## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 1 November	17,	2015

Exemption	Request,	Sustain	and	Surpass	LLC,	Avon	Lake	OH

ATTN:	US	Department	of	Transportation,	Federal	Aviation	Administration

RE:	Sustain	and	Surpass,	Avon	Lake

, Ohio. REQUEST	AN	EXEMPTION	FROM	THE	REQUIREMENTS	OF	TITLE	14	OF	THE CODE

OF	FEDERAL	REGULATIONS SECTIONS 21	(h); 91.203	(a)	&	(b),	45.23	(b), 61.113(a)	&	(b), 91.7(a), 91.9	(b)	(2),	91.103	(b),	91.109,	91.119	(d), 91.121,	91.151(b),	91.405(a), 91.407(a)(1),	91.409(a)(1)	& (a)(2),	AND	91.417(a)	&	(b)	CONCERNING	COMMERCIAL

OP ERATION	OF	DJI	Phantom 3	UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION

333	OF THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012	(PUBLIC	LAW	112

- 95)

. THIS	UNMANED	AERIAL	SYSTEM	WILL	BE	USED	IN	COMMERCIAL	OPERATIONS	FOR
VIDEO,	PHOTOGRAPY	AND	TECHNICAL	OBERSVATION S	OF	INDISTRIAL	EQUIPMENT AND

PRIVATE	EVENTS

.

Justin	Pummill Managing	Member, Sustain	and	Surpass	LLC

529	Waterford	Ct.
Avon	Lake,	OH	44012

C.	313

- 283

- 5658 Justin.pummill@sustainandsurpass.c om

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 2 GLOSSARY	OF	ABBREVIATIONS

AGL

- Above	Ground	Level

AOI

- Area	of	Interest

ATC

- Air	Traffic	Control ATO	Air	Traffic	Organization

AV

- Aerial	Vehicle

CFR

- Code	of	Federal	Regulations

COA

- Certificate	of	Authorization

FAA

- Federal	Aviation	Administration

FAR

- Federal	Aviation	Regulation

GCS

- Ground	Control	Station

GPS

- Global	Positioning	System

IAW

- In	accordance	with

LOL

- Loss	of	Link

NAS

- National	Airspace	System

NOTAM

- Notice	to	Airman

PIC (s)

- Pilot (s) In	Comman d

FMRA

- Section	333	FAA	Modern ization	and	Reform	Act	of	2012

SO

- Safety	Observer

SOP

- Standard	Operating	Procedures

SAS

- LLC	Sustain	and	Surpass	Limited	Liability	Corporation

UA

- Unmanned	Aircraft

UAS

- Unmanned	Aircraft	System

VFR

- Visual	Flight	Rule s
VLOS

- Visual	Line	of	Site

VMC

- Visual	Meteorological	Conditions

VTOL

- Vertical	Takeoff	and	Landing

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 3 Definitions

1. Aircraft: any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, United States Code (49 USC) § 40102)

3.(The) Administrator: Secretary of the FAA or he/she’s designee for purposes of company compliance and authorization.

2. National Airspace System (NAS): the common network of U.S. airspace; air navigation facilities, equipment and services, airports or landing areas; aeronautical charts, information and services; rules, regulations and procedures, technical information, and manpower and material

3. Operational Control: with respect to a flight, means the exercise of authority over initiating, conducting or terminating a flight (14 CFR § 1.1)

4. Pilot in Command (PIC): the person who has final authority and responsibility for the operation and safety of the flight; has been designated as PIC before or during the flight; and holds the appropriate category class and type

- rating, if appropriate, for the conduct of the flight (14 CFR § 1.1)

5. Unmanned aircraft (UA): any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (P.L. 112

- 95, Section 331)

6 . Unmanned Aircraft System (UAS): an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently in the nationa l airspace system (P.L. 112

- 95, Section 331)

7. UAS Certificate of Waiver or Authorization (COA): an authorization issued by the Air Traffic Organization to an operator for a specific unmanned aircraft activity

8. Visual Line of Sight (VLOS): unaided (co rrective lenses and/or sunglasses excepted) visual contact between a pilot in command and an unmanned aircraft sufficient to maintain safe operational control of the aircraft, know its location, and be able to scan the airspace in which it is operating to see and avoid other air traffic or objects aloft or on the ground

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 4 Background

Sustain	and	Surpass	LLC	is	a	start

- up	firm	operated	out	of	Avon	Lake,	Ohio	and was established	August	of	2015. Brandon R Smith	and	Justin	J	Pummill own	and	operate	it.	The

m ain	goal	of	SAS LLC	is	to harness emerging technologies,	software	development	and application	of	new	technologies for	our	customers .	Also to	recommend	and	enable	methods and	products	that	promote	the	growth	and	sustainability	of	human	kind

. For	one of	our new	initiatives,	UAS	equipment	will	be	used	to	offer	customers as a	platform to	capture
video and	still	frame	photography	for their needs.	The	targeted	industries	are	real	estate, building	maintenance,	agriculture,	and	the	entertainment	industry.	Both	Brandon	and	I	are experie nced	airline	pilots	with	over	14 ,000	hours combined

, flying	mostly	transport category	aircraft. Having	this	ex perience	g ives	us	a	perspective on	airspace	and	operations that	will	give	us	a	competitive	edge	in	this	industry. We	feel	that	UAS’s	prese nt	a unique opportunity	in	aviation.	With	the	concept	of	pilotless	aircraft	be coming	more	accepted,

there	is no	doubt there	will be	many	new	applications	of	this	technology in	the	future.	SAS LLC’s	vision	is	to	begin	using	new	technologies	i n	earnest	and	build	experience and partnerships	to	enhance	the	safety,	reliability	and	feasibility	of this	new	and	exciting technolog y

.

From	our	research,	we	see	a	desirable	market	in	the	use	of	the	DJI	Phantom	3	as	a	platform to	offer	airborne	video/photos	to	our	clients.	In	this	petition	we	seek	authorization	and exemption	from	particular	FAR’s	to	operate	these	platforms	for	compens ation	or	hire

within	the	NAS.

These	aircraft	utilize	electric	motors	that	drive	4	blades	that	provide	vertical	lift. Their maximum	speed	is	16.4fps,	max	ceiling	400’ agl,	weight	of	2.8	pounds	and	are 23.2”	in diameter.	Their	power	source	is	from	lithium	p olymer	battery	packs.

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 5 Specific	Sections SAS	LLC Requests	Exemption

14	CFR	45.23	(b) entitled	Display	of	Marks;	general;	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,”	“experimental,”	or	“provisional,”	as	applicable.

14 CFR 61.113	(a)	and	(b) , entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

14 CFR 91.7(a) , entitled Civil aircraft airworthiness, subsection (a), states the following: No person may operate a civil aircraft unless it is in an airworthy condition.

14 CFR 91.9 (b) (2) , entitled Civil aircraft flight manual, markings, and placard requirements, subsection (b) (2); No persons may operate a U.S.

- re gistered civil aircraft

– For which an Airplane or Rotorcraft Flight Manual is not required by part 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

14 CFR 91.103 (b) , entitled Preflight Actions; For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information.

14 CFR 91.109 , entitled Flight instructio n; Simulated instrument flight and certain flight tests. This section prescribes (except for a manned free balloon) fully functional dual flight controls

must be installed for instruction.

14 CFR 91.119

, entitled minimum safe altitudes: General. This par t prescribes safe altitudes for aircraft operations. Section 91.119 (d) Helicopters, powered parachutes and weight

- shift

- control aircraft. If the operation is conducted without hazard to pers ons or property on the surface

- (1) [subpart] A helicopter may be operated at less than minimums prescribed in paragraph (b) or (c) of this section provided each person operating the helicopter complies with a any routes or altitudes specially prescribed for helicopters by the FAA.

14 CFR 91.121

, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 6 of that aircraft, as the case may be, by reference to an altimeter that is set, when

oper ating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, th e current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the

elevation of the departure airport or an appropriate altimeter setting available before departure

14 CFR 91.151(b) , entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: No person may begin a flight in a rotorcraft under VFR conditions unless(considering wind and forecast weather conditions) there is enough fuel to fly to the f irst point of intended landing and, assuming normal cruising speed, to fly after that for at least 20

minutes.

14 CFR 21 (h), 91.203 (a) and (b) , entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203 (a) (1). 91.203 (b) no person may operate a civil aircraft unless the airworthiness certificate or special flight authorization issued under FAR 91.175 is di splayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

14 CFR 91.405 (a) , entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as p rescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescrib ed in part 43 of this chapter.

14 CFR 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been appr oved for return to service by a person authorized under part 43.7 of this chapter

14 CFR 91.409 (a) (2)

, entitled Inspe ctions, requires that no person may operate an aircraft

, unless within the preceding 12 calendar months, it has had

– [subpart (2)] an i nspection for the issuance of an airworthiness certificate in accordance with part 21of this chapter.

14 CFR 91.417(a) and (b) , entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with § § 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:(1) Records of the maintenance, preventive maintenance, and

alteration and records of the 100

- hour, annual, p rogressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft

for return to service. (2) Records containing the following information:

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 7 (i) The total time in service of the airframe, each engine, each propeller, and

each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all item s installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft

and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves

r ecurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The own er or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be ret ained until the defects are repaired and the aircraft is approved for return to service.

The	Extent	of	Relief Requested,	Reason	for	R elief	and Equivalent	Level	of	Safety,	if Exemption	was	Granted.

14	CFR	45.23	(b)

The	size	of	the	Phantom	3	and vertical surfaces represent	an	impossibility	to	display markings	required	by	this	regulation and	no	person	can	occupy	the	aircraft .	As	a	means	of proper	registration	and	identification	to	the	category	of	aircraft,	there	will	be	markings displayed	on	the	UAS	on	vis ible	surfaces	to	identify	its	registration	and	proper	category	of
aircraft,	as	well	as at the	UAS	ground	station ,	providing	an	equivalent	level	of	safety

.

14 CFR 61.113 With	regard	to	parts	related	to	airmen	certification	requirements to	operate	aircraft for	compe nsation	or	hire.	We	request	relief	from part	61.113	(a)	and	(b). SAS	LLC is seeking exemption	to	allow pilots with	private	pilot	certificates	and	valid	aviation	medicals

to	be assigned	as	PIC’s

. No	regulations	have	been	created	to	stipulate	the requirements	of	a UAS	pilot	by	the	FAA. There	have	been	approved	exemptions	to	allow	recreational	pilots	to

be	PIC	of	a	UAS	for compensation	or	hire.	Since a	pilot	will	not	occupy	the	aircraft ,	and	all flights	will	be	planned	using	a	risk	asses sment ,	we	fe el	this	provides	an	equivalent	level	of safety.	Training	requirements	will	be	established	as	a	minimum	of	5	hours	accumulated flight training experience	and	demonstration	of	the	pilot	to	perform	evasive	maneuvers	to reduce	threat	to	other	aircraft,	people or	structures.

14	CFR	91.7	(a )

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 8 This	regulation	requires	the	aircraft	to	be	airworthy.	The UAS has	no	airworthiness

certificate or	standards.	H owever
, there	will	be	preflight	checks	conducted	IAW

m anufactures	manual.	Any	deficiency	will	be	addressed	prior	to	flight	and	corrected	by	the

operator. If	during	flight	any	deficiencies	occur,	the	operator	will	immediately	discontinue
operation ,	providing	an	equivalent	level	of	safety

.

14	CFR	91.9	(b)	(2) Regarding	size	and	practicality,	the	use	of	an	onboard	manual	would	suffice	neither, voiding	the	intent	of	this	regulation.	The	operator	will	ensure	a	copy	of	the	manual	to	be present	and	used	for	each	operation,	as	necessary.	This	will	be	considered	a	r equirement	of a	proper	UAS	ground	station ,	providing	an	equivalent	level	of	safety

.

14	CFR	91.103	(b) The	requirements	in	this	regulation	for	flight	preparation	and	actions	before	flight, by	the	PIC,	to	insure	safety	cannot	be	prescribed	because	there i s	no	FAA	approved	manual being	provided.	An	exemption	will	be	required	for	our	operation,	and	an	equivalent	level	of safety	provided	using	the	manufactures	manual	and	skills	of	licensed	pilots	operating	the UAS.	All	factors	of	flight	will	be	reviewed	by	th e	PIC,	including	serviceability	of	the	UAS

, weather,	airspace, privacy,	civilian	safety,	structural	safety, and	battery life	and	aircraft performance.

14	CFR	91.109 Regarding	flight	instruction requirements and	dual	control requirement ;	the	UAS	is

not occupied	by	a	student,	pilot	or	any	other	person.	This	provides	an equivalent level	of safety	for	the	operation,	in	regards	to	safety	of pilot	and	student.	The	speed	and	size	of	the aircraft	provide	margins	of	limited	kinetic	potential	to	further	reduce	co llateral	hazards.

14	CFR	91.119	(d) To	provide	an	equivalent	level	of	safety,	operations	of	the	UAS	around	people, structures	and	airspace	will	always	be	less	than	400	feet	agl,	and	under	most circumstances,	less	than	or	equal	to	200	feet	agl.	To	ensure safe	altitudes,	to	maximum extent	possible,	all	property	owners	and	people	directly	or	indirectly	involved,	will	be notified	of	the	operation	and	care	will	be	taken	to	ensure,	in	case	of	failure,	the	UAS	will pose	little	to	no	threat	to	people,	structures or	airspace.

14	CFR	91.121 The	requirement	for	current	altimeter	settings	to	be	set	is	not	possible,	as	the aircraft	does	not	have	an	adjustable	altimeter.	There	is	a	GPS	sen s or	altimeter	reading given	to	the	operator	that	will	be	referenced	to	closes t	approximation	of	the	launch

location	and	used	to	ensure	alt itude	compliance	and	provide	an equivalent level	of	safety

.

14	CFR	91.151	(b) Regarding	VFR	fuel	requirements,	the	UAS	is	unable	to	comply	with	helicopter requirements	of	20	minutes	normal	cru ise	reserves. Maximum	battery	use	is	23	minutes, and	for	all	practical	purposes,	we	plan	on	only	using	17	to	18	minutes	during	each	flight.

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 9 Therefore,	other	methods	tailored	to	the	operation	of	the	UAS	will	be	used	if	the	exemption is	granted. The	UAS	will be	able	fly	in	accordance	to	a	flight	plan	and	return	to	launch	site with	a	minimum	of	reserve	battery	power	of	20

- 25%.	Other	provisions	to	ensure maximum efficiency	will	be	to	use	an	alternate	recovery	site	along	the	planned	flight	path	of	the	UAS

and	if any	doubt	is	suspected	alternate	sites	for	recovery	will be	established	prior	to	flight, to	provide	an	equivalent	level	of	safety	intended	by	this	rule.

14	CFR	21	(H),	91.203	(a)	and	(b) The	UAS	does	not	possess	an	FAA	airworthiness	certificate,	and	re lief	is	requested from	this	section	[14	CFR	21	Subpart	(H)].	Also,	part	91.203	(a)	and	(b)	requirements	of airworthiness	certificate	or	special	authorization	to	operate	the	aircraft. The	aircraft weights	less	than	10	pounds,	and	can	not	transport	people	or any	other	payload. The DJI Phantom	3	Professional	meets	the	requirements as	provided	by	the FMRA,	Section	333 in performance	and	size. An	equivalent	level	of	safety	intended	from	these	parts	will	be exacted	by	operating	the	aircraft	per	the	manufactures guidance,	FAA	guidance	and prudent	judgment	as	to	the	serviceability	of	the	aircraft	prior	to	each	flight.

14	CFR	91.405	(a);	407	(a)	(1); 91.409	(a)	(1 );	417	(a)	and	(b) These	parts	apply	to	aircraft,	specifically,	with	airworthiness	certificates.	Given	that the	UAS	does	not	have	one,	relief	would	be	required	from	these	sections.	Maintenance	will be	accomplished	per	the	manufactures	manual	and	prudent	practice.	An	equivale nt	level	of safety	will	be	achieved	due	to	the	limited	size,	operations	and	exposure	of	the	UAS.	When malfunctions	do	occur,	they	would	be	no	higher	than	400	feet	AGL,	and	in	most	instances, care	will	be	taken	to	ensure	in	the	event	of	the	most	catastrophi c	failures	the	UAS	is positioned	to	limit	damage	or	danger	to	persons	and	property.	Ongoing	maintenance,	pre

and

- post

- flight	checks	will	ensure	inspections	are	consistent	enough	to	spot	maintenance concerns	and	log	them.

## S ustain & 

## S urpass	LLC

A	Technology	Company

SUSTAIN	AND	SURPASS	LLC,	529	WATERFORD	COURT,		AVON	LAKE,	OH	44012 10 Summary

Pursuant	to	14	CFR	11, is	the	following	summary	for the Federal	Register,	if	required.

Sustain	and	Surpass	LLC,	Avon	Lake	Ohio	(applicant)	seeks	an	exemption	of	the	following regulations,	in	parts	of	14	CFR: 21	(h); 91.203	(a)	&	(b),	45.23	(b),	61.113(a)	&	(b),	91.7(a),

91.9 (b) ; (2),	91.103	(b),	91.109,	91.119	(d), 91.121,	91.151(b),	91.405(a),	91.407(a)(1), 91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b)	to	commercially	operate	a	UAS	for	hire	and/or compensation	for	filming	and	capturing	still

- frame	imagines	of	events,	real	estat e, industrial	properties	or	equipment.

In	the	interest	of	safety	of	flight,	for	replacement	of	much	larger	aircraft	and	lives	aboard, lack	of	petroleum	use,	noise	reduction,	accessibility ( in	a financial sense ); Sustain	and Surpass	LLC	sees this exemption to	bene fit	society

, great ly .	Reduction	of	risks,	costs	and increasing	versatility,	as	well	as	environmental	impact	reductions,	makes the	use	of	UAS’s

very	se n sible

.

Comparing	conventional	methods	of	aerial	photography,	the	use	of	Small	UAS’s	is	super ior in	safety,	economy	and	viability.	The	improvement	on	safety	of	flight	is	espe cially	impactful to	the	public.	Using	existing	aviation	regulations	to	guide	operations	of	UAS’s	will	help	to ensure	a	responsible	and	seamless	integration	of	this	new	technol ogy	into	our	National	Air Space	system,	as	well	as	provide	an	equivalent,	or	better,	level	of	safety	to	the	public.

Justin	J	Pummill
General	Partner, Sustain	and	Surpass	LLC

529	Waterford	Ct.
Avon	Lake,	OH	44012