AERIAL SYNDICATE LLC

Elliot B. Leboe, Founder & President

PO Box 791407 Paia, Hawaii 96779 USA
Tel: 808.283.6148
Email: elliot leboe @ mac .com

September 2 5 , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE, West Building Ground Floor, Room Wl2

- 140 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)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, AERIAL SYNDICATE LLC (“AERIAL SYNDICATE” or “Applicant” ), operator of Small Unmanned aircraft Systems (“sUAS”), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS to perform aerial data collection and closed set motion picture and fil ming, so long as such operations are conducted within and under the conditions outlined herein or as my 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 real estate, architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for publi c and/or private use including television, live video
f eed webcasting, public /sporting events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures and agriculture properties
under contract with the owners or local government authority.

4. Aerial inspections/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.2

5. Aerial video/photography or providing live video feed to a ssist 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.

6. The ability to offer training to persons individually or belonging to both priva te and/or public organizations that have interests in the use and application of sUAS for the purpose of the safe operation of sUAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property.

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 th e 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 s afe operation of such aircraft systems in the national airspace system.”

The name and address of the A pplicant is:

AERIAL SYNDICATE LLC Elliot B. Leboe, Founder & President

PO Box 791407 Paia, Hawaii 96779 USA
Tel: 808.283.6148
Email: elliot leboe @ mac .com

Regulations f rom which the exemption is requested:

14 CFR Part 21 S ubpart 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 91.145(b) 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)( 1) & (a)(2) 14 CFR 91.417(a) & (b)3

The sUAS are multi

- rotor craft weighing no more than 55 pounds including payload. Under normal conditions they operate at speeds of no more than 50 k no ts and have the ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of sight and will operate within a closed off and predetermined area.

Given the small size of the sUAS and the co ntrolled 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 p ublic 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 wit h minimum delay.

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 A pplicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM)

, pursuant to Appendix B

, include:

1. T he sUAS weighs less t han 55 pounds, including payload. Operations requested in this petition for exemption are limited to the following aircraft: Hexacrafter HC

- 800, DJI Phantom 3
Professional , TBS Discovery Pro, DJI Inspire 1 Pro and Freefly Alta. P roposed operations of any other sUAS will require a new petition or an amendment.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserv e or 30 minutes of flight time whichever occurs first.

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 Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator.

6. The sUAS PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certifica te. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

7. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight consisting of all the days’ production activi ties.
8. The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

9. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight4

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 of the FSDO, operations at closer range may be approved.

10. The PIC and VO will have been tr ained in operation of sUAS and rece ive up

- to

- date information
for the particular sUAS to be operated.

11. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

12. Written and/or verbal permission and permits will be obtained fr om territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies in
connection with close

- set filming or as otherwise required

. 13. If the sUAS loses communications or loses GPS signal, the sUAS wi ll have the capability to return

to a pre

- determined location within a designated location and land autonomously.

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

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §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 opera ting area associated with the aircraft to be utilized 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 conventio nal 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 pounds 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 requ irements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted wi th airworthiness certificates issued under 14 CFR 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 operati on, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR P art 47 Marking of the Aircraft

All aircraft operated in accordance with this exemption must be identified by serial number, regis tered
in accordance with 14 C F R P art 47, and have identification (N Number) markings in accordance with 14

C F R P art 45, S ubpart C. Markings must be as large as practicable.5

1 4 CFR § 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 t herefore we are seeking an exemption to 14 CFR 61.113(a).

14 CFR §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 check lists prio r to each flight, an equi valent level of safety will be provided.

14 CFR §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 Airplan e 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 contro l point where the pilot flying

t he sUAS will have immediate access to it.

14 CFR §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 PIC will take all actions including reviewing weather, flight battery requirements,
la nding and takeoff distances and aircraft performance data before initiation of flight.

14 CFR §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 flig ht 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 th e fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.6

14 CFR §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.

The equivalent level of safety will be achieve d 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 weighting far more than the maximum 55 pounds proposed herein and the lack of flammable fuel, any risk ass ociated 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 small

- UAS operations and the oper ations 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 maintain cruising altitude by reference to
an altimeter that is set “...to the ele vation 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 achie ved 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 CFR §91.145(b) Management of aircraft operations in the vicinity of aerial demonstrations and major sporting events

CFR 91.145 states:

(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or major sporting event not listed in paragraph (a) of this section, the FAA considers the following factors:

(1) Area where the event will be held. (2) Effect flight restrictions will have on known aircraft operations. (3) Any existing ATC airspace traffic management restrictions. (4) Estimated duration of the event. (5) Degree of public interest. (6) Number of spectators. (7) Provisions for spectator safety

. (8) Number and types of participating aircraft. (9) Use of mixed high and low performance aircraft. (10) Impact on non

- participating aircraft.7

(11) Weather minimums. (12) Emergency procedures that will be in effect.

If AERIAL SYNDICATE intends to use the s UAS to cover sporting events from outside the activity, coordination will be completed by contacting the FSDO prior to the event to ascertain the presence of any other unmanned activities. Flight activity will be conducted based on safety and wit h particular attention to the avoidance of overflight of large concentrations of people. However, specific relief from this regulation is still necessary to ensure compliance with FARs.

14 CFR § 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 crui sing 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 battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the 30
minute reserve r equirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for fl ight 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 small UAS, in a tightly controlled area where only people and property ow ners 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 small UAS. Additio nally, limiting sUAS flights to 10 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 to 30 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 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulatio n provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircra ft 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.8

The sUAS fully loaded weighs no more than 55 pounds 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 CFR §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 dis crepancies 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

sectio ns 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 small UASs are very limited in size and will carry a sma ll 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 t o 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 equivale nt 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 “Appendix A

– Aircraft Manuals/Specifications”. 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.

Sincerely,

Elliot B. Leboe Founder & President, AERIAL SYNDICATE LLC

Appendix A

– Aircraft Manuals/Specifications: AERIAL SYNDICAT E sUAS Fleet Appendix B

– Flight Operations Manual (FOM) : AERIAL SYNDICATE sUAS Fleet Appendix C

– Maintenance & Inspection Manual: AERIAL SYNDICATE sUAS Fleet Appendix D

– Motion Picture & Television Operations Manua l (MPTOM)

– AERIAL SYNDICATE9

Appendix A

– Aircraft Manuals/Specifications: AERIAL SYNDICAT E sUAS Fleet

Links are included below to manuals/specifications for each aircraft included in the AERIAL SYNDICATE
sUAS fleet:

Aircraft: DJI Phantom 3 Profess ional

 Quick Start Guide (EN) v1.2

– http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf

 User Manual (EN) v1.4

– http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf

 Safety Guidelines and Disclaimer

– http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201509.pdf

Aircraft: DJI Inspire 1 Pro

 Quick Start Guide (EN) v1.4

– http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pdf

 User Manual (EN) v1.4

– http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

 Safety Guidelines

– http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf

 Maintenance Manual

– http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf

Aircraft: H exacrafter HC

- 800

 Product Manual

– http://www.h exacrafter.com/index.php?controller=attachment&id_attachment=9>PDF

 Specifications

– http://www.hexacrafter.com/index.php?controller=attachment&id_attachment=1 5>pdf

Aircraft: TBS Discovery Pro

 Manual

– http://www.team

- blacksheep.com/tbs

- discovery

- pro

- manual.pdf

Freefly Alta

 User Manual

– http://d27w8s76bjlz9v.cloudfront.net/wp

content/uploads/2015/07/28175748/ALTA_Manual_RevB.pdf

 Starter Guide

– http://d27w8s76bjlz9v.cloudfront.net/wp

- content/uploads/2015/07/24212006/FFASG.pdf10

Appendix B

– Flight Operations Manual (FOM) : AERIAL SYNDICATE sUAS Fleet

Please note that this version does not contain Appendix B referenced in the submission because it contains AERIAL SYNDICATE’s commercial proprietary information and trade secrets. AERIAL SYNDICATE
submits th is appendi x as a Confidential document under 14 CFR 11.35(b). AERIAL SYNDICATE has not and will not share that information with others unless under appropriate confidentiality agreements. The content in Appendix B is protected from release under the Freedom of Information Act Sec. 5 U.S.C.

552 et seq.11

Appendix C

– Maintenance & Inspection Manuals: AERIAL SYNDICATE sUAS Fleet

Please note that this version does not contain Appendix C referenced in the submission because it contains AERIAL SYNDICATE’s commercial proprietary information and trade secrets. AERIAL SYNDI CATE
submits th is appendi x as a Confidential document under 14 CFR 11.35(b). AERIAL SYNDICATE has not and will not share that information with others unless under appropriate confidentiality agreements. The content in Appendix C is protected from release under the Freedom of Information Act Sec. 5 U.S.C.

552 et seq.12

Appendix D

– Motion Picture & Television Operations Manual (MPTOM)

– AERIAL SYNDICATE

Please note that this version does not contain Appendix D referenced in the submission because it contains AERIAL SYNDICATE’s commercial proprietary information and trade secrets. AERIAL SYNDICATE
submits th is appendi x as a Confidential document under 14 CFR 11.35(b). AERIAL SYNDICATE has not
and will not share that information with others unless under appropriate confidentiality agreements. The content in Appendix D is protected from release under the Freedom of Information Act Sec. 5 U.S.C.

552 et seq.