October 21, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12

‐ 140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization & Reform Act of 2012

Dear Sir of Madam:

Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and 14 CFR

Part 11, NBC Construction Documentation, LLC, wishes to operate small Unmanned Aircraft Systems

(UASs) equipped to conduct aerial photography and survey for various industries and hereby applies for

an exemption from the Federal Aviation Regulations (FARs) listed below to allow operations of our UAS

commercially in the National Airspace System (NAS) so long as such operations are conducted with and

under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Contact Information:

NBC Construction Documentation, LLC.

Russell Bollig

206 6 th Ave, Suite 1104

Des Moines, IA 50309

Office: (515) 401

‐ 5658; Cell: (515) 441

‐ 0448

Email: r.bollig@multivista.com

Specific Sections of 14 CFR from which we are seeing relief:



### 14	C.F.R. Pa rt 21

14	C.F.R.	45.23 (b )

14	C.F.R.	61.113(a )	and	(b )

14	C.F.R.	91.7 (a )

14	C.F.R.	91.9 (b) (2)

14	C.F.R.	91.103

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) & (b )

14	C.F.R.	91.205 (b )

14	C.F.R.	91.215

14	C.F.R.	(91.401

‐‐‐ 91.417)The extent of relief we seek and the reason we are seeking relief:

The requested exemption would permit NBC Construction Documentation, LLC, to pursue its commercial

interests in providing services to consumers interested in aerial photography using small, lightweight

(less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use in the

following areas:

 Construction & Agriculture Monitoring

 Fine Art & Real Estate Photography

 UAS Operator Training

 Promoting the Safe & Effective Use of Small UAS Technology

Public Interest:

NBC Construction Documentation, LLC. will be using UASs in applications that either required full

‐ size

aircraft, or where unable to be completed in the past. Reducing the risks of flying full sized aircraft at

low altitude and providing safe operations is in the public’s interest. By granting an Exemption, NBC

Construction Documentation, LLC. will provide safe and compliant operations.

Additionally, for a small

‐ business or a private individual the expense of utilizing a fixed

‐ wing or rotor

‐

wing aircraft is cost

‐ prohibitive. For the past decade the operating cost of a fixed

‐ wing or rotor

‐ wing

aircraft has increased dramatically. The high cost has prevented small business and private individuals

from utilizing manned aircraft of aerial photography for tasks such as marketing, survey and fine art

purposes.

Safety :

The UAS system that will be used is the DJI Phantom 3. The UAS will be safely operated in the NAS by

maintaining line of sight visual contact, flown only during daylight, and less than 400ft above ground.

Flight will be operated at a lateral distance of no less than 100 feet from any persons or property not

associated with operation. All flights will be preplanned and owner approval will be obtained for lights

over personal property. Additional safety features on the DJI Phantom 3 include return to home

functionality when GPS is available and failsafe technology that return the aircraft to takeoff point if

batteries run low.

Additionally, the max flight time for the UAS will be limited to maintain a reserve of 25% battery power.

At all times, the UAS will be operated in accordance with the safety and operational requirements of the

manual.

Preflight would include checking the operation of the UAS to include the battery in both the transmitter

and the UAS, the condition of the body of the UAS and its propellers. Updates to the firmware will be

done as they become available and maintenance will be performed pursuant to the manufacturer’s

recommendations. The area in which the drone will be flown will be checked for powerlines, antennas,

### ATTACHMENT A

EXEMPTION REQUESTS AND EQ UIVALENT LEVEL OF SAFETY

NBC	Construction	Documentation,	LLC. requests an exemption from the following

regulations as well as any additional regulations that may appl y to the operation of the UAS:

14 CFR Part 21, Airworthiness Certificates

This part establishes the proce dures for the issu ance of an air worthiness certificate. While the

FAA continues to work to develop airworthiness standards for Un manned Aerial Systems, we

request an experimental certifi cate be issued for the DJI Phant om 2 Vision Plus, Phantom 3, and

Inspire 1 UAS.

14 CFR 45.23 Display of marks; ge neral and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" a nd the aircraft's

registration number in letters at least 3 inches high. Addition ally, the aircraft must display the

word "EXPERIMENTAL" in letters a t least 2 inches high near the entrance to the cabi n, cockpit,

or pilot station. The small UAS does not have an entrance in wh ich the word

"EXPERIMENTAL" can be placed, a nd may not have a registration n umber assigned to it by the

FAA. We propose to achie ve an equivalent level of safety by inc luding the word

"EXPERIMENTAL" in the placa rd on the top of the UAS.

14 CFR 61.113 Private pilo t privileges and lim itations: Pilot i n Command and

61.133 Commercial pilot priv ileges and limitations.

The regulation provides that no person that holds a Private Pil ot certificate may act as Pilot in

Command of an aircraft for compe nsation or hire. Subparagraph ( b) allows a private pilot to act

as Pilot in Command of an airc raft in connection with any busin ess 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 comp ensation or hire. Our proposed o perations require that the PIC

must hold at least a Private Pilo t Certificate issued by the FA A and since the aircraft cannot

carry passengers or property, we feel we meet the

intent of 61.113 Subparagraph (b) even though the intent of thi s application is to conduct a

business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an a irworthiness

certificate.

As no such certificate will be applicable in the form contempla ted by the FARs, this

Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight m anual, marking, and placard requirements.

This regulation provides that no person may opera te an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this re quirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. We request an

### exemption to this requirement since the aircraft is not only to o small to carry documentation, the

documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we

propose that a current, approved UAS Flight Manual must be avai lable to the crew at the

ground station at all times.

14 CFR 91.103 Ultralight Vehicles

This regulation would not apply as this pertains only to Ultral ight Vehicles.

14 CFR 91.109 Flight Instruction; Simulated instrument flight a nd certain flight tests

The regulation states "No person may operate a civil aircraft t hat is being used for flight

instruction unless that aircraf t has fully functioning dual con trols." The UAS System groundbased control station consists o f a small hand-held radio trans mitter and while it does not offer a

second set of "controls", both th e student and instructor can, and will, operate the single set of

controls simultaneously. With both student and instructor havin g "hands-on" the controls during

flight, we feel that this tec hnique meets the intent 91.109 and provides an equivalent level of

safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the ai rcraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Sin ce the typical mission of the UAS

would be photography or survey of persons, vessels, vehicles or structures it would be

necessary to operate closer than 500 feet to the items listed. Operations w ill onl y be flown over

property or persons where permi ssion has been obtained either

verbally or in writing. The aircraft will be operated at a low altitude allowing, if there is a loss of

propulsion, an emergency landing without undue hazard to person s or property on the surface.

Therefore we maintain that due t o the small size of the UAS, th e hazard to persons, vehicles and

structures is minimal compared to manned aircraft, which should be considered in granting the

exemption.

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising a ltitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The UAS will a lways fly below

600 feet AGL and will not need to ma intain cruising altitudes i n order to prevent conflict with

other aircraft. An AGL altimeter measurement above the takeoff point is transmitted

via radio from the UAS on-board c omputer to the display screen held by the UAS

operator, providing a consta ntly updated AGL readout.

14 CFR 91.151 Fuel requirements f or flight in VFR conditions.

The regulation provides that no p erson may begin a flight in an airplane under day-VFR

conditions unless there is enough fu el to fly to the first poin t of intended landing and to fly

after that for at least 30 minutes. We feel the intention of th is paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The UAS are b attery operated and the

maximum duration of flight from a single battery charge is 12-4 5 (depending on which UAS)

minutes with a 20% reserve. Since the aircraft will never fly m ore than 1/2

### NM from the point of intended landing, a full battery charge at launch will ensure that we

meet the reserve energy requirement of this paragraph. We also request exemption from the 30

min reserve and ask that our reserve will be to fly the mission to the point of intended landing

and have at least a 20% ba ttery reserve after that.

14 CFR 91.203(a) & (b) Civil airc raft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned

to the aircraft and a registration certificate must be aboard t he aircraft. Additionally,

subparagraph (b) provides that t he airworthiness certificate be "displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew." A small UAS i s t oo small to carry

documentation, does not have an entrance, and is not capable of carrying passengers or crew. To

obtain an equivalent level of safety and meet the intent

of 91.203, we propose that documents deemed appropriate for thi s aircraft by the FAA w ill be

collocated with the crew at the ground control station and avai lable for inspection upon request.

In order to identify the aircraft , we propose that the informat ion found on airworthiness and

registration certificates be permanently affixed to the aircraf t via placard containing the

following information plus the word "EXPERIMENTAL" to satisfy t he requirement of 14 CFR

45.23.

14 CFR 91.205 Aircraft Accident Liability Insurance (Interstate or Foreign Air

Transportation - Not Applicable)

This regulation would not apply a s our operations do not includ e interstate or foreign air

transportation.

14 CFR 91.215 - Use and Change of Na mes of Air Carriers, Foreig n Air Carriers and

Commuter Air Carriers

This regulation is not appli cable as we would not be operating as an air carrier.

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Mai ntenance,

Alterations

The regulation provides that the operator is primarily responsi ble for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 4 3. Paragraphs

91.407 and 91.409 require that the aircraft be "approved for re turn to service by a person

authorized under 43.7" after maint enance and inspection. It is our intention that the PIC

perform maintenance and inspecti on of the aircraft and "be auth orized to approve the

aircraft for return to service." The UAS operator will ensure t hat the aircraft is in an

airworthy condition prior to every flight and in addition, cond uct detailed inspections after

every two hours of flight. Main tenance performed by the UAS ope rator is limited to

repairing small cracks, replaci ng a propeller, checking electri cal and updating sof t w are a nd

firmware for the on-board comput er. All other maintenance will be performed by the

manufacturer or their designate d repair facility. The UAS opera tor will document work

performed in accordance with 91.417 in the attached Maintenance Log.

### ATTACHMENT B

MAINTENANCE LOG

MODEL: _______________________ SERIAL NUMBER: __________________

DATE SUMMARY OF MAINTENANCE SIGNATURE RETURN

TO SERVICE

### ATTACHMENT B

FLIGHT LOG

DATE LOCATIO

N OPERATOR &

OBSERVER

NAME CUSTOMER MISSION DO VFR

CONDITIONS

EXIST AIRSAPCE

STATUS NOTES