## Pies from the Sky, 

## LLC
"Pies from the Sky, LLC" Daniel E. Guerra, Owner PO BOX 522 Crestwood, KY 40014 July 161h, 

### 2015 

## Petitionfor ExemptionFiledunderSection 333

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 CFR 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 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, "Pies from the Sky, LLC", operatorof Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allowcommercial operation of its UAS, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:
• Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.
• Aerial video and/or photographyfor public and/or private use includingtelevision, public events, cinematography and news gathering.
• Aerial inspection/photographyof residential/commercial structures undercontract with the owners or local government authority.
• Aerial inspection/photographyof residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.
• Aerial video/photography or providing livevideo feed to assist with search and rescue operations in cases ofan emergency or natural disaster onlywhen the local authorities orgovernment has requested it by contract ordonation.
• The abilityto offertrainingto persons individually or belongingto both private and/or public organizations that have interests in the use and application ofa UAS forthe purpose ofthe safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as forthe protection ofthe persons and property. As described fully below, the requested exemption would permitthe operation ofa UAS undercontrolled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) will provide safety enhancementstothe already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "
....establish requirements forthe safe operation of such aircraft systems in the national airspace system."


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## Pies from the Sky, LLC
The name and address ofthe applicant is: "Pies from the Sky, LLC" Daniel Guerra, Owner dan@picsfromthesky.com PO BOX 522 Crestwood, KY 40014
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

## Petitionfor ExemptionFiled underSection 333

The operational limitations proposed will provide for an equivalent or higher level ofsafety 9ecause operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions, to which the applicant agrees to adhereto when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM), include:

o The UAS will weigh less than 55 lbs.
o The UAS will have a maximum operating speed of no more than !OOmph.
o Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).
o Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve or 20 minutes offlight time whichever occurs first.
o Flights will be operated at an altitude of no more than 400feet Above Ground Level (AGL) or not more than 200 feet above an elevated platform from which filming is planned.
o Minimum crew for each operation will consist ofthe UAS Pilot and the Visual Observer (VO).
o The UAS pilot will be the designated Pilot in Command (PIC) and will take and pass all applicable certifications currently being approved by the FAA. 0 A briefing will be performed regarding the planned UAS operations priorto each day's flight consisting ofall the days' production activities.
o All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only. o Ifoperations will be within a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) ofatower controlled or uncontrolled airport, the respective airports will be contacted advising them ofthe estimated flight time, flight duration, elevation offlight and other pertinent information.
o The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required underthe FOM. With the advanced permission of the FSDO, operations at closer range may be approved.
o The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be operated.
o The PIC and VO will be able to communicate byvoice, radio, and/ortext at all times. o Written and/orverbal permission and permits will be obtained, as applicable, from territorial, state, county or city jurisdictions, including law enforcement, fire orother appropriate governmental agencies.
o Ifthe 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.
o The UAS will have the capability to abort aflight in case of unpredicted obstacles, weather, oremergencies.
"Pies from the Sky, LLC", will operate the DJI Phantom 3, with atotal weight ofapproximately 1280g or 21bs 13 oz. The dimensions are 40.36cm x40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. Understill airthe maximum speed is no more than 16m/s or 35mph with a cruising speed of llm/s or 25mph. The DJI Phantom 3 has the abilityto hoverand move along avertical and horizontal plane simultaneously. The DJI Phantom 3 has four motors, Motor Model DJI 3510, powered by a 4480mAh 4s LiPo Lithium Polymer battery. There are four propellers, Propeller Model OJI 1345, in use. The OJI Phantom 3 will be controlled with the C3 remote controllerwith an operating frequency of2.400GHz- 2.483GHz. The live video feed will have an operating frequency of2.4GHz ISM with maximum range of 1.2 miles. The applicantwill operatethe UAS in line ofsight within a closed off and predetermined area owned and/operated by the property representative. 

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## Pies from the Sky, LLC Petitionfor ExemptionFiledunderSection 333
DJI Phantom 3 GENERAL FEATURES Ready to fly 3-axis camera stabilization Precision flight and stable hovering GPS/GLONASS positioning 

### &auto return home Onscreen real-time flight parameters High Definition Camera Camera tilt control Film straight down Supports Adobe DNG RAW Adobe lens profile support Camera parameter settings Album synchronization FAA no-fly zones locked out via installed software TRANSMITIER Operating Frequency:2.400 GHz- 2.483 GHz Communication Distance(open area): CE: 2000m; FCC: 2000m Receiver Sensitivity(l%PER):-10ldBm

## +/- 2dBm Transmitter Power: CE: 16dBm; FCC: 20dBm WorkingVoltage: 1.2A@ 7.4V Battery: 6000 mAh LiPo 2s CAMERA Operating EnvironmentTemperature: 0°C-40°C FOV: 94"/85" Sensor size: 1/2.3" HD Recording DJI VISION APP System Requirement of Mobile Device: iOS version 6.0 orabove/Android system version 4.0 or above
Given the small size ofthe UAS and the controlled environment provided, the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surroundingthe proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly the applicant requests thatthe FAA grantthe requested exemption with minimum delay.



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## Pies from the 

## Sky, LLC Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 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 91.105 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) 

### &(b) 

## Petitionfor ExemptionFiledunderSection 333

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) {1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bytheApplicant, an exemption from Part 21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe 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 orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide agreaterdegree ofsafetytothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14C.F.R. § 45.23 (b). Markingofthe Aircraft The regulation requires: When marks include onlythe 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 will be needed as the UAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in


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## Pies from the Sky, 

## LLC Petitionfor Exemption FiledunderSection 333 compliance with §45.29 (f). The equivalent level ofsafety will be provided by havingthe 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 ofthe UAS as "Experimental."

14C.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 wtio holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers or propertyfor compensation or hire. An equivalent level ofsafety can be achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation ofthe UAS.

14 C.F.R. §91.7(a): Civil AircraftAirworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthycondition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety check lists priorto each flight, an equivalent level ofsafety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in theAircraft. Section 91.9 (b) (2) provides: No person mayoperate a U.S.-registered civil aircraft
... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control pointwhere the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the manufacturer FOM in the pre-flight inspection section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14C.F.R. §91.105: Flight crew members atstations Exemption may be required, the PIC may not leave his station norshall VO leave station
. In eventthat PIC orVO become incapacitated, UAS is to automatically return to designated landing area, as outlined in FOM.


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## Pies from the Sky, LLC Petitionfor ExemptionFiledunderSection 333
14C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person mayoperate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions forflight trainingwithoutfully functional dual controls for a number ofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicoptercomplies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a UAS that is a helicopterand the exemption requests authorityto operate at altitudes up to 400AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will neveroperate at higherthan 400AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400feet AGL, the UAS will not be operated more than 200 feet above the highest pointon the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe propertyowneror local officials. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraftweightingfar more than the maximum 551bs. proposed herein and the lack offlammable 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 ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operatingan aircraftto maintain cruising altitude by reference to an altimeterthat is set "
...to the elevation ofthe departure airport oran appropriate altimetersettingavailable 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 ofsafetywill be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight.

14C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR 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) Duringthe day, tofly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The battery powering the UAS provides approximately 25 minutes of powered flight. To meetthe 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 longertime frame for flight in daylight ortwilightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of priorexemptions. Operatingthe UAS, in a tightly controlled area where only people and property owners orofficial representatives who have signed waivers will be


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## Pies from the Sky, LLC Petitionfor ExemptionFiled underSection 333 allowed, with less than 30 minutes of reserve fuel, does not engenderthetype of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 20 minutes or 25% of battery power- whichever happensfirst. 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 pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate
.... (b) No person mayoperate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin orcockpit 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 abilityor place to carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the pilot flying the UAS will have immediate access to them; tothe extent they are applicable tothe UAS.

14C.F.R. §91.405 (a); 407 (a) {1); 409 (a) {2); 417{a) 

### & (b): Maintenance Inspections. These regulations requirethat an aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe operator pursuant tothe flight manual and operating handbook. An equivalent level ofsafetywill 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 oftime. If mechanical issues arise the UAS can land immediately and will be usually operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover,the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.



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## Pies from the Sky, LLC Petitionfor Exemption FiledunderSection 333 Additional Information The applicant's primary pilot, Daniel E. Guerra, Ownerof "Pies from the Sky, LLC", has been involved in the piloting of remote controlled aircraftfor morethan 17years, has been a certificated airplane pilotfor 15 years, and has been a commercial Airline Captain forthe last 8 years. The applicant's primary pilot also has an in-depth understanding ofthe capabilities and safety concerns involved in using thistechnology as an asset tothe community. Satisfaction ofcriteria provided in Section 333 ofthe Reform Act of2012 provide more than adequatejustification forthe grant ofthe requested exemptions allowingthe commercial operation ofthe applicant's UAS.

"Pies from the Sky, LLC"



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