## SEESPAN, Inc. MarkA.Ryan Founder, PresidentandCEO

May 1, 2015

Mr. James Williams Manager, Flight Standards Service Unmanned Aircraft Systems Integration Office Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

U.S. Department ofTransportation Docket Management System l200New Jersey Avenue, SE Washington, DC 20590

DearMr. Williams: SEESPAN, Inc. 31794Cameros Avenue Lewes, Delaware 19958

302-360-8847 tel

·-, ·, rMark@SEESPAN.com

SEESPAN, Inc. (SEESPAN) submitsthe enclosed request for exemption from multiple regulatory provisions ofthe Federal Aviation Administration (FAA) to allow the use ofsmallunmanned aerial systems (sUASs) on land and marine spaces controlled by SEESPAN to conduct safe aerial photography ofpublic events, such as sports events, entertainment and news gathering for direct public consumption and purchase by sports, entertainment and media organizations.

This version ofSEESPAN's request does not contain certain appendices, which contain trade

**secre~** and commercial proprietary information that SEESPAN has not and will not sharewith others except under appropriate confidentiality agreements. The material contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act. See5U.S.C. 552 etseq. A complete copy ofSEESPAN's request, including the appendices for which SEESPAN is seeking confidential treatment, bas been sent to Mark Bury, Assistant ChiefCounsel for International Law,Legislation and Regulations, to allow you and others within the agency who need to review all portionsofthis exemption request complete, yet controlled, access to the documents.

Yourtime and cooperation is much appreciated.
Sincerely,May 1, 2015

Mr. James Williams Manager, Flight Standards Service Unmanned Aircraft Systems Integration Office Federal Aviation Administration 800 Independence Avenue, SWWashington, DC 20591

U.S. Department ofTransportation Docket Management System 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Request for exemptionfrom multiple regulatoryprovisions to allow the use of small unmannedaerial systems (sUASs) controlledbystandard remote controls (RCs) andbacked up by the SEESPAN Tethered sUASFlight Control System ("Patent Pending") that can instantly restrict the sUAS'sflightpath (speed, altitude and trajectory) andefficiently retrieve the sUAS back to the base upon commandby the Pilot in Command (PIC).

Dear Mr. Williams:

SEESPAN, Inc. (SEESPAN) respectfully requests an exemption from several provisions ofTitle 14 ofthe Code ofFederal Regulations (C.P.R.) to permitthe establishment ofa new state-of-the-art technology for safe aerial photography and public communications. Accordingly, the grant ofan exemption is consistent with Congress' intent, reflected in Section 333 ofthe FAA Modernization and Reform Act of2012 (Modernization Act), 1 that safe systems be permitted in the national airspace priorto the issuance offinal regulations governing general use ofthese systems.2 A summary ofthis request suitable for publication in the 

### Federal Register is provided as Appendix A should the FAA determine that publication is required.

Background Information

SEESPAN is a media company created to safely acquire public images and offer them directly for public consumptionorfor publishingpurposes by SEESP AN and/or other media companies. Unlike other sUAS aerial photographycompanies ortraditional above-ground photographymethods, SEESPAN's laboratory-tested system3 protects the public from loss of positive control. The SEESPAN systemmaintains positive control over sUAS/photographic equipment via physical tether. Upon commandby the PIC, the SEESPANtether system controls and restricts the sUAS' flight (speed, altitude and trajectory) and retrieves in-flight the sUAS/camera. The SEESPANTethered sUAS Flight Control Systemwill stop an sUAS within 40 feet while under worst-case scenario conditions (flying out ofcontrol at 68 mph), and then

1 P.L.II2-95, 126Stat !!,February 14,2012. 2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate ofwaiver upon a finding that a type ofUAS, as a result ofits size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line ofsightdo not create a hazard to users ofthe NAS or the public orpose a threat to national security. 3 SEESPAN's Tethered Flight Control System has been proven capable and effective in laboratory testing. See Appendix B for test protocol and test results.retrievethe sUAS back to the ground-based system while constantly under those worst-case conditions. Significantlyless distance is needed to halt the sUAS under normal conditions. (A summary oflaboratorytesting ofthe SEESPANTethered sUAS Flight Control Systembase is provided as Attachment B.) SEESPAN also applies unique methods for acquiring and communicating images; in particular, SEESPAN uses methods connecting the public to online information sources via SEESPAN digital media properties (all SEESPAN media products are "PatentPending"). Conventional media organizations rely upon professionals who typically travel to destinations, contact sources on location and acquire images and audio for theirpublic audiences. This conventional media model is declining rapidly in the marketplacehoweverfor a variety of reasons. Forexample, gathering photographic images and audio content is expensive, and constrained byhuman resources both in terms ofcost and ability. Conventional media systems also typically are limited to acquiring photographic images and audio via ground-level vantage points.
Some conventional systems acquire photographic images via cranes, scaffolding, manned aircraft, unmanned aircraft (sUAS/UAS) and satellite. Cranes, scaffolding, blimps and manned aircraft are known to be dangerous and carry substantial risk for the crews operating them and for the public below. Satellite acquisition is limited to historical still images without audio. The historical images are not Jive, oblique, orclose enough for interaction. Further, acquisition of
some areas may be limited because views ofthe areas may be obstructed, prompting photographers to pursue modality options that carry substantiallymore risk. Someconventional systems use fixed cameras installed on structures (e.g., highways and byways). These fixed
cameras are, however, limited to views from one, low-altitude, low field ofview (FOV) fixed point (e.g., the toll booth) and also typically provide low-quality clarity ofimage. Conventional media systems also include handling and transporting theselarger system components to locations ofthe events. Thecost oftransporting and operating these system components is expensive and carries greaterrisk to personnel assembling, handling and dismantling them. Further, conventional systems are limited in theirrange and they lack agility, thus requiring multiple photographic stations to capture coverage ofoutdoor action or subject matter. Also, the number ofevents that
canbe covered is limitedto the number ofthese expensive system components that are available, andthe number ofprofessionals required to operate them, and the media organization's ability to afford the costto conduct such operations.
Regulatory Basis for ExemptionRequest

In addition to the waiver authorityprovided in §333 ofthe ModernizationAct, the FAA maygrant an exemptionunder49 U.S.C. §44701(f) ifit has determined that such an exemption is in the public interest. The FAAhas imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversely affect safety orhow the exemption would provide at least an equivalent level ofsafety
as compliance with the underlying regulation.4 Inthis case, approval ofthis exemption would advance the public interest by significantly enhancing the safety and efficiency ofproviding public access to see activities as they occurin theircommunities, and for sports, entertainment andnews gathering organizations to provide public access to their events, and by providing the

4 14 C.F.R. §ll.8l(e).FAA with valuable user experience on sUASs in a context with appreciable economic and societal benefits. As described more fully below, the requested exemption would permit the operation ofa sUAS under tightly-controlled conditions, thus ensuring that operations will not have an adverse impact on safety. To the contrary, as explained below, SEESPAN anticipates that use ofsUASs and the SEESPANTethered sUAS FlightControl System will enhance the safety ofhow above-ground photographic images are captured for public consumption.
Granting an Exemption is in the Public Interest

The safety and efficiency ofaerial or above-ground photography is heavily dependent upon radio-controlled/or computer-controlled systems to control the performance ofthe aerial equipment. There are a wide varietyof factors that can affect the intended flight ofa sUAS device, including unexpected wind/weather, lost link with the RC, pilot error, "computer hacking," unexpected intrusion upon the restricted area ofoperations, and other conditions that cause the need to halt and retrieve the sUAS back to base. Vigilance and a physical means to restrict and retrieve the sUAS are the best defense against thesehazards.

As aresult, pursuantto FAA regulations and companypolicy, SEESPAN personnel will follow its ground and flight maintenance manual to ensure the systems are in excellent working order. (See Appendix D for the SEESPANTethered FlightManual.) At present, aerial, or aboveground photography, is done primarily by personnel through a labor-intensive and arduous series oftasks. Aerial photography companies make use ofcranes, scaffolding, blimps, manned helicopters, manned fixed-wing aircraft, and satellites to capture images for their clients in various industries. Their employees put themselves at risk by assembling and operating this often-times heavy equipment andputthe participating ornon-participating public at risk as well.

Aerial photographyby traditional aircraft is impractical because the required altitudes for safeflight reduce visibilitybelow meaningful levels

- it is simply not possible to capture meaningful or useful images from such distances and/or heights. Thus, the use ofsUAS has the potential to improve efficiency, resulting in faster and safer deliveryofphotographic images and related information vital to the U.S. public and the American economy.

Granting an Exemption will not Adversely Affect Safety

SEESP ANnotes that there is no applicable standard for an equivalency determination. Some have argued that the appropriate standard is that for model aircraft, noting that their operations, if conducted for recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between model operations controlledby the Academy ofModel Aeronautics and the ones contemplated by SEESPAN. At the same time, it is clear that equivalency cannot be established for traditional, manned civil aircraft because the design and use profiles between traditional aircraft and sUAS are simply too different. As such, we believe it makes more sense to focus on why the contemplated operations would not adversely affect safety, which is all that §11.8l(e) requires.That said, SEESP AN believes that granting an exemption 

### will improve public safety over currentpractices involving aerial photography and other above-ground-level photography practices. SEESPAN contemplates conducting sUAS operations from a restricted operational space, during daylight hours, at altitudes and speeds well below that which wouldpose a risk to other aircraft. Thenature of operations anticipatedbySEESPAN requires that the sUAS be. flown at relatively low altitudes and relatively low speeds. SEESPANexpects that in most instances, the sUAS will be flown less than 200 feet in altitude and within its zone ofoperation, which it will prohibit the publicfrom entering. Accordingly, the risk ofinterference with another aircraft or a member ofthe uninvolved public is minimal and the abilityto prevent an accident is great. SEESPAN also plans to conduct sUAS operations at least five miles from any public airpmts (includingheliports). In the event an operation needs to be conducted closerto an airport, SEESPAN will inform the airport operator and airport air traffic control tower ofthe contemplated operation and will complywith any directions issued by air traffic control at that airport. (Appendix C contains examples ofthe types ofareas where SEESPAN initially intends to use the sUAS.)

SEESPAN intends to use a dedicated stafffor sUAS operations. All operations will be within visual line-of-sight (i.e., no more than approximately0.5 miles from the manipulator of the controls, or pilot in command (PIC)). The PIC will have at least a recreational or sport pilot license and whatever medical documentation is required currently bythe FAA to correspond to the type ofpilot certificate exercised Each PIC will conduct at least three take-offs and landings with the sUAS on which he or she is trained every 90 days. Depending on the type ofoperation, additional ground-based visual observers maybe employed as well. These observers will be within constant visual line ofsight and in constantcontact with the PIC. The visual observers will assist thePIC in avoiding objects near the sUAS.

SEESPAN intends to use the 3D Robotics X8+ (a description of which is attached in Appendix D) with an attached tether. No physical modifications have been made to the aircraft.
Supportfor Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, SEESPANprovides the following information:

Contact Information

Mark A. Ryan President and CEO SEESPAN, Inc., 31794 Cameros Avenue Lewes, DE 19958 302-360-8847 Mark@SEESPAN.COMRegulatory Provisions from which SEESPAN seeks an Exemption

SEESPANbelieves it may need an exemption from the following provisions to conduct the contemplated operations. In some instances, reliefis needed because relieffrom another provision renders compliance with the regulation at hand infeasible.

14 C.F.R. §61.23(a) and (c) 14 C.F.R. §61 l01(e)(4) and (5) 14 C.F.R. §61.113(a) 14 C.F.R. §61.315(a) 14 C.F.R. §91.7(a) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151(a)(l) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a)(1) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a) and (b)

SEESPAN believes an exemption is only needed from the above-listed regulatory provisions. To the extent that the FAA believes that additional reliefis required for SEESPANto conduct the operations described here, we request an exemption from any such regulatory provisions as well.

The Extent ofRequested Reliefand the Reasons Reliefis Needed

14 C.F.R.§ §61.23(a) and(c), 6J.JOI(e)(4) and(5), 61.113(a), and 61.315(c)



### §61.23 Medical certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) ofthis section, a person- (1) Must hold a first-class medical certificate: (i) When exercising the pilot-in-commandprivileges ofan airline transport pilot certificate; (ii) When exercising the second-in-command privileges ofan airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or (iii) When serving as a required pilot flightcrew member in an operation conducted underpart 121 ofthis chapter ifthe pilothas reached his or her 60thbirthday. (2) Must hold at least a second class medical certificate when exercising: (i) Second-in-command privileges ofan airline transport pilot certificate in part 121 ofthis chapter (other than operations specified in paragraph (a)(l)(ii) ofthis section); or (ii) Privileges ofa commercial pilot certificate; or(3) Must hold at least a third-class medical certificate- (i) When exercising the privileges ofa private pilot certificate; (ii) When exercising the privileges ofa recreational pilot certificate; (iii) When exercising the privileges ofa student pilot certificate; (iv) When exercising the privileges ofa flight instructor certificate and acting as the pilot in command; (v) When exercising the privileges ofa flight instructorcertificate and serving as a required pilot flight crewmember; (vi) Whentaking apractical test in an aircraft for arecreational pilot, private pilot, commercial pilot, or airline transpmt pilot certificate, or for a flight instructor certificate; or (vii) When performing the duties as an Examiner in an aircraft when administering a practical test orproficiency check for an airman certificate, rating, or authorization. 

## *** (c) Operations requiring eithera medical certificate or U.S. driver's

license. (1) A person musthold and possess either a medical certificate issued under part 67 ofthis chapter or a U.S. driver's license when- (i) Exercising the privileges ofa student pilot certificate while seeking sport

pilotprivileges in a light-sport aircraft otherthan a glider or balloon; (ii) Exercising the privileges ofa sport pilot certificate in a light-sport

aircraft other than a glider orballoon; (iii) Exercising the privileges ofa flight instructor certificate with a sport

pilot rating while acting as pilot in command or serving as a required flight crewmember ofa light-sport aircraft otherthan a glider orballoon;

or (iv) Serving as an Examiner and administering a practical test for the

issuance ofa sport pilot certificate in a light-sport aircraft other than a glider orballoon. (2) A person using a U.S. driver's license to meet the requirements ofthis

paragraph must- (i) Comply with each restriction and limitation imposed by that person's U.S.

driver's license and anyjudicial or administrative order applying to the operation ofa motor vehicle; (ii) Have beenfound eligible for the issuance ofat least a third-class airman

medical certificate at the time ofhis orhermost recent application (ifthe personhas applied for a medical certificate); (iii) Not have had his or her most recently issued medical certificate (ifthe

person has held a medical certificate) suspended or revoked ormost recent Authorization for a Special Issuance ofa Medical Certificate withdrawn; and (iv) Notknow orhave reason to know ofany medical condition that would

make that person unable to operate a light-sport aircraft in a safe manner. 

## *****§61.101 Recreational pilot privileges and limitations 

### *** (e) Except as provided in paragraphs (d) and (i) ofthis section, a recreational pilot may not act as pilot in command ofan aircraft- 

### ***

***** (4) Forcompensation or hire; (5) In furtherance ofa business;

§61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a private pilot certificate may act as pilot in command ofan aircraft that is carrying passengers orproperty for compensation or hire; nor may that person, for compensation orhire, act as pilot in command ofan aircraft. 

### *****

§61.315 Whatare the privileges and limits ofmy sport pilot certificate? (a) Ifyou hold a sport pilot certificate you may act as pilot in command of

a light-sport aircraft, except as specified in paragraph (c) ofthis section. 

### *****

SEESPAN anticipates initially using specially trained staffto conduct the sUAS operations. Because the UAS will not carry apilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have at least a recreational or sport pilot license to operate this sUAS. The FAA has already approved the use ofthese pilots in other exemptions, recognizing the extensive requirements for private orcommercial pilot certificates are not required to safely operate the sUAS. Unlike conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board.

The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the SEESPAN Field Testing Procedures, Logs, Guidelines Manual (See Appendix E). The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of SEESPAN. In addition, the tether system enables immediate stoppage and recovery of the unmanned aircraft in a safe, efficient and controlled manner should other aircraft or unauthorized individuals enter the area of operation. Accordingly, the risk would be limited to SEESPAN personnel, who will be appropriately outfitted in safety gear, and SEESPAN property
on the ground.

14 C.F.R. 91.7(a)

§91.7 Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition.(b) The pilot in command ofa civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

There is no clear definition of"airworthy," and the term has been defined in various ways depending on the circumstances. In all instances, it appears that the concept includes a requirement that the airplane 1) conforms to the aircraft's type design or its type certificate, as modified by supplemental type certificates and airworthiness directives, and 2) be in condition for safe operations. The sUAS will nothave a type design or type certificate, as the FAA has not developed standards applicable to sUAS. As discussed later in this document, the types of operations contemplated by SEESPAN will not qualify the sUAS for an experimental airworthiness certificate. Accordingly, relieffrom §91.7(a) is required. Shouldthe FAA include airworthiness requirements as a condition ofexercising the exemption, SEESPAN will

assure the continued airworthiness ofthe sUAS. Regardless, SEESPANbelieves that it can meet the requirements of§91.7(b) and is not requesting an exemption from that provision.

14 C.F.R. 91.119

§91.119 Minimum safe altitudes: General. Except when necessary for takeofforlanding, no person may operate an aircraft below the following altitudes: 

## *** (b) Over congested area Over any congested area ofa city, town, or settlement, or over any open air assembly ofpersons, at an altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. (c) Over other than congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may notbe operated closer than 500 feet to any person, vessel, vehicle, or structure. 

## *****

SEESP AN submits that the only reliefit requires from §91.119 is from the minimum altitudes and minimum distances to people, vessels, vehicles and structures listed in paragraphs (b) and (c). Reliefis required from paragraph (c) because asset evaluation conducted at 500 feet or higher is insufficientlydistinct to be meaningful. Since operations at this altitude also pose a heightened risk ofcollision with another aircraft, safety can onlybe assured through the grant ofan exemption.

Reliefis requested from paragraph (b) for the same reasons, as well as because the tether allows for the safe operation near people, and can accordinglybe used in congested areas, even though it will not technically be flown directly over anyone otherthan SEESPANpersonnel directly involved in the operation. SEESPAN suggests that given its tether design, which has been tested both in the laboratory and in the field to validate the strength and capabilities ofthe tether in worst-case scenario conditions, reliefshould be granted as long as the aircraft is no closer than 100 feet from members ofthe uninvolved public when the tether is engaged. SEESPANbelieves the tetherprovides the same level ofprotection as a barrier; which the FAA has routinely allowed as a means ofoperating an unmanned aircraft closer than 500 feet in other exemptions. The 100 footbuffer zone provides added protection from anyflying debris.

The SEESPAN Tethered sUAS Flight Control System is proven capable ofrestraining and retrieving the sUAS efficiently, even tmder worst-case scenario conditions, regardless of trajectory, altitude or speed (up to 68 mph). The SEESPAN Tethered sUAS Flight Control System provides:

• 3Xsafetyfactor with the power to stop a runaway sUAS, even at worst-case scenario speeds of68 mph.

• 3Xsafetyfactor with the powerto ensure the tether remains attached to the sUAS.

• Can stop an sUAS within 40 feet under worst-case scenario conditions and safelyretrieve the sUAS to the SEESPAN base.

Further, outdoortesting has shown that the SEESPAN system stops the sUAS at its maximumflying speed and then retrieves the sUAS in flight (video showing the SEESPAN flight tests are available in Appendix G).

Reliefshould not be needed from paragraph (a) because an emergency landing ofthe aircraft due to a powerfailure will not create an undue hazard to persons or property on the surface. As noted in the explanation ofwhy an exemption will not adversely affect safety, SEESPANhas exclusive control overthe geographic space overwhich it is operating, and public
access is restricted. We tightly control access to ouroperational space andhave the abilityto assure that no individuals unassociated with the planned operations enterthat space.



### 14 C.F.R. 91.121

§91.121 Altimeter 

### settings. (a) Each person operating an aircraft shall maintain the cmising altitude or

.flight level ofthat aircraft. as the case may be, by reference to an altimeter that is

set, when operating- (1) Below 18.000 feet MSL, to- (i) The currentreported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) ffthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the cunent reported altimeter setting ofan appropriate available station; or (iii) 

### In the case ofan aircraft not equipped with a radio, the elevation of the depa1ture airport or an appropriate altimeter setting availablebefore departure;

or (2) At or above 18,000 feet MSL, to 29.92" Hg. (b) The lowest usable flight level is determined by the atmospheric pressure in the area ofoperation as shown in the following table:Current altimeter setting

. Lowest usablenight level

.·· '·C

**,~"**.·:<

**,f'f.·•'•'~-'l.to.·.;-(,,;~~~.Y':'Il\~·;;.:,.,;< ·~:;.;"'•~<~:'-~.-~f:·,,~;!i·k~~~,N~** ;.:.·,::(.·,:\•

**:.;:.<>.-:·.,\~· ;::7-::,i;'·.:t~i?~'··'il''';"-\l!,,<:,~"''tr;..)•**  **;':f;'/K<O;i2"):>i·"~~).};,'i~:ri>)l;•:;;~**••

**~.'N'·\:** ·:i'-!<!':-;;;,-

**,i:'".t>\ib·.~'~'~·~·;:;~~~<:~tk~9:w:N.-i ~~(.\-.,>':.~:"'"''·•'~'';"''-"** 
**~J<'H'fi·**·< Y';..',<•;c;m"'"'';c•:<&<M 29.92 (or higher) 180 29.91 through 29.42 185 29.41 through 28.92 190 28.91 through 28.42 195 28.41 tJuough 27.92 200 27.91 through 27.42 205 27.41 through 26.92 210

(c) To convel1 minimum altitude prescribed

**under~~** 9l.l19 and 91.177 to the minimum tlight level, the pilot shall take the tlight level equivalent ofthe minimum altitude in feet and add the appropriate number offeet specified below, according to the current reported altimeter setting:

Currentaltimeter setting Adjustment factor

**~·.~-:Y.~:i·.'?·~~~\~~)'i'"'l-1~"'{•'<~>X;;\'!h,«;:~:'f».1ll•'~;:o""'1~"''<~ ;,~.,;-tA%<'-h'i'!<<~'\C';;;o,.i-;Y.x.~·{;-..;~.** "Ol::'.··'..<;-""''"'·'>l'>>'<.,..,l<:!!.'-Jl>:"'"'"'""""'""""''

**.~~ >~"<")'~'f>'N'i;i.:i~:.~,:-:<.>**  **~-·:;•;·.~;..>.t~~·';'**

**~-....;,>-< c~t-.l·lt-,~~·**  **~~,;.:,**.'k'!'r.<'-•;

**~··**<F,
_,,.•,",!:";",:!

29.92 (or higher) None 29.91 through 29.42 500 29.41 through 28.92 1,000 28.91 through 28.42 1,500 28.41 through27.92 2,000 27.91 through 27.42 2.500 27.41 through 26.92 3,000

SEESPAN believes an altimeter is not needed because the very nature ofaerial journalism, or aerial photographic coverage ofsports orentertainment events, requires that the sUAS maintain flight relatively low to the ground to effectively capture photographic images at the ground level. That is, at or under 200 feet AGL. Here again, the SEESPANTethered sUAS Flight Control System enables the pilot to safely restrain and retrieve the sUAS should there be a significant exceedance ofthat 200-foot level. In addition, the SEESPANPIC can access altitude readings via computer or smart phoneusing the on-board telemetry transmitter ofthe sUAS; altitude readings are takenprimarilyusing an on-board barometer (pressure sensor).



### 14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions. (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 ofintended landing and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes. 

## *** (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.Operating the sUAS in a pre-defined area with less than 30 minutes ofreserve fuel does not raise the type ofrisk contemplated by §91.151, i.e., that an aircraft could run out offuel in the event ithas to be flown to an alternate airport orcircle the planned airport in the event of unanticipated conditions. SEESPAN does not intend to use the sUAS for point-to-point flights and will not operate the sUAS beyond visual line ofsight. Nor will the sUAS require an airport in order to land. Rather, SEESPAN will operate the sUAS using pre-planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point ofintended landing. As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 20% fuel reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (I), 14 C.F.R. 91.409(a), and 14 C.F.R. 91.417(a) and (b)5

§91.405 Maintenance required. Each owner or operator ofan aircraft

- (a) Shall have that aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter; 

### *****

§91.407 Operation aftermaintenance, preventivemaintenance,rebuilding, or alteration. (a) No personmay operate any aircraft that has undergonemaintenance, rebuilding, or alterationunless

- (1) It has been approved for return to serviceby a person authorized under §43.7 ofthis chapter; 

### *****

§91.409Inspections. (a) Exceptas provided in paragraph (c) ofthis section, no person may operate an aircraftunless, within the preceding 12 calendarmonths, it has had- (1) An annual inspection in accordance with part43 ofthis chapter andhas been approved for return to service by a person authorizedby §43.7 ofthis chapter; or (2) Aninspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 

### *****

91.417 Maintenance records. (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owneroroperator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords must include-

## ***** (i) A description (orreference to data acceptable to the Administrator) of the work performed; and (ii) Thedate ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which
are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection requiredbythe inspection program under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. IftheAD or safetydirective involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by §43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(l) ofthis section shall be retained until the work is repeated or supersededby other work or for 1 year after the work is performed. (2) Therecords specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to aregistered owner or operatorunder §43.11 ofthis chapter shall beretained until the defects are repaired and the aircraft is approved for return to service.

SEESP ANbelieves that an exemptionfrom these four maintenancerequirements is appropriatebecausethe FAAhas not developedmaintenance standards that would allow an operatorto meetthe part91 maintenancerequirements. Inparticular, there are no individuals authorized by the FAAto approve an sUAS for return to service under §91.407(a) orto conduct the initial airworthiness and annual return to service inspections required by §91.409(a). SEESPAN will maintainthe aircraft as instructed in the owner's manual ofthe sUAS and related manuals ofoperation provided bythe manufacturer ofthe electric winch attached to the SEESPANTethered sUAS Flight Control Systembase, and will notoperatethe aircraft orthe SEESPANbaseuntil ithas reasonablydetermined that any needed repairs havebeen made. However,becauseofthetechnical impossibilityofmeeting the requirements of§§91.405(a), 407(a),409(a), and 417(a) and (b), webelieve an exemptionfrom theseprovisions is appropriate.

### Pleasedo nothesitatetocontactme atthephonenumberorviathe e-mail address provided above shouldyouhave anyquestions orconcerns.

Respectfully

### submitted,



# ~~

**SEESP~c.**

cc: Encl.
Appendix A: SummaryofRequest (confidential treatmenthas been requested for appendices B

### G)

### Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: SEESPAN, Inc. (SEESPAN)

Sections of14 C.F.R. Affected: 14 C.F.R. §61.23(a) and (c) 14 C.F.R. §61.101(e)(4) and (5) 14 C.F.R. §61.113(a) 14 C.F.R. §61.315(a) 14 C.F.R. §91.7(a) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.15l(a)(l) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a)(l) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a) and (b)

Description of Relief Sought: Petitioner seeks relieffrom the requirements of 14 C.F.R. §§61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 9l.119(c), 91.121, 91.151(a)(1),, 91.405(a), 91.407(a)(l), 91.409(a), and 91.417(a) and (b) to conduct sUAS operations within a space controlled SEESPAN during daylight hours. In general, sUAS operations are intended to be conducted in areas remote from airports and heliports. The nature ofoperations anticipated by SEESPAN requires that the sUAS be flown at relatively low altitudes. SEESPAN expects that in most instances, the sUAS will be flown less than .200 feet in altitude and in no instances will beflown higherthan 400 feet abovethe ground. Accordingly, the risk of interference with other aircraft is minimal. Further, risk to the public is minimal and reduced significantly versus current aerial photography methods.