July 31
, 2015

Exemption No. 12254 Regulatory Docket No. FAA

– 20 15

– 2060

Mr. Brad Gibson Aerial Concepts LLC 6924 South 67th East Avenue Tulsa, OK 74133

Dear Mr. Gibson :
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 posted to the public docket on June 3, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Aerial Concepts LLC ( hereinafter petitioner or operat or ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct photography and photographic mapping

. 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 for 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 is a SteadiDrone Q U4D

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. 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 the2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested 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 peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, 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 i nterest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all 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 the Administrator, Aerial Concepts 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 the extent necessary to allow the petiti oner 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, Aerial Concepts 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 SteadiDrone Q U4D 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 exceeding 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 airspeed 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 all 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 maint ains VLOS capability. The 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 fo r the duration of the flight. 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 thi s 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 limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise 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 up dated and revised documents 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 grant 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 op eration or flight characteristics, 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 mu st remain at least 500 feet 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 i s 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 comp onents, items, or equipment. 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 must 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 grant 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.

14. The operator may not 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 be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 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 op erations may only be conducted 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 appropri ate distance from nonparticipants 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 visu al 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 current 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 the 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 proh ibited from beginning 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 manufacturer 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 operations that cannot be conducted under the terms of the attached COA

.
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 identification6

(N− Number) markings in accordance 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 and 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 nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures 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 r emain 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 for 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 aut horized representative. Permission from property owner/controller or authorized 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 opera tional 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

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a mot ion 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 filming. 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 grant 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 certific ate number of UAS PICs involved in the aerial filming; f. A statement that the operator 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 t o 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 essenti al 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 specifie d 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**Aerial Concepts LLC**  **Section 333 Exemption Petition**

Re: Exemption Request Pursuant To Section 333 of th e FAA Reform Act of 2012

Dear Sir or Madam,

Pursuant to §333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Aerial Concepts LLC , operator of Small Unmanned Aircraft Sy stems (sUASs) equipped to conduct aerial photograph y for the media and advertising industries for pre

- planned, controlled area, photographic and survey ing services, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the Federal Aviation Administration (FAA) a s required b y §333

. Aerial Concepts’ current operation of sUASs for commercial purposes has been halted to comply with recently enacted federal aviation regulations pertaining to sUASs.

As described more full y below, the requested exemption would permit the operation of small, unmanned and relativel y inexpensive multi

- rotor aircraft under controlled conditions in airspace that is 1) contained 2) predetermined 3) has on

- site safet y personnel controlling access, and 4) would provide increased safet y and enh ancements to clients' business operations.

The name and address of the applicant is:

Aerial Concepts LLC ATTN : Brad Gibson Ph: (918) 691

- 3420 Email: bradgibson@aerialconceptsok.com Address: 6924 S 67 th East Avenue Tulsa
, OK 74133 Web: www.aerialconceptsok.com

Aerial Concepts LLC respectfully requests a grant of an exemption of the following sections of Title 14 of the Code of Federal Regulations: 14 CFR 21; 14 CFR 91, et seq., 14 CFR 45.23

Aerial Concepts also respectfully requests an Exemption from Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from:

14 CFR 45.23(b); 14 CFR Part 21;14 CFR 61.1 13 (a) & (b); 91.7 (a); 91.9(b)(2);91.103(b);91.109;91.119;91.121;91.151(a); 91.203(a) & (b); • 91.405 (a) 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).**I. The Extent of Relief**  **Aerial Concepts LLC Seeks and**  **the Reason It Seeks Such Relief**

Aerial Concepts submits this application in accordance with the Reform Act, 112 P.L . 95 §§331

- 334, seeking relief from any currently applicable federal aviation regulations PARs pertaining to UASs (unmanned aircraft sy stems) and operating to prevent Aerial Concepts contem plated commercial photograph y, Photographic mapping, and other flight operations within the U.S. national airspace s ys tem.

The Reform Act in §332 provides for such integration of civil UASs into our national airspace
sy stem as it is in the public's intere st to do so

. Aerial Concepts lightweight UASs meet the definition of "small unmanned aircraft" as set forth in §331 and combined with a sterling safet y record in similar industries, the light dut y UASs used by Aerial Concepts are ideal recipients of exempt ion by

the intent of the Reform Act.

Considerations for relief include a combination of sUAS phy sical characteristics, safet y features, and safe practices identified in §333: • sUAS weight, • sUAS overall size, • sUAS speed over ground, • sUAS flight zone characteristics,

- Non

- operation near airports (civilian or military),

- Tightl y controlled operation in populated areas,

Specific consideration is outlined below.

• Operation of the UAS by VLOS. • Coordination by

a minimum of two ( 2 ) persons, two (2) staff members of Aerial Concepts and

one (1) safet y official from the client.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural re quirements for the issuance of airworthiness certificates as required b y FAR §91.203 (a) (1). Given the size and limited operating area associated to sUASs, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under P art 11 and §333 of the Reform Act. 1l1e Federal Aviation Act (49 U.S.C.§4470 1 (f)) and §333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, o perational capability , and proximity to airports and populated areas of the particular sUAS. In all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the

co nditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate without the restrictions and conditions

proposed.

The sUAS to be operated by Aerial Concepts is less than 11kg. with maximal pay load consisting of remote sensing instrumentation, carries neither no persons, carries no explosive or flammable materials including combustible fuels, and operates exclusively within a secured area. Unlike other civil ai rcraft, operations under this exemption will be tightly controlled and monitored by both the pilot (PI C), 'spotter' role designated to act as both the remote sensing controller and secondary monitor for safety

issues, and a technician, which assists in mat ters related to maintaining the sUAS and also monitors for safet y concerns and liaisons to the on

- site safet y officials. These enhancements to current safet y practices and regulations, which alread y appl y to civil aircraft, provide a greater degree of safe ty to the public and property owners than conventional aircraft operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.

Lastl y, application of these same criteria demonstrates that there is no intrinsic credible th reat to national securit y posed by the UAS, due to its size, speed of operation, location of operation, lack of intrinsic explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of t he Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is display ed on limited, restricted or light

- sport category

aircraft or experimental or provisionally certificated aircraft, the operator must also display

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited;' "restricted;' "light

sport;' "experimental;' or "provisional;' as applicable

. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, two

- inch letteri ng will be impossible. The word "Experimental" will be placed on the frame in compliance with §45.29 (f) at a size suitable for the available space.

The equivalent level of safet y will be provided b y having the sUAS marked on its fuselage as required b y § 45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

Further marking s include the use of flashing green L ED illumination on the underside of the sUAS frame
, which stands at contrast against a blue or white sky

.14 C.P.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot i n Command.

§61.113 (a) & (b) limit private pilots to non

- commercial operations.

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring a ground crew member to have a private pilot's lice nse rather than a commercial pilot's license to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of operation is controlled and restricted, and all f lights are planned and coordinated in advance. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations as requested wi th a private pilot in the ground crew exceeds the present level of safet y achieved b y 14 C.P.R. §61.1 13 (a) & (b).

14 C.P.R. §91.7(a) : Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airwo rthy condition. As there will be no airworthiness certificate issued for the aircraft, shoul d this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in t he Manual for maintenance and use of safet y check lists prior to each flight, a subset of which are provided in enclosed Supplemental material, an equivalent level of safet y will be provided.

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Ai rcraft. §91.9 (b) (2) provides: No
person may

operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof.

The sUAS, given its size and configuration has no ability to carry a ph ys ical flight manual on the aircraft. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot fly ing the sUAS will have immediate access to it. The FAA has issued the following exemptions to t his regulation: Exemption Nos. 8607,8737,8738,9299, 9299A, 9565,95658, 10 167, 10167A, 10602,32827, and 10700.

14 C .F.R. §91.103: Preflight action

. This regulation requires each PIC to take certain actions before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircra ft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Further, we have proprietary manuals created wi th the help of sUAS experts, the manufacturer, the regional sUAS vendor and policy holding insurer and continue to work with these organizations to ensure best safe practices are adhered
to.14 C.P.R. §91.109: Flight instruction

. §91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls sUASs and remotely piloted aircraft, by

their design
, do not have full y functional dual co ntrols. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and fo r flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safet y provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft.

Enhancing this safet y is the technology inherent in the remote controls utilizing digital communications
, which is paired to the sUAS making it nearl y impossible to unintentionally or intentionally

have the control communications interrupted.

14 C.F.R. §91.119: Minimum safe altitudes

. §91.119 establishes safe altitudes for operation of civil aircraft. §91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitude s prescribed for helicopters b y the FAA. As this exemption is for a sUAS that closel y mimics the behavior of a helicopter, and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may

be needed to allow such operations. As s et forth herein, the UAS will never operate at higher than 400 AGL or bey ond unaided visual line of sight, whichever is closer. It will however be operated in a restricted area with securit y officials tasked with ensuring public safet y, and where buildings and people will not be exposed to operations without their pre

obtained consent and training.

The equivalent level of safet y will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight operation will be taken without the permission of the propert y owner in the case of private propert y or local officials i the case of public property or private propert y with public interests. Because of the advance notice to the propert y owner and participants in the re mote sensing activity , all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 11kg of Aerial Concepts sUASs proposed herein and the lack of flam mable fuel, an y risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with §91.119.

14 C.F.R. §91. 121 Altimeter Settings

. §91.121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to th e elevation of the departure airport or an appropriate altimeter setting available before departure."As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may

be needed. An equivalent level of safet y will be achieved by the operator, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The PI C and Technician will also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height.

14 C.F.R . §9 1.15l (a): Fuel Requirements for Flight in VFR Conditions

. §91.151 (a) prohibit s an individual from beginning ‘ a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the fi rst point of intended landing, and, assuming normal cruising speed

- (1) During the day , to fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.’

The battery

powering the sUAS provides approximately 15 minutes of po wered flight in hover mode with out pay load

. Aerial Concepts sUAS will not be able to meet the 30

- minute reserve requirement in 14 CPR §91.151. Operating the small UAS, in a tightly controlled area where only people and propert y owners or official rep resentatives who have signed waivers will be allowed, with less than 30 minutes of reserve power, does not engender the ty pe of risks that Section 9l.l51(a) was intended to alleviate given the size and speed of the small UAS. Aerial Concepts believes that an equivalent level of safety can be achieved b y limiting flights to » 10 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS toils planned landing zone from an y where in it s limited operating

area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and10808.

14 C.P.R. §91.203 (a) & (b): Carry ing Civil Aircraft Certification and Registration. The regulation provides in pertinen t part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate... (b) No person may

operate a civil aircraft unless the airworthiness ce rtificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS full y loaded weighs no more than llk g and is op erated without an onboard pilot. As such, there is no ability

or place to carry

certification and registration documents or to display them on the sUAS. An equivalent level of safet y will be achieved b y keeping these documents at the ground control point w here the pilot fl yi ng the sUAS will have immediate access to them, to the extent they

are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9 78 9, 9789A, 9797, 9797A, 9816A and 10700.14 C.P.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

. These

regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...;' and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual. An equivalent level of safet y w ill be achieved because these small UASs are very

limited in size and will carry a small pay load and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y maintenance performed. Moreover, the operator is the person most familiar with the aircraft and bes t suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safet y.
An exemption granted to Aerial Concepts would permit its operation of lightweight, unmanned, remotely controlled, sUASs in a tightly controlled environment with limited airspace. Aerial Concepts utilizes local business' safet y officers in specificall y determined areas (designed flight zone) to mitigate injury

and propert y damage while fulfilling clients' goals. Technical enhancements to current sa fet y controls will allow Aerial Concepts to operate exceeding current safet y specifications, and stay ahead of, or meet, new ones being implemented by the FAA and Department of Transportation. Further, Aerial Concepts conducts its operations in compliance with protocols described herein or as otherwise established by the FAA.

**II. Commercial and Public Benefits**

We at Aerial Concepts believe that granting this exemption request furthers the public interest by providing safe (b y wa y of an unmanned s ys tem) and efficient means to meet technical problems solvable by

elevated data collection instruments. Aerial Concepts client base are t ypi cally small to medium sized business' looking to increase their awareness of structures or landscape on their respective properties through data collection other Public I nterest

A erial videograph y for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost

- prohibitive. Granting this exemption to the petitioner would allow him to provide this service at a much lower cos t. Further more , the petitioner indicates his small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The petitioner also states that the operation of his UAS will minimize ecolo gical damage and promote economic growth by providing information to companieslooking to relocate or build in the Tulsa , OK metro area by photo graphic, video graphic or lidar

based survey ing.

By moving these functions onto sUAS based aircraft, the poten tial for loss of life or propert y is diminished due to the greater control in a smaller and safer aircraft that holds no persons. Second, there are no reactive or combustible materials on board the sUAS and thus the potential for fire or explosions is grea tly diminished. Third, the small size and extreme maneuverability of Aerial Concepts UASs allow the PI C to avoid hazards.

Lastl y, due to the nature of the remote sensing instrumentation onboard, the sUAS can maintain quite a safe distance between the air craft and the object(s) undergoing scrutiny . Accordingly
, Aerial Concepts UASs have operated and will continue to operate at and above current safety levels.

A. The costs and benefits of y our proposed action to society in general and specific groups within society

.
As described above, Aerial Concepts past customers have been small to medium business seeking a remote sensing solution to specific issues. Examples include aerial inspection of residential and commercial buildings to survey current conditions, s urvey ing of large land lots, visual and photographic evidence of land locked properties, collection of video and images for tree removal services in remote, private areas, and searching for missing cattle in dense foliage

areas.
The impact to societ y, fin ancial and otherwise, would be extremely minimal. I ndeed, it's been demonstrated that sUASs have the abilit y to drastically increase the information available to policy makers at a fraction of the cost of measuring this data b y terrestrial means. One such i mpact would be inconvenience to directly proximal and non

- essential personnel that would be displaced from public or business owned property if it is deemed to be unsafe. In this case we relay our needs for a f1ight zone with the requirement that it be saf e from casual intrusions and allow the business time to shift operations in order to minimize potential safety issues. This is best performed with the aid of safet y personnel that actively steer non

- essential persons around the flight zone.

B. The effect of an exemption for Aerial Concepts on the quality of the natural and social environments

. Utilizing sUASs minimizes the requirement for conventional aircraft. This eliminates the need for an onboard pilot, time

- consuming adherence to regulations surrounding bookkeeping and submission of flight paths to local civilian or military airports, and detrimental effects to theenvironment caused b y operating a combustible fuel based, large scale aircraft, with restrictions

on the proximity

to the target for remote s ensing.

Ill. Flight Capabilities and Characteristics of Aerial Concepts UASs pursuant to 112 P.L . 95 §333 (a), concerns for public safet y are mitigated by the overall capabilities and characteristics of the sUAS.

Aerial Concepts utilizes four (4) counter

- rotating propellers paired oppositely to each other for balance, control and stability . The total s pan of the sUAS is less than 1.2 meters allowing for stable flight or landing even with the sudden onset of detrimental environmental conditions. The sUAS's have a maximal unit+ pay load mass of 11kg, including cinematic/photographic or other
survey ing equipment.

Aerial Concepts sUAS is designed to primarily hover in place to capture photographic data and then operate at less than a 35 knot maximum sp eed to the next point of interest. They are capable of vertical and horizontal operations but, in practice, is operated onl y within unaided VLOS of the PI C. In addition to the PI C, Aerial Concepts employ s a spotter (VOS role) and a technician (secondary

VO S and on

- site personnel liaison)
, which are within unaided verbal communication range. These personnel are supplemented b y safety officials provided b y the client.

More characteristics have been outlined in the enclosed supplemental materials.

We also otherwise minimize pedestrian access in the flight zone of the client's grounds. In the event of visual loss with the UAS, the PI C can change flight controls from Cartesian (X,Y,Z ) based controls to radial (r,a ,h) based controls which allows the PI C to utilize one controller axis to recall the VAS to the PI C' s position without concern to the current heading of the sUAS. In the event of loss of sight of the sUAS into an area containing hazards or possible hazards, the spotter has a heads

- up
- display contai ning a live video feed which can be used to locate the UAS while it maintains it's position in hover mode. The sUAS has demonstrated it's ability to maintain it's position by

GPS coordinates in hover mode in "

- '2Skph wind gusts at rv25 feet representing

an extreme environmental condition bey ond the range of conditions within the scope for sUAS operation.

All of Aerial Concepts sUASs utilize L iPo (lithium poly mer) battery

based power sources, decreasing safety

risks from more easil y combustible, fuel based, power sources. Flight times generall y last between eight (8) to ten (1 0) minutes allowing the staff to work with small flight areas per phase. The maximum flight time without payload is 15 minutes, however practical safe operation limits this to 10 to giv e ample time to control the sUAS to a safe landing zone

. Aerial Concepts further restricts flight time by not operating its sUASs with less than twent y five percent battery

capacit y. Further safet y management sy stems in place include a GPS mode that allows Aerial Concepts sUASs to hover in place if communication with the PI C is lost andoptionally follow a set of way

points at a set speed and height to a 'home base' pre

- designated safe landing zone. In the event of UN

- foreseen motor(s) failure, the s ys tem wi ll enter into a controlled descent while allowing full use of all UAS flight controls by the PI C. All commands sent via remote controller received during a controlled descent are translated to an 'as meant' paradigm meaning the flight control package will use it's real time 3 dimensional position and compensate rotors control the sUAS regardless of spin velocity . This assures that if one sy stem is compensated a safe and successful landing can still occur.

**III**

**. Emergency**  **Pr oce**  **du r**  **es**
In the event of emergencies related to the operation of the UAS, Aerial Concepts LL C has enacted various equipment and t actics to minimize issues during flight. They include:

• Lo ss of Remote Signal

- The flight package features an optional enhanced fail

- safe s ys tem , which returns the UAS to the home base way point via the same path taken to the point of lost signal.

- The UAS will then perform a hover over this waypoint and then a controlled landing.

• Lo ss of GPS S ignal

- The sy stem will operate in assis ted mode with three (3) GPS satell i tes

.

- The flight package features an optional enhanced fail

- safe s ys tem, which returns the UAS to the home base way point via the same path taken to the point of lost signal.

- In the event of signal loss with the three (3) G PS satellites, manual mode can be activated or the flight package can be programmed to perform a controlled landing to the home base way

point.

- Ground based height ranging is prefo r med b y a separate s ys tem and so l oss of the GPS single will not impact a controlled and safe landing.

• Lo ss of Engine Power

- In the event of one (1) (or to two oppositely positioned) rotor or motor failure the
sy stem will enter into a controlled spin where all controls a r e trans l ated based on the
current orientation and will behave as normal operation to the PI C to ensure a safe landing.

- I n the event of m ultiple rotor or motor failure, the flight package can be configured to perform a safe landing or attempt operation to a home base way point.

- Note : Behavior of the landing location is highl y dependent on the position and number of rotors/motors that are affected.

• Lo ss of Ground Control Software

- This w ill not affect operation of the flight. The unit will be piloted to a safe l anding area and then l anded so that examination of the link can be made.**IV. Reasons Why an Exemption to**  **Aerial Concepts Will Not Adversely Affect Safety** 

**Standards**

Aerial Concepts contends that operation of it's sUASs will not "create a hazard to users of the nation al airspace s ys tem or the public:' as stated in 112 P.L . 95 §333 (b). Given the diminutive size and weight of Aerial Concepts sUASs, combined with their operation in cordoned off and well

- controlled areas, Aerial Concepts sUASs falls within Congress's contemplated safet y zone. Aerial Concepts sUASs have an established safety record bolstered b y multi

- point preflight checklist, awareness of their surroundings and intimate knowledge of the behavior of the sUAS platform in many

weather conditions. TI 1is sa fet y record and implemented operational practices demonstrate an awareness of public safet y. Aerial Concepts operations routinely provide a level of safety

at least equal to existing rules, and in nearl y ever y instance, exceeds existing rules. Aerial Conc epts has worked very closel y with the regional vendors and support for this unit to create a tightl y integrated and highl y tolerant platform that has been tested thoroughl y by a vendor with a proven record for safety and solid designs.

Aerial Concepts als o continues to work closely with organization s to identify and mitigate sUAS platform risk due to their expertise in several industries closely related to the aviation and transportation . Aerial Concepts does not operate its UASs on or near airports and ge nerally has only operated its fleet on private grounds with cordoned off areas or areas under the control of the propert y owner I client with assistance by safety officials employ ed by

the business. Aerial Concepts determines the areas needed to fulfill th e clients' goals and only operates its UASs in these flight zones and only in compliance with well regarded safety protocols set forth initially by the RC UAS trade and hobby groups and recently

codified b y relevant FARs.

Aerial Concepts has standardized the following practices to ensure safe operation of it s UASs:

 Work w i th on

- site personnel to plan flight goals

 Work w ith on

- site personnel to restrict access to non

- essential persons

 Operation by unaided VLOS operation only

 Operation in phases 10 minutes in length,

 Operation to minimal 25% ba ttery pow er,

 Operation of device to GPS aid ed readout to 300ft at maximum,

 Numerous pre

- programmed fail

- safes that ensu re specific behavior per issue

 Three main roles supplement ed by on
- site safety personnel,

 Em ploy controlled lifecycle management of components to guard against multiple failures

 Preform a site check day(s) before fligh t to identify potential issues

 Subscribe to relevant local w eather and safety alerts

 Expertly choose data collection instruments and accessories to minimize flight re quirements or expertise

 Aerial Concepts has experience in similar fields and has adapted this experience in it's use of UASs to increase safety.In combination to the ever

- expanding knowledge repositories from hobby ists and experts alike,

Aerial Concepts is constantly evolving it s practices when there is a clear benefit to operations or increased safety

element.

**V. Summary** 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Aerial Concepts {applicant) seeks an exemption from the following rules: 14 C.P.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.P.R. §§61.113( a) & (b); 91.7 (a); 91.9 (b) (2); 91.103{b); 91 .109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) {2) and 91.417 (a) & (b) to operate commerciall y a small unmanned vehicle (11kg or less) in elevated photographic and remote sensing operations.

Appro val of exemptions allowing commercial operations of sUASs in the media industry will enhance safety

by reducing risk associated with conventional aircraft operations and other means of elevated remote sensing involving persons. The public benefit served b y approval of this petition is increased awareness of characteristics of difficult imaging targets. A sUAS weighing fewer than 1lkg and powered b y sealed batteries eliminates virtually all associated risk inherent in operating conventional aircraft in close proximity to buildings or persons or otherwise elevating persons to a position they would be able to collect needed data.

The operation of small UASs, weighting less than 55lbs., conducted in the strict conditions outlined above, will provide an equivale nt level of safet y supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations.

As identified a nd described herein, Brad Gibson , and his company Aerial Conc epts LLC, is an experienced, recognized media services professional in the various ph otographic and videograph y industries. Mr. Gibson and his company have been producing and delivering media and technical solutions for th e media service industry for two ( 2 ) ye ars with a spotless safet y record. The FAA has been given the authority to issue the exemption to Aerial Concepts pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), and as such, we humbl y seek your consideration and approval of this petition.

Note: All irregu l ar behavior has root cause anal ys is performed before UAS operation is resumed.**VI. Supplements** 

The following links are supplements related to the operation of the UASs in operation under the control of Aerial Concepts LLC and are specifically related to the SteadiDrone Quad4:

http://www.steadid rone.com/support/QU4DQuickstartGuide.pdf

http://download.dji

- innovations.com/downloads/nazam

- v2/en/NAZA

M_Quick_Start_Guide_v1.26_en.pdf

http://www.steadidrone.com/support/check.jpg

http://www.steadidrone.com/support/PeriodicMaintenanceChecklist.pdf

http://www.steadidrone.com/support/QU4DAirframeAssembly Guide.pdf

Respectfully

submitted,

Brad Gibson Aerial Concepts LLC
6924 South 67 th East Ave Tulsa, OK 74133

- 1725
918

- 691

- 3420