July 10, 2015

Exemption No. 12011 Regulatory Docket No. FAA

– 20 15

- 1470

Mr. John Ford

Out of Africa Services LLC

14633 Sutherland Avenue Naples, FL 34119

Dear Mr. Ford :

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 dated April 28, 2015 , you petitio ned the Federal Aviation Administration (FAA) on

behalf of Out of Africa Services LLC ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography

.

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 DJI Phantom 2 Vision+

.

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 fi nds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decis ion

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

− 2014

− 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 petitioner 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 interest.

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 pre sent; 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, Out of Africa Services 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 petitioner to operate a UAS to perform aerial data

collection

. This exemption is subject to the conditions and limitation s 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 ( particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Out of Africa Services 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 DJI Phantom 2

Vision+ 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 v ision 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 sigh t (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 maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not per mitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for 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 do cuments needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this 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 limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedenc e and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator 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 updated 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

up dates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 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 must 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 u ndue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 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 components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is proh ibited 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 i n 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 operations 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 appropriate 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 visual 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 th e 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

- acces s property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited 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 ucte d 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 opera tions must be conducted at least 500 feet from all nonparticipating 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 accide nt. The operator must ensure that nonparticipating persons remain 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 en suring 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 ob jects 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 prope rty with permission from the property owner/controller or authorized 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 operational 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 co nditions and limitations apply.7

29. The operator must have a motion 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 le ast 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 certificate 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; t he list of those who gave permission must be made available to 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 o ver which filming will be conducted and the altitudes essential 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 specifie d in the exemption holder’s MPTOM.

Unless otherwise specified 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 July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresApril 28 th 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and P art 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Out of Africa Services LLC (“Out of Africa Serv ices”), an operator of the DJI PHANTOM 2 VISION+ V3.0 QUADCOPTER Unmanned Aircraft System (“UAS”), see ks exemption from the Federal Aviation Regulations (“FARs”) as described below.

The exemption request will permit Out of Africa Services LLC to operate UASs commercially for the purpose of filming and photographing property, people, and even ts. Out of Africa Services will provide a service that is beneficial to an industry that is already using , and seeking to use, UASs for these purposes with a legal and safe option while providing relevant experienc e and information to the FAA and the UAS community. This will benefit the public with the controlled ope ration of UASs by Out of Africa Services and increased integration into t he National Airspace System (“N AS”).

All operations by Out of Africa Services will strictly adhere t o safety, applicable FARs, Operator’s Handbook, applicable Airworthiness Directives, and all other gu idelines from the FAA. Out of Africa Services will, at all times, conduct operations in a manner as to maintain the same level of safety as current manned aircraft operations.

Out of Africa Services will operate exclusively in controlled c onditions, within visual line of sight (“VLOS”), at low altitudes of 400 feet above ground level (“AGL”), or no higher than 200 feet above the highest obstacle (“AHO”) with prior Fli ght Safety District Office (“FSD O”) approval. Any UAS in operation by Out of Africa Services will not exceed 55 lbs. weight.

At all times Out of Africa Services will have a PIC responsible to maintain safe operations of the UAS, and consistently assure an open li ne of communication with the FAA?

Out of Africa Services is poised to be the model of a safe and responsible approach to integrate the UASs into the NAS as a UAS enthusiast. As a business, Out of Africa Services will maintain the highest of standards in all UAS’s operations. A thorough understanding of the importance of safety guidelines in the NAS, and a desire to promote the appropriate integration of UAS s for the furtherance of aviation as a whole is the foundation upon whic h this business will operate.The name and address of the applicant is:
Out of Africa Services LLC

John Ford
14633 Sutherland Avenue Naples FL 34119

The regulations from which the exemption is requested are as fo llows: 14 C.F.R. Part 21; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119;
14 C.F.R. 91.105 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a). Appendix A discusses each rule listed above and explains why ex emptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent lev el of safety, and are in the public interest.

The Applicable Legal Standard under Section 333 Out of Africa Services submits that grant of this exemption app lication advances the Congressional
mandate in Section 333 of the Reform Act to accelerate the intr oduction of UASs into the NAS if it can be accomplished safely. This law directs the Secretary of Trans portation to consider whether certain UASs may operate safely in the NAS before completion of the rul emaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS, the public, or pose a threat to national security in light of the following:

● The UAS’s size, weight, speed , and operational capability; ● Operation of the UAS in close proximity to airports and popul ated areas; and ● Operation of the UAS within visual line of sight of the opera tor.

Reform Act § 333(a)(1). If the Secretary determines that such v ehicles “may operate safely in the national airspace system, the Secretary sh all establish requirements for the safe operation of such aircraft in the national airspace system.” Id . §333(c) (emphasis added). 1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft must have current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial s ervice: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 447024 4716 of this title if the Administrator finds the exemption is in the public interest.The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; The additional authority in the Federal Avia tion Act, as amended; The strong equivalent level of safety surrounding the proposed operations; And the significant public benefit, including enhanced safety and cost savings associated with use of UASs for aerial videography/photography, the reduction or elimination of unregu lated operators, and the safe integration of UASs. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Airworthiness Granting of the exemption to Out of Africa Services will be sub ject to the following mandatory

airworthiness conditions:

 The UAS will never exceed a gross takeoff weight (GTOW) of 55 lbs., or in excess of the Operator Handbook/Manufacturer recommendations, whichever is more restri ctive.

 The Manufacturer checklist will be followed prior to each flig ht.

1 Applicant submits that this provision places a duty on the Admi nistrator to not only process applicants for exemptions under Section 333, but for the Administrator, if he deems the c onditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the UAS. Out of Africa Services respectfully requests the opportunity to consult with FAA staff in order to address any i ssues or concerns that this proposal may raise that they believe may require modification.

 The aircraft registration number will be displayed on the airc raft in accordance with current regulations.

 The POH, registration, copy of exemption, checklist, and copy of maintenance records will be mandatory documents for operation and must be located with or i n the base station and accessible
to the PIC at all times.

 Any FAA or manufacturer required placards are placed and clear ly visible on the base station or controlling device.

 All equipment installed on the UAS will be operational for fli ght.

 PIC will be the determining authority on the airworthiness of the UAS prior, during, and after each flight, and will cease operations upon deeming the UAS not airw orthy until proper maintenance or
action has been taken.

 In adherence to 14 C.F.R. §43.9 each person who maintains, per forms preventative maintenance, rebuilds, or alters the UAS, airframe, motor, propeller, applia nce, or component part will make an entry in the maintenance record of that equipment containing th e following information: a) Description of work performed. b) Date of completion of work performed. c) Name of the person performing the work. d) Signature of the person performing the work.

 In addition to the information above, the following will be in cluded on any maintenance records for record keeping and reporting to the FAA upon request:

 Aircraft total time.

 Time in service of part by method of Time Since New (TSN) or T ime Since Overhaul (TSO).

 Manufacturer, model, serial and/or part number when available.

 Any maintenance action that may affect flight characteristics or airworthiness will have a maintenance operational check and test flight performed by the PIC and an appropriate entry
made in the UAS records.Mandatory Operating Conditions Grant of the exemption to Out of Africa Services will be subjec t to the following mandatory operating

conditions:

 Operations occurring within Class B airspace require coordinat ion and approval from the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing (14 CFR §91.215(d)(3)). Com munication commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate tower frequency by ground radio.

 Operations within Class B 30NM Mode C Veil require a minimum 4 8 hour prior notification of the FAA Flight Standards District Office having jurisdiction. Notif ication and communication with Air Traffic Control upon commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate tower frequency by g round radio (14 CFR §91.215(3)).

 Operations within Class C, or D airspace require notification at minimum 24 hour prior notification of the FAA Flight Standards Dis trict Office having jurisdiction , and upon request with Air Traffic Control one hour prior to operations commencing (14 CFR §91.215 (d)(3)). Communication commencing operations, during operations, and termination of op erations by use and constant monitoring of appropriate tower frequency by ground radio.

 Operations within 2.5 NM radius of airport runway centerline w ithin class E, or G airspace require at a minimum 24 hour prior notif ication of the FAA Flight Stand ards District Office having jurisdiction, at a minimum 24 hour prior notification of the Ai rport Manager or Controlling Agency, notification and communication with any control tower, or on CT AF frequency, upon commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate frequency by ground radio.

 Operations within class E or G airspace not within 2.5 NM of a irport runway centerline requires constant monitoring of applicable CTAF or 123.025 (helicopter a ir to air) and reporting upon commencing operations, during op erations, and termination of op erations by ground radio.

 No operations are to be conduct ed within 2.5 NM in line with r unway centerline azimuth and on the approach end of a runway that is actively in use.

 All operations are r equired to remain at, o r below, 400 feet A GL unless prior approval is received from the FAA Flight Standards D istrict Office having jurisdicti on, and no flight exceeding 400 feet AGL may go above 200 feet above the highest obstacle, or outsid e visible range, or beyond the capability of the UAS (whichever is lower in altitude).

 Operations are to be conducted over private or controlled acce ss property.

 Permission from land owner/controller required before commenci ng any flight.

 Operations to occur under Visual Flight Rules during Visual Me teorological Conditions (VMC).

 Aircraft to remain within Vis ual Line of Sight (VLOS).

 Operations to be conducted in a controlled environment with on ly the necessary persons present, any person present, not employed by Out of Africa Services, wil l sign a waiver acknowledging UAS operations, proper safety procedures, and a statement ackno wledging risks.

 Operations will be conducted with a visual observer (VO), in a ddition to the UAS pilot, who will remain in VLOS with the UAS pilot, the UAS, and the area of ope rations at all times. VO will assist in maintaining a controlled environment, spotting hazards to pe rsons or property, monitoring and communicating on appropriate ATC, CTAF, or other appropriate ra dio frequencies.

 UAS will not be operated below 25% battery capacity, or a batt ery power reserve of less than 10% flight time, whichever is the greater of the two.Operator Requirements Out of Africa Services understands and upholds the stance that necessary precautions are required to protect aircraft already operating in the NAS, and the safety a nd security of the flight crew members, passengers as well as the public and property. Furthermore Out of Africa Services will use an appropriately certified pilot for the type of operation being c onducted as it would fall under 14 C.F.R. if it
were a manned aircraft.

The PIC and the Visual Observer will, at all times, be aware th at UASs currently cannot adhere to the standard “see and avoid” requirements due to the size of the UA S impacting the distance at which it can be identified by pilots of mann ed aircraft. Out of Africa Servi ces maintains a zero tolerance policy for any pilot that fails to give complete right of way, and wide berth to any aircraft that comes within 1 statute mile horizontally or 2000 feet vertically of operations.

At all times the PIC and VO will monitor appropriate ATC, CTAF, or air to air frequency, announce actions, and adhere to requests of any manned aircraft, airspace control ler, FAA representative, or law enforcement official so long as it can be performed safely and legally. In the interest of safety, and the furtherance of aviation, Out of Africa Services requires its op erators to adhere to its “See and Hear” policy. This policy requires that any aircraft that can be both observed and heard (excluding large turbine, turboprop, and other aircraft that are heard and seen but are c learly 2000 feet above the highest permitted altitude of the UAS) by the PIC or the VO will require UAS oper ations to cease until the aircraft acknowledges the operations of the UAS verbally through radio c ommunications.

The PIC will adhere to appropriate FARs as well as follow the i ncluded Out of Africa Services Training Manual. The PIC will, while the exemption is in place, log all flights conducted for Out of Africa Services, or any flight to meet the training requirements.

The visual observer will be trained according to the Out of Afr ica Services Training Manual. The VO will be required to exhibit proficiency in operating and communicati ng using the radio. The VO will not, at any time during operations conducted under this exemption, oper ate or control any portion of the flight of the UAS unless they meet the PIC requirements of this exemption

.

Privacy All flights will occur over private or controlled access proper ty with the property owner’s or controlling authorities’ prior consent and knowledge. Filming will be of pe ople who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.In summary, applicant seeks an exemption from the FARs set fort h above and in Appendix A to allow commercial operations of UASs co nducting aerial flights as desc ribed. Approval of the exemption allowing commercial operations of Out of Africa Services UASs will increase safety by permitting an operator to conduct a service safely th at is already occurring without FAA knowledge, exemption, or adhering to prescribed safety guidelin es. The exemption will also encourage the education of UAS operators and the adoption of FAA guidelin es and approval for commercial UAS operations. It benefits the public through a higher level of sa fety of UAS operations and a service that benefits the local public and bu siness. It also benefits the pu blic through a smooth and well approached integration of UASs into the NAS, and continual communication w ith the FAA and the information gained. Having a pilot owned business aids in bridging the gap between the advancement of UAS technology and the current practices and operations in the NAS and with th e FAA. This assists the FAA with its mission of promoting aviation whi le preserving safety of aviato rs, the public, and property. The UASs operated by Out of Africa Services satisfies the crite ria set forth in Section 333 of the Reform Act–size, weight, speed, operating capabilities, operation with in visual line of sight, and national security– and showing an equivalent level of safety to manned aircraft fl ights through appropriate pilot certification and safety focused standards of operation, providing more than adequate justification for the grant of the requested exemptions allowing commercial operations.

Respectfully,

John Ford
Owner and PIC Out of Africa Services, LLCAPPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE
RULES SUBJECT TO EXEMPTION

Due to the flight characteristi cs, such as the ability to hover , vertical takeoff and landing, and the type of operations performed by the UASs operated by Out of Africa Serv ices, Out of Africa Services respectfully request that where a regulation differentiates according to cla ss that it be permitted to operate under those regulations pertaining to helicopters.

Out of Africa Services requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of its UASs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203(a)(1) requires all civil aircraft to hav e a certificate of airworthin ess. Part 21, Subpart H, entitled Airworthiness Certificates, es tablishes the procedural requirem ents for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft and t he limited operating area associated with its utilization, it is unnecessary to go t hrough the certificate of airworthiness process under Part 21 Subpart H to a chieve or exceed current sa fety levels.

Such an exemption meets the r equirements of an equivalent level of safety under Part 11 and Section
333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworth iness certificate, upon consideration of the size, weight, speed, operational capability, and proximi ty to airports and populated areas of
the UAS involved.

In this case, an analysis of thes e criteria demonstrates that t he Out of Africa Services UASs operated
without an airworthiness certif icate, under the conditions prop osed herein, will be at least as safe, or safer, than a conventional aircra ft (fixed wing or rotorcraft) with an airworthiness certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusivel y within an area pre-disclosed and in compliance with conditions set forth herein. Operations under t his exemption will be tightly c ontrolled and monitored by both the operator, pursuant to the conditi ons set forth above, and by lo cal public safety requirements. The FAA will have advance notice of all operations through the fili ngs with the FSDO. Receipt of the prior permission of the land owner, or controlling authority, the siz e of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The U ASs construction with absorben t material provides at least an equivalent level of safety to that of such operations being con ducted with conventional aircraft that
would be orders of ma gnitude larger and wo uld be carrying passe ngers, cargo, and flammable fuel.

14 C.F.R. § 91.7(a): Civ il aircraft airworthiness. This regulation requires that no person may operate a civil air craft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation o f the UASs without an airworthiness certificate, no standard will exist for airworthi ness of the UASs. Given the size of the aircraft and the requirements that have presumably already been met in the approved standard operating procedures (for instanc e, the Maintenance & Inspectio n Manual and Safety Checklist), an equivalent level of safety will be achieved by ensuring complia nce with the operating manuals prior to each flight.14 C.F.R. § 91.9(b)(2): Civil Ai rcraft Flight Manual in the Air craft. The regulation provides: No person may operate a U.S. registered civil aircraft for whic h an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there i s available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The equivalent level of safety will be achieved by keeping the flight manual at the ground control point where the pilot flying the U AS will have immediate access to it. The FAA has issued to others the following exemptions to this r egulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 328 27, and 10700.

14 C.F.R. § 91.109(2) This regulation provides that f light crewmembers must keep a sa fety belt fastened while at a
crewmember station. Out of Africa Services UASs are by definiti on not manned and therefore maintain an equivalent level of safety without the use of safet y belt since no danger is posed due to no persons being aboar d the aircraft.

14 C.F.R. § 91.121(a) This regulation requires that a ircraft be operat ed at altitude in reference to an altimeter set to applicable barometric pressure. According to the Flight Manuals and information included with this exemption request the UASs operat ed by Out of Africa Services u ses GPS positioning, and the T600 uses, in addition, a specialized sensor that limits the aircraf t altitude to a predetermined height set by the pilot during preflight inspections. This, in addition to all flights being conducted by VLOS, assures altitude restrictions will be maintained by the pilot. Given the nature of the flight being limited to an upper altitude limit, the lim ited area of operations, the See and Avoid procedures set forth by Out of Africa Services, and in light of the UASs not being oper ated at VFR or IFR cruising altitudes an equivalent level of safety will be achieved.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction These regulations provide that no person may operate a civil ai rcraft (except a manned free balloon) that is being used for flight ins truction unless that aircraft has fully functioning dual controls. UASs are a remotely piloted aircraft and by design, do not have full y functional dual controls. Flight control is accomplished through the use of a control box that communica tes with training program, as set forth in an equivalent level of safety will be assured. 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. See Exemption Nos. 5778K & 9862A. The eq uivalent level of safety will be achieved by the Out of Africa Se rvices providing the training a s outlined.

14 CFR § 91.119: Minim um Safe Altitudes
Section 91.119 establishes safe al titudes for operation of civi l aircraft. Due to the flight characteristics of Out of Africa Services UASs (vertical takeoff and landing, a nd ability to hover) as well as the nature of the type of flights conducted by UASs and the similarity to helicopters Out of Africa Services requests to operate in accordance with s ection 91.119(d). The equivalent level of safety will be achieved given the size, weight, speed, and m aterial with which the UASs are built. Furthermore; No flight will be taken without the permission of the land owner or those who control
the land. Because of the advance notice to the landowner, all a ffected individuals wi ll be notified ofthe flights. Compared to aer ial photography or videography oper ations conducted with aircraft or rotorcraft weighing far more t han the UAS and carrying flammabl e fuel, any risk associated with these operations will be far le ss than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, t he low altitude operations of t he UAS will maintain separation between these small UAS operati ons and the operations of conven tional aircraft that must comply with Section 91.119, give right o f way to all manned aircraft, and adhere to Out of Africa Services See and Hear policy.

14 C.F.R. § 91.151(a): Fuel Require ments for Flight in VFR Cond itions This regulation prohibits an individual from beginning “a fligh t in a rotorcraft under VFR conditions unless (considering wind and fore cast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming no rmal cruising speed – (1) D uring the day, to fly after that for at least 30 minutes; or (2) At night , to fly after that for at lea st 20 minutes.”
Given the limitations on its proposed operations and the locati on of those proposed operations, a longer time frame for flight in daylight VFR conditions is reas onable. Out of Africa Services believes that an exemption from 14 CFR § 91.151(b) is safe and within th e scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operat e without compliance with 91.151(a)). Operating the small UAS, without 20 minutes of rese rve fuel does not engender the type of risks that Section 91.151(b) w as meant to prevent given the size and speed at which the UAS operates. The fact that it carri es no pilot, passenger, or carg o also enhances its safety. Additionally, limiting flights to a 20 minute reserve would greatly reduce th eir utility. In the unlikely event that the UAS should run out of fuel, it would simply land. Given its wei ght and construction material, the risks are less than contemplated by the current regulation.

Out of Africa Services believes that an equivalent level of saf ety can be achieved by maintaining 25% battery power, or 10% of time (whichever is longer) would b e more than adequate to return the UAS to its planned landing zone fr om anywhere in its operating area.

14 C.F.R. § 91.203 (a) & (b): Carr ying Civil Aircraft Certifica tion and Registration This regulation provides as follows: (a) No person may operate a civil aircraft unless it has an app ropriate and current airworthiness
certificate. (b) No person may operate a civil aircraft unless the airworthi ness certificate required by paragraph (a) of this section or a special flight authorization issued un der §91.715 is displayed at the cabin or cockpit entrance so that it is l egible to passengers or crew. Out of Africa Services UASs have no cockpit or cabin to place o r carry certification. As such, the exemption and any other certifyi ng document from the FAA will b e maintained with the ground station, and placed in a manner as to be clearly visible to any government official or person

authorized in the controlled operations environment. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to th em. 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 10700.14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenanc e Inspections Section 91.405(a) requires that a n 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 p rescribed in part 43 of this chapter Section 91.407 similarly makes reference to requirements in Par t 43; Section 91.409(a)(2) requires an annual inspection for the issuanc e of an airworthiness certi ficate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance w ork that has been accomplished by certificated mechanics, under Part 43, or licensed pilots an d records of approval of the aircraft for

return to service. Maintenance on Out of Africa Services aircraft will be accompli shed by the owner/operator pursuant to the manuals, provided by Out of Africa Services, and the man ufacturer. An equivalent level of safety will be achieved because the UAS is small in size, will operate only in restricted predetermined areas and is not a complex mechani cal device. As provided in th e attached Maintenance Manual and the Safety Checklist, which were reviewed as part of the ap plication, the operator of the UAS

will ensure that it is in worki ng order prior to initiating fli ght, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the Out o f Africa Services Chief Pilot is familiar with the aircraft, has extensive experience with UAS maintenanc e, and has thousands of hours of helicopter airframe and power p lant maintenance, and is best su ited to maintain the aircraft in an airworthy condition and to ensur e an equivalent level of safety

. The Out of Africa Services Maintenance Manual provides for a 30 day/100 hour and Annual inspection of the airframe and components similar in scope to i nspections on manned aircraft. This will ensure an equivalent level of safety to the maintenance re quirements in Part 91. In addition, between such inspections, should a mechanical issue arise, the aircraft will either return to its launch site or immediately land.

APPENDIX B
SUMMARY OF OUT OF AFRICA SERVIC ES SECTION 333 EX EMPTION REQUEST Out of Africa Services hereby provides pursuant to Part 11 a su mmary of its exemption application to allow commercial operation of its UASs in aerial photography /videography. An exemption is requested from the fo llowing regulations: 14 C.F.R. Part 21; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119;
14 C.F.R. 91.105 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).