1110 Hollow Brook Lane • Malabar, FL 32950 Phone: 321
- 693 - 5963 Fax: 1 - 321 - 7 66 - 4088 www.arvideo.com Email: asommer@arvideo.com August 21, 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Sommer Partnership

- DBA A&R Video seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the Tarot 650 quadcopter and Tarot 690 Hexacopter. The requested exemption would support an application for a commercial Certificate of Autho rization to use the sy stem to support aerial photography and videography . The Tarot 650 Quad and Tarot 690 Hexa aircraft s ys tems consists of a lightweight (5

- 8 lb) battery operated aircraft, a RC Controller, and assoc iated communications equipment and came ra equipped with video down link

. Tarot 650 Quad

- currently registering Tarot 690 Hexa

- currently registering The ability

to gather high resolution photo and video has been requested by the municipal utility departments and road planning authorities at State, County and local levels for new and on going construction projects. Requests have come from insurance industry and safety

inspection professionals for an easy

to deploy and safe to operate UAV technology to enhance evaluations while reducing overa ll costs. Additionally requests have been made to A&R Video by Real Estate professionals for imagery that will enhance the value of the listing when used in promotional materials. UAVs offer an extremely versatile way

for construction project managers to e valuate worker safet y, potential routes, potential conflicts and on going construction progress. The very low noise of a small UAV combined with low altitude high resolution imagery will allow these evaluations to be conducted with little or no disruption to the general public for which a big manned aircraft would cause if used to obtain the same results. For Tourism and Real Estate, The ability to obtain imagery

that would otherwise be impossible to obtain (the UAV has the ability to follow scenic river courses through areas with dense tree canopies) or very

difficult or costly

allows them more freedom to promote the natural wonders of their states. This will increase tourism revenue and aid the state and local economies on a more environmentally

friendl y, more economic, and a safer basis. In these wildlife environments, the less noise pollution that you can produce, the better it is for the habit of the native species found there.Ty

pically the aircraft will be operated in the field with both a Pilot in Command (PI C) and a ground

- based Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" with the following additional restrictions:

- All operations will occur in Class G airspace at no more than 400' AGL

- Operations will only

be conducted with permission from the appropriate land owner

- All required permits will be obtained from state and local government prior to operation

- The aircraft will not be operated at air shows or over an open

- air assembly of people

- The aircraft will not be operated over heavily trafficked roads

- The aircraft will not be operated within 5 NM of a public airport or heliport

- Operations will be limited to day , visual meteorological conditions

- Aircraft will remain within Visual L ine of Sight at no greater than 1/4 NM of the pilot in command ( PI C ) at all time

- While the aircraft is airborne, the visual observer (VO) will be positioned within voice distance to the PI C

- PI C will file a NOTAM providing radial/DME, radius, and a date/time group for each operation a minimum of 72 hours before an y planned flight activity The PI C and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel Qualifications. Additionally , the PI C will perform r egular maintenance on the s ys tem
. Due to the simplicity

of the sy stem, we do not anticipate the need for a supplemental pilot. We submit that the combination of the aircraft's light weight, the autopilot’s demonstrated flight performance, fully

qualified f

light crew and strict operation under the guidelines established in 8900.227, the FAA can have confidence that the operation will have an equivalent or greater level of safet y of manned aircraft performing the same mission. **The name and conta ct informatio**  **n of the applicant: Sommer Partnership DBA**  **- A&R Video**  **Attn: Andrew Sommer Ph: 321**  **- 693**  **- 5963**  **Email: asommer@arvideo.com A&R Video is requesting permission to conduct UAV flight operations for :** 

 State, County , L ocal level infrastructure inspections & construc tion industry projects  Industri al Inspections and Evaluations  Insurance Industry Safety and Claims Evaluations  Real Estate Marketing  Envir onmental study

and evaluations  State, County

and Local Law Enforcement with appropriate court oversight The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109, 91.119

- 14 CFR 91.121, 91.151

- 14 CFR Subpart E (91.401

- 91.417)

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)We look forward to working with your office. Please contact us at an y time if you require

additional information or clarification. Sincerel y, Andrew B Sommer Appendices: A. Exemption Request and Equivalent Level of Safety B. Privacy

I ssue C. Safety Case C

- 1 Aircraft D . Aviation Experience**Appendix A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY**  A&R Video requests an exemption from the followin g regulations as well as an y additional regulations that may

technically

apply to the operation of the Tarot 650 Quad & Tarot 690 Hexa: **14 CFR Part 21, Subpart H: Airworthiness Certificates** This part establishes the procedures for the issuance of an ai rworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for the Tarot 650 Quad and Tarot 690 Hexa under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research and development.**  Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses fo r aircraft. **(b) Showing compliance with regulations.**  Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of ty pe and supplemental ty

pe certificates, flights t o substantiate major design changes, and flights to show compliance with the function and reliability

requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or propert y, will not carry fuel, and will only

fl y under strict operational requirements. Combined with the fact that the individual aircraft weigh 5.2 pounds for the Tarot 650 Quad, and 7.5 lbs for the Tarot 690 and they are both constructed primaril y out of plastic and carbon tubing, Ipropose that the Tarot 650 and Tarot 690 will be at least as safe , if not safer, than a conventionally certificated aircraft performing the same missions. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certificate, with the r egistration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally , subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passe ngers or crew." At 5
- 8 Lbs in weight the Tarot 650 and Tarot 690 are too small to carry documentation, do not have an entrance, and are not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, w e propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard:**Two (2) Aircraft being registered** Tarot Model: 650 Quad EXPERI TMENTAL **N -**  **number goes here** A&R Video 1110 Hollow Brook Lane Malabar, FL 32950 If found please c ontact: 321

- 693

- 5963 Tarot Model: 690 Hexa EXPERI TMENTAL **N -**  **number goes here** A&R Video 1110 Hollow Brook Lane Malabar, FL 32950 If found please contact: 321

- 693

- 5963

**14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally , the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The Inspire 1 does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may

not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERI MENTAL" on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally , we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information should it be found on the ground. Finall y, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 1/2 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. **14 CFR 91.9 Civil aircraft flight manual, marking, and placard req uirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement 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 too small to carry

documentation; the documentation would not be available to the crew. To obtain an equivalent level of safety and meet the intent o f 91.9, we propose that a current, approved Airplane Flight Manual must be available to the crew at the ground station any time the aircraft is in, or preparing for, flight. This manual will include appropriate check lists to ensure airworthiness and flight ready status.**14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133**

**Commercial pilot privileges and limitations.** The regulation provides that no person that holds a private pilot certificate may act as pilot in comman d of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employ ment; and (2) The air craft does not carry passengers or propert y for compensation or hire. **14 CFR 91.119 Minimum safe altitudes: General.** The regulation provides that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, v ehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL , we cannot comply with this requirement. To provide an equivalent level of safety we will only

fl y over property where we have received the permission of the private land owner or in the case of public entity we will fly

over the easement or right

- of

- way for State, County

and Local survey

missions . The land owner (private or public) will be briefed of the expected route of flight and the associated risks to persons and propert y on the ground. We maintain that due to the small size of the Tarot 650 and Tarot 690 aircraft and low weight @ 5

- 8 lbs , the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. (See appendix C section 6.4.1 Consideration about risks related to ground impacts) The aircraft will not be operated over congested areas nor over any open air assembl y of persons. The aircraft will be operated at an altitude allowing , if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. **14 CFR 91.121 Altimeter settings.** The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting avai lable within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conflict with other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be Above Ground Level and should be based on the barometric pressure at the point of launch. To provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground prior to every flight. Since the aircraft wil l fly no more than 30 minutes, even rapid changes in barometric pressure will have limited effect on the safety of the flight. **14 CFR Subpart E (91.401 -**  **91.417) -**  **Maintenance, Preventive Maintenance, and Alterations** The regulation provides that the ope rator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service b y a person authorized under 43.7" af ter maintenance and inspection. It is our intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." T he PI C will ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections after every

5 hours. The PI C will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PI C can ensure an equivalent level of safety.**8900.227 Pa**  **ragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer Medical.** 

This policy

provides that both the PI C and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer. The aircraft weighs 6.5 pounds and is constructed out of plastic and carbon tubing. Requiring the crew to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary

burden. We propose that the minimum m edical requirements be vision corrected to 20/20 and a valid, state

issued driver's license. Due to the size and weight of the aircraft, the greatest hazard of our proposed operation will be driving to the launch site. A licensed driver is medically qualif ied to operate a much larger vehicle. The 20/20 vision requirement will ensure that the PI C and VO can see and avoid air traffic. Given the unlikely event that both the PI C and VO become medically incapacitated while the aircraft is in flight, the Inspire 1 will recover autonomously to the landing location designated prior to launch without crew intervention.**Appendix B**

**PRIVACY POLICY** One area of notable concern requiring attention regarding public and civil use of UAS technologies is personal privacy

. A&R Video believes that an individual’s privacy is guaranteed b y our Constitution and the Fourth Amendment and is sacrosanct and the potential for UAS technology to usurp those rights is very real. As with all new technol ogy , we must move slowly in its application as we seek to include it in our daily lives. There are many

emotional issues to overcome in the use of UAS technologies and part of our job in the UAS community is to ensure we educate and gain the trust of all p eople and to ensure we are ever mindful of their privacy concerns. Through demonstrated and responsible use and communication with the public , we can show that UAS can be used in a safe and effective manner in our National Airspace Sy stem. A&R Video will compl y with all federal, state, and/or local privacy policies or rules that may appl y in particular areas where the Tarot 650 & 690 are used. Further, because we will only fl y over propert y with the permission of the appropriate land owner, the likelihood that we will collect private information of an unknown person is minimal. Imagery will be reviewed in a secure location to ensure that only the requested imagery

was obtained and any

imagery that is consi dered private will be destro yed within 72 hours.**Appendix C**



## Safety Case The **Tarot 650 Quadcopter** and **Tarot 690 Hexacopter** Aircraft have been custom constructed in house at A&R Video b y Andrew Sommer. As PIC, Andrew Sommer has over 40 years experience constructing and fl yi ng a wide variet y Radio Controlled Aircraft both fuel pow ered internal combustion engine and battery powered electric configurations. The components chosen for the construction are the finest available at the time of construction

. (see Appendix C

- 1 with build components) Each aircraft, Tarot 650 and Tarot 690, presentl y has over 20 hours of testing completed in various flight configuration to ensure safe, reliable and predicable flight performance in a variety of temperature an d wind conditions. Having constructed and tested these aircraft in house there is the added advantage of a thorough understanding of each and every component that is used and how to competently

test and evaluate them for safe flight. After an y m aintenance the aircraft will be test flown to ensure safe and reliable operation. 

## Autopilot The autopilot sy stem used on the A&R Video Tarot 650 & Tarot 690 Aircraft is the DJ I Naza V2 M autopilot. The NAZA V2 M was introduced in 2013 and has had a very reliab le and safe history . They

have constantly

sought to improve the capabilities and safet y of the autopilot sy stem to include a function that will not allow it to fly too close to airports. This function cannot be overridden and is hard coded into the softw are. 

## Operations While the autopilot sy stem supports functions at over 1.5 nautical miles (NM), with the exception request being sought b y A&R Video, all flight operations will be within 1/4 NM of the pilot. This will allow line of sight operations in an extremel y safe manner. It will allow for the pilot

- in

command to maneuver the UAV in an y needed manner to maintain a safe distance from other aircraft or people that may come within the safet y envelope established before flight. A&R Video will submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The PIC will also have a hand held radio to maintain contact with the closest ATC tower and / or local manned traffic . If there is an airport in the area that is not towered, then the radio will be tuned to the appropriate CTAF. It will be monitored 30 minutes before flight operations begin with warning calls that operations will begin at 15 min, 10 min, 5 min, and one minut e intervals. All flights will be conducted at or under 400 feet above ground level (AGL). If there are any manned aircraft within 3 NM, either operations will cease or if in contact with ATC, all operations will be conducted at 100 feet AGL with approval from local ATC. If there is manned activity with line of site of an yone associated with operations, all operations will cease until 10 minutes after the last sighting of an y manned aircraft. Once the airspace is clear of manned aircraft, operations will continue with coordination from local ATC.**Appendix C -**  **1** 

## Aircraft Components **AIRCRAFT # 1 : Tarot 650 Quadrotor**  Tarot 650 airframe

- carbon fiber Tiger Motor MN 3110

- 17 700kv motors (4) Lumenier 30 amp ESCs

- Simon K (4) Lumenier 10 x 5 carbon pr ops (4) DJINAZA V2 Controller FrSky T aranis 9x Radio Control 2.4 ghz Fatshark 250 milliwatt 5.8 ghz video transmitter

- for camera down link Tarot 2D 2 axis brushless camera gimbal GoPro Hero 4 Black camera HK Multistar 8000 mah Lipo Flight Battery AUW 5.5 lbs Average flight time: 8.5 minutes with 2 minute reserve

**AIRCRAFT # 2 : Tarot 690 Hexarotor**  Tarot 690 airframe

- carbon fiber Cobra 2221

- 16 960 kv motors (6) Lumenier 30 amp ESCs

- Simon K (6) Xoar 10 x 4 wood props (6) DJINAZA V2 Controller F rSky Taranis 9x Radio Control 2.4 ghz Fatshark 250 milliwatt 5.8 ghz video transmitter

- for camera downlink DYS 3 axis brushless camera gimbal GoPro Hero 4 Black camera HK Multistar 8000 mah batter7 2x in parallel 16,000 mah total AUW 7.5 lbs Aver a ge F light time: 12.5 minutes with 2 minute reserve**Appendix D** PRIVACY ACT INFORMATION

- NOT FOR PUBLIC RELEASE **AVIATION EXPERIENCE** As the A&R Video pilot, I , Andrew Brian Sommer, have manned and unmanned aviation experience. I hold an FAA li cense for commercial pilot and instrument rating, airplane single engine land. Igraduated from the Florida Institute of Technology with a degree in Air Commerce Flight Technology

in 1983. Pursuant to this degree, I learned how to operate multiple fixed w ing manned prop driven aircraft. After graduation I did not a pursue commercial position in the aviation industry and moved on to my

present position as owner operator of a photo / video production company , A&R Video in partnership with my wife Rowena Somm er. With the advent of GPS and stabilization technology in the earl y 2000s, I decided to integrate my passion for aviation with my professional imaging business. From 2010 to the present I have studied all the various emerging technologies relating to sm all UAV operations. Experimenting in the safe environment of Academ y Of Model Aeronautic (AMA) sanctioned airfields. Now with this industry maturing explosively , I feel there is a need for experienced UAV Pilots and UAV operations who have a clear underst anding for a higher level of competency and safet y need when fl yi ng near the public and adjacent to manned airspace. I would like to take a leading position in this growing industry

. I have been fl yi ng radio controlled aircraft since 1975 building and le arning to fl y m y first aircraft at age 15 while still in high school. Over the past 40 years I have constructed and successfully operated dozens of radio controlled aircraft of all types of configurations. Over this time I estimate I have well over 2000 fl ight hours on radio control aircraft. In that time I have instructed approximately 20 individuals in the safe operation of radio control aircraft conducting side b y side training and evaluation prior to allowing solo operations by the trainees. **Pilot Nam**  **e Total**  **Manned Hours**  **Total Unmanned** 

**Hours First**  **Name Last**  **Name** Andrew Sommer 210 2000+ (40 years)
**NOTE: As of 8/21/2015 Andrew B**  **rian Sommer's commercial certificate**  **uses the old Social Security number**  **system. A request for a new number to be issue d has been submitted to the FAA Oklahom**  **a City office.**

PRIVACY ACT INFORMATION

- NOT FOR PUBLIC RELEASE