8 January 2016

U. S. Department of Transportation

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA R eform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91 .103; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91 .407 (a) (1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417 (a) and (b)

To whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 CFR Part 11, Alpha Aerial Media LLC, operator of an U nmanne d Aircraft System

(UAS), hereby applies for exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operations of its UAS, so long as such operations are conducted within and

under the conditions outlined herein or as may be est ablished by the FAA as required by Section

333. This request for exemption is similar, if not identical, to many previousl y submitted requests that have received exemption.

Commercial operation of an UAS, as described herein, which a re equipped with camer a(s) and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or priv ate use including real estate, architecture, land surveying, engineering and other r elated professional activities. 2. Aerial video and/or p hotography for public and/or private us e including television, public

events, cin ematography and news gathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial i nspection/photography of residential/commercial utility infrastruc ture including but not limited to electrical power lines, wind turbines, and cell towers. 5. Aerial video/photography or providing live video feed assist with search and rescue operations

in case of an emergency or natural disaster when local authorit ies or government has reques ted it by contract or donation. 6. The ability to offer training to persons individually or be longing to both private and/or public organizations that have interests i n the use an d application of a UAS for the purpose of the safe operation of a UAS to enhance the s afety of the National Airspace System (NAS) as well as for the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under controlled, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermi ned and d) will provide safety enhancements to the already safe operations i n the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA’s Administrato r’s) responsi bilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.”The name and address of the applicant:

Alpha Aerial Media, LLC

Shawn M. Brennan

Phone: 732

- 241

- 8752

Email: alphaaerialmedia@gmail.com

Address: 15 Sunnyside Road, Howell, NJ 07731

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.3

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR.109

14 CFR.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)Alpha Aerial Media, LLC will ope rate a DJI Phantom 3 Advanced. The UAS will be powered

using lithium polymer batteries and controlled with a remote transmi tter operating on 2.4Ghz band. The applicant will operate in line of sight within a closed off and predetermined area

owned by the pro perty representative.

Given the small size of the UAS and the controlled env ironment provided, the proposed operations will adhere to the Reform Act’s safety requirements. Th e approval of this application presents no national security issues. Regarding t he level of s afety surrounding the proposed operations and the public benefit, reduction in environmental impa cts, including but not limited to reduced emissions and noise, the grants of the requested exempt ion is in the public interest. Accordingly the applicant requests that the FAA grants the re quested exemption with minimum delay.

Aircraft and Equivalent Level of Sa fety

The operation limitations proposed for an equivalent or higher leve l of safety because operations will further enhance the safety of the persons and/or proper ty using conventional aircraft. These limitations and conditions to which the applicant agree s to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations

Manual incl ude:

1. The UAS will weigh less than 55 lbs.

2. The UAS will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be 30 m inutes. Flights will be terminated at 25% battery power reserve or 30 minutes o f flight time whichever occurs

first.

5. Flights will be operated at an altitude of no more th an 400 feet Above Ground Level (AGL) and no t more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator.

7. The UAS pilot will be a designated Pilot in Command (PIC) and hold a Commercial Pilot’s License along with a Second or higher Class Medical Certificate. If the PIC feels another operator to be qualified with the necessar y skills to be PIC & possess a

Commercial Pilot’s License along with a Second or higher C lass Medical Certificate, that person may be designated PIC provided they have a mini mum of 20 hours of flight time

with the UAS.

8. A briefing will be performed regarding the planned UAS o perations prior to each day’s flight consisting of all the days’ production activities.9. All flights will occur under Visual Flight Rules M eteorological Conditions (VMC)

only

.

10. The flights will occur no closer than a 5 mile radius of t he geographic center/Airport

Reference Poi nt (ARP) of a tower controlled or uncontrolled airport.

11. If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airpor t the respective airports will be contacted advis ing them of the estimated flight time, flight duration, elevation of flight and other pertinent information.

12. The operator will file FAA Form 7711

- 1, or its equivalen t, as modified in light of the requested exemption, with the appropriate local Flight St andards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

13. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting pers ons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet ba sed upon an equivalent level of safety determination, as required un der the FOM. With the advanced permission of the FSDO, operations at closer range may be appr oved.

14. 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.

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

16. Written and/or verbal permission and permits will be obt ained from territorial, state, county or city jurisdictions, including law enforcem ent, fire or other appropriate governmental agencies.

17. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determine d location within a designated location and land autonomously.

18. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91. 203 (a) (1). Give n the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent le vel of safety under Part 11 and

Section 333 of the Reform Act. The Federal Avi ation Act (49 U. S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircr aft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airpo rts and populated areas of the particular UA S. In all cases, an analysis of these criteria demonstrates that the UAS operated without an ai rworthiness certificate, in therestricted environment and under the conditions proposed will be at least as safe, or safer, than a

conventional aircraft (fixed wing or rotorcraft) operating wi th an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

p assenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator an d under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operation s conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, loca tion of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

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

The regulation requires: When marks include only the R oman capital letter "N" and the registration number is displayed on limited, restricted or l ight

- sport category aircraft or experimental or provisionally certificated aircraft, the operator mus t 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," "l ight

- sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as t he UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS mar ked on its fuselage as required by §45.29 (f) where the pilot, observer and others wo rking with the UAS will see the identification of the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for c ompensation or hire. Alpha Aerial Media, LLC may achieve an equivalent level o f safety as achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The

risks attendant to the operation of UAS is far less than the risk le vels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limita tions set forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulat ion requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be gran ted, no FAA regulatory standard will exist for determining airwor thiness. Given the size of the airc raft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- regist ered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless is available in the aircraft a current approved airpla ne or Rotorcraft Flight Manual

, approved manual material, markings, and placards, or any comb ination thereof. The UAS, given its size and configuration has no ability or place to carry such a fli ght manual on the aircraft, not only because there is no pilot on board, but because there is no ro om or capacity to carry such an item on the aircraft. The equivalent level of safety will be m aintained by keeping the flight manual at the ground control point where the pilot flying the UA S will have immediate access to it.

14 C.F.R. § 91.103:

Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorc raft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but no t limited to reviewing weather, flight battery requirements, landing and takeoff distances and a ircraft performance data before initiation of flight.

14 C.F.R. §91 .109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircr aft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a con trol box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraf t and for flight instruction in experimental aircraft. The equivalent level of safety provided by the f act that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allow s helicopters to be operated at less than the minimums prescribed , provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption r equests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevate d platform from which filming is planned, an exemption may be needed to allow such operation s. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a s tructure whose heigh t exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where b uildings and people will not be exposed t o operations with out their pre

- obtained consent.The equivalent level of safety will be achieved given the size, w eight, speed of the UAS as well

as the location where it is operated. No flight will be take n without the permission of the

property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcr aft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conven tional aircraft operating at or

below 500 AGL. In addition, the low

- altitude op erations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft t o maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the depa rture airport or an appropriate altimeter setting available before departure.” As the UAS may n ot have a barometric altimeter,

but instead a GPS altitude re ad out, an exemption may be needed . An equivalent level of safety will be achieved by the operator, pursuant to the safety check list a nd live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before fli ght.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditio ns) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruis ing speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 30 min utes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and

the lo cation of its proposed operations within a predetermined area, a longer time frame for fligh t in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Ope rating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers wil l be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additiona lly, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemp tion will be granted. Applicant believes that an equivalent level o f safety can be achieved by limiting flig hts to 30 minutes or 25% of battery power

— whichever happens first. This restrict ion would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:(a) Except as provided in § 91.715, no person may operate a civil a ircraft unless it has within it

the following: (1) An appropriate an d current airworthiness certificate. . .

(b) No person may operate a civil aircraft unless the airwor thiness certificate required by paragraph (a) of this section or a special flight authorization issue d under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operat ed without an onboard pilot. As such, there is no ability or place to carry certification and regis tration documents or to display

them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required ins pections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of t his chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an a irworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equ ivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanica l issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, pe rform required maintenance, and keep a log of any maintenance performed. Moreover, the opera tor is the person most familiar

with the aircraft and best suited to maintain the aircraft in an air worthy condit ion to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspe ctions will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure tha t the UAS is in working order prior t o initiating flight and perform required maintenance needed.Additional Information

The applicant, Shawn M. Brennan, has been involved and piloting of remote controlled aircraft for more than 10 years. Additional members o f Alpha Aerial Media, LLC are certified commercial or private pilots with medical certificates and will be the primary pilots used. Satisfaction of criteria provided in Section 333 of the Refor m Act of 2012 provide more than adequate ju stification for the grant of the requested exe mptions allowing the commercial operation of the applicant’s UAS.

Sincerely,



# Shawn M Brennan

Shawn M. Brennan