# Reed Smith

Courtney R

. Bateman Direct Phone : +1 202 414 9265 Email : CBateman@reedsmi th .com May 26 , 2015

U.S

. Departm ent ofTran sportation Dock e t Manage ment System 1200 New Jer sey Avenue , SE Was hing ton , D C 2 0590 Reed Smith LLP 1301 K Street , N

.W. Suite 1100
- East Tower Washington, D .C

. 20005-3373 Tel +1 202 414 9200 Fax +1 202 414 9299 reedsmith

. com

Re: T alon Aerol yti cs' Request for Exemption from Certain Regul at ions per Section 333 ofthe FAA Reform Act and Part 1 1 ofthe Federal Aviation Reg ulation s Dear Sir or Madam: Pursu ant to Section 333 of the FAA Modernization and Refo rm Act of20 1 2 (the Reform Act) and 14 C.F.R. Part 11 , Talo n Aero lytics LLC ("Talo n Aerolytics " ) hereby applies fo r an exemption from the listed Federal Aviation Regulations (" FARs") to allow business use (commercial operation) of its sUASs , so long as such operations are conducted withi n and under the condition s outlined herein or as m ay be establis hed by the FAA as required by Section 333. 

### I. INTRODUCTION T a l on Aerolytics seeks to operate sUASs for aerial data co ll ection. In s upport of its app lication , T a lo n Aerolytics sub mit s confidentially a Flight Operations Manual and fli gh t manuals for the DJI Phantom 3, DJI Phantom 2, DJI In spire 1 , DJI S1000 +, and Aeryon SkyRanger. To the extent anything in this letter conflicts w ith the F li g ht Operations Manual or flight manu a ls , those document s control. Speci fi c Regulations f or whi ch an exemption i s soug ht: 14CFR61.113 (a) 14 CFR 9 1. 7(a) 14 CFR 9 1.11 9(b) & (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 9 1.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)

NEW YORK + LONDON • H ONG KONG + CHICAGO • WASHINGTON, D.C

. • BEIJING • PARIS • LOS AN GELES • SAN FRANCIS CO • PHILADELPHIA • SHANGHAI • P I TISBURGH + HO U STO N SI NGAPOR E + M UNICH +A BU DHAB I +PRINCETON • NORTHERN VIRGINIA • WILMING TO N • SIUCON VALLEY • DUBAI • CENTU RY CITY • RICHMOND • ATHENS +KAZAKHSTAN US_ACTIVE · 1 22 103002

. 1 · CRBATEMA0512612015 1 : 53PMMay 26,2015 Page2 

# Reed Smith

II. TALON AEROLYTICS ' S OPERATIO NS DO NOT POS E SIGNIFICANT HAZARD S The sUAS's utilized by Talon Aerolytics are electric multi-rotor craft, weighing less than 55 lbs. including payload. They operate at a speed of no more than 80 mph (29 knots) and have the capability to hover, and/or move in a vertical and hori zontal plane simultaneously. They will only be operated as visual line of sight (VLOS), remain under 400 ft. above ground level, or no more than 50 ft. , above the structure being inspected, ifthat structure exceeds 400ft. The sUASs will operate only with permission of involved property owners and/or local government officials. During the proposed data collection operations, the site will be secured , and non-participants will be kept at least 500 feet away from the operation , unless barriers or structures are present that sufficiently protect non-participants from debris in the event of an accident. Talon Aerolytics has drafted , and submits confidentially , a Flight Operations Manual whjch discusses safety considerations, training and general operating procedures for the proposed operations. Talon Aerolytics has also drafted, and submits confidentially , sUAS Aircraft Flight Manuals which set forth the specificat ion s, inspection and setup ofthe sUASs intended for use in th e proposed operations. 

### III. TALON AEROLYTICS' PROPO SED OPERATIONS ARE IN THE PUBLIC INTEREST The FAA recently issued a Grant ofExemption to FalconSkyCam for operat ions that are substantially similar to those proposed herein. Docket No. FAA-20 14-0884 (used March 6, 20 15). In issuing the Grant, the FAA noted that " [t]he enhanced safety and reduced environmental impact achieved using a UAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operatio n enabled by this exemption is in the public interest." Accordingly, Talon Aerolytics respectfully requests that the FAA grant the requested exemption without delay.


### IV. EQUIVALENT LEVEL OF SAFETY
Talon Aerolytics proposes that the exemption requested herein apply to civi l aircraft that have the characteristics and operate with the limitations listed herein. These limitations , as listed below, provide for at least an equiva le nt or even higher level of safety to operations under the current regulatory structure.May 26,2015 Page 3 

# Reed Smith

These limitations and conditions to which Talon Aerolytics agrees to be bound when conducting commercial operations under an FAA issued exemption include: The sUASs utilized by Talo n Aerolytics will weigh less than 55 lb s. F lights will be op erated during daylight hours, in vis ual meteorological co nditions , and within visual line of sight (V LOS) ofthe pilo t of the sUAS

. All operations will utilize a visual observer in add ition to the operator. Maximum to tal fli ght time for each operational flight will be approximately 30 minutes, or when the sUAS reache s 25% battery power. As noted , non-participants will be kept at least 500 feet away from the operation, unless barriers or structures are pr esent that s uffi ciently protect non-participants from debri s in the event of an accident. 

### V. EXEMPTIONS REQUESTED
14 C.F.R. 

### § 61.113(a) and (b): Private 

### vs. Commercial Pilot Certificates Sections 61.113 (a) and (b) prohibit non-commercially rated pilots from operati ng an aircraft for compen sat ion or hire. Ta lon Aero lytics propose s that its pilots will have at leas t a sport or recreational pilot's certificate, and a medica l certificat e. I ts operations will be limited to controlled areas as reflected in Talon Aerolytic s' Fli g ht Operation s Manual. For the reasons set forth in the FAA 's grant of an exemption to Astraeus Aerial, Talon Aerolytics do es not believe a commerc ia l pilot certificate is necessary for the operations it· inte nds to conduct. See, e.g. , In the matter of the petition of Astraeus Aer i al , E xemption No. 1 1062 (issued Sept. 25, 2014). For those reasons, Talon Aero lytics reque sts an exemption from 14 C

.F.R. 

### § 61.1 1 3(a) and (b). 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthiness Section 91.7 prohibits operation of an unairworthy airc raft, and places responsibility for airworthine ss determinations on the pilot in command. The sUASs w ill not have an ai rworthiness certificate, and there i s no FAA regul atory standar d for determinin g ai rworthiness ofthe sUASs

. Additionally, Talon Aero lytics ' operating documents set forth i nspection and maintenance procedures to ensure a irworthiness. For these reasons, and in accordance with the FAA 's grant of an exempt ion from 91.7 to Total Safety U.S., Inc. , Talon Aerolytics requests an exempt ion from 14 CFR. 

### § 91.7(a). See , e.g., In the matter of the petition ofTotal Sa f ety U.S., Inc. , Exemption No. 111 56 (issued Jan

. 29 , 2015).May 26,2015 Page4



### 14 C.F.R. §91.119(b) a nd (c): Minimum Safe Altitudes 

# Reed Smith

Section 9 1 .119 establishes safe altitudes for operation of civil aircraft. Section 9 1 .119(b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet of the aircraft

. To the extent that the structures that Talon Aerolytics wouJd be inspecting are considered to be in "congested areas,'' 1 Talon Aerolytics' operational procedures, and the size, weight and speed of the sUAS, provide an equivalent level of safety s uch that operations at lowe r a ltitudes should be allowed. As described in its Flight Operations Manual , Talon Aerolytics will establish a 500' buffer /s terile area for its operations that will exclude personnel not associat ed with the operations. Talon Aerolytics will also exercise additional control over the sterile area as needed, as set forth in the Manual. Consequently , Talon Aerolytics believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations in congested areas. Talon Aero lytics therefore requests an exemption from 14 CFR 

### § 91.119(b). Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, or closer than 500 feet to any person, vessel , vehicle or structure. As this exempti on is for sUASs that fly simi larl y to a helicopter and the exemption requests authority to operate at altitudes up to 400ft AGL (or no more than 50ft above the structure being inspected, if taller than 400ft.) , an exemption may be needed to allow such operations. The equivalent lev el of safety will be achieved given the size, weight , speed of the UAS as well as the location where it is operated. As discussed above, Talon Aerolytics' Flight Operations Manual provides for estab li shment of a steri le area, included safety buffers of 500 feet for personnel not assoc iated with the operation. A 100 foot safety buffer will be in place for authorized personnel associated with the operation, unless the PIC determines a reduced buff er is essential to the current operation. Talon Aerolytics therefore requests an exemption from Section 91.119(c) for all authorized p ersonnel associated with the opera tion. 

### 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising a ltitude by referen ce to an altimeter that is set "

... to the elevation ofthe departure airport or an appropriate a ltimet er setting available before departure. " As the s UASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

1 The FAA Office of the Chief Counsel has indicated that whether an area is "congested" i s determined on a case-by-case basis. See, e.g., June 18, 20 12, Memorandum from Rebecca B

. MacPherson, Assistant Chief Counsel for Regulations , to James E. Gardner, Manager, Flight Standards Division , re " To what extent an operator can make a congested area uncongested."May 26,2015 Page 5

14 C .F.R . § 91.151(a): Fuel Requ irements for Flight in VFR Cond itions 

# Reed Smith

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 eno ugh fue l 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." M ax imum total flight time for each operational flight w ill be approximately 30 minutes. Fli ghts will be safely landed when the battery falls below its nominal voltage, should that occur prior to comp letion of the operation. T he sUASs Talon Aero lytics proposes to use all have a Low Voltage Warning which alerts whe n the battery r eaches pre -determined level s. This battery level wou ld be more than adequate to return the sUAS to its p lanned landing zone from anywhere in its limited operating area when the Low Voltage Warning alerts. For th ese reasons , Talon Aero l ytics requ ests an exemption from 14 C.F. R

. 

### § 91. 1 5 l (a). S imil ar exem ptions have been granted to other operations , including Exemptions 2689F, 5745 , 10673 , and 10808. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections These regulations requi re that an a ircraft operator or owner " shall have that aircraft inspected as prescribed in subpart E of t hi s part and shall between required inspection s , except as provided in paragraph (c) of thi s section, have di screpancies repaired as prescribed in part 43 of this chapter

... , " and others shall inspect or maintain the airc raft in compliance with Part 43. As provided in Talon Aerolytics' Operati ons Manual , the operator will ens u re that the UAS is in working order prior to initiating flight, perform req uired maintenance and inspections, and keep a lo g of any maintenance performed. VI. REGULATIONS FOR WinCH EXEMPTIONS ARE UNNECESSARY The Federal Aviation Administration just issued a number ofexemptions for UAS operations in filming of movies. In those exemptions, the age ncy noted that exemptions from certain regu l ations were not necessary, due to " the s i ze , weight, speed and limited operating area associated with [the UASs] and its operat ion." Based upon the FAA's guidance, and the fact that Talon Aerolytics sUASs are similar in size or sma ll er than those proposed by the film-making industry , Talon Aerolytics believes exemption s from the following regulations are not necessary: 14 C.F.R. Part 21, Subpart H : Airworthiness Certificates 14 C.F.R. 

### § 45. 23 (b). Marking ofthe AircraftMay 26 , 2015 Page 6

14 C.F.R. §91.7(b): Civil aircraft airworthiness

. 14 C. F .R. §91.1 09: Flight instruction. 

# ReedSmith

Talon Aerolytics also believes that an exemption from 14 C. F .R. 

### § 91.103: Pr efl ight Action , is not necessary. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safety will be provided as set forth in the operating documents submitted as part ofthis request. The FAA has previous ly found that adherence to procedures contained in an applicant's operating documents demonstrate compl iance with§ 91.103 , and therefore an exemption from the regulation was not necessary . See , e.g. , In the matter of the petition ofTotaJ Safety U.S. , Inc. , Exemption No. 11156 (issued Jan

. 29 , 2015). As detailed in its operating documents, Talon Aerolytics' PIC will take all actions including reviewing weather , flight battery requirements , l anding and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of the flight. Consequently, in light of the agency's prior finding in Total Safety U.S. , Inc., Talon Aerolytics does not believe an exemption from 14 C. F .R. § 91.103 is necessary. Pursuant to 14 C.F.R. P art 11 , the following summary is provided for publication in the Federal Register , should it be d etermined that publication i s needed: Talon Aerolytics LLC seeks an exemption from the fo llo wing rules: 14 C.F.R. 

### § 61.] 13(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121 ; 91.151(a); 91.405 (a); 91.407 (a) ( 1) ; 91.409 (a) (1) 

### & (2) and 9 1. 417 (a) 

### & (b) to conduct aerial data collection. Approval of exempti ons allowing commercial operations of sUASs for these operations will enhance safety by reducing risk. Conventional means for performing data collection on e levated structures and other property require ladders , ropes , aerial lifts, or using conventional helicopters operating at extremely low altitudes over the subject structure being photographed. These conventional means all pose risks to persons and property. In contrast, an sUAS weighing less than 55 lb s. and powered by batteries, e lim inates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the project site 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, ground-based aerial lift (bucket truck) operations , or manual climb i ng and inspection operations. The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outli ned above , will provide an equiva lent level of safety supporting the grant of theMay 26,2015 Page 7 

# Reed Sm ith

exemptions requested herein, including exempting Talon Aerolytic s from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to the ground, and, as a result , are far safer than conventional alternatives. Privacy A ll flights will occur over pr ivate or controlled access property with the property owner's prior consent and knowledge. Satisfaction ofthe criteria provided in Section 333 of the Reform Act of2012--size , weight, speed, operating capabilities, proximity to airports and populated areas and operation wit h in visual line of sight and national security

- provide more than adequatejustification for the grant of the requested exemptions allowing commercial operation ofTalon Aero lytics' sUASs to conduct aerial data collection. Sincerely, 

# 0
Courtney R. Bateman Reed Smith LLP Counsel for T alon Aerolytics

/Si gned/ J ohn McGraw John McGraw Aerospace Consulting Consultant to Talon Aero lytics CRB:lsj