Safe Retrieve, LLC

Attn: Noah J. Truax

4355 Peavey Road , Suite 300

Chaska, MN 55318

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.105; 14 CF R 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (1) and (2); 14 CFR 91.417 (a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernizatio n and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Noah J. Truax of Safe Retrieve, LLC, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial

op eration of its UAS, 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.

Commercial operation of an UAS, as described herein, equipped with camera(s) and s ensors, would operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

Aerial video and/or photography for public and/or private use including television, public
events, and cinematography.

Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.The ability to offer training to perso ns individually or belonging to both private and/or public

organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the

p rotection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancem ents to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportations (the FAA Administr ator’s) responsibilities to “...establish requir ements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Safe Retrieve, LLC

Attn: Noah Truax, Customer Relations Manager/Chief Pilot

Ph: 612

- 4 24

- 4792

Email: ntruax@saferetrieve.com

Address: 4355 Peavey Road , Suite 300 , Chaska, MN 55318

Regulations from which exemption is requested:

14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.7(a)

14 C FR 91.9(b ) ( 2)

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.12114 CFR 91.151 (a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (1) and (2)

14 CFR 91.417 (a) and (b)

Safe Retrieve, LL C will operate the DJI Inspire 1, Model T600, with a total weight of 2935g or 6.47 lbs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.57inch x 11.85inch. Under still air, the maximum speed is no more than 22m/s or 49mph with a cruising speed o f 11m/s or 25 mph. The DJI Inspire 1 has the ability to hover and move along a vertical and horizontal plane simultaneously. The DJI inspire 1 has four motors, Motor Model DJI 3510, powered by a 6

- cell 4500mAh or 5700mAh Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 will be controlled with the C1 remote controller with an operating frequency of 2.400GHz

– 2.483GHz. The live video feed will have an operating frequency of 5.728GHz

– 5.850GHz. According to the DJI Inspire 1 operating manual, the UAS complies with part 15 of the FCC rules. The applicant will operate the UAS in line of sight within a predetermined area owned and/operated by the property representative. For informational reference concernin g the UAS involved with this petition, the UAS operating manual may
be accessed here . The UAS maintenance manual may be accessed here . The UAS manufacturer safety and battery safety guidelines can be accessed here and here , respectively.

Given the small size of the UAS and the controlled environment provided, the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surro unding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise

, the grand of the requested exemption is in the public interest. Accordingly, the applicant requests that
th e FAA grant the requested exemption with a minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or prope rty using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations (FOM) include:

The UAS will weigh less th an 55 lbs.

The UAS will have a maximum operating speed of no more than 50mph

Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).Maximum flight time for each operational flight will be 30 minutes. Flig hts will be terminated at 25% battery power reserve or 30 minutes of flight time, whichever occurs first.

Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and almost all planned production cinematography/photography is planned to be generally stationary hover or slow moving hover at or below 100 feet or AGL. Any higher heights would mostly be involved only to keep VLOS in the event of any necessity to re

- position the
UAS from one location on a property to another whe re any tall trees or other obstacles are
present.

The general environment of the locations in which flight of the UAS will take place are mid to large

- acre private properties and mostly open fields. The general intended usage of the UAS is merely to elevate a digital sensor (camera) to a height of usually no more than 50
feet to 75 feet AGL in order to achieve a certain perspective and aspect angle of the property and subjects being filme d. The hazards associated with the locations of intended shooting would be any large trees which could obstruct VLOS, any power or telephone lines in the immediate vicinity, and the houses on the properties to be filmed. These risks and
hazards will be mit igated by thorough final site survey prior to shooting to ensure that all persons involved with UAS flight and film production in general are aware of the hazards in the area and can maintain a sense of vigilance to say something if they see anything that seems to present a hazard when the UAS is in flight. Also, the PIC and a VO, when used, will mitigate these risks by maintaining at least a 30’ lateral and 20’ vertical separation between any hazard (above

- mentioned or otherwise, except where more separati on is required by regulation) and a height and position sufficient to maintain VLOS, whichever is greater, not
to exceed 400 feet AGL.

The Crew for each operation will generally consist of the UAS pilot

, but may also include a Visual Observer (VO) as neces sary for safety, and may also include ( but is not limited to ) a Camera Operator.

The primary UAS pilot (the applicant) will be a designated Pilot in Command (PIC) and hold a Commercial Pilot’s License, along with a Second or hi gher Class Medical Certificat e. I f the PIC feels another operator to be qualified with the necessary skills to be PIC & possesses a Commercial Pilot’s License along with a Second or higher Class Medical Certificate, that person may be designated PIC provided they have a minimum of 20 hours of flight time
with the UAS.

A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the day’s production activities. Any VO will be briefed prior to serving
duties as VO as to what risks and haz ards are associated with the maneuvers and procedures required of the day’s production schedule.

All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower or uncontrolled airport, the respective airports will be cont acted with advice on the operation’s estimated flight time, flight duration, elevation of flight, and other pertinent information.

The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption and as appropriate /required given current regulations and guidelines , with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours, but no less than 48 hours from planned operation.

The operator will obtain verbal/written consent of all persons i nvolved with the planned operation and ensure that only consenting persons thereof will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety discrimination, as required under FOM. With the advanced permission of the FSDO, operations at closer range may be approved.

The PIC and any VO will be able to communicate by voice, radio, and/or text at all times.

Required w ritten and/or verbal permission and permits will be obtained from territorial, state, country, or city jurisdictions, including law enforcement, fire, or other governmental agencies as appropriate

. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined location within a designated location and land autonomously.

The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 CFR Part 21 , Subpart H : Airworthiness Certificates 14 CFR § 9 1.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203 (a) (1). Given the size and limited operating area
associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and section 333 of the Reform Act. The
Federal Aviation Act (49 USC § 44701 (f)) and Section 333 of the R eform Act bo th authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular
UAS. In all cases , an analysis of these criteria demonstrates that the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials n or flammable liquid fuels, and operates exclusively within a s upervised designated area. Unlike other civil aircraf t, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements of compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and propertyowners than conventional operations conducted with airworthiness certificates issued under 14 CFR

Part 21, Subpart H. Lastly, application of these safe criteria demonstrates that there is no credible threat to national security posed by the UAS, d ue to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include on ly Roman capital letter “N” and the registration number is displayed 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 UAS will have no airworthiness certificate , an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the wor d “ Experimental ” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “ Experimental ” will be placed on the fuselage in compliance with § 45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by § 45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the

U AS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in
command of an aircraft that is carr ying passengers or property for compensation or hire. Safe Retrieve LLC may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s
UAS do es not carry any pilots, passengers, or property. The risks attendant to the operation of UAS is far
less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS
will have at least a Priv ate Pilot’s License (currently, the applicant holds a commercial pilot’s license) along with a curren t Third Class ( or higher as appropriate) Medical Certificate, exceeding the current safety levels in relation to 1 4 CFR 61.113 (a) & (b). T he operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulator y standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.Section 91.9 (b) (2) provides: No person may operate a n 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 ap proved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because the re is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying
the UAS will have imm ediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption
will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data be fore initiation of flight.

14 C.F.R. §91.10 5 : Flight Crewmembers at Stations

. This regulation generally states that required crewmembers must wear their shoulder harness during
take

- offs and landings, but this regulation also stimulates the exception thereto, wherein an aircraft
crew station that does not have shoulder harnesses ins talled alleviates this responsibility, or, wherein crewmember duties cannot be performed while a shoulder harness is installed, the responsibility is alleviated. Perhaps no exception is needed in the case of the applicant because there is no crewmember

sta tion involved with the UAS associated herewith. The UAS is controlled remotely using a hand

- held remote control. However, if exception is deemed necessary, it should be noted that an equivalent or better level of safety to which this regulation strives is achieved by crewmembers being physically on the ground at all times.

14 C.F.R. §91.109: Flight Instruction.

Section 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. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. 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 for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pil ot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be o perated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL. As set forth herein, the UAS will never operate at higher than 400 AGL No flight will be taken
without the required/appropriate permission of the property owner or local officials. Because of the
advance notice to the property owner and participants in the filming activity, all affected individuals willbe aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation
between these UAS operations and the operations of conventional aircraft that must comply with
Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter tha t is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits 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 first point of intended landing, and, assum ing normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners o r official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, lim iting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— whichever happens firs t. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pert inent 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 airworthines s certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs.
and i s operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved bykeeping these documents at the ground control poin t where the pilot flying the UAS will have

immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator o r 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

o thers shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply 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 and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If
mecha nical 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 any maintenance pe rformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because
maintenance a nd inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Informa tion

The applicant, Noah J. Truax

, has six years of military helicopter flight experience as a rated crew

member and over 850 hours of combined flight time as a military aviator in the Bell 206 Jet Ranger (TH

67) helicopter and the Boeing AH

- 64D Apache Longbow helicopter , with over 150 hours of PIC time in
the AH

- 64D

. He currently holds a Commercial Pilot Certificate with Rotorcraft

- Helicopter and Instrument Helicopter ratings. Also

, the primary pilot, Noah J. Truax

, has a sterling aviation safety recor d and is well aware of factors that increase and decrease risks and hazards involved with flight in controlled and uncontrolled airspace . Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification fo r the grant of the requested exemptions allowing the commercial operation of the applicant’s UAS.

Sincerely,

Noah J. Truax