September 14th2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New JerseyAvenue, SE., Washington, DC 20590 Aerial Robotic Systems LLC 29314 N 19th Lane Phoenix, 

### AZ. 85085

VIA FEDERALOOCUMENT MANAGEMENT SYSTEM

Be: Exemption Bequest under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Siror Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "ReformAct") and 14 C.F.B. Part 11, Aerial Robotic Systems LLC, seeks an exemption from Federal Aviation Regulations ("FARs") detailed belowforthe following described UnmannedAerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew: THE UNMANNEDAIRCRAFT (UA): 

## 00 A lightweight (20 lb gross weight with all on-board equipment), manufactured by DJI, Inspire 1 , S1000, Phantom2, Phantom 3, and 3DR Solo and Iris that includes the following equipment inflight; 

### (!)An on-board flight computer with GPS navigation and location ability that receives signals for flight controlsfrom a ground-based transmitter/controller; (!)An on-board camera capable of capturing imagery intheform offull color, high definition still photos and video; 

## I!J An on-board telemetry system that delivers flight datafrom the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site; 

## 00 A 2.4GHz on-board radio transmitterthat transmits live video from the on-board camera plus all the flight data from the telemetry system described above; THE GROUP STATION -BASED PART OFTHE SYSTEM: 

### {!)A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAwhile inthe air; (!) A 2.4GHz radio transmitter/controlleroperated by the PIC to control the UAwhile inflight; 

### [i] A radio receiver receiving live video and flight datafrom the on-board camera and computer projects it all together onto a screen for the PIC toview during flight; 

## 00 A Visual Observer (VO) is a person who provides a second pair ofeyestovisuallytrack the UAwhile in flight.

### The requested exemption would support an application for a commercial Certificate of Authorization to use the above described ME System to Instructor training and demonstrations Aerial Photography and Cinematography Aerial mapping Agricultural Data Mining Search and Rescue Computer Vision I 

### Sense and Avoid never operating over persons not directly involved with the ME system. The UA, powered by batteries, is smaller, lighterand more maneuverable than larger aircraft running on combustible fuel, itoperates 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 ofonly 18 minutes, this is offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than groundbased imageryfor displaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter a full-sized helicopter for this purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real property and marine property
. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400ftAGL, at an airspeed of no more than 50 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 atall times during aflight operation; d) Operations will be restricted toflights over property with the permission of the property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UApilot with a similar UAtype; f) All required permits will beobtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalent to VFR; m) The PIC will brief the VO and property owner about the operation and risk beforethe first flight at each new location;n) Noflight may be made without a Pre-Flight Inspection bythe PJC before each operation to ascertain that the UAis in a condition safe forflight (seeAppendixA).
The PJC and VO will meetthe requirements outlined in FAA Policy N 8900

.227 Section 16 personnel Qualifications

.Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training. We submit that the combination of the UA's light weight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all of the Restrictions (a) through (n) listed above, the FAAcan have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission. The name and contact information of the applicant are: Aerial Robotic Systems LLC Ph: 602-885-3939 Email:aerobuiderdrew@gmail.com The regulations from which the exemption is requested are listed below

. Beside each regulation number is the page ofthe attached Addendum upon which each may befound togetherwith our proposed equivalent level of safetyfor each regulation :

- 14 CFR Part 21
................. ................Addendum Page 1

- 14CFR 91

.203

.. ...... .. .. .................... . Addendum Page 1

- 14CFR 45

.23, 45.29
.......................... Addendum Page 2

- 14 CFR 91

.9
................................. ...Addendum Page 2

- 14 CFR 61

. 113, 61.133
.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121..
............Addendum Page 3

- 14 CFR 91.151 .................................Addendum Page 3

- 14 CFR Subpart E {91.401 • 91.417)

......Addendum Page 3

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e){1)

...Addendum 1 We are prepared to modify or amend any part ofthis requestto satisfy the need for an equivalent level of safety. Please contact us at 

### anytime ifyou require additional information or clarification. We look forward to working with your office. Sincerely,



# ~~~ **9/~y/;~** Andrew Baker,Aerial Robotic Systems LLC Addendum containing Exemption Requests and Equivalent Level of Safety Appendix A- Flight Manual's Appendix B - Owner's Manual for UAADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVELOF SAFETY Aerial Robotic Systems LLC requests an exemption from the following regulations as well as any additional regulations that may technically applyto the operation of the ME System: 14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate

. While the FAAcontinuesto work to develop airworthiness standardsfor Unmanned Aerial Systems, we request an experimental certificate be issued forthe ME System under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new usesfor aircraft. (b) Showing compliance with regulations. Conducting flighttests and otheroperationsto show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons or property, will not carry fuel, and will onlyfly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement foran airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph

. 14 CFR 91

.203(a) 

### & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) providesthatthe airworthiness certificate be "displayed atthe cabin or cockpit entrance so that it is legible to passengersorcrew."At a maximum grossweight of6

.5 pounds, the UAistoo 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 documentsdeemed appropriate for this aircraft bythe FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In order to identify the aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following informationplus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR 45.23, which follows immediately afterthe proposed placard description below: AppendixA EXPERIMENTAL Manufacturer: OJI Innovations, Inc. 950 E BaselineAve

. Ste

. 210Apache JunctionAZ85119 Models: inspire 1, 51000, Phantom2, Phantom 3, and 3DA Solo and Iris 14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft mustdisplay "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft mustdisplaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance tothe cabin, cockpit, or pilot station. The UAdoes not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it bythe FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard onthe top ofthe aircraft, as shown above, wherethe PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch will be ableto see the designation. Additionally, we feel thatthe permanent placard discussed inthe previous paragraph will provide the aircraft's registration information atthe ground station

. Finally, we will display atthe ground station a high contrastflag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 31nches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin

. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure thatflight manual information is available to the aircrew while operating the aircraft

. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crewduring flight operations

. To obtain an equivalent level of safety and meetthe intent of 91.9, we propose that a current, approved UA Flight Manual (Appendix A) must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight. 14 CFR 61

.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation providesthat no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire

. Subparagraph (b) allows a private pilotto act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require thatthe PIC must either 1

. Hold a Sport Pilot Certificate issued bythe FAA, and have logged 25 hours of flight experience in this type of UA, or2. Meet the requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAAprivate pilot ground instruction" and pass "the FAA Private Pilotwritten examination

." Since there are currently no means available forthe pilot of a UAS to gain the experience in an equivalent category and class in orderto applyfor a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, at a minimum, FAAcommercial pilot ground instruction and passthe FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meetthe intent of 61.113 Subparagraph {b) even though the intent ofthis application is to conduct a business. 14CFR 91

.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used forflight instruction unless that aircraft has fullyfunctioning dual controls." The ME System ground-based control station consists of a small hand-held radiotransmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single setof controls simultaneously

. With both student and instructor having •hands-on" the controls during flight, we feel thatthis technique meets the intent 91

.1 09 and provides an equivalent level of safety. 14 CFR 91.119 Minimum safe altitudes: General. The regulation statesthat over sparsely populated areasthe aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, orstructure. Since the aircraft will be operating at a maximum of 400 feetAGL, we cannot comply with this requirement. In order to provide an equivalent level of safety we will onlyfly over private propertywith permission ofthe owner of the propertyflown over. The aircraft will not be operated over congested areas or over any open air assemblyof persons. The propertyownerwill be briefed on the expected route offlight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or property onthe surface

. Therefore we maintain that due to the small size ofthe UA, 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 settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The UAwill alwaysfly below 400feetAGLand will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UAon-board computerto the display screen held bythe PIC, providing a constantly updated AGL readout. 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 afterthat for at least 30 minutes. We feel the intention ofthis paragraph isto provide an energy reserve as a safety bufferfor delays to landing. The UA is batteryoperated and the maximum duration offlight from a single battery charge is 18minutes with a 20% reserve. Since the aircraft will never fly morethan 314 NMfrom the point of intended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and askforan equivalent interpretation with the word "energy"

. 14 CFR Subpart E (91.401
- 91

.417)
- Maintenance, Preventive Maintenance, Alterations The regulation providesthatthe 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 thatthe aircraft be "approved for return to service by a person authorized under 43

.7" after maintenance and inspection. It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service

." As provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed bythe 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 bythe manufacturer ortheir designated repair facility. The PIC will document work performed in accordance with 91.417

. We feel thatduetothe size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety

. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in orderto perform as a pilot or observer

. The UA maximum gross weight is 6

.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be In VLOS

. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden

. We propose that the minimum medical requirements forthe PIC and VO bevision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medicallyqualified to operate a much largervehicle

.APPENDIXA- FLIGHT MANUAL FLIGHT RESTRICTIONS a) Noflight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAAClass G airspace at no more than 400'AGL, at an airspeed of no more than 50 knots and nofurtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO)

. The VO and PIC must be able to communicate verbally at all times during a flight operation; d) Operations will 

### be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a mannerconsistent with 14 CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours of total time as a UArotorcraft pilot and at least ten hours logged as a UA pilot with a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not 

### be operated over densely populated areas; h) The ME System will not

### be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; 

### j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to dayonly and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owner about the operation and risk before the first flight at each new location ; n) No flight may be made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UAis in a condition safe forflight. PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted if necessary. 4

. Gimbal is functioning as normal. 5. Motors can start and arefunctioning as normal. 6. DJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and 

### will bring the UAV back to the PIC

.