### May 22

, 2015

Exemption No. 11663 Regulatory Docket No. FAA

– 20 15

– 0530

Mr. Edmond J. Mueller, III Director of Operations

V

- Tail Aviation Inc. 31103 Blue Ridge Park Lane Spring, TX 77386

Dear Mr. Mueller :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter posted March 4, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of V

- Tail Aviation Inc. ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft syst em (UAS) to

conduct aerial photography, videography, cinematography, inspection, and training

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthine ss Certification

The UAS proposed by the petitioner is a DJI Phantom 2

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in

### 2

consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificate s , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner 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 operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, V

- Tail Aviation Inc. is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, V

- Tail Aviation Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

### 3

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any

o ther aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

ai rcraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated w ithin the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic me ssaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the V O.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,

the conditions and limi tations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update

### 4

or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo

a fun ctional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspectio n and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection , and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal

G overnment. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flig ht hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the U AS in a manner consistent with how the UAS will be operated

### 5

under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and exp erience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducte d during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with tha t airport’s management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may no t be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA ). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

### 6

These do cuments must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA a nd/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of

th e risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted o ver private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incide nt, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to th e National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day

### 7

notification may be waived with the concurrence of the FSDO. The p lan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- sce ne operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners

and/or local officials to con duct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area , city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresV

- Tail Aviation Inc.

Attn: Edmond J Mueller III (Ted)

31103 Blue R idge Park Lane
Spring, Texas 77386

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE 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) and (b); 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 C FR 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, V

- Tail Aviation Inc. , oper ator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations ( “ FARs ” ) to allow commercial operation of its UAS, so
long as such operations are conducted within and under the conditions outlined her ein or as may be
established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would
operate in the following manner:

 Aerial photography and/or video for public and/ or private use including real estate, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public events,
cinematography and news gatherin g.

 Aerial inspection/photography of residential/commercial structures under contract with the owners
or local government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure including but not
limited to electrical p ower lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in
cases of an emergency or natural disaster only when the local authorities or government has
requested it by co ntract or donation.

 The ability to offer training to persons individually or belonging to both private and/or public
organizations that have interests in the use and application of a UAS for the purpose of the safe
operation of a UAS to enhance the safet y 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 a UAS under controlled conditions in the NAS that would be a) limited b) contr olled c) predetermined and d) will provide safety
enhancements to the already safe operations in the 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. ”The name and address of the applicant is:

V

- Tail Aviation Inc.

Attn: Edmond J Mu eller III (Ted) , Dire ctor of Operations /Chief Pilot

Phone: +1281

- 671

- 7006

Email: vtailaviation@yahoo.com

Address: 31103 Blue R idge Park Lane

, Spring, Texas 77386

Regulations from which the exemption is requested:
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 (c)

14 CFR 91.121 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) (2)
14 CFR 91.417 (a) & (b)

V

- Tail Aviation Inc. will operate the DJI Phantom 2 , Model P330Z , with a total w eight of 2935g or 6.47lbs. The

dimensions are 16.00 inch X 16.00inch X 8.5 inch. Under still air the maximum speed is no more than 15m/s or

33.55 mph wit h a cruising speed of 10m/s or 22.37 mph. The DJI Phantom 2 has the ability to hover a nd move
along a vertical and horizontal plane simultaneously. The DJI Phantom 2 has four motors, Motor Model DJI 3510,
powered by a 6

- cell 5200 mAh Lithium Polymer battery.
There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 2 will be controlled with the DJ6

remote controller with an operating frequency of 2.404 GHz

– 2.476 GHz. The live video feed will have an operating frequency of 5.728GHz

– 5.850GHz. The applicant will operate the UAS in line of sight within a

closed off and predetermined area owned and/operated by the property representative.
Given the small size of the UAS and the controlled 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 public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the
requested exemptio n is in the public interest. Accordingly the applicant requests that the FAA grant the
requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The operation limitations proposed for an equivalent or higher level of safety because op erations will further enhance the safety of the persons and/or property using conventional aircraft.
These limitations and conditions to which the applicant agrees to adhere to when conducting commercial
operations under the FAA issued exemption as set for th in the Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observ er (VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at

25% batt ery power reserve or 30 minutes of flight time whichever occurs first. Flights will be operated at an altitude of no more than 4 00 feet A bove Ground Level (AGL) and not more than 200

feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may
include but not limited to a Camera Operator.

 T he UAS pilot will be a designated Pilot in Command (PIC) and hold a Commercial Pilot ’ s License along with a Third or higher Class Medical Certificate. If the PIC feels another operator to be
qualified with the necessary skills to be PIC & possess a Commer cial Pilot ’ s License along with a

Third or higher Class Medical Certificate, that person may be designated PIC provided they have a
minimum of 20 hours of flight time with the UAS.

 A briefing will be performed regarding the planned UAS operations prior to each day ’ s flight consisting of all the days ’ production activities.

 All flights will occur under Visual Flight Rules Meteorological Conditions ( VFR ) only.

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport Refere nce Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of
a tower controlled or uncontrolled airport the respective airports will be contacted adv ising them of
the estimated flight time, flight duration, elevation of flight and other pertinent information.

 The operator will obtain verbal/written consent of all persons involved with the planned operation
and ensure that only consenting persons will be allo wed within 100 feet of the flight 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.

 The PIC and VO will have been trained in operation of UAS and receive up

- to

- date information for
the particular UAS to be operated.

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

 Written and/or verbal permission and permits will be obtained from territorial, state, county or city
jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will h ave the capability to return to a pre

- determined location within a designated location and land
autonomously.

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

14 C.F.R. Part 21, Subpart H: Airw orthiness 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 p articular 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 airc raft (fixed wing or rotorcraft) operating with an airworthiness certificate without the
restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger,
carries no explosive ma terials 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 requirements and in c ompliance with local public safety
requirements. These safety enhancements provide a greater degree of safety to the public and property owners
than conventional operations conducted with airworthiness ce rtificates 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 explos ive 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 displaye d on limited,
restricted or light

- sport 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," "light

- sport," "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 the c abin, cockpit or pilot station on which the word “ Experimental ” can be placed.
Given the size of the UAS, two

- inch lettering will be impossible. The word “ Experimental ” will be placed on the fuselage in compliance with § 45.29 (f).
The equivalent level of s afety will be provided by having the UAS marked on its fuselage as required by

§ 45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as

“ Experimental. ”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Priv ileges and Limitations: Pilot in Command.
Pursuant to 14 CFR 61.113 (a) & (b), 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 . V

- Tail Aviation Inc. may achieve an equivalent level of safety as achieved by current Regulations because the applicant ’ s UAS do not carry
any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels

inherent in the com mercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Commercial Pilot ’ s License along with a current Third Class or higher Medical exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and lim itations set forth in the FOM will equate to the safe operation of the

UAS.

1 4 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 airwo rthiness 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 prior to each flight an equiva lent 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 i s 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 UAS, given its size and configurat ion 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

kee ping the flight manual at the ground control point where the pilot flying the UAS will have immediate

access to it.

14 C.F.R. § 91.103: Preflight Action.
This regulation requires each pilot in command to take certain actions before flight to insure the safe ty 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 as stated in the FOM in Section 4 under Normal Procedures including but
not limited to reviewing weathe r, 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 balloo n) 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 controls. Flight control is accomplished
through the use of a contro l 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 leve l 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 airc raft. 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 UAS 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. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in
circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet
AGL, the UAS will not be operated more than 200 feet above the highest point on the struct ure. It will
however be operated in a restricted area with security perimeter, where buildings and people will not be
exposed to operations without their pre

- obtained consent.
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 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

indiv iduals will be aware of the planned flight operations. Compared to flight operations with aircraft or
rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far les s than those presently presented with conventional aircraft
operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation
between these 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 alt imeter setting available before departure. ” As the UAS 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 safety

check list an d live flight data monitoring, 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 leas t 30 minutes; or (2) At night, to fly after that for at least 45 minutes. ”
The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute
reserve requirement in 14 CFR § 91.151, UAS flights would be limited to approx imately 10 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 twilight VFR conditions is reasonable.
Applicant be lieves that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions.
Operating the 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 UAS flights to 10 minutes would greatly reduce the utility for which th eexemption 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 UAS to its pla nned landing zone from anywhere in its limited operating area.

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 civi l 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 t o carry certification and registration documents or to display them on the UAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

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 th is 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. Give n that these section 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. An equivalent level of safety will be achieved
because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a
limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no
higher than 400 feet AGL. 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. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Us er Manual. As provided in the FOM, the operator

will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Information
The applicant, Edmond J Mueller III (Ted) , has been involved in the building and pi loting of remote controlled

aircraft for more than 10 years. Also th e pr imary pilot, Edmond J Mueller III (Ted) , currently holds a Commercial

Pilots Certificate with Instrument rating

. Edmond J Mueller III (Ted ) has an in

- depth understanding of the
capabilities and safety concerns involved in using this technology as an asset to the community. Satisfaction of

criter ia provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant

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

Sincerely, Edmond J Mueller III (Ted)