Michael Broker

NE3RDLLC

P.O. Box 6135

Navarre, FL 32566

Cell (832) 819-3009

Email: nerd@ne3rd.com

May 21,2015

u.s. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the 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 V 1.1 20140407

8) Flight Checklists

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481

In the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in

the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355

In the matter of the petition of FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA's Guidelines/or Submitting a Petition/or Exemption under section

333 of the FAA Modernization and Reform Act 0/2012, NE3RD LLC, referred to hereafter as the

petitioner, request exemption from the following sections of

Title 14, Code of Federal 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

by the 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

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at low altitude within the U.S. national airspace system as compared to a manned aircraft.

Operations will be performed only at the request of and with the authorization and permission of

clients or their authorized agents in order to facilitate commerce and raise awareness of the

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 of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size,

weight and enclosed operational area of my UAS permits exemption from Part 21 because my

UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the 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 of the Reform Act. Both pieces of

legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in

consideration of the weight, size, speed, maneuverability and proximity to areas such as airports

and dense populations. My current and projected UAS's meet or exceed each of the elements.

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots,

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 or passengers. The

risks attended to the operation of our sUAS is far less than the risk levels inherent in the

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing us to operate the sUAS

in a manner that meet and exceed current safety levels in relation to 14 C.P.R. §61.113 (a) & (b).

In addition, Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined

that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect

operations in the NAS or present a hazard to persons or property on the ground.

91.119( c) Establishes safe altitudes for operation of civil 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 at higher than 400 feet AGL. The sUAS will,

however, be operated to avoid congested or populated areas. Because aerial data collection must

be accomplished at relatively 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 of the land owner or those who control the land. Because of the advance

notice to the landowner, all affected individuals will be aware of the flights.

Compared to operations conducted with aircraft or rotorcraft 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.

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

conventional aircraft that must comply with Section 91.119.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the

UAS does not have an altimeter and instead utilizes electronic GPS with a barometric 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 CADVANCED 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 in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS

provides battery power remaining in percent to the PIC. The UA batteries provide approximately

10-25 minutes of powered flight for the IRIS+ and Phantom 2 Vision Plus and 100 minutes for

the E384. An equivalent level of safety can be achieved by maintaining the manufacturer

recommended minimum minutes of reserve 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 of the 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 of those proposed operations, The FAA found that a reduced 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 in restricted

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 of the sUAS

and all associated equipment to account for all discrepancies

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ThesUAS

3D Robotics IRIS+

The 3D Robotics IRIS+ is a highly successful consumer grade small rotorcraft in the quad copter

configuration with an advertised max gross takeoff weight of 62 ounces (1746g) designed

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less

than 30 knots (I5m/s). It is powered by four electric motors with a distance between motors of

less than 20 inches. It utilizes 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. It has failsafe modes of operation for either loss of battery, 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 12 minutes. The

onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated

when the battery reaches a predetermined low state. It is anticipated that flights will usually last

less than 10 minutes. 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 of Akron, 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 brush less motor. The E384 has a maximum flight time of 100 minutes 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 in place: 1) In the event ofthe

loss of remote 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 of the loss of ground control

connection (unlikely due to VLOS operations under 400ft) the E384 will perform "return to

home" command. 3) In the event of a 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 a highly successful consumer grade small rotorcraft in the

quadcopter configuration with an advertised weight of less than 44 ounces (1242g) designed

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less

than 30 knots (ISm/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is

powered by four electric motors with a distance between motors ofless than 14 inches (350mm)

It utilizes 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

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controlled 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. It has failsafe modes of operation 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 flight times to approximately 25 minutes. The

onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated

when the battery reaches a predetermined low state. It is anticipated that flights will usually last

less than 10 minutes. 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 of routine inspections before each

flight, maintaining flight and maintenance logs to record time on failure prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to operate within 5

miles of an airport provided that;

"The VA may not operate in Class B, C, or D airspace without written approval from the FAA.

The UA may not operate within 5 nautical miles of the geographic center of a non-towered

airport as denoted on a current FAA published aeronautical chart unless a letter of agreement

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 of agreement with the airport

management must be made available to the Administrator upon request."

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is

requesting a mechanism to facilitate such activities without requesting a new and separate

exemption(s) should the need arise. Operations within class B airspace are not requested due to

the lack of mode C transponder.

In addition to the minimum pilot certifications required by the FAA, our pilots will:

1) Have flown and logged a minimum of 150 flight cycles and 25 hours of total time as a

sUAS pilot for a given category of sUAS (rotorcraft or fixed-wing) and at least 10 hours

logged as a sUAS pilot with a similar VAS type (single blade or multi-rotor).

2) Have flown and logged a minimum of five hours as UAS pilot with the make and model

of the sUAS as well as three take-offs and landings in the preceding 90 days.

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Public interest

.•.

Use of the sUAS in lieu of a manned 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 of the 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 of their 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 of pesticides and fertilizer

and conservation of water as well as increased crop yields and decreased costs. Aerial

photography is a valuable 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 of this 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 of this application. This data may be submitted to FAA via traditional

means, e.g. COA Monthly Reports, or other means as required.

Summary

The petitioner is requesting 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 of horizontal 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 for precision agriculture.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333, the Federal Aviation Act, asthe high and equivalent level of safety of the 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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