Aerial Archer September 25, 2015

20782 Alicante Ln

Huntington Beach, CA. 92646

Ben@Aerialarcher.com

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulation

Dear Sir or Madam,

I, Benjamin Ogburn, owner of Aerial Archer, am writing pursuant to the FAA Modernization and

Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that , "Aerial

Archer", a drone business specializing in Aerial photography and videography for real estate,

architecture, land surveying, engineering, television events, public events, cinematography,

residential and commercial inspections, search­and­rescue operations, and closed set film and

movie production; be exempted from the Federal Aviation Regulations (“FARs”) listed below so

that we may operate a small ultra­lightweight unmanned aircraft system (“sUAS”) commercially

in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein, Benjamin Ogburn, is a current Airline Captain with a FAA licensed Airline

Transport Pilot certificate, with over 10,000 hours of flight experience. He has type ratings on

the B­727, DC­8, MD­11, and B­757/767. In addition, his flight experience includes over 1500

hours as Flight Instructor operating in all types of airspace, and has had a successful career for

over 20 years with no incidents or accidents.

Aerial Archer, will be operating a DJI Inspire and Phantom 3pro with intent to operate them for

commercial use following exemption and approval by the FAA. Benjamin Ogburn will be the

Chief Pilot at Aerial Archer for the proposed use of the sUAS. Exemption request would permit

operation of a small ultra­lightweight unmanned (piloted by remote control) aircraft system

(sUAS) in controlled and limited airspace. I will detail in this petition the specific regulations for

which we seek relief, offering alternate and equivalent ways of providing a level of safety at least

equal to the existing rules. This petition focuses on public safety and public benefit.

I. Contact Information:

Benjamin Ogburn Phone: (502) 386­6884

Aerial Archer

20782 Alicante Ln Email: Ben@Aerialarcher.com

Huntington Beach, CA. 92646
II. The Specific Sections of Title 14 of the Code of Federal Regulations from which

Aerial Archer requests exemption are:

14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a);

91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1);

91.409(a) (2); 91.417(a)&(b)

III. The Extent of Relief That Aerial Archer Seeks and the Reason It Seeks Such Relief:

I, Benjamin Ogburn, submit this application in accordance with the Reform Act, 112 P.L. 95 §§

331­334, seeking relief from any currently applicable FARs that would prevent Aerial Archer's

contemplated commercial use of an sUAS for photographic and videographic use within the

national airspace system(NAS). The Reform Act in Section 332 provides for such integration of

civil unmanned aircraft systems into our national airspace system as it is in the public’s interest

to do so. All of Aerial Archer's ultra­lightweight sUASs meet the definition of “small unmanned

aircraft” as defined in Section 331 and therefore the integration of our ultra­lightweight sUASs

are expressly contemplated by the Reform Act. I would like to operate our ultra lightweight

sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules

governing such craft. Thereby, providing direct experience and valuable information for formal

regulation that can be administered uniformly to all related sUAS aerial photography &

videography. The Reform Act guides the Secretary in determining the types of sUASs that may

operate safely in our national airspace system. Considerations include: The weight, size, speed

and overall capabilities of the sUAS; whether the sUAS will be operated near airports or heavily

populated areas; and, whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a).

Each of these items reflect in favor of an exemption for Aerial Archer. Our sUAS's are equipped

with GPS and auto return safety technology, and weigh approximately seven (7) pounds (far

below the maximum 55 pound limit); including camera with gimbal.

I, Benjamin Ogburn, consider safety the utmost importance with every flight. Our sUAS is

designed to hover in place via GPS and operate in less than a 19 knots (22 mph) wind. Built in

safety systems include a GPS mode that allows our sUAS to hover in place when radio controls

are released. When pilot communication is lost, the sUAS is designed to return to the point of

take­off and then slowly descend. Aerial Archer will not operate a sUAS near airports, hospitals

nor police heliports, and will not operate near areas where general public is within ninety (90) to

three hundred (300) feet depending on location, conditions and weather. We utilize a crew of

two (2), a pilot­in­command (PIC), and a spotter/ camera operator who are constantly on alert

for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land immediately to

the nearest and safest ground point should a manned aircraft approach the area of operation.

Our sUASs are capable of vertical and horizontal operations, and are flown only within line of

sight of the PIC and spotter. Utilizing battery power rather than combustible fuels, flights will last

less than thirty(30) minutes, with an altitude under four hundred (400) feet. Aerial Archer will not

operate a sUAS at or below the manufacturer recommend minimum charge levels for operation;

preferring to remain well within a safe operating range to insure adequate communication

between radio remote control and the sUAS to eliminate potential for a crash, loss of control or

other hazards. The crew will always include an FAA licensed and current pilot. The crew

members at Aerial Archer have done scores of practice flights in remote areas on private
property as hobbyists simulating flights for future commercial use to gain familiarization with the

characteristics of our specific sUAS’s performance under different weather conditions. The

operation will be extremely cautious when operating the sUAS (small ultra­lightweight

unmanned aircraft) so as not to “create a hazard to users of the national airspace system or the

public.” 112 P.L. 95 § 333 (b). Given the small size and weight of our sUAS, it falls well within

Congress’s contemplated safety zone when it promulgated the Reform Act and the

corresponding directive to integrate sUASs into the national airspace system. My DJI Inspire 1

and Phantom 3pro, used in hobby flight, have a demonstrated safety record. My Phantom 3pro

operates in the 2.4 GHz ­2.483GHz Wi­Fi band, and the Inspire 1 operates in the 2.4GHz

­2.483GHz, and the 5.725 GHz ­ 5.825 GHz Wi­Fi band, which complies with FCC regulatory

requirements.

IV. How Aerial Archer Request Will Benefit the Public As A Whole:

Aerial Archer is a small business serving customers in the United States and the United States

Territories. Aerial photography has been around for a long time utilizing manned fixed wing

aircraft and helicopters. Now, some of these missions can be replaced with more cost effective,

safer, and environmentally friendly sUAS missions. In addition, for many small budget

productions the expense of such aerial photography and videography using manned aircraft is

cost prohibitive. We would operate in a very competitive environment, competing with large

nationwide photography and videography suppliers. We are able to compete on quality and

service. The advent of sUAS’s used in this business environment, and their ability to produce

unique images will not only help our small business compete with larger businesses. It will also

add value to other businesses. One example: it will provide our realtor customers with their own

new business value, thus promoting commerce and economic development. Permitting Aerial

Archer to immediately fly within national air space furthers economic growth. It provides a

definite benefit to other companies looking to use aerial photography and videography, both of

which increase commerce and serve as a benefit and stimulus to the economy and community.

V. Reasons Why Aerial Archer Exemption Will Not Adversely Affect Safety or How The

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Aerial Archer has the utmost respect for everyone’s safety. Our chief pilot, Benjamin Ogburn, as

a current Airline Captain and previous Flight Instructor, has a solid understanding of the

National Airspace System, and has over two decades of conservative decision making

concerning safety.

As it concerns to sUAS operations:

a. Our sUAS DJI Inspire 1 and Phantom 3pro each weigh less than the maximum sUAS

authorized weight of 55 lbs;

b. Each mission will consist of a crew of 2: one PIC and one spotter/ camera operator, to

ensure that Visual Line­of­Sight references are maintained.

c. At least one of the crew members is a FAA licensed pilot with a current medical certificate or

driver’s license;

d. The PIC will have a minimum of 50 logged flights and 20 total hours in the make and model

of the operating sUAS, including at least 3 flights in the last 90 days;
e. We only operate our sUAS below 400 feet AGL in day VFR conditions, and at no more than

the manufacturer's recommended maximum speed which is within the permissible ceiling set by

the FAA Modernization and Reform Act of 2012;

f. We will not operate the sUAS in Class A, B, C, or D airspace without written approval from

the FAA;

g. We will not operate within 3 nautical miles of the geographic center of a non towered airport

as denoted on a current FAA­published aeronautical chart unless a letter of agreement with that

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM

as required by the operator’s COA. The letter of agreement with the airport management will be

made available to the Administrator upon request.

h. If any unauthorized person moves within 90 feet of the operating sUAS, the mission will be

aborted immediately;

i. Our sUAS will only operate for less than thirty(30) minutes per flight. Generally, the flights are

between ten(10) to fifteen(15) minutes, severely limiting the exposure of any safety concerns

towards the public or property;

j. Our sUAS has a GPS controlled failsafe system, a flight safety feature whereby it returns to

the takeoff location and then slowly lands if communication with the remote control pilot is lost;

k. We actively record and analyze flight data and other sources of information to constantly

update and enhance safety protocols;

l. Before each flight we assess the environment and we only proceed to operate in reasonably

safe environments that are controlled;

m. We conduct extensive pre­flight inspections and protocols;

n. We always obtain all necessary permissions prior to operation; including contacting the local

FSDO as may be required.

o. We have procedures in place to abort flights in the event of safety breaches or potential

danger.

VI. A Summary: The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size,

weight and enclosed operational area Aerial Archer sUAS permits exemption from Part 21

because our sUAS meets (and exceeds) 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both

pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas

such as airports and dense populations. Aerial Archer sUAS meets or exceeds each of the

elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on
board pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating

areas of where safety can be defined. The FAA has previously issued exemptions to this

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 10700 and 32827.

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 rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The PIC will take all actions including 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 a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through the use of a control 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 aircraft and for flight instruction in

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety

provided by the fact 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. § 91.121 "regarding altimeter settings" is inapplicable insofar as our sUAS utilizes an

electronic global positioning systems with a barometric sensor, and altitude information will be

provided to the pilot via a digitally encoded telemetric data­link to a real­time display.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level

of safety will be achieved by maintaining any such required certifications and registrations by

Aerial Archer.

B. 14 C.F.R. 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require

aircraft to be marked according to certain specifications. Our sUASs are, by definition,

unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain

words or phrases. Further, two­inch lettering is difficult to place on such small aircraft with

dimensions smaller that minimal lettering requirement. We will mark our UAS’s with the largest

possible letters by placing the word "Experimental" or assigned number or name, based on

request/ruling of FAA, on UAS fuselage. The FAA has previously issued exemptions to this

regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§

61.113 (a) & (b), private pilots are limited to non­commercial operations. Aerial Archer can

achieve an equivalent level of safety as achieved by current Regulations. The PIC will have a

Commercial Pilot certificate with a current Medical or driver's license, and will meet the flight

review requirements specified in 14 CFR § 61.56.

D. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. Our sUAS will never operate
at an altitude greater than 400 feet AGL and only in safe areas. Given the small size and weight

of the sUAS, its maneuverability and speed profile, we can achieve an equivalent level of safety.

E. 14 CFR § 91.151(a) requires a thirty (30) minute fuel reserve for flight in VFR conditions. The

battery powering the Aerial Archer's UASs provides approximately 30 minutes of powered flight.

To meet the 30­minute reserve requirement in 14 CFR §91.151, UAS flights will be limited.

Given the limitations on the UAS’s proposed flight area and its proposed operations within a

predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable.

Furthermore, operating the UASs in a tightly controlled area where only people, property

owners, or official representatives who have signed waivers will be allowed, less than 30

minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to

address. We believe that an equivalent level of safety can be achieved by limiting flights to a

maximum of 30 minutes or until the UAS battery power reaches 25%, whichever happens first.

The FAA has previously issued exemptions for manned aircraft to operate at less than the

minimums prescribed in 14 CFR § 91.151(a), including Exemption Nos.

2689, 5745, and 10650. In addition, similar sUAS­specific relief has been granted an Exemption

Nos. 8811, 10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions.

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

above cited Regulations require, amongst other things, aircraft owners and operators to “have

[the] aircraft inspected as prescribed in subpart E of this part and shall between required

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter. . . .”

To comply with this regulation, the PIC, before each mission, will check the manufacturer’s

internet service pages, and ensure applicable software and hardware is up to date as required,

and ensure compliance with any safety bulletins posted. In addition, the Operator’s Manual as

provided by the sUAS manufacturer will be revised to include specific operating procedures and

limitations to comply with the exemptions sought. The revised Operator’s Manual will be in

possession of the crew during operation of the sUAS, and must be made available to the

Administrator or any law enforcement official upon request.

In summary, Aerial Archer seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. §91.7 (a);

14 C.F.R. §91.9 (b)(2); 14 C.F.R. § 91.103(b); 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) and (b); 14 C.F.R. § 91.405 (a);14

C.F.R.

§ 91.407 (a)(1); 14 C.F.R. §91.409 (a)(2); and, 14 C.F.R. § 91.417(a) & (b) to commercially

operate Aerial Archer's lightweight unmanned aircraft vehicle in aerial photography and

videography operations. Aerial Archer will utilize safety protocols and the implementation of a

flight operations manual that exceeds currently accepted means and methods for safe flight.

Aerial Archer will conduct formal collection of information of its operation of the sUAS, which will

be shared with the FAA, and will contribute to the enhancement of the FAA's internal efforts to

establish protocols for complying with the FAA Modernization and Reform Act of 2012. Aerial

Archer operation of the sUAS, weighing less than the maximum of 55 pounds and travelling at

slower speeds within limited controlled areas will provide an equivalent level of safety as that

achieved under current FARs. Accordingly, Aerial Archer respectfully requests that the FAA
grant our exemption request.

Respectfully submitted,

Captain Benjamin Ogburn, Owner/ Chief Pilot Phone: (502) 386­6884 Aerial Archer

20782 Alicante Ln Email: Ben@Aerialarcher.com

Huntington Beach, CA 92646

Appendix A – Aerial Archer Operating Procedures

Safety is our main concern. The PIC (Pilot­in­Command) will operate the aircraft with strict

adherence to the manufacturer’s operation manual and limitations and must be familiar with,

and follow these operating procedures:

1. The PIC must:

a. Document all maintenance, alterations, and updates in the aircraft records.

b. Any maintenance or alterations that affect the sUAS operation or flight characteristics, e.g.

replacement of a flight critical component, must undergo a functional test flight in accordance

with the operator’s manual. The PIC who conducts the functional test flight must make an entry

in the sUAS aircraft records of the flight.

2. Prior to each mission:

The PIC must familiarize him/herself with all safety aspects of the mission. This includes but is

not limited to:

a. Software versions required (manufacturer's web site)

b. Weather Conditions and Wind is less than 19 knots (22 mph)

c. Review NOTAMS when applicable

d. Proximity of airports or Special Use Airspace (SUA) and Other restricted airspace

3. Prior to each flight:

The PIC must inspect the sUAS and the remote controls to ensure they are in a condition for

safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the

aircraft is prohibited from operating until the necessary maintenance has been performed and

the sUAS is found to be in a condition for safe flight. This includes but is not limited to:

a. Batteries (full sUAS battery required for each flight, check battery levels for transmitter and

range extender)

b. Inspect propellers, motors, fuselage and lights

c. The documents required under 14 CFR §91.9 and §91.203 must be available to the PIC at

the Ground Control Station of the sUAS any time the aircraft is operating. These documents

must be made available to the Administrator or any law enforcement official upon request.

d. The PIC performs a safety assessment. This includes but is not limited to:

i. If operating within 3 miles of an uncontrolled airport, check that a letter of agreement that

covers the current mission with the airport manager is available to the PIC, and that the

operation is conducted under a current NOTAM.
ii. Inspect flight area for proximity to helipads, hospitals, schools, busy roadways, gatherings

of people, and SUA.

e. The PIC provides a safety briefing to the spotter. An agreement is made under which

conditions the flight must be aborted.

f. Identify the takeoff and landing area.

g. The PIC performs pre­flight checks:

i. Check all controls neutral

ii. Turn on Power transmitter first, then on sUAS, and Range Extender

iii. Perform GPS alignment according to manufacturer’s operating manual

iv. If alignment successful, flight can start from a safe take­off point

v. Immediately after takeoff perform the following checks:

a. Hover 5 -10 feet

b. Check data link

c. Check video link

d. Check altimeter

e. Check GPS

f. Check time

4. During each flight:

a. The sUAS may not be operated by the PIC from any moving device or vehicle.

b. The sUAS may not be operated at an altitude exceeding 400 feet AGL.

c. The sUAS may not be operated at altitude less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles.

d. The sUAS must yield the right of way to all other manned operations and activities at all

times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities,

hang gliders, etc.).

e. Flight time is limited to maximum of no more than 25% battery reserve safety margin.

f. sUAS must remain within line of sight.

5. Emergency procedure during flight:

a. Immediately determine closest safe landing location to the sUAS.

b. Land the sUAS.

This could include but is not limited to:

a. Equipment failure.

b. Spotter signals abort.

c. Sudden change in weather.

d. Manned aircraft in the vicinity.

e. People getting within safety perimeter.

6. After each flight:

a. Check and log flight time and remaining battery level.

b. Turn off power to sUAS first, then turn off power to transmitter and range extender.
c. Inspect sUAS for any damage.

­­­ Completion of Operating Procedures ­­­