3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us 

# FAA Exemption Rulemaking

Section 333

Of T he 

# FAA Reform Act and Part 11

Prepared by 

## Edward A. Silva

November 15 , 20153691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page One

Attention: United States Secretary of Transportation Mr. Anthony R Foxx 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Avia tion Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 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); 91.409 (a) (2); 91.417 (a) & (b)

Dear Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and

14 CFR Part 11, AerialWorks, Inc., a research developer and operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aer ial photography for motion picture, and television industry for scripted “ closed set ” filming, hereby applies for a n exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs (Fixed

wing & Multi

- Rotor), so long as such operations are conducted within an d under the conditions

outlined herein or as may be established by the FAA as required by Section 333

. 1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) L imited 2) P redetermined 3) Co ntrolled as to access 4) W ould provide safety enhancements to the already safe operations in the industrial, film, and television production community presently using conventional and unmanned aircraft. Approval of this exemption would thereby enhance sa fety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333 (c) of the

Reform Act.

________________________________________________________________ 1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter

8

- Issue a Certificate of Waiver for Motion Picture and Television Filming.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Two

The name and address of the applicant is:

AerialWorks Incorporated

Attn: Edward A. Silva

Phone: 321

- 806

- 5872

Email: Edward.Silva@aerialworks.us Address: 3691 Gatlin Drive, Rockledge, FL 32955

R egulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Three

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determi nation, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability:

• Operati on of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within Visual Line of S ight (VLOS) of the Pilot and Observers

.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in t he national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333 (c) (emphasis
added)

. 2

The Federal Aviation Act expressly grants the FAA the authority to issue ex emptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have

a curr ent airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any

sections 44702

- 44716 of this title if the Administrator finds the exemption in the public

interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

________________________________________________________________ 2 Applicant interprets this provision to place of the duty on the Administrator to not only process applications for exemptions under section 333, but for t he Administrator to craft conditions herein for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Four

AerialWorks Incorporated’ sUASs are rotorcraft and fixed

- wing aircraft, weighing 55 or fewer lbs. including sensor payload. They operate their rotorcraft, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and mo ve in the vertical and horizontal plane simultaneously. They operate their fixed

- wing aircra ft , under normal conditions at a speed of no more than 50 knots and primarily have the flight characteristics

of traditional airplanes. They will manually oper ate only in VLOS and will operate only within

the sterile area described in the Confidential: Motion Picture and Television Flight Operations Manual ( MPT

- F OM) attached as Exhibit 1 (hereinafter “the Manual” )

. 3 Adherence

to the Manual will insure that the s UAS will “not create a hazard to the national airspace
system or the public.” 4

Given the small size and weight of the sUAS involved and the restricted sterile environment

within which they will operate, the applicant falls squarely within that zone of sa fety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the

UASs and the restricted a reas in which the relevant sUAS will opera te, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended ; the strong equivalent level of safety, surrounding the propos ed operations, and significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant of the requested exemptions is in the pub lic interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

________________________________________________________________ 3 The Motion Picture & Television Flight Operation M anu al is presented as a n applicant Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary

methods and information that the applicant has not and will not share with others. The

manual reflects learned experiences, methods, oper ating conditions, and procedures that

ar e not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

4 Reform Act Section 333 (b)3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Five



### AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have

the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the

cu rrent regulatory structure because the proposed operations represent a sa fety enhancement to the already safe movie and television filming operations conducted with

conventional aircraft. These limitations and condition to which Aer ialWorks agrees to be

b ound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated manually within visual line of sight ( V LOS) of the Pilot and aircrew ( S potter / Observer, Camera / Sensor Operator)

.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute

limit.

4. Flights will be operated at an altit ude of no more than 400 feet AGL or, not more than

200 feet above an elev ated platform from which airborne data collection is planned.

5. Minimum two (2) man crew for each sUAS operation will co nsist of the Pilot and Spotter / Observer. In most cases the th ird aircrew member will serve as the Camera / Sensor Operator.

6. The sUAS Pilot will be an FAA licensed airman with at least a private pilot’s certificate

and third class medical. The Camera / Sensor Operator and Spotter (Observer) will

hold at least a third class medical.

7. The sUAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also b e designated as PIC.

8. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual.

Section D of the Manual requires the establishment of a “Security Perimeter” for the flight operations areas.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Six

9. A pre

- flight briefing will be conducted in regard to the planned sUAS operation prior to each day’s production activities. It will be mandatory that all personnel who w ill be performing duties within the boundaries of the safety perimeter be present for thi s briefing.

10. The Operator will file a FAA Form 7711

- 1, or its equivalent, as modified in l ight of the requested exemption, with the appropriate Flight Standards District Office (FSDO).

11. The Operator will obtain the consent of all persons involved in the f ilming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety

deter mination, as required by Appendix A.3 of the Manual. With the a dvanced permission of the relevant FSDO, operations at closer range can be approved.

12. The Operator will submit a written Plan of Activities to the FSDO three (3) days before the propose d shoot as required by Section E of the Manual.

13. Pilot, Camera Operat or, and Spotter (Observer) will have been trained in operation of sUAS generally and received up

- to

- date information on the particular sUAS to be operated as required by Section J and Section 2. B of the Manual.

14. Spotter (Observer) and Pilot will at all ti mes be able to communicate by voice, radio,

and /or text.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All required permission s and permits will be obtained from territorial, state, county or city jurisdictions, inc luding local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and

land.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Seven



### 14 CFR Part 21, Subpart H: Airw orthiness Certificates 14 CFR §91.203 (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 utilize d 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 U.S.C. §44701 (f)) and Section 333 of the Reform Act both authori ze the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed

- wing or rotorcraft) operating with an airworthiness certificate without the restrictions and

conditions proposed

.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civ il aircraft, operations under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the are a of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a g reater degree of safety to t h e public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible t hreat to national security posed by the UAS, due 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.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us January 15, 2015 Page Eight



### 14 CFR §45.23 (B): Marking of the Aircraft

The regulation requires:

When marks include only the 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,” “experimenta l,” 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 word “Experimental” can be placed. Given the size of the sUAV, two

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

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the Pilot, Spotter (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.



### 14 CFR § 6 1.113 (a) & (b): Private Pilot Privileges and Limitat ions

- Pilot in Command (PI C)

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

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and pa ssengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirement s included in the Manual exceeds that provided by single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 CFR §61.113 (a) & (b).3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Nine



### 14 CFR § 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 regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.



### 14 CFR § 91.9 (b) (2): Civil Aircraf t Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:

No person ma y 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 cu rrent approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only b ecause there 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 sUAS w ill have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,
9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700



### 14 CFR §91.103: Preflight A ction

This regulation requires e ach pilot in command to take certain actions before flight to in sure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in Sections J and K of the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Ten



### 14 CFR §91.109: Flight I nstruction

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 . SUASs and remotely pilo ted 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 wi thout fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that aircraft.



### 14 CFR §91.119: Minimum Safe A ltitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 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 altitud es pr escribed for helicopters by the FAA. As this exemption is for a sUAS that is a fixed

- wing or rotorcraft requests authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from which filming is planned, a n exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 ft. AGL. It will however be operated in restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as location where it is operated. No flight will be taken without the 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 will be aware of the planned flight operations as set forth in Section K of the Manual. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. 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 ft. AGL in the movie industry.
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

Section 91.119.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Eleven



### 14 CFR § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the 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 safety will be achieved by the operator, pu rsuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.



### 14 CFR §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, assuming normal cruising speed

– (1) During the day, to fly after th at 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 40 minutes of powered flight. To

meet the 30 minute reserve requirement in 14 CFR § 91.151, sUAS 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 nig ht VFR conditions is reasonable.

Applicant believ es that an exemption from 14 C FR § 91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owne rs or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserved 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. Additional ly, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Twelve

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30

minutes or 25% of battery power whichever happens first. This restriction would be more than adequate return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Ex emptions 2689F, 5745, 10673, and 10808.



### 14 CFR § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent 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 certificate required by paragraph (b) of this section or a special flig ht 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 is operated without an onboard Pilot. As such, there is no ability or place to carry certification and registra tion documents o r to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the Pilot flying the sU AS will have immediate access to them, to the extent they are applicable to t he sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565,
9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Thirteen



### 14 CFR § 91.405 (a); 407 (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,

ex cept as provided in paragraph © of this section, have discrepancies repaired as prescribed in P art 43 of this chapter...,” and others 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 as referen ced in the Manual. (See Sections L and Q) An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issue s arise the UAS can land immediately and will be operating from no higher than 400 ft. AGL. As provided in the Manual, 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 best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

*********

Pursuant to 14 CFR Part 11, the followin g summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 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) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in industrial, motion picture and television operat ions.



### Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Image capture of people will rarely take place, but in the event they are, they will have consented prior to being filmed or otherwise have agreed to be in the

area where data collection will take place.3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Fourteen

Airborne Image Capture (Day & Night)

With regard to airborne filming AerialWorks Incorporated ( “ AWI ” ) adheres to all FAA regulations. Further AWI airborne teams operate under the principals of: Safety First, Quality Assurance, Accountability

, Reporting, and Training . When approved by the FAA it is

AWI’ mandate to treat all sUAS operati ons the exact same as that of conventional aircraft.

Approval of exemptions allowing commerc ial operations of sUASs in the F ilm & V ideo production industry will e nhance safety by reducing risk. Conventional film & digital operations, using jet or piston powered aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large

amounts of Jet A or other f uel (111 gallons for jet helicopter shown below). Such aircraft must fly to and from film location. In contrast, a sUAS weighing fewer than 55lbs. (AIR6 camera platform shown below) and powered by batteries eliminates virtually all of the risk given the substantial reduced mass and lack of combustible fuel carried on board. The sUAS is typically transported to the location via auto or cargo van in a medium sized case

and is never flown to set . The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

AIR6 HEXCOPTER WEIGHT APPROXIMATE 10 LBS MAX GROSS WEIGHT 206 LONG RANGER: 4 ,550 LBS3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Fifteen

The operation of small UASs, weigh ing less than 55lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exemp ting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close pr oximity to the ground and production crew

.

MUL TIROTOR

– LOW LEVEL CLOSE RANGE CONVENTIONAL ASTAR CAMERASHIP NOSEMOUNT

The primary market of interest for AWI uti lizing sUASs is low level close range Visual Data Capture (filming

– motion & stills ) for Features, C ommercials, Broadcast TV

, Industrial Safety / Training, and Marketing projects requiring high resolution imagery

. To simulate sUAS aircraft flying at below 400 feet AWI has conducted manned aircraft data collections utilizing gyro

- stabilized systems (i.e., CineFlex, Wescam) with standard long telephot o le nses. The use of sUAS will a llow the above mentioned applica tions to fill in the data gaps where traditional aircraft are currently restricted or not practical . In addition AWI is conducting engineering research with local universities addressing a number of sUAS concerns (i.e., RF shielding, flight control range

, detect and avoid ).3691 Gatlin Drive, Rockledge, FL 32955

O: 321

- 806

- 5872, F: 321

- 978

- 0330

www.aerialworks.us November 15, 2015 Page Sixteen

It is anticipated that the airborne image capture process will be accomplished in both day and night environments. Currently, conventional aircraft are flown in highly populated and/or

urban areas, with turbine powered helicopters. The grant of this exemption request will provide improved safety in both day and night operations. To capture the highest quality of

resolution the majority of airborne data collections will take place during the 10:00am

– 4: 00pm window. There may be night operations c onducted where infrared sensors will be deployed. If such ope rations are require d the ground facilities and the subject tower

assemblies may require additional lighting so that visibility is as tho ugh it was conducted during daylight hours.



### Summary

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial opera tion of applicant’s sUAS in the motion picture and television production industry pursuant to the Manual appended hereto. AWI is eager ly standing by to support the FAA and sUAS community in its quest to establish

proper regulations and protocols for the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Edward A. Silva

Chief Execut ive Officer AerialWorks, Incorporated