## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com October 23, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE \ Washington, DC 20590

Attention: FAA Administrator

Re: Exemption Request Section 333 of the FAA Reform Act and Par t 11 of the Federal Aviation Regulations form 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 9 1.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear FAA Administrator,

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act) and 14 CFR Part 11, Air Assets, Inc. dba Air Assets International, is the operator of Unmanned Aircraft Systems (UAS) equipped to conduct aerial photography and cinematography services hereby applies f or an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operations of its UAS 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.

As described in more detail below, the requested exemption woul d permit the operation of small, unmanned and relatively inexpensive UAS under controlled conditions in the NAS that is both limited and predetermined. Approval of this exemption would thereby enhance safety and fulfill the Secretar y of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operations of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act.

Regulations from which the exemption is requested: 14 CFR

Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a)
14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.215 (a) & (b)
14 CFR 91.131 (d)
14 CFR 91 405 (a)
14 CFR 407 (a) (1)

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Co ngress’ goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which typ es of UASs do not create a

hazard to users of the NAS or the public or pose a threat to national sec urity in light of the following:



###  The UAS’s size, weight, speed, and operational capability;



###  Operation of the UAS in close proximity to airports and populat ed areas



###  Operation of the UAS within visual line of sight (VLOS) of the Pilot/”Operator”

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UASs, from the requirement that all civil aircraft must have a current airwort hiness certificate.

The Administrator may grant an exemption from the requirement o f a regulation prescribed under subsection (a) or (b) of this section or any sections 44702--

‐ 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C §44701(f) See also 49 USC §44744(a); 49 USC §44704l 14 CFR §91.203 (a) (1).

Air Assets, Inc. plans to operate, the DJI PHANTOM 3 Profession al UAS, which is comprised of an unmanned aircraft (UA or Phantom 3) and a trans portable ground station. The Phant om 3 is referred to as a quad-copter with a maximum gross weight of appoximately 3 pounds. It is equipped with four rotors that are driven by electric motors powered by

batteries. The UA has a maximum airspeed of 36 MPH. (see Append ix A)

Air Assets, Inc. also plans to operate a UAS, the DJI Inspire 1 which is comprised of an unmanned aircraft (UA or Inspire 1) which utilizes a transportable ground station. The Inspire 1 is referred to as a quad-copter w ith a maximum gross weight of about 6.5 pounds. It is equipped with four rotors that are driv en by electric motors powered by batteries. The UA has a maximum airspeed of 50 MPH. (see Appendix A)

Given the small size of the UASs involved and the limited envir onment within which that will operate, the applicant falls squarely within that zone of safe ty (an equivalent level of saf ety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the limited areas in which the relevant UASs will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the F ederal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed oper ations, and the significant public benefit, including enhanced safety with allowing UASs for commercial aer ial videography and photography operations, the grant of the requested exemptions is in the public interest. Accordin gly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and they operate with the limitations listed herein. These limitations p rovide for at least and equivalent or even higher level of safety of operations under the current regulatory structure because the proposed operations are conducted on closed off property under the permission of the property owner or property representative.

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com These limitations and conditions to which Air Assets, Inc. agre es to be bound when conducting commercial operations under an FAA issued exemption include:



### 1. The UAS will weigh less than 55 lbs.



### 2. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or observer.



### 3. Maximum total flight time for each operational flight will be 3 0 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 30 minute limit.



### 4. Flights will be operated at an altitude of no more than 500 fee t AGL or, when photographing a structure taller than 500 feet, the UAS will not be operated more than 100’ abov e the highest point on the structure.



### 5. Minimum crew for each operation will consist of the UAS Pilot/” Operator”, and the Visual Observer.



### 6. UAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pil ot/”Operator” deems another “Pilot/”Operator” “ to be qualified with the necessa ry skills to be the “Pilot/”Ope rator”, that person can also be designated as “Pilot/”Operator” “ provided they have a minimum of 40 hours of flight time with the UAS.



### 7. Flights will be operated at a lateral distance of at lest 50 fe et from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation.



### 8. A briefing will be conducted in r egard to the planned UAS opera tions prior to each flight activity. It will be mandatory that all personnel invol ved with the operational duti es of the flight be present for this briefing.



### 9. Pilot/”Operator” and observer will have been trained in operati on of UAS generally and received up--

‐ to--

‐ date information on the particular UAS to be operated.



### 10. The “Pilot/”Operator” “ will have at least a class 3 medical ce rtificate.



### 11. Observer and Pilot/”Operator” will at all times be able to comm unicate by voice, radio, and/or text.


### 12. Written and/or oral permission fro m the relevant property holde rs or property representatives will be obtained.



### 13. If the UAS loses communications or loses its GPS signal, the UA S will have the capability to return to a

pre--

‐ determined location and land autonomously.



### 14. The UAS will have the capability to abort a flight in case of u npredicted obstacles, weather, or emergencies.

14 CFR §91.109: Flight Instruction

No person may operate a civil aircraft (except a manned free ba lloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

UAS and remotely piloted aircraft, by their design do not have fully functional dual cont rols. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communication. The FAA has approved exemptions for flight training without full functi onal dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact the neither a pilot nor passengers will be carried in the aircraft and by the size and speed of th e aircraft.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 established safe altitudes for operation of civi l aircraft. Section 91.119 (d) allows that helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 500 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate higher that 500 AGL

with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 500 feet AGL, the UAS will not be operated more than 100 feet a bove the highest point on the structure.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be t aken without the permission of the property owner. Because o f the advance notice to the property owner and other partic ipants in the activity, all affe cted individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associ ated with these operations is far less than those presently

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com presented with conventional aircraft operating at or below 500 feet AGL. In addition, the low--

‐ altitude operations of the UAS will ensure separation between the UAS operations and the o perations of conventional aircraft that must comply

with Section 91.119.

14 CFR §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to m aintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropria te altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude readout, and exemption may be needed. An equivalent level of safety will be achieved by the Pilot/”Operator”, pursuant to t he safety checklist and live fli ght data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before f light.

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions

Sections 91.151(a) prohibits an individual from beginning “a fl ight in an airplane under VFR conditions unless (considering wind and forecast weather conditions” there is eno ugh fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly aft er that for at least 30 minutes; or (2) at night, to fly after

that for at least 45 minutes.”

The battery powering the UAS provides less than 30 minutes of p owered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations of the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for flight in daylight or twilight CFR conditi ons is reasonable.

Applicant believes that an exemption from 14 CFR §91.151 (a) fa lls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the UAS, in a limited area where only pe ople and property owners or representative with less than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was intended to alleviate given the size and speed o f the UAS. Additionally, limiting the UAS flight to 10 minutes would greatly reduce the utility for which the exemptio n will be granted.

Applicant believes that an equivalent level of safety can be ac hieved by limiting flights to 30 minutes or 20% of battery power – whichever happens first. This restriction would be more than adequate to return t he UAS to its planned landing zone from anywhere in its limit ed operating area. Similar exemp tions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certificati on and Registration The

regulation provides in the pertinent part:



### (a) Except a provided in § 91.715, no person may operate a civil ai rcraft 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 displaye d at the cabin or cockpit entr ance so that it is legible to

passengers or crew.

The UAS fully loaded weighs less than 55 lbs. and is operated w ithout an onboard pilot. As such, there is no ability to place to carry certification and registration documents or to d isplay them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the Pilot/”Operator” flying the UAS will have immediate access to t he documents to the extent they are applicable to the

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700.

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting equipment and use

The pertinent section of 91.215 (a) & (b) requires the “(a) All airspace: U.S.--

‐ registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponde r equipment installed. . . 

### (b) All airspace. Unless otherwise authorized or directed by ATC, no person may o perate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder”. . .

This requirement applies



### (1) All aircraft. In Class A, Class B, and Class C airspace areas;



### (2) All aircraft. In all airspace within 30 nautical miles of an ai rport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

Likewise, the pertinent section of 91.131 (d); Operating Rule i n Class B Airspace



### (d) other equipment requirements.

“No person may operate an aircraft in a Class B airspace area u nless the aircraft is equipped with



### (1) The applicable operating transponder and automatic altitude rep orting equipment specified in §91.215 (a) . . . and



### (2) After January 1, 2020, the appli cable Automatic Dependent Surve illance--

‐ Broadcast Out equipment specified in §91.225.”

Because of the small size and limited lifting capacity of the U AS, the UAS cannot be fitted with and operate a transponder and automatic altitude reporting equipment specifie d in paragraph of 91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level of safety can be assured using the procedures defined for each class of airspace.

Within the surface areas of Cla ss “B”, Class “C”, Class “D” Air space

Within the lateral boundaries of the airspace, the Pilot/”Opera tor” “ will establish 2 way communications with the ATC facility having jurisdiction for that area. The Pilot/”Operator ” will provide the location (heading and distance) relative to the center of the airspace and request clearance to “Maneuver” above that location at or below 500 feet AGL. The Pilot/”Operator” will be responsible for “see and avoid” traffi c conflicts. The Pilot/”Operator” will at all times yield right of way to ANY and ALL manned fli ght operations. All operations within 2 miles of the primary airport will be pre--

‐ arranged with that controlling facility. Any and all restrictio ns placed on the operations will be complied with so that all

manned operations can be conducted without negatively impacting flight safety.

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Ma intenance Inspections

These regulations require that an aircraft operator or owner “s hall 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 sec tion, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with

Part 43.

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com Given that these sections and Pa rt 43 apply only to aircraft wi th an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the Pilot/”O perator” pursuant to the flig ht manual and operating and handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carr y small payload and operate only in limited areas for short perio ds of time. If mechanical issues arise the UAS and land immediately and will be operating from no higher than 500 feet AGL. The Pilot/”Operator” will ensure that the UAS is in working order prior to initiating flight, perform required main tenance, and keep a log of any maintenance performed. Moreover, the Pilot/”Operator” is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safet y will be achieved because maintenance and inspections will be performed and accordance with the UAS manufacturer’s manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manua l, the Pilot/”Operator” will ensure that the UAS is in working order prior to in itiating flight and perform required maintenance needed.

Additional Views and Information

Of the applicants, Gordon R. Pag e has been involved in building and piloting of radio controlled vehicles for over 40 years. Gordon R. Page is an FAA certified Commercial Pilot with an Instrument Rating. (see Appendix B)

Summary

As set forth herein, Air Assets, Inc. seeks an exemption pursua nt to 14 CFR Part 11, and the following summary is provided for publication in the Federal Register, should it be determine d that publication is needed:

Air Assets, Inc. seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b).

By granting this Petition, the FAA Administrator will be fulfil ling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while als o advancing the interests of t he public, by allowing Air Assets, Inc. to safely, efficiently, and economically ope rate the DJI Phantom 3 UAS and DJI Inspire 1 commercially within the NAS.

Approval of exemptions allowing commercial operations of UASs t o conduct aerial photography and cinematography services will enhance safety by reducing risk. Conventional pho tography operations, using jet or piston powered aircraft, at extremely low altitudes, often very close to the subject being filmed and in close proximity to people and structures; and present the risks associated with vehicles that exceed 3,000 lb s., carrying large amounts of jet A or other fuel. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries elimin ates virtually all of the risk given the reduced mass and

lack of combustible fuel carried on board. The UAS is carried to the lo cation. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated wi th manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conduc ted in the conditions ou tlined above, will provide an equivalent level of safety supporting the granting of the exemp tions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operat ions. These lightweight aircraft operate at slow speeds, close to the ground but under 500 feet AGL, and within the limi ted area and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and peop le.

Privacy
All flights will occur over private or controlled access proper ty with the property representative or owner’s prior consent and knowledge. Filming will be of people who have also consente d to being filmed or otherwise have agreed to be in the area where filming will take place.

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com All flights will occur in accordance with any state or local la ws regarding privacy.

Satisfaction of the criteria provided in Section 333 of the Ref orm Act of 2012—size, weight, speed, operating capabilities, proximity to airports and populated areas and operations within visual line of sight (VLOS) and national security – provide more than adequate justification for the granting of th e requested exemptions allowing commercial operation of applicants UAS in the aerial photography and cinematography services industry.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Air Assets, Inc. respectfully requests that the Ad ministrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91. 121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Air Assets, Inc. to operate the DJI Phantom 3 UAS and DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and cinematography servi ces over certain areas of the United States.

Respectfully submitted this 23 rd day of October, 2015,

Gordon R. Page

President

Air Assets, Inc.

2650 S. Main St., Bldg. A

Erie, CO 80516
(303)517-5078
gpage@airassets.com

www.airassets.com

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com Appendix A

Link to DJI Phantom 3 Manua l: Click on link below

http://download.djiinnovations.com/downloads/phant om_3/en/Phantom_3_Professional_U ser_Manual_v1.4_en_0915.pdf

Link to DJI Inspire 1 Manua l: Click on link below

http://download.dji-innovations.c om/downloads/inspire_1/en/Insp ire_1_User_Manual_v1.4_en.pdf

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com Appendix B

## 2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com GLOSSARY OF ABBREVIATIONS

AGL A bove Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviati on Administration

FAR Federal Aviati on Regulation

GCS Gr ound Control Station

GPS Global Positioni ng System

LOL Loss of Li nk NAS National Airsp ace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization a nd Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operati ng Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological C onditions

VTOL Vertical Takeoff a nd Landing