Jonathan B. Hill

T: +1 202 776 2725 jhill@cooley.com

1299 PENNSYLVANIA AV ENUE, NW, SUITE 700, WASHINGTON, DC 20004

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- 7899 WWW.COOLEY.COM August 18 , 2014

Robert Pappas UAS Integration Office

– Special Rules Coordinator

Federal Aviation Administration

490 L'Enfant Plaza # 3200 Washington, DC 20024

RE: Request for Additional Information: Astraeus Aerial, Petition for Exemption, Docket

Number FAA

- 2014

- 0352; and Petitions for Exemption in Dockets FAA

- 2014

- 0353,

FAA

- 2014

- 0354, FAA

- 2014

- 0355, FAA

- 2014

- 0356, FAA

- 2014

- 0357, and FAA

- 2014

- 0358

Dear Mr. Pappas :

W e file this letter on behalf of the seven exemption applications listed above. This letter is in response to an email

, dated August 7, 2014 at 12:03 pm, addressed to the undersigned and John McGraw. As you are aware, we represent these entities and filed the exemption applications for each in the indicated dockets.

Below, w e set forth responses to each of the questions raised in your email:

**1. To assist with assessing your request for**  **exemption from a number of the regulations in your petition, we request**  **the following information regarding your UAS(s):**

**a. Specific type(s), make, and model, and registration numbers, of UAS(s) to**  **be operated by Astraeus. If not registered at this time, please provide the aircraft serial numbers. For each UAS, provide the**  **manufacturers information regarding the design, aircraft performance, and fail** 

**- safe features. Provide manufacturer information related to**  **operating limitations, normal and emergency procedures, and maintenance and inspection procedures.** 

Each applicant’s response to this question will be contained in the individual Aircraft Flight Manuals that will be filed confidentially

.

**b. An Aircraft Flight Manual or equivalent (which is distinct from the**  **Operations Manual) for each UAS with specific instructions a nd information necessary to**  **operate the UAS in a safe manner. The information contained in that Aircraft Flight Manual or equivalent should also support your request for relief from 14 CFR § 91.103(b).** 

The Aircraft Flight Manual s , or their equivalent s , are submitted with a request that the manuals be maintained as confidential and proprietary. The manuals contain information that is not available to the public and has been maintained by each of the operators as proprietary andRob Pappas August 18, 2014 Page Two

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- 7899 WWW.COOLEY.COM confidential. We will s ubmit these directly to you under separate cover, marked confidential. They will be submitted as they are made available to the undersigned.

**2. The FAA is assessing your request for exemption from 14 CFR § 61.113 (a) and**  **(b). Regarding equivalent safety or no adverse safety affect, please provide your**  **assessment of the training and qualification differences between private and commercially certificated pilots, and if and how these differences may impact the safety**  **of the proposed operations of your UAS(s) . Relative to any identified deltas between the**  **commercial and private certificates, please address the mitigations proposed to ensure an equivalent level of safety or no adverse safety affect. Example mitigations might**  **include the minimum total flight h ours required to perform the duties of PIC or the**  **minimum total flight hours required for each UAS being used to perform the duties of**

**PIC.**

There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as described in the Exemption Applications does not depend on the type of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed by the PIC are knowledge of the airspace within which the “closed set filming” operation will take place and how that airspace fits into the National Airspace System (NAS). That knowledge can be and is gained primarily through ground s chool and not through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safe l y operate a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre

- approved airspace. Beside s knowledge of airspace regulation s , dexterity in the control and operation of

the s UAS acquired from actual operation of the aircraft is the most important factor in establishing an equiva lent level of safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issue s

are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today to accomplish the same mission

, and (3) what precautions will be taken to ensure the safety of those in the area of operation. As set forth in the Exemption Application, Applicants , to address those issues, have proposed that the PIC ha s at least an FAA Private Pilots Certificate

and a Class III medical ; the aircraft be operated within a secure environment ; and that no one be allowed to enter the secure environment unless they are part of the production

, have been fully briefed of the risks prior to operation of the sUAS , and have consen ted to the risks

associated with being in the operating area. Should there be a mishap, t he sUAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable fuel

, do not carry crew or

passengers , and pose an infinitesimal risk to others . This is in stark contrast to conventional aircraft that are flown to the site, carry explosive fuel , carry passengers and crew, and operate in a much larger are a.Rob Pappas August 18, 2014 Page Three

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- 7899 WWW.COOLEY.COM From a practical standpoint, there are relatively few licensed full

- scale aircraft pilots who are also qualified to fly the type of sUAS that are utilized for motion picture industry image

- capture operations. There are even fewer commercial pilots that can fly these sUAS

– to the point that to do both is considered rare. Assuming that it is unlikely for a company to find a pilot that has both qualifications, that company would either have to source a qualified sUAS pilot to train and obtain a commercial certificate, or find a commercial certificated pilot who would be willing to learn to fly a sUAS to the competency level required for pro fessional motion picture industry

use. 1

As set forth in the Motion Picture and Television Operations Manual (hereinafter the “Operations Manual”), submitted as a c onfidential document, minimum requirements for the PIC include:

1) Private Pilot’s license and a Class III medical;

2) A minimum of 200 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor) ;

3) A minimum of 5 hours as sUAS pilot with the make an d model of sUAS to be utilized for

oper a tions under the exemption and 3 take offs and la ndings in the preceding 90 days;

4) Have undergone a qualification process consisting of a knowledge test of the aircraft to be used and a flight demonstration to be admin istered by a FSDO

- approved company pilot.

Specifics are set out in the Operations Manual in S ection M fo r both the pilot and observer.

1 Requiring a sUAS pilot to obtain a commercial certificate, as opposed to just a private pilot certificate, creates a significant financial burden and provides little or no added benefit. For example, consider a company that has fina nced its employee’s private pilot’s license (PPL) and that the employee accrued 100 hours of flight time as part of his or her PPL training. To obtain a commercial certificate, he or she

now needs an additional 150 hours to qualify for the commercial rat ing. This additional training

— assuming that an instrument rating is not needed because the proposed sUAS operations would be strictly VFR

— would cost, at a minimum, approximately $21,000. The costs breakdown as follows: :

140 flight hours in a basic fixe d wing aircraft (i.e. C172) @ $125 per hour = $17,500 10 flight hours in a complex fixed

- wing aircraft @ $200 per hour = $ 2,000 20 hours flight instructor (part 61) @ $75 per hour = $ 1,500

Total Cost $21,000

However, t he reality is that oftentimes the cost is much greater

. Based upon this analysis, combined with all factors, including the lack of qualified commercial pilots, it is hard to envision a cost benefit to the requirement that commercial pilots must operate the sUAS.Rob Pappas August 18, 2014 Page Four

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- 7899 WWW.COOLEY.COM **a. Item 7 of the petition states, “If a pilot certificate holder other than the**  **sUAS Pilot, who possess the necessary PIC q ualifications, is also present on set (i.e. the**  **Aerial Coordinator), that person can also be designated as PIC.” Describe how the PIC, who is not the pilot flying, will be engaged in the flight operation, to include proximity to**  **the pilot flying and flight controls, procedures for the PIC to assume control of the**  **aircraft, and communications between the PIC and visual observer.**

The Applicants have , with this letter, withdrawn their request that an Aerial Coordinator be designated as the PIC as part of the E xemption. Therefore, n o further response to this question will be provided.

**b. Per item 14 of the petition; “Observer and pilot will at all times be able to**  **communicate by voice and/or text.” Describe how text messaging impacts the pilot and observer respons**  **ibilities for maintaining safe flight.**

The Applicants have withdrawn , with this letter, their request that the FAA considered “text” communications between the PIC and Observer in evaluating the exemption applications. The contingency is not included in t he Operations Manual.

**3. In your petition for exemption from 14 CFR § 91.109, Flight instruction; Simulated**  **instrument flight and certain flight tests, the equivalent level of safety in the exemption rests upon, “neither a pilot nor passenger will be carri**  **ed in the aircraft and by the size and speed of the aircraft.” The safety of non** 

**- participating persons and property, ground** 

**** **based and airborne, is not addressed. Please describe how an equivalent level of safety or no adverse safety affect will be accompli**  **shed during training operations.**

The safety of those on the ground is protected by the fact that no one will be allowed into the closed set without the permission of the film company. Security will be established for the flight area as part of the pre

- fli ght control. Each individual within the secure area will be briefed prior to flight and will consent to being in the area. All others will be excluded from the area. See Section E of the Operations Manual.

**4. Regarding your petition for exemption from 14**  **CFR § 91.119, Minimum safe altitudes: General, page 4, #11 of the petition proposes operating no less than 100 ft.**  **from “consenting persons involved in the filming,” with possible reductions to 30 ft. For each UAS(s) for the proposed operations, what miti**  **gations will ensure the safety of non**

  ** participating persons and property?**

The Operations Manual provides that production personnel may be within 100 to 30 feet of the aircraft with specific briefing of the production personnel and the safety assessment of the PIC.

F or operations close r than 30 feet, all participants will be provided a safety briefing and specific flight plans for each fligh t will be coordinated between the PIC, observer

, and the subjects of the filming operations as set forth in the Operations Manual Section E

. The Operations Manual requires obtaining permission from the FAA FSDO having jurisdiction over the flight, consist ent

with the requirements for full scale aircraft set forth in Order 8900.1 Vol. 3, Chapter 8 for flights

closer than 30 feet . Unlike current flights in close proximity to individuals, sUAS filming does notRob Pappas August 18, 2014 Page Five

1299 PENNSYLVANIA AV ENUE, NW, SUITE 700, WASHINGTON, DC 20004

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- 7899 WWW.COOLEY.COM pose nearly the risk to the subject of such film ing as presently encountered with helicopters and fixed wing aircraft. Applicant s ha ve provided pictures of current operations with turbojet helicopters to illustrate this point in response to a similar question.

**5. Furthermore, your petition for exemptio**  **n from 14 CFR § 91.119 proposes operations from elevated platforms. Please describe the elevated platforms. For**  **example, are they stationary, could the elevated platform be a manned aircraft, etc.?**

With this letter applicants have withdrawn their request to operate from a platform and will limit all operations to 400 AGL or below.

**When operating from below ground level or below an elevated platform, (as shown on page 13 of the petition) what are the proposed maximum distances below and laterally** 

**from the l ocation or platform from which the aircraft will be operated? In the event of a**  **system failure, how does the petitioner ensure safety for persons and property when operating over such areas?** 

With this letter applicants have withdrawn their request to opera te from a platform and will limit all operations to 400 AGL or below.

**6. Your petition for exemption from 14 CFR § 91.121, Altimeter Settings, states that a**  **“GPS altitude read out” will be used in lieu of a barometric altimeter. Although it states, “An eq**  **uivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS**  **altitude indicator before flight,” we found no reference to altimeter settings or a Safety Check list within the Operations Manual. Please provide the aforementioned Manual,**  **Safety Check list, or equivalent document(s) describing these procedures, and in the petition, describe how the hazard mitigation provided ensures an equal level or no** 

**adver se safety affect.** 

Sections L and J of t he Operations Manual now include requirements that altitude information be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display . This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero

altitude initiati on point will be established and confirmed for accuracy by the pilot.

**7. The petition requests relief from numerous maintenance and inspection**  **regulations, specifically 14 CFR § 91.405(a), § 91.407(a ) (**  **1), § 91.409(a ) (**  **2), and § 91.417(a) and (b).**  **Please describe the additional procedures (which can be included in the Operations Manual, a Maintenance and Inspection Manual, or equivalent document), if**  **any, needed to:**

**a. Address unscheduled maintenance.** 

**b. Document the authorization for UAS flight a**  **fter maintenance.**Rob Pappas August 18, 2014 Page Six

1299 PENNSYLVANIA AV ENUE, NW, SUITE 700, WASHINGTON, DC 20004

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- 7899 WWW.COOLEY.COM **c. Address the process, if applicable, of incorporating changes in the UAS, or**  **other work performed to the UAS that appreciably affects the flight operating**

**characteristics of the UAS.**

**d. Address the UAS inspection process including the**  **inspection frequency for the type(s) of UAS to be operated.** 

**e. Address the documentation process of UAS inspections, incorporation of**  **changes and/or work performed upon the UAS, and the identification of the person whom performed the work and/or authoriz**  **ed the UAS for flight.**

Appendix B of t he Operations Manual, pages 29

- 38

, addresses the maintenance question s presented to the extent that the manufacturer does not provide specific maintenance

instructions

. Maintenance will be “on condition” for all aircraft. Each aircraft will have a maintenance log as set forth in Appendix B of the Operations Manual.

Sincerely,

Jonathan B. Hill

John McGraw

cc: James Williams Thuy Cooper

Jake Troutman

Dean Griffith Joseph Morra