# American Aerial, lie

November 30, 2015

U

.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Ave., SE Washington, DC 20590 Instrument Prepared by: David A McNamara 203a Woodm on

t Circle Nashville, TN 37205 Dmcnamara@AmericanAeria l.us 919-770-0888



### RE: Petition ofAmerican Aerial, LLC for Exemption Pursuant to Section 333 ofthe FAA 

### Modernization andReformActof 2012 andPart11 of the FederalAviation Regulation. Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, American Aerial, LLC (Operator) seeks an exemption from Federal Aviation Regulations (FAR's) to allow commercial operations oftheirUASs (Unmanned Aerial Systems) for the purpose ofconducting aerial photography and videography for marketing material production, real estate sales, commercial businesses promotions, inspection ofbuilding structures (residential/commercial), special events, storm damage, and search and rescue support. This requested exemption follows the language ofexemptions Pursuant to Section 333 thathave previously been approved by the FAA. Regulations from which this exemption is requesting: 14 CFRPart 21 Subpart H 14 CFR45.23 (b) 14 CFR 61.3 14 CFR 61.113 (a) & (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 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.251 (b)(3) 14 CFR 91.401-91.417

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# American Aerial, lie

Regarding the Unmanned Aircraft System 1. The requested exemption would support an application for a commercial Certificate ofAuthorization (COA) to use the below described UAS, so long as operations are conducted within and under the conditions outlinedherein or as may be established by the FAA as required by Section 333. It is the Operator' s mission to provide the safest and most efficient means ofCivil Commercial implementation in the National Airspace System (NAS). Systems used by American Aerial, LLC: 1. DJI Quadcopter System (Phantom 3

-Advanced) a. Reference: DJI Phantom 3-Advanced User's Manual v1.6 b

. Reference: DJI Phantom 3

-Advanced Safety Guidelines c. Reference: DJI Phantom 3-Advanced User's Manual [ FCC Compliance

-Appendix Pg. 57] Regarding the Unmanned Aircraft Pilot in Charge (PIC) 1. Operator proposes to operate its UASs with a pilotholding a private pilot certificate, at a minimum

. The UAS PIG-will betrained in advance forthe safe operation ofthe UAS to be operated. Thistraining will include operation ofthe UAS, in normal and emergency flying modes ofoperations, and will include familiarization with all applicable manufactures manual publications. PIC training will also include multiple maneuvers to be performed and the safe operation in relation to persons, property, and mrspace. PIC will be required to accumulate a minimum of 100 flight cycles and 25 hours oftotal recorded flight time as a UAS pilot and at least 10 hours logged as a UAS 's pilot with a similar UAS type. All operations mustutilize Visual Observers (VO's)

. VOs who are not pilots will berequired to attend ground training, hosted by PIC, in order to fully understand UAS flight operations, communication protocols, visual identification and scan techniques as well as any necessary sections ofthe Aeronautical InformationManual. 2

. The PIC will be required to hold an airman medical certification and/or valid Driver's license for all flight operations. Regarding the Operation ofthe Unmanned Aircraft 1

. Operatorproposes to operate its UASs in the following capacities: a. Aerial photography, videography, and survey data collection for public and private use. b

. Aerial photography ofreal estate (residential and commercial) forthe purpose ofproducing marketing and promotional materials c. Aerial inspection/photography ofresidential, commercial, and temporary structures. These inspections will be conducted on specific contract and permission from property owners and government authorities. d. Aerial inspection/photography ofnatural disaster damage. e. Aerial videography and enhanced visual support for search and rescue efforts.

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. Operator proposes to operate its UASs in the following environmental conditions: a. Flights are restricted with wind speeds exceed 1Ornls, snow, rain, and/or fog. b. Flights are restricted to a maximum altitude of400 feet above ground level (AGL) c. Flights are restricted to operations less than 500 feet belowor less than2000 feet horizontally from a cloud. d. Flights are restricted within a 5 nautical mile radius ofan airport as denoted on a current FAApublished aeronautical chart, unless a letter ofagreement withthe airport's management is obtained, and the operation is conducted in accordance with a Noticeto Airmen (NOT AM), as required bythe operator's Certificate ofAuthorization (COA). e. Flights are restricted whenvisibility is less than 3 statute miles from PIC. f. Air speed ofaircraft is not to exceed 87 knots (100 mph) orin excess ofmanufacturer's limits. g. Flights are restricted to visual line ofsight (VLOS) ofthe PIC and VO at all times. h. PIC and VO must be able to communicate verbally throughoutthe duration ofall operations. 1. Texting and electronic messaging is prohibited during any/all operations. 

### J. All flights must be conductedunder visual meteorological conditions (VMC) k. Flights under special visual flight rules (SVFR) are not authorized. 

### 1. Flights will terminate with a minimum of20% battery powerreserved. m. A briefing-will be performedregarding theplanned UAS operations priorto each day's flight consisting ofall the days' production activities. n. Flights are restricted during night time, in accordance to 14 C.F.R. 

### § 1

.1. 3. As described fully above, the requested exemptionwould permit the operation oftheUAS under controlled conditions in the NAS that would be limited, controlled, predetermined, and will provide safety enhancements to the already safe operations inthe industry presently using conventional aircraft. The approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establishrequirements forthe safe operations ofsuch aircraft systems in the national airspace system" Given the smaller size ofthe UAS and the controlled environment provided; the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis applicationpresented no national security issues. Regarding the level ofsafety surrounding the proposed operations, the public benefit, and the reduction in environmental impacts, including but not limited to emissions and noise, the grant ofthe requested exemption is in the public interest. 4. Operator's contact information: David A. McNamara 203a Woodmont Circle Nashville, TN 37205 5. Operator will obtain any required COA's, ifapplicable, once the exemptionhas been granted. 6. Reference: DJI Phantom 3-Advanced User's Manual (EN) v1.6

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Exemption Requests and Equivalent Level ofSafety 14 CFRPart 21, Subpart H: Ainvorthiness Certificates 14 CFR § 91.203 (a)(1) Based on the limited size, weight, operating conditions, design safety features, andthe imposed conditions and limitations, Operator has demonstrated that its operations would not adversely affect safety compared to similar operations conducted with aircraft tha t have been issued an airworthiness certificate under 14 CFR Part 21, Subpart H. Therefore, as the FAA found for Astraeus Aerial, Exemption 11062 the requested reliefform 14 CFR Part 21 , and any associated noise certification and testing requirements ofpart 36, is not necessary. 14 CFR § 45.23 (b) - Display ofMarks Since Operator's UAS has no entrance to the cabin, cockpit, orpilot station on which the markings can be placed, two inch lettering will be impossible. Official marking systems for small UAS have not been established for operations inside the NAS. Operator is prepared to markthe UAS with the name ofthe organization and location or origin and fulfill any other request by the FAA to this topic in accordance with 14 CFR 

### § 45

.23 (f) where the pilot, observer, and others working with the sUAS will see the identification ofthe sUAS. The FAA has issued the following exemptions to this regulation, see Exemptions: 8738, 10167, 10167a, and 10700. 14 CFR § 61.113 (a) and (b) - Private pilot privileges and limitations This regulation provides: (a) This regulation provides that no person who holds a private pilot certificate may act as a Pilot in Command ofan aircraft for compensation orhire. (b) This allows a private pilot to act as pilot in command ofan aircraft in connection with any business or employment if: (1) the flight is only incidental to that business ofemployment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. All the requirements ofa private pilot certificate will prepare the UAS operator for the environment within which they will be operating. Please reference exemption 11062 to Astraeus Aerial, where the FAA determined that the PIC with a private pilot certificate operating a UAS would not adversely affect operation inthe NAS orpresent a hazard to persons orproperty onthe ground. 14 CFR § 91.7 (a) and (b)- Civil aircraft ainvorthiness This regulation provides: (a) No person may operate a civil aircraft unless it is inan airworthiness condition. (b) The pilot in command ofa civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight whenunairworthy mechanical, electrical, or structural conditions occur. While the operator's UAS will notrequire an airworthiness certificate, operator is required to ensure that its aircraft is in airworthy condition- based on compliance withthe operating documentationpriorto every flight. As previously determined with Astraeus Aerial, Exemption 11062, relevant materials may bekept in a location accessible to the PIC in compliance with the regulation

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14 CFR § 91.9 (b) (2)- Civil Aircraft Flight Manual, marking, and placard requirements 14 CFR § 91.203 (a) and (b)- Civil Aircraft: Certifications required As previously determined with Astraeus Aerial, Exemption 11062, relieffrom these sections are not necessary. Relevant materials may bekept in a location accessible to the PIC in compliance with the regulations

. 14 CFR § 91.103- Preflight Inspection This regulationrequires eachpilot in command to take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will notbeprovided for the aircraft, an exemption will be needed. The PIC is review weather, flight battery requirements, and preform a safety check ofthe area ofintended flight to ensure the flight can be conducted safely. 14 CFR § 91.109- Flight instruction: Simulated instrument flight and certain flight tests. This regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functional dual controls." The controls for the UAS do not currently have a set offully functional dual controls. Ifa UAS's pilot is being trained, the instructor would be directly supervising and observing the training and could immediate take control ofthe aircraft whenever necessary. We feel that this closely supervisedtraining protocol, conducted by qualified personnel, while operating in accordance to 14 CFR § 91

. 119, satisfies the intention of 14 CFR § 91.109. 14 CFR § 91.119- Minimum Safe Altitudes This regulation provide that over sparely populated areas, the aircraft cannotbe operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthis UAS would be photography or survey ofpersons, vessels, vehicles, and structures it would be necessary to operate the UAS closerthan 500 feet from this items. Operations will only beflown over property orpersons where permission has been obtained, and careful preplanning had been performed. The UAS will also be operating at very low airspeeds and with very lowmass and will not require much airspace for safe operation, as outlined in 14 CFR § 91.119. For additional safety, the Operator canplace physical barriers and structures, barring visual indicators (Warning Signs) to clearly identify the operational areaofthe AUS. Will feel these additionalprecaution will increase the safety for any nonparticipating personnel. Webelieve that the UAS's physical, performance, and operating characteristics, as well as careful preplanning and environmental safeguarding will provide an equal level ofsafety. 14 CFR § 91.121 - Altimeter Settings This regulation provides that all aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe aircraft. The UAS will normally beflying close to the ground, and in line ofsight ofthe PIC and/or VO. All operations are restricted to VLOS ofthe aircraft. The UAS controller does display the altimeter reading to the PIC at all times. This Altimeterreading is generator by the UAS's onboard GPS. This will provide an equivalent level ofsafe operating distance from other aircraft, structures, and terrain.

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14 CFR § 91.151- Fuel requirements for flight in VFR conditions This regulation provides that onpilot is to begin the flight ofan aircraft under dayVFR conditions unless the aircraft is carrying enough fuel to fly to the first point ofintending landing andto fly for an additional 30 minutes afterwards. We feel the intention ofthis regulation is to ensure that all aircraft carry enough reserve fuel to safely land in the event the planned landing is delayed. The UAS will be operated in close proximityto the ground and does not require the large amount oflanding area needed for traditional fixed winged aircraft. The UAS has built-in Battery Life (Fuel) reserve safeguards that ensure the aircraft will safely land with a minimum ofa 20% charge. The UAS battery charge level is displayed to the PIC on the controller. The UAS 's controller provide a visual and audible "low charge" warning to the PIC. We feel that these safeguards provide an equivalent level ofsafety in regards to fuel/energy reserves. 14 CFR § 91.251 (b) (3)- ATC transponder and altitude reporting equipment and use This regulation provides provisions for aircraft not originally certified with an engine-driven electrical system or which has not subsequently been certified with such a system installed. Forthe UAS not equipped with a transponder, sub-paragraph (b) (3) authorizes requests for ATC authorized deviations made to the ATC facility with authority overthe AUS's operational airspace and operational time periods. For operation ofan aircraft not equipped with a transponder, request are to be submitted to the appropriate ATC no less than 1 hour before proposed UAS operations. 14 CFR § 91.401- 91.417- Maintenance, preventive maintenance, and alterations This regulation provides that the Operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Part 39 and 43. Operator believes that adherence to their documents containing pre-flight and post-flight checks for the UAS is sufficientto ensure that safety is not adversely affected

. In conclusion, we feel that granting this exemption will benefitthe public interest as a whole inmany ways, including (1) significantly improving safety and reduction ofriskby alleviating human exposure to danger, (2) improving aerial data collection service operations andreducing operating costs, and (3) providing an environmentally conscientious way ofproducing databy aerial means
Thank you for your consideration

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President, American Aerial, LLC 203a Woodmont Circle Nashville, TN 37205 Dmcnamara@AmericanAerial.us
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