William E. Korthals

Aerial Metrix

11104 Old Quarry Rd

Austin, TX 78717‐4877

March 8, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14

CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14

CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR

91.417(a) and (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

William E. Korthals, operator of small Unmanned Aerial Systems (sUAS), hereby applies for an

exemption from the listed Federal Aviation Regulations to allow commercial operation of a sUAS, 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.

Commercial operation sUAS, as described herein, which are equipped with cameras and sensors,

would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including:

Architectural scanning

Aerial surveying

Construction monitoring

3D Structural scanning

Photogrammetric mensuration

Remote sensing

Real estate videography

Other related professional activities

2. Aerial video and/or photography for public and/or private use including television, public or

private events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

5. Aerial video/photography for agricultural and land management activities.
As described fully below, the requested exemption would permit the operation of sUAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will

provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements

for the safe operation of such aircraft systems in the national airspace system.”

The name, phone, email and address of the applicant:

Name: William E. Korthals

Phone: (512) 626‐2625

Email: bill@aerialmetrix.com

Address: 11104 Old Quarry Rd., Austin, TX 78717‐4877

USA Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 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) (1) 14 CFR

91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The sUAS I will be using are multi‐rotor craft weighing less than 55 lbs including payload. Under

normal conditions they operate at speeds of no more than 100 Mph or 87 Knots and have the ability

hover and move along a vertical and horizontal plane simultaneously. They will operate within visual

line of sight (VLOS) by the person(s) authorized by Aerial Metrix, obeying all other local and federal

laws. Given the small size of the sUAS and the controlled environment provided the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this application

presents no national security issues. Regarding the level of safety surrounding the proposed

operations and the public benefit, reduction in environmental impacts, including but not limited to

reduced emissions and noise, the grant of the requested exemption is in the public interest.

Accordingly, the applicant requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft. These

limitations and conditions to which the applicant agrees to adhere to when conducting commercial

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM)

include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within VLOS of the Pilot in Command (PIC) and/or Visual Observer

(VO).

3. Maximum flight time for each operational flight will be 15‐90 minutes. Flights will be

terminated at 25% battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and

not more than 200 feet above an elevated platform from which filming is planned.
5. Minimum crew for each operation will consist of the sUAS PIC and the VO, when needed, and

may include, but not limited to, a remote Camera Operator.

6. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight

consisting of all production activities.

7. The PIC will obtain verbal and/or written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission or direction of the

Flight Standards District Office (FSDO), operations at closer range may be approved.

8. The PIC and VO will have been trained in operation of sUAS and receive up‐to‐date

information for the particular sUAS to be operated and will be able to show upon request

their competent ability to operate the sUAS and/or Camera.

9. The PIC and VO will be able to communicate by voice or radio at all times.

10. Written and/or verbal permission and permits will be obtained from territorial, state, county

or city jurisdictions, including law enforcement, fire or other appropriate governmental

agencies when required.

11. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to

return to a predetermined location within a designated location and land autonomously.

12. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited

operating area associated with the aircraft to be used by the Applicant, an exemption from Part 21

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of

the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act 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 sUAS. In all cases, an analysis of these criteria demonstrates that the

sUAS operated without an airworthiness certificate, in the restricted environment and under the

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions

proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

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

secured and designated area. Unlike other civil aircraft, operations under this exemption will be

tightly controlled and monitored by both the operator and under the requirements and in compliance

with local public safety requirements. These safety enhancements provide a greater degree of safety

to 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, location of operation, lack of explosive materials or flammable liquid fuels, and

inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration

number is displayed on limited, restricted or light‐sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the

words "limited," "restricted," "light‐sport," "experimental," or "provisional," as applicable. Even

though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will

have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be

placed. Given the size of the sUAS, two‐inch lettering will be impossible. The word “Experimental” will

be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided

by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and

others working with the sUAS will see the identification of the sUAS as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do

not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR

61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks

attendant to the operation of sUAS is far less than the risk levels inherent in the commercial activities

outlined in 14 CFR 61. I believe the operation and limitations set forth in the FOM will equate to the

safe operation of the sUAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted,

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for

maintenance and use of safety checklists prior to each flight an equivalent level of safety will be

provided.

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

Section 91.9 (b) (2) provides: 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. The sUAS, given its size and configuration has no

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on

board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent
level of safety will be maintained by keeping the flight manual at the ground control point where the

pilot flying the sUAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight

battery requirements, landing and takeoff distances and aircraft performance data before initiation of

flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS

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

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

communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft

and by the size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is

planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will

never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is

used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be

operated more than 100' above the highest point on the structure. It will however be operated in a

restricted area with security perimeter, where buildings and people will not be exposed to operations

without their pre‐obtained consent. The equivalent level of safety will be achieved given the size,

weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without

the permission of the property owner or local officials. Because of the advance notice to the property

owner and participants in the filming activity, all affected individuals will be aware of the planned

flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft operating at or below

500 AGL. In addition, the low‐altitude operations of the sUAS will ensure separation between these

sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the

operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of

the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “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.” The batteries powering the

sUAS provides approximately 15 to 90 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, sUAS flights would be unnecessarily limited in length. Given the

limitations on the sUAS proposed flight area and the location of its proposed operations within a

predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions. Operating the sUAS, in a tightly controlled area where only people and property owners

or official representatives who have signed waivers will be allowed, with less than 30 minutes of

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate

given the size and speed of the sUAS. Additionally, limiting sUAS flights to having a reserve of 30

minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes

that an equivalent level of safety can be achieved by limiting flights between 15 and 90 minutes or

25% of battery power— whichever happens first. This restriction would be more than adequate to

return the sUAS to its planned landing zone from anywhere in its limited operating area.

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

The regulation provides 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.

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on the

sUAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the sUAS will have immediate access to them; to the extent they are applicable

to the sUAS.

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,”

and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section

and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and

operating handbook. An equivalent level of safety will be achieved because these sUAS are very

limited in size and will carry a small payload and operate only in restricted areas for limited periods of

time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher

than 400 feet AGL. 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. Moreover, 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.

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

in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual

(AOM). As provided in the FOM, the operator will ensure that the sUAS is in working order prior to

initiating flight and perform required maintenance needed.

sUAS Information:

3D Robotics X8+

3D Robotics Solo

DJI S1000+

DJI S900

DJI Inspire

Event 38 E384

Freefly ALTA

RiteWing Drak

Thank you for reviewing my application for a Section 333 exemption. Please, contact me with any

questions or concerns.
Sincerely,

William E. Korthals

Aerial Metrix