US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
January 8, 2016


### Jeffrey LaRoche Tahoe Aerial Imagery 1935 Marconi Way South LakeTahoe, CA 96150**jJ$~lm~n®.Ph.~.rt~.r.~.n~l** U.S Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590**(\"'''~**..**_;~** ,:·,:::::::::;1·**~~**

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Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91 .103; 14CFA 91 . 109; 14CFR 91

.119(c); 14CFA 91 .121 ; 14CFA 91 .151 (a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), 

### Jeffrey LaRoche hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.

Thankyou in advance for your consideration.Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas:



### 1. Real Estate 2. Videography I Photography 3. Search and Rescue 4. Publicand Private Events 5. Environmental Research

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document undercontrolled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is 

### Jeffrey LaRoche Tahoe Aerial Imagery 1935 Marconi Way South LakeTahoe, CA 96150**i1~~1m..~n~c.h~rt~.r~** 

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### From whichtheexemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 

### &(b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91 .103 14CFR91.109 14CFR91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)

### As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitionerand carrying no passengers or crew, ratherthan a manned aircraftofsignificantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find that the UAS operation enabled bythis exemption is in the public interest.

Jeffrey LaRoche Will operate one or more ofthe Following model UAS

DJI Phantom 3

### Adv.

Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and·conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:



### 1.The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).



### 4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 

### 25°/o battery power reserve or30 minutes offlight time whichever occursfirst.



### 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimurn of20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day's flights consisting ofall the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log.each flight.

14. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as U.S. DepartmentofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations atcloser range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive upto date informationforthe particular UAS to be operated.

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

17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will havethe capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case ofemergencieswith
an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, oremergencies such as low battery.

21. Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable GOA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Giventhe size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49**U~S.C.§44701** (f)) and Section333 ofthe Reform Act both authorize the FAAto exempt ai:·craft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteriademonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at leastassafe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

### 21, Subpart H. Lastly, application·ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the UAS, dueto its size, speed of operation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe 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 displayon that aircraft
neareach entranceto 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 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capitalletter"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 displayon that aircraft
neareach entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/"'experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit orpilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015 The equivalent level of safetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. 

### § 61.113 (a) and (b The proposed UAS operations mayachieve an equivalent level ofsafety asachieved by current Regulations because the applicant's UAS do not carry any pilots

### or passengers nor property. The risks attendanttothe It is believed that.the operation and limitations setforth in the FOM will equate to the

### safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto 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. registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground control point where the pilot flying the UAS 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 insurethe safety offlight. As FAA approved rotorcraft 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 not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91 ;109: Flight Instruction. Section 91.103 provides that no person may operate acivil 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 aircraft, bytheirdesign do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe 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) allows 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 bythe FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will neveroperate at higherthan 400 AGLwith the exception that in circumstances wherethe UAS is used to survey or photograph a structure whose height exceeds 400feetAGL, the UAS will not be operated more than 200 feet abovethe highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and peoplewill not be exposed to operationswithouttheir pre obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lackofflammable fuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must complywith Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintaincruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 11 As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The applicant believesthat an exemption from 14CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property
owners or official representatives who have signed waivers will be allowed does notengenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or25°/o of battery power- whichever happensfirst. This restriction would be morethanadequate 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 mayoperate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operatea civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legibleto passengers or crew. The UAS fully loaded weighs well underthe proposed 551 b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafetywill be achieved by keeping these documents at the ground control pointwhere the pilotflying the UAS will have immediate accessto them, to the extentthey areapplicable 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 operatororowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 applyonlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuanttothe flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS isvery limited in size and will carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400feetAGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to providethe equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer•s User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant 

### Jeffrey LaRoche believes this exemption request and associated safety considerationsadequately satisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification for the granting of commercial operations ofthe applicant's UAS. Ialso feel its in the public's intereston granting the exemption, as we can educate them atthe same time. And all the positive sides of the newtechnology and the level ofsafety.

The applicant

### Jeffrey LaRoche requests your respective approval ofthis Section 333 exemption petition request.

Thankyou for your attention in this matter. Please notify

### Jeffrey LaRoche ofyour actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,



### Jeffrey LaRoche