from pilot or observer will require immediate suspension of operation.
11. P reflight safety risk assessment to determine UAS in condition for safe flight. A ll preflight safety

a ssessments and site analy sis will be completed through the use of Standard Operating Procedures and Operations Specifications as specified in the Operations Manual.
12. O perations with existing requirements

- notify F SDO prior to operation. A ll current regulatory

requirement s for notification will be completed prior to all UAS operations. 13. Certificate of Waiver or Authorization (COA) prior to operation. All current regulatory requirements for issuance of COA will be completed prior to all UAS operations.
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, we respectfull y request exemption for commercial operation of Unmanned Aerial Sy stems under the stipulations outlined above and in full compliance with all current and future FAA regulatory

requi rements.
Dated March 31, 2015 Respectfully ,

Frank A. Dees Founder and CEO AeroVue Imagery , L LC