## AERIAL SPECTRUM, LLC. Attn: David Sprague
437 Gateford Drive Ballwin, MO 63021
636-391-4060 Dsprague636@gmail.com

July 20, 2015

TO: Federal Aviation Administration US Department of Transportation Docket Management System 1200 New Jersey Ave. S.E Washington,

DC 20590

Dear Sir or Madam:

Re: Exemption Request Section 333 of the FAA Refor m Act Pursuant to section 333 of the FAA Modernizat ion and Reform act of 2012 (The Reform Act), and 14 C.F.R. Part 11, AERIAL SPECTRUM, LLC, herby seeks and appl ies for an exemption to the Federal Aviation Regulations (FARs ) to allow AERIAL SPECTRUM, LLC to operate Small Un manned Aircraft Systems (UAS) commercially in airspace reg ulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petiti on. The requested exemption would permit AERIAL SPE CTRUM, LLC to operate small, unmanned aircraft system (UAS) for t he purpose of providing an aerial photography and s urvey service to Municipalities, Utilities & Private consumers. T he areas of use will include both photo and video i n the Utilities, Communications industry, real estate industry, surv eying industry, construction industry and agricultu ral industry. The UAS will be operated in airspace that is 1) limited 2) predetermined 3) would provide added safety enh ancements to the already safe operations in the industry present ly using conventional aircraft system”

Exemption request to section 333 of the FA A Reform Act Plan 11 Specific to UAS o perations.

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 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 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.401(a)(1) & (2); 14 CFR 91.417(a) 7 (b).Commercial operation of an UAS, as described herein , which are equipped with camera(s) and sensors,

would operate in the following manner:

• Aerial photography and/or video for public and/or p rivate use including real estate, architecture, land surveying, engineering and other related profe ssional activities.

• Aerial inspection/photography of residential/commer cial structures under contract with the owners or local government authority.

• Aerial inspection/photography of residential/commer cial utility infrastructure included but not limited to electrical power lines, wind turbines an d cell towers.

• Aerial video/photography or providing live video fe ed to assist with rescue operations in cases of an emergency or natural disaster only when the local a uthorities or government has requested it by contract and/or donation.

• The ability to offer training to persons or individ uals belonging to both private and/or public organizations that have interests in the use and ap plication of UAS for the purpose of the safe operation of a UAS to enhance the safety of nationa l aerospace system (NAS) as well as for protection of the persons and property.

As described fully below, and to be used as FOM (ex ibit#1), the requested exemptions would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide s afety enhancements such as limited exposure to flight crew, climbing crews, weight of vehicles, sp eeds of usage, non-use of volatile fuels, etc. Approval of this exemption would thereby enhance sa fety and fulfill the Secretary of Transportations (the FAA administrators) responsibi lities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The primary vehicle to be used will be the DJI Phan tom 3 Professional and/or DJI Inspire 1. While vehicles may be upgraded as new technological and s afety advanced occur the bar for operation and safety will be set by DJI Phantom 3 Professiona l and any new vehicles or versions will exceed the current safety and operational standards. No ve hicle operated by AERIAL SPECTRUM, LLC will be modified from the manufacturers design unless speci fically directed by the same manufacturer. The operation limitations proposed for an equivalen t or higher level of safety because operations will further enhance the safety of the persons and/ or property using conventional aircraft. These limitations and conditions to which the applicant a grees to adhere to when conducting commercial operations under the FAA issued exemption as set fo rth in the flight operations manual include:

# Exhibit #1

• The UAS will weigh less than 55 lbs.

• The UAS will have a maximum operating speed of no m ore than 100 mph

• Flights will be operated within line of sight of th e pilot in command and/or visual observer

• Maximum flight time for each operational flight wil l be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight t ime whichever occurs first

• Flights will be operated at altitude of no more tha n 200 feet above ground level and no more than 200 feet above an equivalent platform from whi ch filming is planned.

• UAS will NOT operate.

o 5 nautical miles (NM) from an airport having an ope rational control tower; or

o 3 NM from an airport with a published instrument fl ight procedure, but not an operational tower; or

o 2 NM from an airport without a published instrument flight procedure or an operational tower;

or

o 2 NM from a heliport with a published instrument f light procedure

• Minimum crew for each operation will consist of the UAS pilot (PIC), the visual observer (VO) and may include but not limited to a camera operator

• The UAS pilot will be designated pilot in command a nd hold either an airline transport, commercial, private, recreational, or sport pilot certificate along with a Current State Driver’s License. If the PIC feels another operator to be qu alified with the necessary skills to be pilot in command and possesses an airline transport, commerc ial, private, recreational, or sport pilot certificate license along with, Current credentials , that person may be designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

• All flights will occur under visual flight rules me teorological conditions (VFR only).

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

• 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.

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

• Written and/or verbal permission and permits will b e obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

• If the UAS loses communications with the remote con troller or losses GPS signal, the UAS will have the capability to return to a pre-determined l ocation within a designated location and land autonomously.

• The UAS will have the capability to abort a flight and return to designated landing area in case of unpredicted obstacles, weather, or emergencies.

• VO or PIC instructed to switch UAS to automatically return home in event either are incapacitated.• Briefing will be conducted in regard to the planned SUAVs operations prior to each day's

production activities. It will be mandatory that al l personnel who will be either Operator or visual observer/camera operator is present for this briefing. The Operator will review weather, flight battery requirements, landing and t akeoff distances and aircraft performance data before initiation of flight. The S UAVs and batteries to be used will be safety inspected prior to flight using appropriate checklists.

https://www.faa.gov/uas/legislative_programs/sectio n_333/how_to_file_a_petition/media/ section333_public_guidance.pdf

As of March 23, 2015, the FAA will automatically gr ant a "blanket" COA for flights at or below 200 feet to any UAS operator with a Section 333 exe mption, provided the aircraft weighs less than 55 pounds, operations are conducted during day time Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the pilot s, and stay certain distances away from airports or heliports.

In seeking authorization, petitioners will require exemptions from regulations with which they cannot fully comply. The table below provides guidance regarding regulations from which a petitioner may require exemption. However, some proposed operations may require exemption from regulations not listed here, while others may not require exemption from all regulations listed here. 14 CFR PART

21, Subpart H Certification procedures for prod ucts and parts, Airworthiness Certificates

91.103(b)(2) Preflight action 91.105 Flight crewmembers at statio ns 91.109 Flight instruction 91.119 Minimum safe altitudes 91.121 Altimeter settings 91.151 Fuel requirements for flight s in VFR conditions 91.405 Maintenance required 91.407 Operation after maintenance 91.409 Inspections 91.417 Maintenance14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. Sec 91.203(a)(1)

The UAS will operate @ 55lbs or less (Gross), carri es neither a pilot or passenger*, carries no explos ive materials or flammable liquid fuels*, and operates in within a secured and pre-determined designated area, at altitudes not to exceed 200 ft ALT or spee ds in access of 100 MPH.

14 C.F.R. Sec 91.105 Flight crew members at station

Exemption may be required, the PIC may not leave hi s station nor shall VO leave station . In event tha t PIC or VO become incapacitated, UAS is to automat ically return to designated landing area, as outlined in FOM

14 CFR Sec 91.109 Flight Instruction (Dual Controls )

Requiring that no person shall operate a civil airc raft for flight instruction unless the aircraft has fully functioning dual controls. UAS and Remote controlle d aircraft by design do not have dual controls, to do so on a radio controlled aircraft would lower th e ability to safely operate the UAS. This section cannot reasonably apply

14 C.F.R. Sec 45.23(b). Marking of the Aircraft

Although exemption from said section cannot benefit nor exceed current stipulations, physical limitations of UAV are reality, such as cabins, let ter size, etc. The UAV will operate under my contro l with registration lettering sized to fit fuselage i n compliance of said section 45.23(b) under conditi ons and or limitations deemed mandatory by FAA . I and my colleges must be held responsible for compliancy, on behalf of Public’s safety and shared air space, as well as its need to identify and Enforce the accountability and of this growing indu stry.

14 C.F.R. Sec 61.113(a) and (b): Private Pilot Priv ileges and Limitations: Pilot in Command

By current regulations because the applicants UAS d oes not carry passengers, or property. The use of UAS is far less dangerous (weight, speed, Fuel) tha n the inherent usage of commercial activities outlined in 14 CFR.16. The pilot in command shall h ave a current an airline transport, private, recreational, or sport pilot certificate along with a Current State Driver’s license which will equal if not exceed safety regulations outlined in 14 CFR 16.113.(a) & (b).

14 C.F.R. Sec. 91.103: Preflight Action:

Exemption is requested due to fact that FAA rotor f light manuals are not available for UAV. The PIC will take all actions as stated in FOM, under norma l procedures included but not limited to review of weather, examination of batteries for flight time a nalysis, landing and takeoff distances as well as flight and aircraft performance in flight.14 C.F.R. Sec 91.119; Minimum Safe Altitudes

Mandates safe altitude for operation of civil aircr aft and allow helicopter to operate less then minimums prescribed, providing the person operating helicopter complies with any route with and or altitudes prescribed for Helicopter’s by FAA. Be ing that UAV is of Helicopters standards and operation a request for exemption to operate at alt itude’s not to exceed 200 AGL or not more than 200 ft above any elevated platform from which take off is necessary to achieved filming. In the event of such particular flight plan, property owne rs, filming crews and other personnel would all be briefed as to safety and conduct procedures duri ng flight. FOB or ATC having jurisdiction in such area would have notification and briefing as mandat ed.

14 C.F.R. Sec 91.121 Altimeter Settings

The requirement of PIC is to use altimeter as means to navigate aircraft to cruise altitudes to and from corresponding airports as predetermined in fli ght plan, unless ordered otherwise. As the UAS has no barometric altimeter, but instead uses GPS a ltitude read out, an exemption would need be applied. Per a preflight check list and live flight data monitoring, the altitude of launch site will be predetermined and therefore calculated into the UAS - GPS indicator before flight.

14 C.F.R. Sec 91.151(a): Fuel Requirements for Flig ht in VFR Co

Fuel requirements for flight. The maximum flight ti me under ideal conditions is 30 minutes with the current manufacturers battery pack. The proposed ru le under this exemption would require the UAS to return to its point of launch if its battery rea ches less than 25% provides a higher standard of safety when applied to UAS.

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

Referring to maintenance, preventive maintenance, a nd alterations to the UAS. The operator will provide minor maintenance and inspection to the UAS , documented as outlined in the operational and safety guidelines. Given the size a nd simplicity of the UAS combined with the operational and safety guidelines outlined in this petition the operator can maintain or exceed the required level of safety.

Sincerely 

# D a vid L. Sprague L. Sprague L. Sprague

David Sprague Aerial Spectrum, LLC