Michael Broker

NE3RDLLC P.O. Box 6135 Navarre, FL 32566 Cell (832) 819-3009 Email: nerd@ne3rd.com May 21,2015



## u.s. Department ofTransportation Docket Management System 1200New Jersey Ave., SE Washington, DC 20590 RE: Exemption Request Section 333 ofthe FAA Reform Act of2012 Attachments: 1)IRIS-PIus-Operation-ManuaI

-vH-web

2) E3840perations Manual 3) E384TrainingSyllabus 4) E384 Maintenance Manual 5) Phantom 2 Vision+ User Manual V1

.6 20141112 6) Phantom 2 Vision Plus (Quick Start Guide) 20141118 7) Phantom pilot training guide V1.1 20140407 8) Flight Checklists References: 1)FAA Exemption No. 11138, Regulatory Docket No. FAA20140481

In the matter ofthe petition ofDOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No

. FAA-2014-0508 in the matter ofthe petition ofADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 Inthe matter ofthe petition ofFLYING CAM INC

Dear Sir orMadam, In accordance with the FAA's Guidelines/or Submitting a Petition/or Exemption under section 333 ofthe FAA Modernization andReform Act 0/2012, NE3RD LLC, referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code ofFederal Regulations §§ Part 21, Subpart H; 61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a);, 91.405(a); 91.407(a)(1); 91.409 (a)(l); 91.409(a)(2); 91.417(a) & (b); In order to operate small unmanned aircraft systems (sUAS) commercially in airspace regulated bythe Federal Aviation Administration (FAA) for the purposes of aerial data collection including: environmental mapping, crop surveying, aerial photography, cinematography, videography that can be performed safely and more cost effectively with the use of small sUAS

1at low altitude within the U

.S. national airspace system as compared to amanned aircraft.

Operations will be performed only atthe request of and with the authorization and permission of clients ortheir authorized agents in order to facilitate commerce and raise awareness ofthe beneficial uses of small unmanned air systems. So long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The conditions identified and proposed by the petitioner are drawn from references 1-3. TheFARs The petitioner seeks exemption from the above mentioned FARs for the following reasons; 14 C.F.R

. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates inrelation to FAR § 91

.203(a)(l). The size, weight and enclosed operational area ofmy UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 ofthe Reform Act

. The PAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Section 333 ofthe Reform Act

. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My current and projected UAS's meet or exceed each ofthe elements. 61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization ofpilots, who hold a SPORT PILOT (or greater) certificate. We can achieve an equivalent level of safety as achieved by current Regulations because our sUAS do not carry any pilots orpassengers. The risks attended to the operation of our sUAS is far less than the risk levels inherent in the commercial activities outlined in 14C.F.R

. § 61, et seq. Thus, allowing us to operate the sUAS in amanner that meet and exceed current safety levels inrelation to 14 C

.P.R

. §61

.113 (a) & (b). In addition, Grant ofExemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that aPIC with aprivate pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present ahazard to persons or property on the ground. 91.119(c) Establishes safe altitudes for operation ofcivil aircraft. Specifically, 91

.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the sUAS will not operate athigher than 400 feet AGL

. The sUAS will, however, be operated to avoid congested orpopulated areas. Because aerial data collection must be accomplished atrelatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91

.119(c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the sUAS are built

. Also, no flight will takeoff or land without the permission ofthe land owner or those who control the land. Because ofthe advance notice to the landowner, all affected individuals will be aware ofthe flights. Compared to operations conducted with aircraft orrotorcraft weighing far more than the sUAS, and carrying flammable fuel, any risk associated with these operations will be significantly less than those currently allowed with conventional aircraft operating at or below 500 feet AGL

.

2Indeed, the low-altitude operations ofthe sUAS will maintain separation from operations of

conventional aircraft that must comply with Section 91

.119. 91.121 As discussed inExemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with abarometric sensor for altitude information. To provide an equivalent level of safety, the sUAS autopilots calculate the ground level with the on-board GPS during the pre-flight tests. The GPS and barometer data are merged with their respective precisions. The GPS provides reliable information to correct potential barometric bias, while rapid variations in altitude are detected through the barometer

. 91.151(a) As discussed in Exemption 11136 CADV ANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UASspecific relief has been granted inExemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining inpercent to the PIC. The UA batteries provide approximately 10-25 minutes ofpowered flight for the IRIS+ and Phantom 2 Vision Plus and 100minutes for the E384. An equivalent level of safety can be achieved by maintaining the manufacturer recommended minimum minutes ofreserve fuel, which would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating area given that the systems are designed to be flown within direct VLOS ofthe PIC. Information provided in the operating documents discusses procedures regarding remaining battery power management
. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level

. Given the limitations on proposed operations and the location ofthose proposed operations, The FAA found that areduced minimum power reserve for flight in daytime VFR conditions was reasonable.

91

.405(a); 91

.407(a)(I); 91.409 (a)(I) & (2); 91.417(a) & (b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner's operating documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected. An equivalent level of safety will be achieved because the sUAS are small in size, will solely operate inrestricted predetermined areas and are not complex mechanical devices. We will perform all maintenance and inspections in accordance with the manufacturers' manuals and any required manufacturer Safety or Service Bulletins. In addition, the PIC will conduct a preflight inspection ofthe sUAS and all associated equipment to account for all discrepancies

3ThesUAS

3D Robotics IRIS+ The 3D Robotics IRIS+ is ahighly successful consumer grade small rotorcraft in the quadcopter configuration with an advertised max gross takeoff weight of 62 ounces (1746g) designed primarily to carry aloft ahigh definition camera. Ithas an advertised maximum speed of less than 30 knots (I5m/s)

. It ispowered by four electric motors with a distance between motors of less than 20 inches. Itutilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit and a ground control station (GCS) for autonomous missions. Real time video and telemetry information is transmitted back to a GCS allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. Ithas failsafe modes of operation for either loss ofbattery, telemetry, RC or GPS signal

. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 12minutes

. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching alow battery state. An automatic termination offlight and landing will be initiated when the battery reaches apredetermined low state. It is anticipated that flights will usually last less than 10minutes. More information is available in attachment 1 or at: http:/ /3drobotics.com

/iris/info Event 38

- E384 The E384 fixed wing sUAS, which is manufactured by Event38 ofAkron, Ohio. The principle construction material for the E384 airframe is EPO foam, carbon fiber tail boom with an all up weight (AUW) no greater than 100bs.The E384 is powered by a single lithium polymer battery that drives a single brushless motor
. The E384 has amaximum flight time of 100minutes with operating speed of 27 mph. The pilot in command (PIC) will communicate with the E384 with a 2

.4 ghz remote control radio and a 915mhz data telemetry radio connected to a ground control (GC) computer
. The E384 aircraft has several failsafe systems inplace: 1) Inthe event ofthe loss ofremote control (unlikely due to visual line of sight (VLOS) operations under 400ft) the E384 will perform a "return to home" command. 2) In the event ofthe loss of ground control connection (unlikely due to VLOS operations under 400ft) the E384 will perform "return to home" command. 3) Inthe event ofa low battery (less than 20%) the E384 will perform a "return to home" command. In addition to the above failsafes, a gps guided "Geofence" will prevent the E384 from flying beyond its intended flight path. More information is available in attachment 2 or at: http://event38.wikispaces.com/E384+Getting+Started DJI Phantom 2 Vision Plus The DJI Phantom 2 Vision Plus is ahighly successful consumer grade small rotorcraft in the quadcopter configuration with an advertised weight ofless than 44 ounces (1242g) designed primarily to carry aloft ahigh definition camera. It has an advertised maximum speed of less than 30 knots (ISm/s) and amaximum climb rate ofless than 1200 feet per minute (6 m/s). It is powered by four electric motors with a distance between motors ofless than 14inches (350mm) Itutilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is
4controlled primarily through an FCC certified radio control (RC) unit. Real time video and

telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. Ithas failsafe modes ofoperation for either loss ofRC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits f light times to approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching alow battery state. An automatic termination offlight and landing will be initiated when the battery reaches apredetermined low state
. It is anticipated that flights will usually last less than 10minutes. More information is available in attachment 5. http://www.dji.com

/ product / phantom2visionplus Risk mitigation The petitioner has reviewed FAA exemptions references 1-3 Conditions and Limitations section and believe that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safety. A preflight checklist is employed to ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance ofroutine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. The petitioner request that in amanner similar to reference 3, he be allowed to operate within 5 miles ofan airport provided that; "The VA may not operate in Class B, C, orD airspace without written approvalfrom the FAA

. The UAmay not operate within 5 nautical miles ofthe geographic center ofa non-towered airport as denoted on a current FAApublished aeronautical chart unless a letter ofagreement with that airport's management is obtained , and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter ofagreement with the airport management must be made available to theAdministrator upon request." Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting amechanism to facilitate such activities without requesting anew and separate exemption(s) should the need arise. Operations within class B airspace are not requested due to the lack ofmode Ctransponder. In addition to the minimum pilot certifications required by the FAA, our pilots will: 1) Have flown and logged aminimum of 150 flight cycles and 25 hours oftotal time as a sUAS pilot for a given category of sUAS (rotorcraft or fixed-wing) and at least 10hours logged as a sUAS pilot with a similar VAS type (single blade ormulti-rotor). 2) Have flown and logged aminimum offive hours as UAS pilot with the make and model ofthe sUAS as well as three take-offs and landings in the preceding 90 days.

5Public interest

.•. Use ofthe sUAS in lieu of amanned aircraft would enhance safety and reduce the environmental

impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel

. Additionally, use ofthe sUAS in order to facilitate commerce will lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits oftheir desired photographic subjects that cannot be displayed through ground level videography/photography

. Environmental aerial mapping, damage assessment, infrastructure monitoring and inspections can decrease the tax burden to the public (as existing methods currently require costly manned aircraft operations), increase work site efficiency, improve volumetric estimations and reduce safety risks associated with accessing difficult to reach locations. Crop surveying applications will lead to decreased use ofpesticides and fertilizer and conservation ofwater as well as increased crop yields and decreased costs. Aerial photography is avaluable tool that can lead to increased commerce and economic growth. The petitioner will provide clients with photographic data for these purposes on a 'for hire' basis acting as an independent contractor
. A visual observer will be utilized. Liability insurance will be obtained commensurate with the granting ofthis request for exemption

. Flight data including sUA flight time, Control Unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use ofUAS as part ofthis application. This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as required. Summary The petitioner isrequesting this exemption for the purposes of "aerial data collection including: environmental mapping, crop surveying, aerial photography, cinematography and videography". The reason for such a general and broad based request is that the petitioner wishes to utilize a strategy ofhorizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. The petitioner's business model is based on the idea of offering ad hoc small sUAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby. Although videography and photography are included in the request, the primary objective will be aerial environmental mapping and forprecision agriculture. The grant ofthe requested exemption is inthe public interest based on the clear direction in Section 333, the Federal Aviation Act, asthe high and equivalent level of safety ofthe proposed operations, and the significant public benefit, including enhanced safety and cost savings to be realized by the public as a result ofthe use of sUAS for aerial data collection

. Accordingly, I respectfully request that the FAA grant the requested exemption without delay.

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