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### U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE West Building Ground Floor Room W12-140 Washington, D.C. 20590

RE: Petition for Exemption Under Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012, public 112-95 Feb. 14, 2012, Section 333

**Dear Sir or Madam,**

**Pursuant to Section 33 of the FAA Modernization Act of 2012 and 14 CFR Part 11,** 

Low Altitude Aerial, Inc. (LAA) **, operator of Small Unmanned Aircraft Systems (UAS) , equipped to** 

**provide cost effective aerial imagery services, sea rch and rescue, commercial video recording, aerial** 

**survey, event recordings and photography as well as education, hereby applies for an Exemption from** 

**the listed Federal Aviation Regulations (FAR) to al low commercial Operations of its UAS, so long as su**  **ch**

**operations are conducted within and under The condi tions and limitations outlined herein or as may be** 

**established by the FAA As required by Section 333.**

**These limitations provide for at least an equivalen t or even higher level of safety to operations unde**  **r the**

**current regulatory structure specifically, a safety enhancement to aerial imagery and videography** 

**conducted by manned aviation operations.**

**The use of UAS for aerial imagery and videography b y**  LAA **reduces the need for personnel to use**

**manned aircraft activities to perform the same func tion. Therefore it is in the best interest of the P**  **ublic for**

**the FAA to approve the Requested exemptions.**

**The applicant, Corey Hector Perez, for** Low Altitude Aerial, Inc., **has been involved in aviation for 10**

**years and radio controlled vehicles for over 30 yea rs. Currently holds a Commercial Pilots Certificate**  **with**

**an Instrument rating received in 2008. Formally edu cated at Utah Valley University in Aeronautical** 

**Science, US Army Rotary Wing training at Fort Rucke r Alabama. Corey has an in-depth understanding of** 

**the capabilities and safety concerns involved in th is technology and that it has enormous potential be**  **nefit**

**to the community.**

**Sincerely,**

**Corey Hector Perez**

**President** Low Altitude Aerial, Inc. **(** LAA **)**

**PO Box 56975**
**North Pole, AK 99705-9998**

**907-347-0714 corey@coreyperez.com**  

### submitted: September 14, 2015Page 2 of 8



### Requested Exemptions from Regulations:

14 C.F.R Part 21.185

**Airworthiness Certificate**

LAA **recommends that in consideration of the size, weigh t, speed and limited operating area**  **associated with these aircraft and their operation, the Secretary of Transportation determines** 

**that these aircraft meet the conditions of Section 333.** 

14 C.F.R. Part 45.23(b) **Display of marks**

LAA **UAS shall be identified by serial number, registere d in accordance with 14 CFR part 47,**  **and have identification (N-Number) markings in acco rdance with 14 CFR part 45, Subpart C.**  **Markings will be as large as practicable.**

14 C.F.R. Part 61.113(a) **Private pilot privileges and limitations The FAA has found in previous grants of exemption t**  **hat a PIC with a private pilot certificate operating a UAS would not adversely affect operatio**  **ns in the NAS or present a hazard to persons or property on the ground.** 

14 C.F.R. Part 61.133(b) **Commercial pilot privileges and limitations The FAA has found in previous grants of exemption t**  **hat a PIC with a private pilot certificate operating a UAS would not adversely affect operatio**  **ns in the NAS or present a hazard to persons or property on the ground.** 

14 C.F.R. Part 91.7(a)

**Civil Aircraft Airworthiness**

LAA **recommends that in consideration of the size, weigh t, speed and limited operating area**  **associated with this aircraft and its operation, th e Secretary of Transportation determines that** 

**these aircraft meet the conditions of Section 333.**

14 C.F.R. Part 91.9(b)(2) &(c) **Civil Aircraft Flight Manual, Marking, and Placard Requirements**  **The FAA has previously determined that relief from these sections is not necessary. Relevant**  **materials may be kept in a location accessible to t he PIC in compliance with the regulations.** 

14 C.F.R. Part 91.103 **Preflight Action As FAA approved flight manuals will not be provided**  **for the aircraft an exemption will be needed. Normal procedures including but not limited**  **to; reviewing weather, flight battery requirement, landing and takeoff distances, along w**  **ill all of those found in attachment "DJI Pilot Training". An equivalent level of safety will be pr**  **ovided by preflight protocol (see attachment) to properly match the machine.** 

14 C.F.R. Part 91.109(a) **Flight Instruction**

LAA **will conduct all flight training through procedures specified in Training Instruction (see**  **attachment) during dedicated training sessions. Bas ed on previous decisions made by the FAA**  **for UAS petitions regarding this regulation,**Page 3 of 8

14 CFR 91.109 **UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is**  **achieved through the use of a control box that comm unicates with the aircraft via radio**  **communications. The equivalent level of safety prov ided because neither a pilot nor passenger**  **will be carried in the aircraft, and by the speed a nd size of the aircraft.** 

14 CFR 91.113 (a) and (b)

LAA **can achieve an equivalent level of safety as achiev ed by current regulations because the**  **UAS does not carry pilot nor passenger. While helpf ul, a pilots' license will not ensure remote**  **control piloting skills.**

14 C.F.R. Part 91.119(c)

**Minimum Safe Altitude Aircraft will be operated below 400 AGL. Flights w**  **ill be restricted to this height by changing the software height parameter to 400 feet (GPS) to ensu**  **re compliance. See below (14 C.F.R. Part 121) regarding additional safeguards.** 

14 C.F.R. Part 121 **Altimeter Settings The proposed aircraft have a barometric altimeter a**  **nd GPS derived altitude capabilities.** LAA

**recommends that the altimeter be set to zero feet A GL rather than local barometric pressure or**  **field altitude before flight. Considering the limit ed altitude of the proposed operations. When**  **new flying sites are surveyed and flights performed , GPS re-calibration will be performed to**  **ensure altitudes, locations and all safeguards are in place.** 

14 C.F.R. Part 91.151(a) **Fuel Requirements in VFR Prior relief has been granted for manned and unmann**  **ed aircraft to operate at less than prescribed minimums.** 

14 C.F.R. Part 91.203(a) and (b) **Certifications Required Original intent of these regulations was to display**  **an aircraft’s airworthiness, certification and registration documents so they would be easily avai**  **lable to inspectors and passengers. Based on the FAA Section 333 of the Reform Act, authorize**  **s the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon**  **consideration of the size, weight, speed, operational capability, and proximity to airports a**  **nd populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates t**  **hat the UAS operated without an airworthiness certificate, in the restricted enviro**  **nment and under the conditions proposed will be at least as safe, or safer, than a conventional air**  **craft (fixed wing or rotorcraft) operating with an**

**airworthiness certificate without the restrictions and conditions proposed.** 

14 C.F.R. Part 91.405(a) **Maintenance Required Given these section only apply to aircraft with an**  **airworthiness certificate, theses sections do not apply to this applicant. As a safety precaution**  **, operator will perform preflight inspections and ensure UAS is in working condition before initiatin**  **g each flight.**

14 C.F.R. Part 91.407(a)(1) **Operation after Maintenance Given this section only applies to aircraft with an**  **airworthiness certificate, theses sections do not apply to this applicant. As a safety precaution**  **, operator will perform preflight inspections and ensure UAS is in working condition before initiatin**  **g each flight.**Page 4 of 8

14 C.F.R. Part 91.409(a)(1) and (2) **Inspections Given this section only applies to aircraft with an**  **airworthiness certificate, theses sections do not apply to this applicant. As a safety precaution**  **, operator will perform preflight inspections and ensure UAS is in working condition before initiatin**  **g each flight.**

14 C.F.R. Part 91.417(a) and (b)

**Maintenance Records Given this section only applies to aircraft with an**  **airworthiness certificate, theses sections do not apply to this applicant. As a safety precaution**  **, operator will perform preflight inspections and ensure UAS is in working condition before initiatin**  **g each flight.**

Aerial Video Solutions, Inc. (LAA) **is seeking relief from all FARs above preventing ap plicant**  **from conducting cost effective aerial imagery servi ces taken at levels less than 400ft, at a speed**  **less than 87 knots (100 miles per hour. The UAS’s p roposed to be used are listed below are all**  **under 55 pounds. The UAS meets the definition of "s mall unmanned aircraft system" found in** 

**section 333 "The Reform Act". In order to obtain hi gh quality photography and video the UAS**  **will be used at speeds much less than 100 mph. Due to the UAS being battery powered there**  **are no combustible fuels onboard. Maximum flight ti me for this particular UAS is 25 minutes**  **battery life, flights to be terminated with 25% bat tery life remaining. Given the size, weight,**  **speed, and limited operating area associated with t he aircraft to be utilized.**  LAA **finds this exception to be reasonable with an equivalent, or g**  **reater, level of safety to be reached by the operator.** 

P 

### ublic Interest:

**Removal of human risk from flight operations.**

LAA **operations of UAS to perform aerial imagery and vid eography will reduce risk to life and**  **property by decreasing the requirements of personne l to operate manned aircraft to perform** 

**these tasks.**

LAA **will use battery-powered UAS that serve as safe and efficient alternatives to the manned**  **aircraft commonly utilized to conduct aerial imager y and videography. Also, the flight data,**  **inspection results, recorded observations and lesso ns learned from these operations will be**  **compiled to further enhance its current safety prog ram.** 

LAA **proposes that the exemptions requested herein apply to civil aircraft that have the**  **characteristics and that operate with the limitatio ns listed herein. These limitations provide for at**  **least an equivalent or even higher level of safety to operations under the current regulatory**  **structure because the proposed operations represent a safety enhancement to aerial imagery**  **and videography conducted by manned aircraft. Reduc tion in gas emissions associated with**  **powered flight. Improvement upon cost efficiencies associated with manned flight. National**  **policy set by Congress favors early integration of UAS into the NAS in controlled, safe, working**  **environments such as those proposed in this petitio n. In addition, the public also has an interest**  **in reducing the hazards and emissions associated wi th alternate use of helicopters to conduct**  **similar operations.**



### PRIVACY: **All flights will be conducted in accordance with an y and ALL federal, state and local laws**  **regarding privacy**Page 5 of 8



### Aircraft and Equipment requested to be used for com pensation or hire:

**All aircraft weigh less than 55 pounds and will be flown less than 87 knots (100 Miles Per Hour)** 

LAA **proposes to use Five unmanned aircraft systems (UAS ) for aerial video & still photography** 

**Tarot "680PRO" (Six-Axis Hexacopter) – Equipped wit h the DJI NAZ-M V2 Control, GPS and**  **Navigation (same system as other DJI UAS). PIC will operate UAS in safe manner that will not**  **pose threat to person or property and with assistan ce from a visual observer (VO)** 

**Team Blacksheep "Discovery Pro" (Quad-Rotor) – Equi pped with the DJI NAZ-M V2 Control,**  **GPS and Navigation (same system as other DJI UAS). PIC will operate UAS in safe manner**  **that will not pose threat to person or property and with assistance from a visual observer (VO)** 

**Readymade RC "SkyHunter" (Fixed wing) - Equipped wi th uThere "Ruby" / EagleTree "Vector"**  **Flight Control, GPS and Navigation (battery monitor , return to home and "Geo Fence" capability.**  **PIC will operate UAS in safe manner that will not p ose threat to person or property and with**  **assistance from a visual observer (VO)**

**Skywalker "X8" (Fixed wing) - Equipped with uThere "Ruby" / EagleTree "Vector" Flight Control,**  **GPS and Navigation (battery monitor, return to home and "Geo Fence" capability. PIC will**  **operate UAS in safe manner that will not pose threa t to person or property and with assistance**  **from a visual observer (VO)**

**Range Video "RV Jet" (Fixed wing) - Equipped with u There "Ruby" / EagleTree "Vector" Flight**  **Control, GPS and Navigation (battery monitor, retur n to home and "Geo Fence" capability. PIC**  **will operate UAS in safe manner that will not pose threat to person or property and with**  **assistance from a visual observer (VO)**

LAA will use the following ground support equipment :

**Windows laptop Ground Control Station (DJI & uThere equipped Aircraft)** 

**Futaba 14SG transmitter and ImmersionRC transmitter (UHF) on fixed wing aircraft (SkyHunter,**  **X8 and RV Jet). (FCC License: KL4DA)**

**If the UAS loses communications or loses its GPS si gnal, it will return to a pre-determined**  **location within the planned operating area and land or be recovered in accordance with the**  **operating documents. (DJI and uThere)**

**Altitude awareness will be maintained via "geo fenc e" / pre-programmed Altitude "ceiling" and a**  **radio communications telemetry data link, which dow nlinks from the aircraft to the PIC for active**  **monitoring of the flight path. The altitude informa tion will be generated by GPS equipment**  **installed on the aircraft. Prior to each flight, a zero altitude initiation point will be established**  **and confirmed for accuracy by the UAS PIC.** 

Pilot In Command: **Prior to commercial operations conducted for the pu rpose of aerial imagery and videography,**  **search and rescue, commercial video recording, aeri al survey and public event**  **recordings/photography or educational events,**

**The PIC will:**Page 6 of 8

**Have a minimum of twenty hours of total time as a U AS pilot** 

**At least ten hours logged as a UAS pilot with simil ar UAS type (quad or hex rotor)** 

**Have a minimum of five hours as a UAS PIC operating the make and model of the UAS** 

**Three take-offs and landings in the preceding 30 da ys.** 

**Demonstrate DJI Pilot Training proficiency**

LAA **will not permit any PIC to operate unless the PIC m eets the operator’s qualification criteria**  **and demonstrates the ability to safely operate the UAS in a manner consistent with how the**  **UAS will be operated under this exemption, includin g evasive and emergency maneuvers and**  **maintaining appropriate distances from persons, ves sels, vehicles and structures.** 

**PIC qualification flight hours will be logged. The VO will also be required to complete the**  **operator’s training requirements. A record of train ing will be documented and made available**  **upon request by the Administrator**



### Visual Observer: **All operations will utilize a visual observer (VO). The VO may be used to satisfy the VLOS**  **requirement as long as the PIC always maintains VLO S capability. The VO and PIC will be able**  **to communicate verbally at all times. Electronic me ssaging or texting will not be permitted during**  **flight operations. The PIC will be designated befor e the flight. The PIC will not transfer his or her**  **designation for the duration of the flight. The PIC will ensure that the VO can perform the**  **functions prescribed in the operating documents. Th e VO will not perform any other duties**  **beyond assisting the PIC with seeing and avoiding o ther air traffic and other ground based**  **obstacles/obstructions and is not permitted to oper ate the camera or other instruments.** 



### Training: **Will Include and require:**

**DJI Pilot / Flight Training Guide: (see attachment)**



### Maintenance: **LAA will carry out its maintenance, inspections, an d record keeping requirements, in**  **accordance with the manufacturer operating document s and manuals. Maintenance, inspection,**  **alterations, and status of replacement/overhaul com ponent parts will be noted in the aircraft**  **records, including total time in service, descripti on of work accomplished, and the signature of**  **an authorized LAA person before returning the UAS t o service.**  

### Flight Operations:

**All flights will occur under Visual Flight Rules Me teorological Conditions (VFR) only.** 

**All operations must utilize a VO. The VO may be use d to satisfy the Visual Line of Sight (VLOS)**  **requirement.**

**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.**Page 7 of 8

**Mission planning will be accomplished prior to flig ht. A preflight briefing will be conducted by the**  **PIC and VO, as well as with any other observers (co mpany representatives, licensed**  **inspectors, etc.) prior to commencement of operatio ns.** 

**PIC must conduct a pre-flight inspection and determ ine the UAS is in a condition for safe flight.** 

**The Ground Control Station will be included in the preflight inspection.** 

**All maintenance and alterations will be properly do cumented in the aircraft records. to each**  **flight the PIC will inspect the UAS to ensure it is in a condition for safe flight** 

**The UAS will be operated within visual line of sigh t (VLOS) of the PIC at all times.** 

**The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL),** 

**UAS operations will not be conducted during night,**

**UAS will be operated with all manufacturer safety b ulletins.** 

**The UAS will not operate within 5 miles of an airpo rt** 

**The PIC must abort the flight in the event of unpre dicted obstacles or emergencies.** 

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

**The PIC is prohibited from beginning a flight unles s (considering wind and forecast weather**  **conditions) there is enough power to fly at normal cruising speed to the intended landing point**  **and land the UAS with 25% battery power remaining.**

**All operations shall be conducted over private or c ontrolled-access property with permission**  **from the land owner/controller or authorized repres entative. Permission from land**  **owner/controller or authorized representative will be obtained for each flight to be conducted.** 

**The UAS may not be operated less than 500 feet belo w or less than 2,000 feet**  **horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC.** 

**The UAS may not be operated by the PIC from any mov ing device or vehicle.** 

**The UAS must remain clear and give way to all manne d aviation operations and** 

**activities at all times.**

**Operating characteristics and maintenance procedure s are outlined in the attached operations**  **user manuals. The radio frequency spectrum used for operation and control of the UA will**  **comply with the Federal Communications Commission ( FCC) or other appropriate government**  **oversight agency requirements.**

LAA **shall obtain all necessary consent and permissions prior to operation of those being**  **filmed or an agreement to be in the designated film ing area prior to filming taking place.** 

**Documents used by the operator to ensure the safe o peration and flight of the UAS and** Page 8 of 8

**any documents required, will be available to the PI C 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. Before conducting operations, the radio frequency s**  **pectrum used for operation and control of the UAS shall comply with the Federal Communication**  **s Commission (FCC) or other appropriate government oversight agency requirements.** 



### Conclusion:

LAA **requests a review of the aforementioned relief requ est at the earliest date practicable. We**  **believe we have addressed all the requests and requ irements set forth by Section 333 relief**  **guidance and that our request is in line with previ ously approved relief requests. It is our**  **recommendation that the Secretary of Transportation and FAA approve the exemption for Low**  **Altitude Aerial, Inc., due to the favorability of t he public interest and the ability of the exemption**  **to provide a level of safety at least equal to that provided by the rules from which exception is**  **being sought.**

**Sincerely,**



### Corey Hector Perez

**President** Low Altitude Aerial, Inc. **(** LAA **)**

**PO Box 56975**
**North Pole, AK 99705-9998**

**907-347-0714 corey@coreyperez.com** 

ATTACHMENTS: **DJI Training Manual - http://download.dji**  **innovations.com/downloads/phantom_2_vision_plus/en/ Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.**  **pdf** 

### DJI Naza M V2 User Manual - **http://download.dji-innovations.com/downloads/nazam -v2/en/NAZA**  **M_Quick_Start_Guide_v1.28_en.pdf** 

### DJI Safety Guidelines - **http://download.dji-innovations.com/downloads/inspi re_1/en/Inspire_1_Safety_Guidelines_en.pdf**  

### uThere Ruby Manual - **http://uthere.com/products/ruby/documentation/quick _start.html**  

### Academy of Model Aeronautics Safety Code - **http://www.modelaircraft.org/files/105.pdf** 

### Eagletree Vector Manual - **http://eagletreesystems.com/Manuals/vector.pdf**