### August 11, 2015

Exemption No. 12423 Regulatory Docket No. FAA

– 20 15

– 2265

Mr. Courtney R. Bateman Reed Smith LLP Counsel for Talon Aerolytics LLC 1301 K Street, NW. Suite 1100 East Tower Washington, DC 20005

– 3373

Dear Mr. Bateman :
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 dated May 26, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Talon Aerolytics LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data collection

. 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 fo r 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 are the DJI Phantom 3, DJI Phantom 2, DJI Inspire 1, DJI S1000 +, and Aeryon SkyRanger

.

### 2

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 in 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 relief from 14 CFR part 21
, C ertification procedures for products and parts, Subpart H

— Airworthin ess 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 1



### . 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 petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, 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 interest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll 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 th e Administrator, Talon Aerolytics 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 th e extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, Talon Aerolytics 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.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3, DJI Phantom 2, DJI Inspire 1, DJI S1000 +, and Aeryon SkyRanger when weighing 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 excee ding 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 airspeeds greater than the maximum UA operating a irspeed 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 a ll 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 maintains VLOS capability. Th e 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 for the duration of the fli ght. 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 this 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 limitations in this exemption a nd the procedures outlined in the operating documents,

### 4

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 operator may update or revis e 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 updated and revised documen ts if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its gran t 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 operation or flight charact eristics, 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 must remain at least 500 fe et 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 is 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 components, items, or equipme nt. 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 mus t 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 gr ant 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 government. 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.

### 5

14. The operator may n ot 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 maintaining appropriate distances fr om 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 (traini 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 operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conduc ted 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 nonpartic ipants 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 symbo l as denoted on the c urrent 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 must be made available to t he 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 prohibited from begin ning 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 five minutes or with the reserve power recommended by the manufactur er 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 conduct operatio ns that cannot be conducted under the terms of the attached COA

.

### 6

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 acco rdance 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 available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. 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 an d 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 nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or stru ctures 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 remain 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 f or 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 authorized representative. Permission from property owner/controller or auth orized 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 operational 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

.

### 7

If this exemption permits o perations 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 Standards District Office (FSDO) with jurisdiction over the a rea of proposed filmin g. The 3

- day 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 g rant 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 certificate number of UAS PICs involved in the aerial filming; f. A statement that the op erator 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 to 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 essential 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 specified 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.

### 8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.
Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures

# Reed Smith

Courtney R

. Bateman Direct Phone : +1 202 414 9265 Email : CBateman@reedsmi th .com

May 26
, 2015

U.S

. Departm e nt of Tran s portation Dock e t Mana ge m e nt System 1200 New J e r sey Avenue
, SE Wa s hin g ton , D C 2 0590 Reed Smith LLP 1301 K Street
, N

. W. Suite 1100

- East Tower Washington, D .C

. 20005-3373 Tel +1 202 414 9200 Fax +1 202 414 9299 reedsmith

. com

Re: T a l on Ae rol yti cs' Request for Exemption from Certai n R eg ul at i ons per Section 333 ofthe FAA R eform Act and Part 1 1 of the Federal Aviation Re g ulation s

D ear Sir or Madam:

Pur s u an t to Section 333 of the FAA Modernization and R efo rm Act of20 1 2 (the Reform Act) and 14 C.F.R. Part 11
, Talo n Ae r o lytics LLC ("Talo n Aerolytics " ) hereby applies fo r an exemption fr om the listed Federal Aviation R egulations (" F ARs") t o allow business u se (commercial operation ) of its sUASs
, so long as such operations are conducted withi n and under the con dition s outlined herein or as
m ay be establis h ed by the FAA as required by Section 333.



### I. INTRODUCTION

T a l on Ae r olytics seeks to operate sUASs for aerial data co ll ect ion. In s upport of its app lication
, T a l o n Aerolytics sub mit s confidentially a Flight Ope rations Manual and fli gh t manuals for the DJI Phantom 3, DJI Phantom 2, DJI In s pire 1
, DJI S1000 +, and Aeryon SkyRanger. To the exte n t anything in this letter conflicts w ith the F li g ht Operations Manual or flight manu a l s , those d oc ument s control.
Speci fi c Regulations f or whi ch an exemption i s soug ht:

14CFR61.113 (a) 14 CF R 9 1. 7(a) 14 CF R 9 1.11 9(b) & (c) 14 CF R 91.121 1 4 CFR 91.151 (a) 14 CF R 9 1.4 05 (a) 14 CFR 4 07 (a) (1) 14 CF R 409 (a) (1) & (2) 14 CF R 417 (a) & (b)

NEW YORK + LOND ON • H ONG KONG + CHICAGO • WASHINGTON, D.C

. • BEIJING • PARIS • LOS AN GELES • SAN FR ANCIS CO • PHILADELPHIA • SHANGHAI • P I TISBURGH + HO U STO N SI NG APOR E + M UNICH +A BU DHAB I +PRINCETON • NORTHERN VIRGINIA • WILMING TO N • SIUCON VALLEY • DUBAI • CENTU RY CITY • RICHMOND • ATHENS +KAZAKHSTAN

US_ACTIVE

· 1 22 103002

. 1

· CRBATEMA0512612015 1 : 53PMMay 26,2015 Page2 

# Reed Smith

II. TALON AEROL YTICS ' S OPERATIO NS DO NOT POS E SIGNIFICANT HAZARD S

The sUAS's utilized by Talon Aerolytics are electric multi-rotor craft, weighing less than 55 lbs. including payload. They operate at a speed of no more than 80 mph (29 knots) and have the capability to hover
, and/or move in a vertical and hori zontal plane simultaneously. They will only be operated as visual line of sight (VLOS), remain under 400 ft. above ground level, or no more than 50 ft.
, above the structure being inspected, if that s tructure exceeds 400ft. The sUASs will operate on l y with permission of involved property owners and/or l ocal government officials.
During the proposed da t a collection operations, the site will be secured
, and non-participants will be kept at least 500 feet away from the operation
, unless barriers or structures are present that sufficiently protect non-participants from debris in the event of an accident.

Talon Aerolytics has drafted
, and submits confidentially
, a Flight Operations Manual whjch discusses safety considerations, training and general operating procedures for the proposed ope rations. Talon Aerolytics has also drafted, and subm its confidentially
, sUAS Aircraft Flight Manuals which set forth the specificat ion s, inspection and setup of the sUASs intended for use in th e proposed operations.



### III. TALON AEROL YTICS' PROPO SE D OPERATIONS ARE IN THE PUBLIC INTEREST

The FAA recently issued a Grant ofExemption to FalconSkyCam for operat i ons that are substantially similar to those proposed herein. Docket No. F AA-20 14-0884 (used March 6, 20 15). In issuing the Grant
, the FAA noted that " [t]he enhanced safety and reduced environmental impact achieved using a UAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of sign ificantly greater proportions, carry i ng crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operatio n enabled by this exemption is in the public interest."
Accordingly, Talon Aerolytics respectfully requests that the FAA grant the requested exemption without delay.



### IV. EQUIVALENT LEVEL OF SAFETY

Talon Aerolytics proposes that the exemption requested herein apply to civi l aircraft that have the character i stics and operate with the limitations listed herein. These limitations
, as listed below
, provide for at least an equiva le nt or even higher leve l of safety to operations under the current regulatory structure.May 26,2015 Page 3 

# Reed Smith

These limitations and conditions to which Talon Aerolytics agrees to be bound when conducting commercial operations under an FAA issued exemption include:

The sUASs utilized by Talo n Aerolytics w ill weigh less than 55 lb s.

F lights will be op erated during daylight hour s, in vis ual m eteorological co nditions
, and within visual lin e of sig h t (V LOS) ofthe pilo t of the sUAS

.
All operations will utilize a visual observer in add i t ion to the operator.

Maximum to tal fli g ht time for each operational flight will be approximate ly 30 minutes, o r when the sUAS reache s 25% battery power.

As noted
, non-participant s will be kept at least 500 feet away from th e operation, unless barriers or str u c tures a re pr esent that s uffi cie ntly protect non-participants from debri s in the event of an accident.



### V. EXEMPTIONS REQUESTED

14 C.F.R. 

### § 61.113(a) and (b): Private 

### vs. Commercial Pilot Certificates

Sections 61.113 (a) and (b) prohibit non-commercially r ated pilots from operati n g an aircraft for compe n sat ion or hire. Ta lon Aero l y t ics propose s that it s pilots will ha ve at leas t a spo rt or recreational pilot's certificate, and a med i ca l cert ificat e. I ts operations will be limited to controlled areas as reflected in Talon Aerolytic s' Fli g ht Operation s Manual. For the reasons set forth in the FAA 's grant of an exe mption to Astraeus Aerial, Talon Aerolytics do es not believe a com m erc i a l pilot certificate is

n ecessary for the operations it· inte nds to conduct. See, e.g. , In the matter of the petition of Astraeus Aer i a l
, E xemption No. 1 10 62 (issued Sept. 25, 2014). Fo r those r easons, Ta l on Aero lytics reque sts an exemption from 14 C

. F.R. 

### § 61.1 1 3(a) and (b).

14 C.F.R. 

### § 91.7(a): Civ il Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy airc r aft, and places responsibility for airworthine ss determinations on the pilot in comman d. The sUASs w ill not have an ai r worthiness certificate, and there i s no FAA regul atory standar d for determinin g ai rworthiness ofthe sUASs

. Additionally, Talon Aero l ytics ' operatin g documents set forth i nspection and maintenance proced ures to ensure a irworthiness. For th ese reasons, and in accordance w ith the FAA 's grant of an exempt ion from 91.7 to Total Safety U.S., I nc. , Talon Aerolytics requests an exempt ion from 14 CFR. 

### § 91.7(a). See
, e.g., In the matter of t h e petition ofTotal Sa f ety U.S., Inc.
, Exemption No. 111 56 (issued Jan

. 29
, 2015).May 26,2015 Page4



### 14 C.F.R. §91.119(b) a nd ( c): Minimum Safe Altitudes 

# Reed Smith

Section 9 1 .119 establishes safe altitudes for operation of civil aircraft. Section 9 1 .119(b) prohibits aircraft in congested areas from flying less than 1,000 feet above the hi ghest obstacle within a h orizontal radius of2,000 feet of th e aircraft

. To the extent that the s tructures that Talon Aerolytics wouJd be inspecting are considered to be in "congested areas,'' 1 Talon Aerolytics' operational procedures, and the size, weight and speed of the sUAS, provide an equ i valent l evel of safety s uch that operations at low e r
a ltitudes s hould be allowed.

As described in its Flight Operations Manual
, Talon Aerolytics will establish a 500' buffer /s terile area for its operations that will exclude personnel not associa t ed with the operations. Talon Aerolytics will also exercise additional control over the sterile area as needed, as set forth in th e Manual. Consequently
, Talon Aerolytics believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations in congested areas. Talon Aero lytics therefore requests an exe mption from 14 CFR 

### § 91.119(b).

Sectio n 91.119 (c) prohibits operations in other than congeste d areas below 500 feet above the surface,

or closer than 500 feet to any person, vessel
, vehicle or structure. As this exemp ti on is for sUASs that fly simi larl y to a helicopter and the exemption requests authority to operate at altitudes up to 400ft AGL (o r no more than 50ft above the structure being inspected, if taller than 400ft.)
, an exemption may be needed to allow such operations.

The equivale nt lev e l of safety will be achieved given the size, weight
, speed of the UAS as well as the l ocation where it i s operated. As discussed above, Talon Aerolytics' Flight Operations Manual provides for estab li shment of a steri le area, included safety buffers of 500 feet for personnel not
assoc iated with the operation. A 100 foot safety buffer will be in place for authorized personnel associated with the operat i on, unless t h e PIC determines a reduced buff er is esse ntial to the current operation. Talon Aerolytics therefore requests an exemption from Section 91.119( c) for all authorized p e rsonnel associated with th e opera tion.



### 14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising a lt itude by referen ce to
an altimeter that is set "

... to the elevatio n of the departure airport or an appropriate a ltimet er setting available before departure. " As the s UASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be n eeded.

1 The FAA Office of the Chief Counsel has indicated that whether an area is "congested" i s determined on a case-by-case basis. See, e.g., June 18, 20 12, Memorandum from Rebecca B

. MacPherson, Assistant Chief Counsel for Regulations
, to James E. Gardner, Manager, Flight Standards Division
, re " To what exte nt an operator can make a congested area uncongested."May 26,2015 Page 5

14 C

. F.R

. § 91.151(a): Fuel Requ i rements for Flight in VFR Cond i tions 

# Reed Smith

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VF R conditions unless (considering wind and forecast weather conditions) there is eno u gh fue l to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night
, to fly after that for a t least 45 minutes."

M ax imum total flight time for each operational flight w ill be app r oximate ly 30 minutes. Fli g h ts will be safe l y landed when th e battery falls below it s nominal voltage, should that occur prior to comp l e tion of the operation. T h e sUASs Talon Aero l ytics proposes to use all have a L ow Voltage Warning which alerts whe n the battery r eaches p r e -d etermined l eve l s. This battery level wou ld be more than adequate to return the sUAS to its p l anned landing zone from anywhe r e in its limited operating area when the Low Vol t age Warning alerts.

For t h ese reasons , Talon Aero l ytics req u ests an exemption from 14 C.F. R

. 

### § 91. 1 5 l (a). S imil ar
exem ptions have been granted to other operations
, includ in g Exemptions 2689F, 5745
, 10673
, and 10808.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspection s

These regulations requi r e that an a ircraft operator or owner " shall have that aircraft inspected as prescribed in subpart E of t hi s part and shall between required inspection s , except as provided in paragraph ( c) of thi s section, have d i screpancies repaired as prescribed in part 43 of this chapter

... , " and others shall inspect or maintain the airc r aft in compliance w ith Part 43.

As provided in Talon Aerolytics' Operati ons Manual
, the oper a tor will ens u re that the UAS i s in working order prior to initiatin g flight, perform r eq uired maintenance and inspect i ons, and keep a lo g of any maintenance performed.

VI. REGULATIONS FOR WinCH EXEMPTIONS ARE UNNECESSARY

Th e Federal Aviation Administration just i ssued a number of exemptions for UAS operations in filming of movies. In those exemptions, the age n cy noted that exemptions from certain regu l ations were not necessary, due to " the s i ze , weight, s peed and limited operating area associated with [the UASs] and its operat i on."

Ba sed upon the FAA's guidance, and the fact that Ta l on Aerolytics sUASs are simila r in size or sma ll er than those proposed by the film-making industry
, Talon Aerolytics believes exemptio n s from the following regulations are not necessary:

14 C.F.R. Part 21, Subpart H : Airworthiness Certificates 14 C.F.R. 

### § 45. 23 (b). Marking of the AircraftMay 26
, 2015 Page 6

14 C.F.R. §91.7(b): Civil aircraft airworthiness

. 14 C. F .R. §91.1 09: Flight instruction. 

# Reed Smith

Talon Aerolytics also believes that an exemption from 14 C. F .R. 

### § 91.103: Pr efl i ght Actio n , is not necessary. This regulation requires each pilot in comman d to take certain actions before flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safety will be provided as set forth in the operating docume nt s subm itted as part ofthis request.

The FAA has previous l y found that adherence to procedures contained in an applicant's operating documents demonstrate compl iance with§ 91.103
, and therefore an exemption from the regulation

was not necessary

. See
, e.g. , In the matter of the petition ofTotaJ Safety U.S.
, Inc.
, Exemption No. 11156 (issued Jan

. 29
, 2015).

As detailed in its operating documents, Talon Aerolytics' PIC will take all actions including reviewing weather
, flight battery requirements
, l anding and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of the flight. Consequently, in light of the agency's prior finding in Total Safety U.S.
, Inc., Talon Aerolytics does not believe an exemption from 14 C. F .R. § 91.103 is necessary.

Pursuant to 14 C.F.R. P art 11
, the following summary is provided for publication in the Federal Register
, should it be d etermined that publication i s needed:

Talon Aerolytics LLC seeks an exemption from the fo llo wing rules:

14 C.F.R. 

### § 61.] 13(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121 ; 91.151(a); 91.405 (a); 91.407 (a) ( 1) ; 91.409 (a) (1) 

### & (2) and 9 1. 417 (a) 

### & (b) to conduct aerial data collection.
Approval of exe mpti ons allowing commercial operations of sUASs for these operations will enhance safety by reducing risk. Conventional means for performing data collection on
e le vated structures and other property require ladders
, ropes , aerial lifts, or using conventional helicopters operating at extremely low altitudes over the subject structure being photographed. These conventional means all pose risks to persons and property.

In contrast, an sUAS weighing less than 55 lb s. and powered by batteries, e lim inates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the project site and not flown. The sUAS will carry no passengers or crew and, therefore
, will not expose them to the risks associated with manned aircraft flight s, ground-based aerial lift (bucket truck) ope r ations
, or manual climb i ng and inspection operations.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outli n ed above
, will provide an equiva l ent level of safety supporting the grant of theMay 26,2015 Page 7 

# Reed Sm i th

exemptions requested herein, including exempting Talon Aerolytic s from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to the ground, and, as a result
, are far safe r than conventional alternatives.

Privac y

A ll flights will occur over pr i vate or controlled access property with the property owner's prior consent and know l edge.

Satisfac t ion ofthe criteria provided in Section 333 of the Reform Act of2012--size
, weight, speed, operating capabilities
, proximity to airports and populated areas and operation wit h in visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial oper ation of Talon Aero l ytics' sUASs to conduct aerial data collection.
Sincerely, 

# 0

Courtney R. Bateman Reed Smith LLP Counse l for T alon Aerolytics

/Si gned/ J ohn McGraw John McGraw Aerospace Consulting Consultant t o Talon Ae r o lytics
CRB:lsj