~OLSINELLI 1515 Wynkoop, Suite 600, Denver, CO, 80202 • 303.572.9300 

September 1, 2015 

VIA FED EX ONLY (TRACKING #774413347844) 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

. r 

.{. 

Ramsey Ammar 

303-583-8229 

rammar@polsinelli.com 

Re: Petition of Colorado Aerial Images for Exemption Pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") and 14 

C.F.R. Part 11, Colorado Aerial Images, LLC ("The Company"), operator of Small Unmanned 

Aircraft Systems ("sUASs") equipped to conduct videography, photography, thermal imaging 

and other aerial data collection services ("Uses"), hereby applies for an exemption from the 

below listed Federal Aviation Administration Regulations ("FARs") to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the conditions 

outlined herein, in accord with the enclosed Company Operations Manual ("Flight Operations 

Manual"), in compliance with the sUAS Operator's Handbook and all manufacturers' operations 

and/or instructions manuals ("Operator's Handbook")\ and in strict compliance any and all 

rules, regulations, and practices as may be established by the Federal Aviation Administration 

("FAA") for the operation of a sUAS. 

I LEGAL AUTHORITY AND OVERVIEW 

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary 

information that F4D Studio has not and will not share with others. Petitioner submits the Flight Operations Manual 

and Operator's Handbook and all information contained therein as proprietary and confidential information pursuant 

to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator's Handbook contain operating conditions and 

procedures that are not available to the public and are protected from release under the Freedom of Information Act, 

5 U.S.C. § 552 et seq. 

polsinelli.com 

Atlanta Chicago Dallas Denver Kansas City Los Angeles Nashville New York Phoenix San Francisco 

St. Louis Washington, DC Wilmington 

Polsinelli PC, Polsinelli LLP in California 
US Department of Transportation 

September 1, 2015 

Page2 

1. Legal and Regulatory Framework 

The FMRA provides that ''the Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system ... " prior to final completion 

of the required Reform Act plan and the subsequent rule-making. § 333(a). 

In making this determination, the Secretary of Transportation shall determine, at a minimum -

(1) Which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and 

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1). 

§333(b) (1)-(2). Finally, §333 provides that "[i]fthe Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft systems in the 

national airspace system." §333(c). 

The FAA has promulgated guidance for UAS users that wish to obtain a Section 333 exemption. 

The FAA has recommended that an applicant discuss the following items: 

1. The safe operation of a UAS to minimize risk to the National Airspace ("NAS"), 

including the operational characteristic for the type of UAS intended for use, operating 

procedures, and aircraft loading information; 

2. Operational procedures, including pre-flight inspections, maintenance, and repair; 

3. Radio Frequency ("RF") spectrum used for control of the UAS and associated equipment 

that is part· of the UAS and whether it complies with Federal Communications 

Commission ("FCC") or other appropriate government oversight requirements; 

4. A description of the Pilot in Command ("PIC") directly responsible for the operation of 

the UAS, including the level of airman certificate held, any applicable training related to 

the operation, and any minimum hours of flight experience required by the PIC, both total 

flight time and the time with the particular UAS; 

5. The medical standards and certification of the PIC directly responsible for the operation 

ofthe UAS; 

6. The intended UAS operations, including how the operation would not adversely affect 

safety, or how they would provide a level of safety at least equivalent to that provided by 

the rule from which exemption is sought; 
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7. The proposed maximum operating speed and altitude, and describe the minimum flight 

visibility and distance from clouds for their intended operations, including any potential 

hazards and safety mitigations associated with these proposed conditions; 

8. The characteristics of the area of intended operation and the associated potential hazards 

and proximity to populated areas; 

9. The proximity to airports; 

10. A description of how the application intends to operate the UAS within visual line-ofsight ("VLOS"); 

11. Any procedures to conduct a preflight safety risk assessment to determine that the UAS is 

in a condition for safe flight and that the planned operation can be completed safely; 

12. To the extent the activity involves operations that have existing requirements, such as 

motion picture and television filming, or pipeline and power line control, how the 

application intends to comply with such regulations; and 

13. The applicant's intent to obtain a Certificate of Waiver of Authorization ("COA") from 

the FAA Air Traffic Organization. 

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. § 44701(t) (permitting exemptions from§§ 44701(a), (b) and 

§§ 44702- 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F .R. § 11.81 

(petitions for exemption). 

2. The Company Meets and Exceeds the Legal and Regulatory Requirements 

As will be shown herein, The Company meets and exceeds the stated §333 requirements as well 

as the guidance promulgated by the FAA. The proposed operations in this petition for exemption 

qualify for expedited approval under §333 of the FMRA. Each of the statutory criteria and other 

relevant factors are satisfied. 

The proposed operations permit the use of small and relatively inexpensive UAS under 

controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to 

access; and that ( 4) provides an increased level of safety beyond that existing when fixed or rotor 

wing aircraft are used to accomplish the same purpose. 

The Company's sUASs are multi-roto, weighing 55 or fewer pounds, including payload. They 

operate, under normal conditions, at low speed and have the capability to hover and move in the 

vertical and horizontal plane. The Company's UASs will operate in line of sight, or pursuant to 

the prevailing FAA regulations and guidance, and will only operate within those areas described 

in the enclosed Flight Operations Manual. 

Given the small size of the sUASs involved and the restricted environment within which they 

will operate, the comprehensive safety and operational parameters used by The Company, and 

The Company's commitment to compliance with the FAA's regulations now and into the future, 

this petition exemption falls within the equivalent level of safety that Congress desired the FAA 
US Department of Transportation 

September 1, 2015 

Page4 

to permit commercial UAS operations by exemption pending completion of formal rulemaking. 

Also, due to the size of the sUASs and the restricted area in which the sUASs will operate, 

approval of the application presents no national security issue. 

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) 

providing an environmentally conscientious way of producing operations related to the Uses. 

Considering the clear direction in §333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, the grant of the requested exemptions is also in the public 

interest. Accordingly, The Company respectfully requests the FAA grant the requested 

exemption without delay. 

I MEET Colorado Aerial Images, LLC 

Colorado Aerial Images is a Colorado limited liability company that operates Small Unmanned 

Aircraft Systems equipped to conduct videography, photography, thermal imaging and other 

aerial data collection services. The Company works with clients across many industries, 

including real estate, commercials, promotions, inspection and agricultural use, to provide the 

client images, videos and data needed to support and grow their business. The Company team 

has extensive experience in both safely piloting sUASs and providing videography, photography, 

thermal imaging and other aerial data collection services. 

Contact for Colorado Aerial Images: 

Colorado Aerial Images, LLC 

Attn: George Sickler 

1 705 29th A venue 

Greeley, CO 80634 

I PROPOSED OPERATIONS 

The enclosed Manuals describe, in detail, the policies and procedures for The Company's 

proposed sUAS operations. To assist the FAA in its safety assessment of The Company's 

proposed sUAS operations, below is a summary of operational limitations and conditions, which 

will ensure an equivalent or higher level of safety to operations conducted under current 

regulatory guidelines: 

1. The sUAS will weigh less than 55 pounds. 

2. Flights will be operated within line of sight of the Operator. 
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3. Maximum total flight time for each operational flight will be limited to the 

amount of time the sUAS can be flown and still maintain a reserve battery power 

of no less than 25%. 

4. Flights will be operated at an altitude of no more than 500 feet Above Ground 

Level ("AGL"). 

5. Flights will be operated at a safe lateral and vertical distance from and above any 

inhabited structures, buildings, vehicles, vessels, or people not associated with the 

operation or who have not signed a waiver in advance of the operation. 

6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the 

designated Operator ("Operator"). 

7. The sUAS will operate only within a confined area as described in the Flight 

Operations Manual. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to 

each day's missions. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

9. The Operator will have been trained in operations of sUAS generally and received 

up-to-date information on the particular sUAS to be operated as required in the 

Flight Operation Manual. 

10. Written and/or oral permission from the relevant property holders will be 

obtained. 

11. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies. 

12. If the sUAS loses transmission signal, the sUAS will have the capability to return 

to a pre-determined location and land. 

13. Contingency plans will be in place to safely terminate flight if there is a loss of 

transmitter communications or a loss of GPS signal. 

14. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

I REQUESTED EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 

40101 of the Act, including sUASs, from its safety regulations and minimum standards when the 
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September 1, 2015 

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Administrator decides a requested exemption is in the public interest. 

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 

91 for purposes of conducting the Uses, and other aerial data collection services. Listed below 

are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought. 

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. § 

91.203(a) and (b) 

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness and registration certificates as required 

by 14 C.F.R. Given the size and limited operating area associated with the sUAS to be utilized 

by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent 

level of safety under Part 11 and §333 of the FMRA. 

The Federal Aviation Act and §333 of the FMRA both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness or registration certificate, in the restricted environment and under the conditions 

proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an 

airworthiness certificate without restrictions and conditions of the proposed sUAS operations. 

Equivalent Level of Safety 

The sUAS to be operated hereunder, a Phantom 2 Vision, Phantom 2 Vision+ and Phantom 3 are 

all multi-rotor, weighing less than 55 pounds with payload, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and sterile area. Unlike other civil aircraft, the proposed operations will be controlled 

and monitored by the Operator pursuant to the Flight Operations Manual's requirements, as 

attached. 

These safety enhancements, which already apply to civil aircraft operated in connection with 

existing operations for the uses, provide a greater degree of safety to The Company's employees, 

members of the public, and property owners than conventional operations 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 sUAS, 

due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

14 C.F .R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent The Company would otherwise require certification under Part 
.. 

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27, The Company seeks an exemption from Part 27's airworthiness standards for the same 

reasons Identified in the exemption request from 14 C.F.R. Part 21, Subpart H. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations 

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot 

certificate holders from flying aircraft for compensation or hire, and which would also have the 

effect of requiring a second-class medical certificate. This provision limits private pilots to noncommercial operations. 

Equivalent Level of Safety 

Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring a ground crew member to have a 

private pilot's license rather than a commercials pilot's license to operation this sUAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no persons on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The risks associated with the operation of the sUASs are so 

diminished from the level of risk associated with commercial operations contemplated by part 61 

when drafted, that allowing operations as requested with a private pilot in the ground crew 

exceeds the present level of safety achieved by 14 C.F.R. Sec. 61.113(a) and (b). 

In addition, in Grant of Exemption No. 11062 to Astraeus Aerial ("Astraeus"), the FAA 

determined that an Operator with a private pilot certificate operating the Astraeus UAS would 

not adversely affect operations in the NAS or present a hazard to persons or property on the 

ground. Additionally, as previously determined by the Secretary of Transportation, the 

requirement to have an airman certificate ameliorates security concerns over civil UAS 

operations conducted in accordance with §333. 

The aerial data collection conducted by The Company will be conducted in areas where access to 

the public is limited and controlled. As such, the operations will have no substantial impact on 

any third persons not involved in the production. The Company also has a policy to conduct its 

operations, when possible, during times when third persons not involved in the production are 

expected to be limited and to the extent possible, to provide notice to affected third persons when 

production and operations will occur. 

Because The Company will operate in controlled areas and under controlled parameters, the 

sUAS will be flown based on visual line-of-sight at altitudes below 500' AGL. Accordingly, The 

Company request that this exemption be granted. 

D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

Petitioner seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft 

Flight Manual, Marking and Placard requirements, provides that "[n]o person may operate a 
US Department of Transportation 

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U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this 

chapter." 

Equivalent Level of Safety 

The equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked 

on its fuselage as required by § 45.29(f). In addition, The Company is aware of Exemption No. 

11333, which required the sUAS's markings to be "as large as practicable." The FAA has 

previously issued the following related exemptions to the aircraft marking requirements of § 

45.23(b): Exemption Nos. 10700, 10167 and 10167A. 

E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

The Company seeks an exemption from the flight manual requirements of 14 C.F .R. § 

91.9(b)(2), which states: 

(b) 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 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings and placards, or any combination 

thereof. 

Given the physical dimensions of the sUAS, configuration and load capacity, the sUASs have no 

ability to carry such a manual on the aircraft, not only because there is no pilot on board, but 

because there is simply no room or capacity to carry such an item on the aircraft. 

Equivalent Level of Safety 

The safety related purpose of this manual requirement can be equally satisfied by maintaining the 

sUAS flight manual at the ground control point where the Operator will have immediate access 

to it. Accordingly, The Company requests an exemption from 91.9(b)(2)'s flight manual 

requirements, on the condition that the sUAS flight manual be available at the control point 

during each operation. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827,.10700, and 11333 

("documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating.") 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

The Company seeks an exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraft 

be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate 

issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for 
US Department of Transportation 

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determining airworthiness. 

Equivalent Level of Safety 

The Phantom 2 Vision, Phantom 2 Vision+ and Phantom 3 have a stellar safety record, 

demonstrating that the sUAS is airworthy. Further, given the size of the sUAS and the 

requirements contained in the Flight Operation Manual for maintenance and pre-flight safety 

check lists, an equivalent level of safety will be provided. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827, 10700,and 11333. 

G. 14 C.F.R. § 91.103: Preflight Action 

The Company seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved flight manual on board the aircraft. While the Operator will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved flight manual is required on board the aircraft. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Operator's Handbook. The 

Operator will take all required preflight actions - including reviewing weather, flight battery 

requirements, landing and takeoff distance, and aircraft performance data - before initiation of 

flight. The Operator's Handbook will be kept at the ground station with the operator at all times. 

Further, The Company will utilize all safety and manufacturer's manuals to ensure it adheres to 

the highest standards for safety within the industry. 

H. 14 C.F.R. § 91.105 Flight Crew Members at Stations 

Petitioner seeks an exemption from 14 C.F .R. 91.105, which provides that "each required flight 

crewmember shall be at the crewmember station ... keep the safety belt fastened ... [and] keep his 

or her shoulder harness fastened while at his or her assigned duty station. 

Equivalent Level of Safety 

In general, § 91.105 requires pilot and crew to be at their duty stations and harnessed during 

flight. Petitioner seeks exemption from Section 91.105 because the sUAS in the instant petition 

is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or 

harnessed as required by the regulation. An equivalent or even higher level of safety can be 

provided instead by using an unmanned aircraft controlled by a PIC who at all times is located at 

and controls the sUAS from the ground control system. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

The Company seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person 
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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 functional dual controls. Instead, flight control is 

accomplished through the use of a box that communicates with the aircraft via radio 

communications. 

Equivalent Level of Safety 

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed 

without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be 

a safe distance away in the event that the sUAS experiences any difficulties during flight 

instruction. 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 

is 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. Enhancing this safety is the technology inherent in the remote 

controls utilizing digital communications that are paired to the sUAS, making it nearly 

impossible to unintentionally or intentionally have the control communications interrupted. 

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. Exemptions include: Nos. 

5778K and 9862A. 

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

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F .R. § 

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

To provide the intended operations for the Uses, the sUAS is normally operated below 500 feet 

AGL. Additionally, due the nature of the proposed operations, the sUAS will maintain a safe 

lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from 

people not associated with the operation. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds 

proposed herein, and given the lack of flammable fuel, any risk associated with these operations 

is far less than those that presently exist with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, and speed of the UAS, as well as the location where it is 

operated. As set forth in the Flight Operation Manual, the sUAS will be operated in a confined 
US Department of Transportation 

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area, where buildings and people will not be exposed to operations without their pre-obtained 

consent. Because of the advance notice to the property owners and participants, all affected 

individuals will be well aware of the planned flight operations as set forth in the Flight Operation 

Manual. 

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft 

that are subject to the minimum safe altitude regulations. Finally, the successful safety records of 

the Phantom 2 Vision, Phantom 2 Vision+ and Phantom 3 demonstrate that the sUAS can be 

safely used at these lower altitudes and closer operating environments. 

K. 14 C.F.R. § 91.121: Altimeter Settings 

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required because the 

sUAS does not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the Flight 

Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the 

altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the 

Operator will use the GPS altitude indicator to constantly monitor the sUAS's height, thus 

ensuring operation at safe altitudes. 

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

The Company requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising 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. 

Here, the battery powering the Phantom 2 Vision, Phantom 2 Vision+ and Phantom 3 provides 

approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 

C.F.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's 

proposed flight area and the location of its proposed operations within a predetermined area, a 

safety margin based on a reserve amount of battery life is needed. Petitioner will not be 

conducting any sUAS flights at night. 
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Equivalent Level of Safety 

An equivalent level of safety will be achieved because the operations will be conducted on-site 

without significant transit time by the sUAS. All flights will be planned to be terminated with no 

less than 25% reserve battery power still available. This restriction would be more than adequate 

to return the sUAS safely to the ground and its planned landing zone from anywhere in its 

limited operating area even in the event of an unexpected occurrence. Operation of the sUAS 

with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) 

was intended to alleviate given the size and speed of the small UAS, and the proximity of the 

flight operation to the landing zone. 

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 

10673, 2689F, 5745, 10673, 10808 and 11333. 

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

Registration 

The Company seeks an exemption from civil aircraft certification and registration requirements 

of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

An exemption to this regulation is necessary because: (1) the sUAS's configuration, load 

capacity and size does not allow it to carry certification and registration documents; (2) the 

sUAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) 

there are no passengers or crew for whom the certificates need to be displayed. 

Equivalent Level of Safety 

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent 

level of safety will be achieved by keeping these documents at the ground control point where 

the Operator will have immediate access to them. 

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

M. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

The Company also seeks an exemption from the maintenance inspection requirements contained 
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Page 13 

in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, 

e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required ions ... have 

discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these 

regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the sUAS will not have. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the Operator's Handbook as referenced in the Flight Operation 

Manual. As provided in the Flight Operation Manual, the operator will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. The operator is the person most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time during daylight 

hours, creates less risk than that associated with conventional rotorcraft performing the same 

operation. 

I PUBLIC INTEREST 

Granting The Company's exemption furthers the public interest on numerous levels. National 

policy set by Congress favors early integration of UAS into the national airspace in controlled, 

safe working environments such as those propose in this petition. In addition, maintaining 

industrial safety has been a priority of state and local governments for decades. 

The Company also believes that the use of sUASs for the Uses serves a valuable public interest 

and addresses a common public concern: safety. The use of sUAS's in a controlled and safe 

manner, as described herein. In addition, in the event of an unforeseen incident, a sUAS causes 

far less disruption than traditional aircraft. 

In addition, conducting the Uses with the sUAS, instead of manned aircraft, meets another 

common public concern in the noise and pollution caused by traditional aircraft. The use of a 

sUAS significantly reduces the levels of air and noise pollution generated during traditional 

operations related to the Uses. By using battery power and electric motors, the sUAS produces 

no air pollution, and is the most viable environmentally conscious alternative to piston or turbine 

powered rotorcraft. The sUAS, while reducing the carbon footprint of [LIST OF USES], also 

eliminates noise pollution as its battery powered electric motors are barely audible during the 

take-off phase, and cannot be heard when operating more than 100 feet above ground level. 

By using the sUAS to perform the Uses, the substantial risk to life and property in the air and on 

the ground, which is usually associated with traditional manned aircraft flight operations, will be 
• 

US Department of Transportation 

September 1, 2015 

Page 14 

substantially reduced or completely eliminated. Aside from the lack of aircrew members located 

onboard the aircraft, the minimal size and weight of a sUAS creates less physical potential for 

collateral damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct the Uses. Relatedly, the sUAS contains no reactive or combustible 

materials on board and thus the potential for fire or explosions is greatly diminished. 

In addition, granting the exception will help advance the knowledge base for conducting 

commercial UAS operations. This additional data will help the FAA set future rules regarding 

UAS flight operations, maintenance, and crew qualifications. The public also has an interest in 

reducing the hazards and emissions associated with alternate use of helicopters to conduct 

similar operations relate to the Uses. The UAS in question is very light weight and does not carry 

any flammable fuel, further reducing the risk from any potential accident. 

I PRIVACY 

All of the proposed flights and videography will be only conducted after obtaining any individual 

subject matter's permission. All flights will occur over public right-of-way or private property 

with the property owner's prior consent and knowledge. The proposed operations will not impact 

privacy concerns beyond those already implicated by manned aircraft aerial data collection 

operations. 

I FEDERAL REGISTRY SUMMARY 

Pursuant to 14 C.F .R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Colorado Aerial Images seeks an exemption from the following rules: 

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 45.27 (a); 14 C.F.R. 

61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.9(c); 14 CFR 91.103; 14 CFR 

91.105; 14 CFR 91.109(a); 14 CFR 91.119; 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)(l); 14 CFR 91.409(a)(l)and (2); 

14 CFR 91.417 (a) & (b). 

Approval of these exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("sUAS") to conduct the Uses will enhance safety by reducing risk to The 

Company, the general public and property owners. 

The Phantom 2 Vision, Phantom 2 Vision+ and Phantom 3 sUASs, weighing less than 55 

pounds, with payload, and powered by batteries, eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the 

designated survey area set up. It is not flown from an external location to the work-site. The 

sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of this small UAS will provide an equivalent level of safety, supporting the grant 
• US Department of Transportation 

September I, 20 I5 

Page I5 

of the exemptions requested herein, including exempting the applicant from the requirements of 

Part 2I and allowing commercial operations. These lightweight sUASs operate at slow speeds, 

close to the ground, and in a controlled environment. As a result, they are far safer than 

conventional operations related to the Uses are conducted with fixed wing aircraft or helicopters. 

I CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 20I2-size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security-provides more than adequate justification for the grant 

of the requested exemptions to permit The Company to operate sUASs in support of the Uses 

and aerial data collection operations in accordance with the Flight Operation and Operator's 

Handbook appended hereto. 

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (I) significantly improving safety and reducing risk by alleviating human exposure to 

danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) 

providing an environmentally conscientious way of producing operations for the Uses. 

Sincerely, 

Ramsey Ammar 

Encls: Flight Operations Manual (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

sUAS Operator's Handbook (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

Exhibits-- Phantom 2 Vision Manufacturer's Safety and Use Guides 

Flight Operations Manual (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

sUAS Operator's Handbook (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

Exhibits-- Phantom 2 Vision+ Manufacturer's Safety and Use Guides 

Flight Operations Manual (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

sUAS Operator's Handbook (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

Exhibits-- Phantom 3 Manufacturer's Safety and Use Guides