# Butterfly360,	LLC. 3810	Williams	Point	Drive Cumming,	Georgia	30028
-9102 (678)	429
-3900**Butterfly360,	LLC.** 3810	Williams	Point	Drive Cumming,	Georgia	30028
-9102 Phone:	(678)	429
-3900 E
-Mail:john@butterfly360.com Web:www.butterfly360.com August	13,	2015 U.S.	Department	of	Transportation Docket	Operations West	Building	Ground	Floor,	Room	w12
-140 1200	New	Jersey	Ave.,	SE Washington,	DC	20590
Dear	Sir	and	Madam: This	application	is	being	submitted	on	my	own	behalf	without	legal	council	or	consulting	services. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the ReformAct) and 14 C.F.R. Part 11, Butterfly360, LLC, operator of Small Unmanned Aircraft Systems (“SUASs”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”)	to	allow	commercial	operation	of	its	SUASs,	so	long	as	such	operations	are	conducted	within	and	under the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	Section	333.1. As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Butterfly360, LLC to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all ofthe operational and safety requirements	Congress	has	set	forth	in	Section	333. Butterfly360, LLC is an image processing company that plans to exploit the capabilities of Unmanned Aerial Systems	to	offer	a	multitude	of	services,	including:

 Aerial	Surveying  Remote	Sensing  Event	Photography/Videography  Agriculture	Purposes  Real	Estate	Photography  Aerial	Filmmaking	and	Photography  Construction	Site	Inspections	and	Monitoring  Wildlife	and	Forestry Monitoring  Educational	and	Research	Operations **Statutory Authorit** 

**y** Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rulemaking required by Section 332(b)(1) of	this	Act	or	the	guidance	required	by	Section	334	of	this	Act.” In	Section	332(b)(1),	Congress	made	it	clear	that Section 333 provides a mechanism for “expedited operation authorization” ifseveral factors are met. Petitioner meets	all	requirements	to permit	FAA	approval	of	commercial	UAS	operations. **The	Petitioner	Requests	Relief	From	the	Following:** Regulations	from	which	the	exemption	is	requested:

14 C.F.R. Part	21 14	C.F.R. 45.23	(b) 14	C.F.R. 61.113(a)	and	(b) 14C.F.R. 91.7	(a)14	C.F.R. 91.9	(b)	(2) 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)	&	(b) 14	C.F.R. 91.205	(b) 14	C.F.R. 91.215 14	C.F.R. (91.401

– 91.417)
**Unmanned	Aircraft	System** SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel	cost,	reduced	noise	and	as	such,	a	much	smaller	environmental	impact	which	promotes	public	safety. We	are	petitioning	for	exemption	to	enable	Butterfly360,	LLC	to	operate	a	DJI Inspire	1	equipped	with	three
-axis gimbals and using High
-Def cameras. This SUAS has a built
-in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. The Inspire 1 also has the failsafe function of the Naza
-M autopilot system, which means when the communication between the Main Controller and the transmitter is disconnected, the outputs ofthe command sticks from controllerwill go to the center position. Ifthe GPS signal is	good	enough,	the	system	will	automatically	trigger	Return	to	Home	and	will	land	safely. **The	above	specifications	meet	with	the	Model	Aircraft	Operating	Standards	as	set	below:**

 Butterfly360, LLCwill only operate its SUAS in line ofsight ofa pilot and/or observer andwill operate at sites that are a “sufficient distance” from populated areas within the sterile area described in the FOPM. Such operations will ensure that the SUAS will “not create a hazard to users of the national airspace	system	of	the	public.”

 When	flying	SUAS	within	(3)	miles	of	an	airport,	airport	operators	will	be	notified	and	the	operator	will give	the	right	of	way	to	avoid	flying	in	the	proximity	of	full
-scale	aircraft.

 Maximum	flight	time	for	each	operational	flight	will	be	(30)	minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the (30) minute limit.

 The SUASwill be programmed so that itwill not be operated at an altitude ofno more than (400) feet AGL,	and	not	more	than	(200)	feet	aboveanelevated	platform	from	which	filming	is	planned.

 Minimum	crew	for	each	operation	will	consist	of	the	SUAS	Pilot	and	Visual	Observer.

 The SUAS operated by the petitioner weighs less than (55) pounds, including the payload (i.e. camera, lens	and	gimbals).

 The SUAS will operate at speeds ofno more than (50) knots, can hover and can simultaneously move vertically	and	horizontally.

 Giventhe small size ofthe SUAS andthe restricted sterile environmentwithinwhichtheywill operate, our	SUAS	operations	adhere	to	Reform	Act’s	safety	requirements. The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload	and	maximum	flight	time	of	only	(20)	minutes,	this	offers	little	or	no	risk	to	national	security.Low level oblique photos and video from several angles are far more effective than ground based imagery for displayingthe characteristics oflarge, complex propertieswith severalbuildings and largetrees. The applicants in the past have chartered (2)
-seat full sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation	from	the	UA	will	be	valuable	to	and	benefit	many	buyers	and sellers	of	real	property. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, police, sheriff, et al.,while remaining subject to all limitations cited in this	application	as	we	do	so.
a. No	flight	will	be	made	with	a	Gross	Weight	exceeding	(55)	pounds; b. All operations must occur in FAA Class G airspace at no more than (400) feetAGL, at an airspeed ofno more	than (25)	knots	and	no	further	than	3⁄4	NM	from	the PIC; c. All operations must utilize a Visual Observer (VO). The VO and PIC must be able to communicate by voice	at	all	times	duringa	flight	operation; d. Operations will be restricted to flights over private property with the permission of the property owner; e. All	required	permits	will	be	obtained	from	state	and	local	government	prior	to	operation; f. Butterfly360,	LLC	will	not	operate	over	densely	populated	areas; g. Butterfly360,	LLC	will	not	be	operating	over	any	open
-air	assemble	of	people; h. Butterfly360,	LLC	willnot	be	operating	over	heavily	trafficked	roads; i. Butterfly360,	LLC	will	not	be	operating	within	(5)	NM	of	an	airport	or	heliport.

We respectfully request exemption from Section 333 to enable Butterfly360, LLC to operate efficient, limited, low
-risk commercial SAUS operations for the activities stated respecting at all times the space and privacy of citizens and	property	whilst	keeping	our skies	safe. Sincerely,
John	A.	Kerlin Butterfly360,	LLC john@butterfly360.com www.butterfly360.com (678)	429
-3900**EXEMPTION	REQUESTS	AND	EQUIVALENT	LEVEL	OF	SAFETY** Butterfly360, LLC requests an exemption from the following regulations as well as any additional regulations that	may	technically	apply	to	the	operation	of	the	SUAS	System: **14	CFR	Part	21.	Airworthiness	Certificates** This	part	establishes	that	procedures	for	the	issuance	of	an	airworthiness	certificate.	While	the	FAA	continuesto work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be	issued	for	the	DJI	Inspire	1 under	either	or	both	of	the	following	provisions: **14	CFR 21.191	Experimental	Certificates** .	Experimental	certificates	are	issued	for	the	following	purposes:
a. **Research and**  **Development .**  Testing new aircraft design concepts, new aircraft equipment, new aircraft	installations,	new	aircraft	operating	techniques,	or	new	uses for	aircraft. b. **Showing Compliance**  **With Regulatio** **ns.** Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel,	and	will	only	fly	under	strict	operational	requirements.	Combined	with	the	UA’s	lightweight,	being constructed primarily ofcarbon fiber and plastic,we proposethatthe UAwill be at least as safe, ifnot safer, than a conventionally certificated aircraft performing that same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent	level	of	safety	outlined	in	the	previous	paragraph.

**14 CFR**  **45.23 Display**  **of Marks;**  **General and**  **45.29 Size**  **of M** **arks.** These regulations provide that each aircraft must display “N” and the aircraft’s registration number in letters at least (3) inches high. Additionally, the aircraft must display the work “EXPERIMENTAL” in letters at least (2) inches high near the entrance to the cabin, cockpit, or pilot station.	The SUAS does	nothave an	entrance inwhichtheword “EXPERIMENTAL” canbe placed, and may not have a registration number assigned to itby the FAA.We propose to achieve an equivalent level ofsafetyby includingthe	word “EXPERIMENTAL” inthe	placard onthetop ofthe aircraft, as shown above, where the PIC (Pilot In Command), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft’s registration information at the ground station. Finally,wewill display atthe ground station a high contract flag or banner that contains thewords “Unmanned Aircraft Ground Station” in letters (3) inches high or greater. Since the aircraft will operatewithin 3⁄4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its pointof	origin. **14 CFR**  **61.113 Private**  **pilot privileges**  **and limitations:**  **Pilot in**  **Command and**  **61.133 Commercial**  **pilot privileges	and	limitations.**  The regulation providesthat no	personthatholds a Private Pilot	certificate may act as a Pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connectionwith any business or employment if: (1) The flight is incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Recreational Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph	(b)	even	though	the	intent	of	this	application	is	to	conduct	a	business.**14 CFR**  **91.7 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 CFR**  **91.9 Civil**  **aircraft flight**  **manual, marking,**  **and placard**  **requirements.** This regulation provides that no person may	operate an aircraftunless a current, approval	flight manual is inthe aircraft.We assumethatthe intent ofthis requirementisto	ensurethat flight manual information is availabletothe aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level ofsafety and meet the intent of91.9, we propose that a current, approved SUAS Flight Manual must	be	available	to	the	crew	at	the	ground	station	anytime	the	aircraft	is	in,	or	preparing	for,	flight. **14 CFR**  **91.109 Flight**  **Instruction; Simulated**  **instrument flight**  **and certain**  **flight tests.**  The regulation states, “No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls.” The SUAS System ground
-based control station consists of a small hand
-held radio transmitter andwhile it does not offer a second set of“controls”, both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having “hands
-on” the controls during flight,we feel thatthis technique meets the intent of91.109 and provides an equivalent level of safety. **14 CFR**  **91.119 Minimum**  **safe altitudes:**  General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than (500) feet to any person, vessel, vehicle, or structure. Since the typical mission of the SUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than (500) feet to the items listed. Operations will only be f lown over property or persons where permission has been obtained and careful pre-flight planning has been performed. The aircraft will be operated at a low altitude allowing, ifa power unit fails, an emergency landingwithout undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft; which should be considered in granting	the	exemption. **14 CFR**  **91.121 Altimeter**  **settin gs.**  The regulation requires that aircraft shall maintain cruising altitudes by referenceto	an	altimeter setting availablewithin (100) NM of	the aircraft. The SUASwill always flybelow	(400) feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the launch and recovery point is transmitted via radio from the	SUAS	on
-board	computer	to	the	display	screen	held	by	the	PIC,	providing	a	constantly	updated	AGLreadout. **14 CFR**  **91.151 Fuel**  **requirements for**  **flight in**  **VFR conditions.**  The regulation provides that no person may begin a flight in an airplane under day
-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least (30) minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The SUAV is battery operated and the maximum duration of the flight from a single battery charge is (12) minutes with a 20% reserve. Since the aircraft will never fly more than 3⁄4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption to the word “fuel”	and	ask	for	an	equivalent	interpretation	with	the	word “energy”. **14 CFR**  **91.203(a) &**  **(b) Civil**  **aircraft: Certification**  **required.** The regulation provides that an airworthiness certificate,	with	the	registration	number	assigned	to	the	aircraft	and	a	registration	certificate	must	beaboard	the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”. At a maximum gross weight of (5.3) pounds, the SUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found	on	airworthiness	and	registration	certificates	be	permanently	affixed	to	the	aircraft	via	placard	containing the	following	information	plus	the	word	“EXPERIMENTAL”	to	satisfy	the	requirement	of	14	CFR	45.23. **14 CFR**  **Subpart E**  **(91.401 –**  **91.417) –**  **Maintenance, Preventive**  **Maintenance, Alterations.**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part (39) and (43). Paragraphs 91.407 and 91.409 require that the aircraft be “approved for return to service by a person authorized under 43.7” after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and “be authorized to approve theaircraft for return to service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every flight	and	in	addition	conduct	detailed	inspections	after	every	two	hours	of	flight.	Maintenance	performed	by	the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417.We feel that due to the size, construction and simplicity ofthe aircraft, the PIC can ensure an equivalent level	of	safety. **Safety	and	Benefits	of	the	UAS** Butterfly360, LLC will be using the SUAS in a variety of applications that generally require expensive full
-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full
sized manned aircraft for electric power line inspection, oil and gas pipeline inspection, advanced agriculture, film and still photography,just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with the small UAS carrying no passengers or crew creates a much greater margin ofsafety for the pilots and crew. By granting Butterfly360, LLC requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Butterfuly360, LLC is committed to promoting UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future	UAS	research	operations.	Thus,	the	FAA	has	good	cause	to	grant	this	Petition. **Conclusion** As pointed out in this application, all the SUASs which our company would use, under authorization by the US DOT
-FAA, are small, light
-weight devices operated within the line of sight of the Pilot
-in
-Command (PIC), less than (400) fee above the ground and outside (5) miles from any airport, heliport, seaplane base, spaceport, or other	location	with	aviation	activities,	unless	the	air	traffic	control	authorities	(ATC)	have	been	notified	and	have authorized	each	flight	within	a	radius	of	distance. All our SUASs have proven capability for controlled flight. They are devices offered for general sale on the market aroundtheworld	and have oftenbeen used as ModelAircraft inthe USA.We are certainthatthe studies conducted until now by the FAA, about Section 332, Public Law 112
-95, 2014, have already provided you with the	assurances	on	the	airworthiness	of	SUAs	such	as	ours. For the foregoing reasons, the exemptions requested herein should be granted and Butterfly360, LLC should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this application and it contents is the best demonstration	that	indeed	it	is	possible	to	pursue	the	authorization	process so	that	some	SUASs	may	be	used	for legitimate	commercial	activities	and	under	reasonably	safe	conditions.