Ace Construction Enterprises, LLC

17 Sand Hill Road Asheville, NC 28806

1

- 828

- 301

- 0840

January 2, 2016

US Department of Transportation
Federal Aviation Administration 800 Independence Ave SW Washington DC 20591

Dear Sir or Madam:

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

CFR Part 11 , Ace Construction Enterprises, LLC , owner and operator of Small Unmanned Aircraft Systems (UASs), requests to be exempted from the Federal Aviation Regulations (FA R) listed
below so tha t Ace Construction Enterprises, LLC may operate UASs commercially in airspace regulated by the FAA, as long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as requir ed by Sectio n 333. Ace Construction Enterprises , LLC (an excavating and building contracting business ) is owned by Shane and Amy Valliere both North Carolina resident s, with North Carolina driver’s licenses. Bjorn Larson, a qualifier as a licensed builder for Ace Construction Enterprises, LLC, is an experienced UAS and RC hobbyist and will be the PIC. Mr. Larson is also a North Carolina resident with a North Carolina driver’s license. All operations will be performed with the public’s safety and right to privacy safeguarded at all times.

As described below, the requested exception would permit the operation of light weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a n experienced UAS and RC hobbyist with over a decade of experience operating aerial RC devices thereby enhancing safety and fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsibility to” establish requirements for safe operation of such aircraft systems in nation al airspace systems.” Section 333(c), of the Reform Act.

Ace Co nstruction Enterprises, LLC UAS ( Phantom 3) is a rotorcraft weighing less than 5 5 pounds including payload. It operate s at a speed less than 50 knots and has the capability to hover and

move i n the vertical and horiz ontal plane simultaneously. It ha s an auto return to launch point when battery power is under 25%. The UAS will operate within the line of sight within a protected flight area as described below and at 200 feet AGL or less with an o bserver located close at hand as to make voice communication possible. These operations will not create a hazard to users of the nation airspace, pu blic nor the environment. Ace Construction Enterprises , LLC respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b),91.109, 91.119, 91.121,91.151,(a), 9 1.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a )&(b). Ace

Construction Enterprises , LLC submits this application in accordance with the Reform Act, 112 P.L. 95 331334, seeking relief from any currently applicable FAR’S operating to p revent Ace
Construction Enterprises , LLC future commercial use of small UASs to operate in the national airspace system as described below. The R eform Act section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public ’s interest to do so. Ace Construction Enterprises , LLC’s UAS meet s the definition of “small unmanned aircraft”
as defined in Section 331 and t herefor the integration of the UAS is expressly contemplated by
the Refor m Act.

The Reform Act directs the Secr etary of Transportation to consider whether certain unmanned aircraft systems may operate safely in national airspace before completion of the rule making required under Section 332 of the reform Act. In making this determination, the Secretary of Transpor tation is required to determine which UASs do create a hazard to users of the national airspace system or the public or pose a threat to national security in light of the following: The

UAS ’ size, speed, weight and operational capability Operation o f the U ASs in close proximity to airports and popul ated areas Operation of the UAS’ within visual line of sight of the operator Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in national airspace.

Ace Construction Enterprises, LLC owns rotorcraft wei ghing less than 55 lbs. and it operate s at

sp eeds less than 50 knots and has the capability to operate in the vertical and horizonta l plane simultaneously. The UAS will operate only within the line of sight of the operator within a protected flight area an d at 200 feet AGL or less. It will not present a hazard to the national airspace nor the public. The very small nature of the UAS comb ined with the safe guards presented below, will allow for the safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow commercial operations of UASs to commence immediately. Also due to the size of the UAS and the areas and altitudes it will operate

, approval of this exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through our rigorous risk management process. Given the clear direction given in Sect ion 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the applicant requests that the FAA grant the requested exemption without delay.

The following will be considered as the binding limitation on operations o f Ace Cons truction Enterprises , LLC. Flights will o nly occur in the daylight hours. Flights will be operated in the line of sight of the operator (PIC) and Observer (VSO)

. Flights will be terminated at any time that weather and wind deteriorate to “unsafe for flight ” b y manufac turers recommendations. The

UAS will weigh less than 55 lbs. Flights will be operated at 200 feet AGL or less. Crew will be at a minimum of operator (PIC) and an observer and/or camera operator (VSO). O perator and crew
will remain in contact d u ring the flight operation. The UAS operator will perform a check of theflight area and make certain of the saf ety of all persons in the area. Consent will be obtained

from all persons within the image and video capabilities of the unit to further reduce the chance of violating anyone’s privacy. All required FAA clearances will be obtained and distances from airp orts strictly observed. The UAS will have the capability to return automatically to the operator in a safe manner with the auto return function ch ecked and working. Flights will only operate in VFR conditions. The UAS ha s a function on the control to tell operator the distance away from the operator and its battery power remaining. Flight team will communicate by voice and the use of two way radios if the area is too big to hear voice from all team members.
The UAS will be used to map, photograph, video and visually inspect large rural parcels and hard to navigate terrain for potential environmental conditions that can result in potential endangermen t to the public when such conditions are not addressed such as slope stabilization issues and potential sl ope failures. Additionally, the UAS will be used to inspect BMPs (Best Management Practices) and system operation so that potential failures can be do cumented and address in a timely manner to prevent possible catastrophic failures of such systems and reducing both the impact to the public and the environment. When opera ting over or near
water the UAS will be equipped with flotation devices so that reco very can be made as to prevent lithium battery exposure to the water table. 14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessar y certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operatio ns for Ace Construction Enterprises , LLC UAS flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333
of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislati on permit the FAA to exempt a UAS from airworthiness certifica tes in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense p opulations. Ace Construction Enterprises , LLC meets or exceeds each of these
elements.

As of March 23, 2015 the FAA has stated that it will aut omatically grant a “blanket” COA for flights at or under 200 AGL to any UASs operator with a section 333 exemption. 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These are inapplicable for the same reasons sta ted above. The equivalent level of safety will be achieved by maintaining such certifications and registrati ons at Ace Construction Enterprises , LLC operations center. 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness
certificat e. As no such certificate will be applicable in the form contemplated by FAR’s this regulation is inapplicable. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft 14 CFR 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 UAS, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registrati ons at Ace Construction Enterprises

, LLC operations center. The FAA has p reviously issued exemptions to this regulation in Exemptions No’s 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and

32827.14 CFR 91.119 m inimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It

allows helicopters to be operated at lower altitudes in certain condi tions. Ace Construction Enterprises , LLC will only operate its UAS at or below 200AGL. It will be operated on a will defined AOR that has been carefully reviewed for hazards and minimizes the pr esence of any persons not essential for these operations. Flights will only be over private property that the owner has consented and all persons within this video area also give consent for this filming. Compared to flight operations of conventional and t raditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel , UAS operations present a far smaller risk to the public. Approval of these 333 Exemptions allowing commercial operations of
small UASs in the ser vice of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery operated and fling below 200 feet AGL

, the risk of injury of people on the ground or the crew has been reduced or almost erased.

Gr anting Ace Construction Enterprises , LLC the above exemption will allow for the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment of the masses. Ace Construction Enterprises , LLC respectfully requests the FAA grant its exception without delay. The FAA has the authori ty to issue the exemption sou ght by Ace Construction Enterprises , LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely,

Bjorn Larson Ace Construction Enterprises, LLC
17 Sand Hill Road Asheville, NC 28806

828

- 301

- 0840