November 18, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a);

91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a);

91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Cloud Capture LLC (“the applicant”), a technology consulting and

services company and operator of Small Unmanned Aircraft Systems (“sUASs”), hereby applies

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial

operation of its sUASs, 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.

The requested exemption would permit Cloud Capture LLC to pursue its commercial interests in

providing services to clients using a small advanced sUAS in the following areas:

● Real­Estate / Construction site monitoring, inspection, surveying and promotional media

● Aerial data gathering primarily photography and videography for content creation

As detailed more fully below, the requested exemption would permit the operation of small,

unmanned, and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited, 2) predetermined, 3) controlled as to access, and 4) would provide safety

enhancements to the already safe operations in the infrastructure and business operations

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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Cloud Capture LLC

Attn: Brian J. Adams

Phone: (630) 485­9435

Email: BrianAdams@CloudCaptureLLC.com

Address: 640 North Church Street, Suite 209, Charlotte, North Carolina 28202
Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ 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 types of UASs

do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

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

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the 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) (emphasis

added).1

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, which includes sUASs, from the requirement that all civil aircraft must have a

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed

under subsection (a) or (b) of this section or any sections 44702­44716 of this title if the
Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Cloud Capture LLC’s UASs (Appendix 1) are rotorcraft, weighting 55 or fewer lbs.

including payload. They operate, under normal conditions at a speed of no more than 50 knots

and have the capability to hover, and move in the vertical and horizontal plane simultaneously.

They will operate only in line of sight and will operate only within a sterile area. Such operations

will insure that the sUAS will “not create a hazard to users of the national airspace system or the

public.”

We are petitioning for exemption to enable Cloud Capture LLC to operate a DJI

Phantom 2 Vision Plus multi­rotor equipped with a three­axis gimbaled camera. The sUAS

weighs less than 25 lbs., and has built­ in capability to limit the height it flies above the ground,

to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and

D airspace including a no fly zone feature. Each system also has the failsafe function of the

autopilot system, which means when the communication between the Main Controller and the

transmitter is lost, the system will automatically trigger Return to Home and will land safely.

Given the small size of the sUAS involved and the restricted and sterile environment

within which they will operate, our application falls squarely within the zone of safety (an

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of sUAS to commence immediately. Also due to the small size of the

sUAS and the low altitudes and restricted areas in which the sUAS 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

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the

proposed operations, and the significant public benefit, including enhanced safety, the grant of

the requested exemptions is in the public interest. Accordingly, Cloud Capture LLC respectfully

requests that the FAA grant the requested exemption without delay.

Applicant interprets this provision to place the duty on the Administrator to not only

process applications for exemptions under section 333, but for the Administrator to craft

conditions for the safe operation of the UAS, if it should be determined that the conditions set

forth herein do not fulfill the statutory requirements for approval. 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

sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.
Background Information

Cloud Capture LLC is requesting FAA Exemption for (UAS) operation to conduct aerial

data collection of imagery and measurement. Cloud Capture LLC’s objective is to utilize

compliant (UAS) technology to deliver aerial data collection services to business operations

requiring aerial imagery (still photograph / video)

In support of this, Cloud Capture LLC is requesting FAA Exemption for (UAS) operations

for compliance and safety to support the aforementioned objective.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate within the limitations listed herein. These limitations

provide for at least an equivalent or even higher level of safety to operations under the current

regulatory structure because the proposed operations represent a safety enhancement to the

already safe infrastructure, construction, and business operations conducted with conventional

aircraft.

These limitations and conditions to which Cloud Capture LLC agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will be less than 55 pounds

2. Flights will be operated within visual line of sight of a pilot

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS

calculates battery reserve in real time, and will return to its ground station with at least

20% battery power reserve should that occur prior to the 30 minute limit

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400

feet AGL.

5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his

visual line of sight at all times.

6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in

the Flight Manual.

7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual.

The Manual also requires the establishment of a “Security Perimeter” for the flight

operations area.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

production activities. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safety perimeter be present for this briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator

will obtain additional verbal or written consent of all persons who will be allowed within

100 feet of the flight operation.
10. Pilot will have been trained in operation of UASs generally and received up­to­date

information on the particular UAS to be operated as required by Section F of the Manual.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county or city

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

agencies.

13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter

“loiter mode” and hover, reestablish satellite connection, and return to a predetermined

location within the Security Perimeter and land.

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 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 UAS. In all cases, an

analysis of these criteria demonstrates that the UAS 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 area as set out in the Manual. Unlike other civil aircraft, operations

under this exemption will be tightly controlled and monitored by both the operator and

observer, pursuant to the Manual’s policies, and under and in compliance with local public

safety requirements, to provide security for the area of operation as is now done with

conventional infrastructure and construction inspections and business operations. The FAA will

have advance notice of all operations. These safety enhancements, which already apply to civil

aircraft operated in connection with infrastructure and construction inspections and business

operations, 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 UAS, 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 light­sport 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," "light­sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to a cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAV, two­inch 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 sUAV marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV

will see the identification of the UAS as “Experimental.” The FAA has issued the following

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Sections 61.113 (a) & (b) limit private pilots to non­commercial operations. Because the

UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent

level of safety of current operations by requiring the PIC operating the aircraft to have specially

trained staff operate this small UAS. Unlike a conventional aircraft that carries the pilot and

passengers, the sUAS is remotely controlled with no living thing on board. The area of operation

is controlled and restricted, and all flights are planned and coordinated in advance as set forth in

the Manual. The level of safety provided by the requirements included in the Manual exceeds

that provided by a single individual holding a commercial pilot’s certificate operating a

conventional aircraft. The risks associated with the operation of the sUAS are so diminished

from the level of risk associated with commercial operations contemplated by Part 61 when

drafted, that allowing operations of the sUAS as requested by specially trained staff as

the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

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 and the requirements contained in the Manual for maintenance and
use of safety checklists prior to each flight, as set forth in Sections 9.1 and 9.6, 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.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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. An equivalent level of safety will be provided as set forth

in Sections 8 and 9 of the Manual. The PIC 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.

sUASs 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. See Exemption Nos. 5778K & 9862A. 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 operation is planned, an exemption may be needed to allow

such operations. As set forth herein, except for the limited conditions stated in the Manual, the

UAS will never operate at higher than 400 AGL. It will, however, be operated in a restricted area

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

without their pre­obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the

UAS 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 mission, all affected individuals will be aware of the planned flight operations

as set forth in Section 6.2, 8.1, and 8.2 of the Manual. 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 the infrastructure and

construction inspections and business operations industry. In addition, the low­altitude

operations of the sUAS will ensure separation between these small UAS 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 Manual and safety checklist, 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 battery powering the sUAS provides approximately 30 minutes of powered flight. To

meet the 30­minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to

approximately 20 minutes in length. Given the limitations on the UAS’s proposed flight area and

the location of its proposed operations within a predetermined area, a longer time frame for

flight in daylight or night VFR conditions is reasonable.

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

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to

operate without compliance with FAR 91.151 (a)). Operating the small UAS, 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

small UAS. Additionally, limiting sUAS flights to 20 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

20 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.

Similar exemptions have been granted to other operations, including Exemptions

2689F, 5745, 10673, and 10808.

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 UAS 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. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

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 sections 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 as referenced in the Manual

(See Sections 8.6 and 9). An equivalent level of safety will be achieved because these small

UASs 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 UAS can land immediately and will be

operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure

that the UAS 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.

*****

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b);

91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to

operate commercially a small unmanned vehicle (55lbs or less) in motion picture

and television operations.

Approval of exemptions allowing commercial operations of sUAS in the aerial photography,

infrastructure and construction inspections and business operations will enhance safety while

reducing risk. Conventional infrastructure and construction inspections and business operations,
using jet or piston powered aircraft, operate at extremely low altitudes just feet from the

infrastructure being inspected and in extreme proximity to people and structures; and present

the risks associated with vehicles that weigh in roughly 4,000lbs+, carrying large amounts of jet

A or other fuel. Such aircraft must fly to and from the work location. In contrast, a sUAS

weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given

the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the

worksite and not flown. The sUAS will carry no passengers or crew and, therefore, will not

expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant of the

exemptions requested herein, including exempting the applicant from the requirements of Part

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close

to the ground, and in a sterile environment and, as a result, are far safer than conventional

operations conducted with turbine helicopters operating in close proximity to the ground and

people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge. Infrastructure and construction inspections and business operations

will be performed for people who have also consented for work to be performed or otherwise

have agreed to be in the area where UAS flight will take place.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security – provide more than adequate justification for the grant

of the requested exemptions allowing commercial operation of applicant’s UAS in the

infrastructure and construction inspections and business operations industry pursuant to the

Manual appended hereto.

Sincerely,

Brian J Adams

Managing Partner

Cloud Capture LLC

cc. Casey P. Werner ­ Partner

Brian A. Haynes ­ Partner
Appendix 1

1.1 ­ DJI Phantom 2 Vision+

See Attached Flight Manuals:

DJI Phantom 2 Vision+ User Manual 1.8