The	Name	and	Address	of	the	Applicant	is: Nicholas	J.	Sanders

Principal CaelusUAV,	LLC 15136	Regal	Oak	Lane Frisco,	Texas	75035 (214)	796

- 6425
October	18 ,	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	Modernization	and	Reform Act	of	2012,	and	14	C.F.R.	Part	11
Dear	Sir	or	Madam:
CaelusUAV,	LLC,	( CAELUSUAV)	located	at	15136	Regal	Oak	Lane,	Frisco,	Texas 75035,	and	Pursuant	to	Section	333	of the	FAA	Modernization	and	Reform	Act	of 2012,	("FAA	Reform	Act")	and	14	C.F.R.	Part	11,	respectfully	requests	exemptions from	several	provisions	of	the	Federal	Aviation	Regulations	("FAR"),	specifically Section	333	which	authorizes	the	FAA	to	determine:
1. I f	certain	unmanned	aircraft	systems,	if	any,	as	a	result	of	their	size,	weight, speed,	operational	capability,	proximity	to	airports	and	populated	areas,	and operation	within	visual	line	of	sight	do	not	create	a	hazard	to	users	of	the national	airspace	sys tem	or	the	public	or	pose	a	threat	to	national	security; and, 2. Whether	a	certificate	of	waiver,	certificate	of	authorization,	or	airworthiness certification	under	section	44704	of	title	49,	United	States	Code,	is	required for	the	operation	of	unmanned	aircraft	systems	identified	under	paragraph (1). We	are	writing	to	request	that CAELUSUAV,	LLC,	an	owner	and	operator	of	small unmanned	aircraft,	be	exempted	from	the	Federal	Aviation	Regulations	("FARs") listed	below	so	that CAELUSUAV,	may	operate	its	small	u nmanned	aircraft	systems ("UAS")	commercially	in	airspace	regulated	by	the	Federal	Aviation	Administration ("FAA");	as	long	as	such	operations	are	conducted	within	and	under	the	conditions outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by Section	333. CAELUSUAV has	been	actively	involved	in	the	technical	development	of	UAS/	UAV service	applications	to	provide	high	definition	aerial	photography	with	small, unmanned	aircraft	and	lightweight	UAS's.The	substance	of	this	request	is	essentially the	same	as	that	granted	to

LOWCOUNTRYRC	CORP ( Regulatory	Docket	No.	FAA

- 2014

- 0803 ) in	that CAELUSUAV is engaged	in	aerial photography using	similar	lightweight,	remote ly

controlled UAS's	in	remote and/or	disaster

- affected areas
. CAELUSUAV has	fully	equi pped	each	of	its	small	unmanned	aircraft	for	aerial photography and	videography,	primarily	for	use	in search	and	rescue	operations, where	they	may	be	used	by or	to	augment	operational	capabilities	of law enforcement	personnel, search	and	rescue agencies, a nd	by	other	first	responders for	other	photography	including video.
CAELUSUAV’s exemption	request	would	permit	its	operation	of	lightweight, unmanned (remotely	controlled and in	line	of	sight)	UAS's	in	tightly	controlled	and limited	airspace. Predetermine d,	specifically	marke d	areas	of	operation,	including (or	excluding)	applicable	sectioned off	locations , will allow CAELUSUAV to	operate within	current	safety	parameters	and	new	ones	being implemented.	As	identified, similar	lightweight,	remote	controlled	UAS's	are	legally operated	by	amateurs	with no	flight	experience,	safety	plan	or	controls	in	place	to prevent	catastrophe. Granting CAELUSUAV 's	request	comports	with	the	Secretary	of	Transportation's (FAA Administrator's)	responsibilities	to	not	only integrate	UAS's	into	the	national airspace system,	but	to"	...	establish	requirements	for	the	safe	operation	of	such aircraft systems	[UAS's]	in	the	national	airspace	system"	under	Section	333	of	the Reform Act.	Further, CAELUSUAV will	conduct	its	operatio ns	in	compliance	with	the protocols described	herein	or	as	otherwise	established	by	the	FAA.
The	Extent	of	Relief CAELUSUAV Seeks	and	the	Reason	It	Seeks	Such	Relief: CAELUSUAV submits	this	application	in	accordance	with	the	Reform	Act,	112 P.L.	95 §§	331

- 334,	seeking	relief	from	any	currently	applicable	FAR's	operating	to prevent CAELUSUAV’s contemplated	commercial,	research	and	other	flight operations within	the	national	airspace	system.	The	Reform	Act	in	Section	332 provides	for such	integration	of	civi l	unmanned	aircraft	systems	into	our	national airspace system, as	it	is	in	the	public's	interest	to	do	so. CAELUSUAV lightweight	UAS's meet the	definition	of	"small	unmanned	aircraft"	as	defined	in	Section	331 , and therefore the	integration	of CAELUSUAV li ghtweight	UAS's	are	expressly	contemplated by	the Reform	Act. CAELUSUAV would	like	to	operate	its	lightweight	UAS's	prior	to	the time	period	by	which	the	Reform	Act	requires	the	FAA	to	promulgate	rules governing s uch	craft.	The	Reform	Act	guides	the	Secretary	in	determining	the	types of	UAS's that	may	operate	safely	in	our	national	airspace	system.	Considerations include:

 the	weight,	size,	speed	and	overall	capabilities	of	the	UAS;

 whether	the	UAS	will	be operated	near	airports	or	populated	areas;	and,

 wh ether	the	UAS	will	be	operated	by line	of	sight.112	P.L.	95	§	333	(a).	Each	of	these	items	mitigates	in	favor	of	an	exemption	for

CAELUSUAV

. CAELUSUAV UAS's	primary	use multi	counter

- rotating	propellers	for extreme	balance,	control and	stability.	They	e ach	typically	weigh	less	than	55 pounds,	including	camera	or other	equipment.	Each	of CAELUSUAV 's	small unmanned	aircraft	is	designed	to	primarily hover	in	place	and	operate	at	less	than	a 50	knot	maximum	speed. Additionally,	CAELUSUAV	may	operate	fixed

- wing	UAS craft,	also	equipped	with	cameras	and	other	equipment.	Multi

- rotor	equipment are capable of	vertical	and	horizontal	operations,	and	all	craft operate	only	within	the line	of	sight	of	the remote	control	pilot.	In	addition	to	the	remote	control	pilot, CAELUSUAV uses	a	camera operator,	such	that,	at	minimum,	two CAELUSUAV personnel or	their	designees	(e.g.,	“spotters”)	govern	the	safe	flight	of	a CAELUSUAV aircraft	at	all	times. Utilizing	battery	power	and	not	combustible	fuels,	flights	generally last	between	five and forty minutes. CAELUSUAV does	not	operate	its	UAS's	with	less	than	twenty	five percent	battery	capacity.	Safety	systems	in	place	include	a	GPS	mode	that	allows CAELUSUAV UAS's	to	hover	(for	multirotor)	or	circle	at	a	fixed	altitude	if communication	with	the	radio	control	pilot	is	lost and	then	slowly	descend	the	UAS at	twenty	five	percent	battery	capacity. Further, C AELUSUAV’s fleet	is	programmed,	in	some	instances,	to	slowly	follow	a predetermined set	of	waypoints	to	return	to	a	saf ety	point	if	communications	are lost.
CAELUSUAV does	not	operate	its	UAS's	near	airports	and	generally	does	not	operate them	near	populated	areas. CAELUSUAV	pilots	are	equipped	with	VHF	radios capable	of	communicating	with	the	aircrew	of	any	aircraft	determined	to	be	in	the area	after	a	flight	mission	is	launched.		This	is	only	intended	to	coordinate	safe landing	operations	of	the	UAS	equipment	with	the	potentially	affected	aircrew	as	a preventative	measure.
CAELUSUAV operation	of	its	fleet	of	small	unmanned	aircraft	will	not	"create	a hazard	to users	of	the	national	airspace	system	or	th e	public."	112	P.	L.	95	§	3	3	3 (b).	Given	the small	size	and	weight	of CAELUSUAV UAS's,	combined	with	their operation	in	cordoned of f	and	well

- controlled	areas, CAELUSUAV’s fleet	falls	within Congress's	contemplated safety	zone	when	it	promulgated	the	Reform	Act	and	the corresponding	directive	to integrate	UAS's	into	the	national	airspace	system.	Indeed, CAELUSUAV UASs	have	a demonstra ble	safety	record	and	do	not	pose	any	threat	to the	general	public	or national	security.	The	FAA	has	the	authority	to	issue	the exemption	to CAELUSUAV pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726	(1958), as	amended	(the	"Act"). Commercial	and	Public	B enefits	Granting CAELUSUAV exemption	request	furthers	the public	interest. First,	Congress	has	already	pronounced	that	it	is	in	the	public's interest	to	integrate commercially	flown	UAS's	into	the	national	airspace	system, hence	the	passing	of the	Reform Act.	Second, CAELUSUAV conducts	research	into	safe UAS	operationsevery	time	it	flies	one	of	its	UAS's.	Flight	data,	visual	inspections, recorded

observations	and	flight	analyses	are	compiled	to	further	enhance	current safety protocols.	Allowing CAELUSUAV to	log	more	flight	time	directly	relates	to	its research	and	its	ability	to	further	enhance	current	safety	measures.	Third,	the	public has	an	interest	in minimizing	the	efforts	and	time	required	to	return	missing persons	to	their	family	and	caregivers,	as	well	as	to	provide	potentially	life

- saving treatments	and	services	to	those	affected. Granting CAELUSUAV exemption	request substantially	furthers	the	pub lic's	interest	in ways	known	and	currently	unknown. Permitting CAELUSUAV to	immediately	fly	within	the United	States	furthers advancements	in	publicly	usable	technologies	or advancements	in	equipment available	to	law	enforcement	personnel	and	first respo nders	with	state	of	the	art equipment	that	does	not	cost	millions	of	dollars. CAELUSUAV’s	exemption	will	not	adversely	affect	safety.	Quite	the	contrary,	for	the various	reasons	stated,	permitting	CAELUSUAV	to	log	more	flight	time	will	allow CAELUSUAV	to innovate	and	implement	new	and	as	of	yet	undiscovered	safety protocols.	The	following	are	reasons	why CAELUSUAV’s	e xemption will	not a dversely affect	safety	o r how	the exemption	will p rovide	a l evel	of safety	at l east e qual to	e xisting rule.

 CAELUSUAV UAS 's	weigh	less	than	55	pounds ,	complete	with	all	camera equipment	and	payload.

 CAELUSUAV only	op erates	its	UAS's	below	400	feet.

 CAELUSUAV UAS's	only	oper ate	for	5

- 45	minutes	per	flight.

 CAELUSUAV lands	its	UAS's	wh en	they	reach	25%	battery	power.

 CAELUSUAV remote	control	pilots	operate CAELUSUAV UAS's	by	Visual	Line of	Sight (VLOS )

.  CAELUSUAV remote	control	pilots	have	video	backup	should	they	somehow lose	sight	of the	UAS.

 CAELUSUAV staffs	each	flight	with	a	remote	co ntrol	pilot	and	camera operator.
 CAELUS UAV UAS's	have	GPS	flight	modes	whereby	they	hover/circle and then	slowly	land	if communication	with	the	remote	control	pilot	is	lo st	or battery	power	is	below25%.

 CAELUSUAV actively	analyses	electronic	flight	data	and	other	sources	of information	to constantly	update	and	enhance	safety	protocols.

 CAELUSUAV only	operates	in	secured	areas	that	are	strictly	controlled,	are away	from airports	and	populated	areas.

 CAELUSUAV conducts	extensive	briefings	prior	to	flight,	during	which	safety carries primary	importance.

 CAELUSUAV always	obtains	all	necessary	permissions	and	permits	prior	to operati on.
 CAELUSUAV provides	a	level	of	safety	at	least	equal	to	existing	rules,	and	in nearly every	instance,	greater	than	existing	rules.	It	is	important	to	note	thatabsent	the integration	of	commercial	UAS's	into	our	national	airspace	system, helicopters	are	the primary	means	of	aerial	photography.	While	the	safety record	of	such	helicopters	is remarkably	astounding,	it	is	far	safer	to	operate a	battery	powered lightweight	UAS.
o First,	the	potential	loss	of	life	is	diminished	because	UAS's	carry	no people	on	board and CAELUSUAV only	operates	in	specific	areas	away from	mass	populations.
o Second, there	is	no	fuel	on	board	a	UA, S and	thus	the	potential	for	fire or	explosions	is	greatly diminished.
o Third,	the	small	size	and	extreme	maneuverability	of CAELUSUAV UAS's allow	our	remote	control	pilots	to	avoid	hazards.
o Lastly,	given	their	small	size	and weight,	even	when	close	enough to capture	required	images, CAELUSUAV UAS's	need not	be	so	close	to the	objects	they	are	focused	on. Accordingly, CAELUSUAV UAS's have	operated	and	will	continue	to	operate	at	and above	current	safety	levels.
In	s ummary	the	FAA	may	publish	in	the	Federal	Register:

 14	C.F.R.	21	and	14	C.F.R.	91:	Airworthiness	Certificates,	Manuals	and	the	Like. 14 C.F.R.	21,	Subpart	H,	entitled	Airworthiness	Certificates,	sets	forth requirements	for procurement	of	necessary	airworthiness	certificates	in relation	to	FAR§	91.203(a)(l). The	size,	weight	and	enclosed	operational	area of CAELUSUAV UAS's	permits exemption	from	Part	21	because CAELUSUAV UAS's	meet	an	equivalent	level	of	safety pursuant	to	Section	3	3	3	of	the Reform	Act.	The	FAA	is	authorized	to	exempt	aircra ft from	the	airworthiness certificate	requirement	under	both	the	Act	(49	U.S.	C.	§	44701 (f))	and A. Section	333	of	the	Reform	Act.	Both	pieces	of	legislation	permit	the	FAA	to exempt UAS's	from	the	airworthiness	certificate	requirement	in consideration	of the	weight, size,	speed,	maneuverability	and	proximity	to areas	such	as	airports	and	dense populations. CAELUSUAV UAS's	meet	or exceed	each	of	the	elements.
o 14	C.F.R.	91.7	(a)	prohibits	the	operation	of	an	aircraft	without	an airworthiness certificate. As	no	such	certificate	will	be	applicable	in the	form	contemplated	by	the FARs,	this	Regulation	is	inapplicable.
o 14	C.F.R.	§	91.9	(b)	(2)	requires	an	aircraft	flight	manual	in	the aircraft.	As	there	are no	pilots	or	passengers,	and	given	the	size	of	the UA S's,	this	Regulation	is inapplicable.	An	equivalent	level	of	safety	will be	achieved	by	maintaining	a	manual	at the	flight	operations	center. The	FAA	has	previously	issued	exemptions	to	this regulation	in Exemption	Nos.	8607,	8737,	8738,	9299,	9299A,	9565, 95658,	10167, 10167A,	10602,	10700	and	32827. 14	C.F.R.	§	91.121	regarding altimeter	settings	is	inapplicable	insofar	as CAELUSUAV UAS's	utilize electronic	global	positioning	systems	and	internal	gyroscopes	to provide spatial	coordination.o 14	C.F.R.	§	91. 203	(a)	and	(b)	provides	for	the	carrying	of	civil	aircraft certifications and	registrations.	They	are	inapplicable	for	the	same reasons	described	above.	The equivalent	level	of	safety	will	be achieved	by	maintaining	such	certifications	and registrations	at	the CAELUSUAV flight	operations	center.

 14	C.F.R.	§	45.23:	Marking	of	the	Aircraft. Applicable	Codes	of	Federal Regulation	require	aircraft	to	be	marked	according	to certain	specifications. CAELUSUAV UAS's	are,	by	definition,	unmanned.	They	therefore do not	have a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	or phrases. Further,	two

- inch	lettering	is	difficult	to	place	on	such	small	aircraft.	The	FAA has	previously	issued	exemptions	to	this	regulation	through	Exemptions	Nos. 8738, 10167, 10167A	and	10700.

 14	C.F.R.	§	61.113:	Private	Pilot	Privileges	and	Limitations. PIC Pursuant	to	14 C.F.R.	§§	61.113	(a)	&	(b),	private	pilots	are	limited	to	non

- commercial operations. CAELUSUAV can	achieve	an	equivalent	level	of	safety	as	achieved by curr ent	Regulations	because CAELUSUAV UAS's	do	not	carry	any	pilots	or passengers. Further,	while	helpful,	a	pilot	license	will	not	ensure	remote control	piloting	skills, though CAELUSUAV pilot	vetting	and	training programs	(based	upon	completion	of	an FAA	App roved	Ground	School	and	a self

- administered	UAS	flight	training	program and internal	procedures)	will. All	f urther,	the	risks	attendant	to	the	operation	of CAELUSUAV UAS's	is	far less	than	the	risk	levels	inherent	in	the	commercial	activities outlined	in	1 4 C.F.R.	§	61,	et	seq.

 14	C.F.R.	91.119:	Minimum	Safe	Altitudes. 14	C.	F.	R.	§	91.119	prescribes	safe altitudes	for	the	operation	of	civil	aircraft.	It	allows h elicopters	to	be operated	at	lower	altitudes	in	certain	conditions. CAELUSUAV UAS's will never	operate	at	an	altitude	greater	than	400	AGL. CAELUSUAV will, however, operate	its	UAS's	in	sectioned	off	areas	with	security	perimeters, providing	a	level	of safety	at	least	equivalent	to	those	in	relation	to	minimum safe	altitudes.	Given	the si ze,	weight,	maneuverability	and	speed	of CAELUSUAV UAS's,	an	equivalent	level	of safety	will	be	achieved.

 14	C.F.R.	91.405	(a);	407	(a)	(1);	409	(a)	(2);	417(a)	&	(b):	Maintenance Inspections. The cited r egulations	require,	amongst	other	things,	aircraft o wners	and operators	to	"have	[the]	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 prescribed	in	part	43	of	this	chapter." These	Regulations	only	apply	to aircraft	with	an	airworthiness	certificate.	They	will not,	therefore,	apply	to CAELUSUAV should	its	requested	exemption	be	granted. CAELUSUAV conducts	an	extensive	maintenance	program	that	involves	regular	software updates and	constant	inspection	for	assessment	of	any	damaged	hardware. Therefore,	an	equivalent	level	of	safety	will	be	achieved. CAELUSUAV has researched and	developed	its	own	designs.In	summary, CAELUSUAV seeks	an	exemption	from	the	following	Regulations:	14

C.F.R. 21,	subpart	H;	14	C.P.R.	45.23(b);	14	C.F.R.	§§	61.113	(a)	&	(b);	14	C.F.R.	§	91.7 (a);	14	C.F.R.	§	91.9	(b)(2);	14	C.F.R.	§	91.103(b);	14	C.F.R.	§	91.109;	14	C.F.R.	§ 91.119;	14	C.F.R.	§	91.121;	14	C.F.R.	§	91.151(a);	14	C.F.R.	§§	91.203(a)	and	(b ); 14	C.F.R.	§	91.405	(a);	14	C.F.R.	§	91.407	(a)(1);	14	C.P.R.§	91.409	(a)(2);	14 C.P.R.§	91.409	(a)(2);	and,	14	C.P.R.§§	91.417	(a)	&	(b)	to	commercially	operate	its fleet	of	small	unmanned	vehicles	and	lightweight	unmanned	aircraft	vehicles	and	to conduct	its	own	research	and	to	develop	economic	platforms	for	aerial	survey,	law enforcement	,	first	responders,	search	and	rescue.	Granting CAELUSUAV’s request for exemption	will	reduce	current	risk	levels	and	thereby	enhance	safety. Further, CAELUSUAV operates	at	lower	altitudes	and	in	controlled	airspace. CAELUSUAV has	been	analyzing	flight	data	and	other	information	in	compiling	novel safety protocols	and	the	implementation	of	a	flight	operations	manual	that	exceeds currently accepted	means	and	method s	of	safe	flight.	There	are	no	people	on	board CAELUSUAV UAS's	and	therefore	the	likelihood	of	death	or	serious	bodily	injury	is significantly limited. CAELUSUAV operation	of	its	UAS's,	weighting	less	than	55 pounds	and	traveling at	speeds	lower	than	50	kn ots	in	cordoned	off	areas	will provide	at	least	an	equivalent level	of	safety	as	that	achieved	under	current	FARs.
CAELUSUAV respectfully	requests	that	the	FAA	grant	its	exemption	request	without delay.	The	FAA	has	the	authority	to	issue	the	exemption	sou ght	by CAELUSUAV pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726	(1958),	as	amended	(the	"Act"). Respectfully	submitted	by: Nicholas	J.	Sanders,	Principal CaelusUAV,	LLC 15136	Regal	Oak	Lane Frisco,	Texas	75035 214

- 796

- 6425 nick@caelusuav.com