Patrick MacAllister

DBA, Aerial Optics P.O Box 26 Humarock MA 02047 (781)588

- 3259 Patrick@aerialoptics.net Date: January

22 2015 U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 RE: Patrick MacAllister DBA Aerial Optics for Exemption Pursuant to Section 333 Of the FAA Reform Act Attn: To whom it may

concern Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Patrick MacAlli ster DBA, Aerial Optics , owner and operator of Small Unmanned Aircraft Sy stems (“sUAS ”) equipped to conduct aerial photography and videograph y, hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of sUAS , so long as such operations are conducted within and under the conditions outlined herein or as may be established b y the FAA as required by Section 333.1 The proposed exemption, if granted, would allow Patrick MacAllister DBA, Aerial Optics to conduct commercial operations of small unmanned aircraft s ys tems (“ s UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Statutory Authority Section 333, titled “Special Rules for Certain Unm anned Aircraft Sy stems”, 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 sy stems may

operate safely

in the national airsp ace sy stem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required b y section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “ expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. **The Petitioner Requests Relief From the following regulations: 14 C.F.R. Part 21**  **14 C.F.R. 45.23 (b) 14**  **C.F.R. 91.7 (a) 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. 91.215**  **14 C.F.R. 91.405 14 C.F.R. 91.407**  **14 C.F.R. 91.409 14 C.F.R. 91.417**  **14 C .**  **F .**  **R .**  **91.109** Patrick MacAllister DBA, Aerial Optics is peti tioning for exemption to enable Aerial Optics to operate a DJ I F550 (6 Motor sUAS) Utilizing the DJINaza
- M V2 flight controller and a custom built 450mm waterproof quad copter (4 Motor) sUAS also utilizing the DJ I Naza
- M V2 flight controller. The sUASs wi ll be equipped with cameras, camera stabilizing gimbals and OSD (on screen display s) providing the PIC with altitude, airspeed, battery life and direction. Our UAS flight controllers utilize GPS to limit the altitude above the ground and limit the radius o f the dis tance it flies from the PI C

. Our UASs have GPS guided failsafe functions allowing the autopilot system to fly

back to the launch site autonomously . If the transmitter is disconnected the sy s tem will automatically trigger r eturn to h ome and will land safel y. Our larger UASs will be equipped with emergency parachute s ys tems to drasticall y reduce damage to objects or persons on the ground in the event of a total s ys tem malfunction. Pending FAA exemption Aerial Optics will be testing other styl es of s UAS including coaxial motor configurations to aid flight characteristics in less than perfect conditions. Any new sUAS will be thoroughl y tested and adhere to regulations imposed by FAA Section 333.1 and our General Operating Standards listed on page #3&4. Please refer to the attached Naza
- M V2, and DJ I
- F550 instruction m anual for the performance limitations and flight operations

. Aerial Optics is owned and operated b y Patrick MacAllister. Patrick has been in the Aviation Industry for 24 years and holds a commercial rotorcraft license as well as a current CFI (Certified flight instructor) certificate. He has flown many aerial tours and photo flights piloting manned aircraft, has over 20 years experience in remote controlled aircraft and 2 years experience building, testing and fl yi ng sUAS. **Our commercial activities would include** :

 Aerial s urveying  Event photograph y/v ideography  Real estate p hotograph y  Aerial filmmaking and photograph y  Unmanned aerial sightseeing  Construction site inspections and monitori ng  Building inspections  UAS training and safe operations**FCC INFORMATION**

This Spektrum transmitter used for controlling the sUAS complies with part 15 of the FCC rules. Please refer to the attached Spektrum transmitter manual, Operation is subject to the following two conditions: (1) This device may

not cause harmful interference, (2) T his device must accept any interference received, including interference that may cause undesired operation. The Spektrum radio transmitter used for controlling the sUA S is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. **PILOT IN COMMAND AND OBSERVER QUALIFICATIONS AND DUTIES** T he PI C will m aintain at least a Commercial Pilot Certificate and a current Class III medical certificate, plus at least 2 hours flying time and 3 takeoffs and landings within 30 day s in the t ype of UAS utilized in operations. The PI C will have at least 40 hours total t ime and at least 2 0 hour s flying Radio Controlled Aircraft of which will be 10 hours flying sUAS. The PI C is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation and post flight requirements. P rocedures including but not limited to:

 Safe flight operations
 Risk assessment and mitigation to persons and property
 Site s uitability The Observer must have the v isual acuity to observe the sUAS and be able to communicate clearl y with the PIC utilizing hand signals, verbally or 2 way radios

. The Observers duties are;

 Notifying the PIC of an y impending obstacles in the flight path of the sUAS.  Notifying the PIC of an y deviations in the planned flight path of the sUAS.  Notifying the PIC if unauthorized persons enter the area of the planned flight.

**GENERAL OPERATING STANDARDS**

 Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PI C will give the position, altitude and the times the sUAS will be operated. The sUAS will not beoperated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles

visibility and a 1000 foot ceiling.

 Befo re an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the PIC will give the right of way to avoid fl yi ng in the proximity of full

- scale aircraft. At no time will the sUAS be operated within the final approac h course and the takeoff course of any runway . The sUAS will not be ope rated at an altitude of over 200 feet AGL.

 Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

 Aerial Optics will only operate its s UAS in line of sight of a PIC and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will not create a hazard to users of the national airspace s ys tem or the public.

 All of our operations will be under 200’ if we are operating within the 30mi reach of a mode c vail.

 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 sUAS will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the sUAS Pilot, and Visua l Observer.

 The sUA S operated b y the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

 The sUAS will op erate at speeds of no more than 50 knots, can hover, and can simultaneously

move vertically

and horizontal ly

.

 All operations must utilize a visual observer (VO). The VO and PIC must be able to Communicate by

voice , 2 way

radio or hand signals at all times during a flight operation.

 Operations will be restricted to flights over water, public or private prope rty with the permission of the property owner(s)  All required permits will be obtained from state and local government prior to operation.

 sUAS will not be operat ed over densel y populated areas.

 sUAS will not be operating over an y open - air assembly of people. sUAS will not be operating over heavil y tr afficked roads.

 All new to service sUAS both custom and pre

- manufactured will have a minimum of 25 logged flight hours and deemed safe b y the PIC prior to commercial operations.
**HOW THIS REQUIST IS TO THE BETTERMENT OF OUR COMMUNITY**  Our UAS are powered b y batteries, smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereb y reduce current risk levels associated with traditional aircraft, enhance safety and diminish the likelihood of death or serious bodily i njury . Also w ith a small payload and t ypical flight time of onl y 20 minutes, there is little or no risk to national security. Low level photos and video are far more effective than ground or high altitude manned aircraft imagery for displayi ng detailed characteristics of ground based objects. The applicant in the past has chartered full

- sized helicopters for this purpose, which has proven more cost ly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA S will be incredibly valuable to future clients. Aerial sightseeing will be conducted safel y over coastal Massachusetts water way s and underpopulated areas. This new form of t ourism will allow all individuals including children, elderl y and disabled to enjoy the fee ling of flight and see the area from a bove without the noise, danger and cost associated with traditional helico pter s . Additionally , we will make our sUAS available to first responders in our community who might require assistance , including fire fighters, police, sheriff, et al., while remaining subject to all limitations cited in this application.
**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY**  Patrick MacAllister DBA Aerial Optics requests an exemption from the following regulations as well as an y additional regulations that may technically

ap pl y to the operation of the sUAS Sy stem. **14 CFR Part 21, Airwo rthiness Certificates**  **:** This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimenta l certificate be issued f or our UAS’s under either or both of the following provisions: 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 regulations** 

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show c ompliance for issuanceof ty

pe and supplemental ty

pe 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 use d for commercial purposes such as market survey s, 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 fl y under strict operational requirements. Combined with the UA S lightweight, being constructed primarily of carbon fiber and plastic in conjunction with the ability

to utilize emergency

parachute s ys tems. W e propose that the UAS will be at least as safe, if not safer, than a conventionall y certificated aircraft performing the 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, an d the requirement for an airworthiness certificate in general, citing the equivalent level of s afety outlined in the previous paragraph. **14 CFR 45.23 Display of marks; general and 45.2 9 Size of marks:**  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 word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, coc kpit, or pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may

not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety b y including the word "EXPERIMENTAL" in the placard on the top of th e aircraft, as shown above, where the PI C (Pilot In Control), 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 i n the previous paragraph will provide the aircraft's registration information at the ground station. Finally , we will display

at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inche s high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. **14 CFR 91.7 Prohibits the Operation of an aircraft wi thout an airworthiness certificate**  : As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **91.119 Minimum safe altitudes** : The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photograph y or survey of persons, vessels, vehicles o r structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over propert y or persons where careful pre

- planned flight path has been performed. In the event of a s ys tem malfunction or emergency landi ng with or without a deployed parachute. The hazard to persons or propert y on the surface will be very limited . Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircra ft, which should be considered in granting the exemption.**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 sUAS will alway s fl y below 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 takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held b y the PI C, providing a constantl y updated AGL readout. The Naza M V2 flight controller can be configured to geo

- fence the UAS under the 400’ maximum altitude. **14 CFR 91.151 Fuel requirements for flight in VFR conditions** : The regu lation provides that no person may begin a f light in an airplane under day

- VFR conditions unless there is enough fuel to fl y to the first point of intended landing and to fl y after that for at least 30 minutes. The purpose of this is to provide an energy r eserve as a safety buffer for delay s to landing. 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 of this paragraph. **14 CFR 91.2 03(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) 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 55 pounds, the sUAS is too small to carry

documentation, does not have an entrance, and i s not capable of carrying 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 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 "EXP ERIMENTAL" 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 airworth y co ndition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service b y a person authorized under 43.7" after maintenance and inspection. It is our intention that the PI C perform maint enance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PI C will ensure that the aircraft is in an airworthy condition prior to every

flight and in addition conduct detailed inspections after every five hours of flight. All m aintenance will be performed by the PIC in accordance with the manufactures manual. If required maintenance is beyond the ability of the PIC the maintenance will be performed by the manufacturer or their designated repair facility . Th e PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PI C can ensure an equivalent level of safet y. **14 CFR 91.109 Flight Instruction; Simulated instrument flight and c ertain flight tests**  **:** The regulation states that "No person may operate a civil aircraft that is being used for flightInstruction unless that aircraft has fully functioning dual controls." Training will be conducted by Aerial Optics we have the abi lity to provide dual controls utilizing two Spektrum transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PI C instructor, uti lizing the mast er transmitter, will be at all times be able assume control of the sUAS

. **14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use:**  This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically

replies to Mode C interrogations. Due to the small size and lifting capabilities of our UASs we cannot carry a traditional transponder. All of our o perations will be under 250’ if we are operating within the 30mi reach of a mode c vail.
**CONCLUSION** By granting Patrick MacAllister DBA, Aerial Optics requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public know ledge base for such operations of UAS. Aerial Optics is committed to promoting the UAS research effor

ts of policy

makers by

sharing data from its commercial UAS operations and serving as a resource for future UAS r esearch operations. As pointed out in this application, all the sUAS s which our compan y 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 (PI C), less than 400 fe et above the ground and outside 5 miles from an y airport or location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance. Aerial Optics seeks an ex emption pursuant to 14 C.F.R. and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of our UAS commerciall y, without an airw orthiness Certificate. By granting this Petition, the FAA Administrator will be f

ulfillin g the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing Aerial Optics to safel y, efficientl y, and econo micall y operate s UA Ss commerciall y within the NAS. Wherefore , in accordance with the Federal Av iation Regulations and the FAA Modernization and R eform Act of 2012, Section 333, Aerial Optics respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections

.
Sincerel y, Patrick MacAllister Aerial Optics