Reed Smith 

Courtney R. Bateman 

Direct Phone: +1 202 414 9265 

Email: CBateman@reedsmith.com 

May 26, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

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: Talon Aerolytics' Request for Exemption from Certain Regulations per Section 333 ofthe FAA 

Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 

C.F.R. Part 11 , Talon Aerolytics LLC ("Talon Aerolytics") hereby applies for an exemption from the 

listed Federal Aviation Regulations ("F ARs") to allow business use (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. 

I. INTRODUCTION 

Talon Aerolytics seeks to operate sUASs for aerial data collection. In support of its application, Talon 

Aerolytics submits confidentially a Flight Operations Manual and flight manuals for the DJI Phantom 

3, DJI Phantom 2, DJI Inspire 1, DJI S1000+, and Aeryon SkyRanger. To the extent anything in this 

letter conflicts with the Flight Operations Manual or flight manuals, those documents control. 

Specific Regulations for which an exemption is sought: 

14CFR61.113 (a) 

14 CFR 91.7(a) 

14 CFR 91.119(b) & (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (1) & (2) 

14 CFR 417 (a) & (b) 

NEW YORK + LONDON • HONG KONG + CHICAGO • WASHINGTON, D.C. • BEIJING • PARIS • LOS ANGELES • SAN FRANCISCO • PHILADELPHIA • SHANGHAI • PITISBURGH + HOUSTON 

SINGAPORE + MUNICH +ABU DHABI +PRINCETON • NORTHERN VIRGINIA • WILMINGTON • SIUCON VALLEY • DUBAI • CENTURY CITY • RICHMOND • ATHENS +KAZAKHSTAN 

US_ACTIVE·122103002.1·CRBATEMA0512612015 1:53PM 
May 26,2015 

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Reed Smith 

II. TALON AEROL YTICS'S OPERATIONS DO NOT POSE SIGNIFICANT HAZARDS 

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 horizontal 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, if that 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 specifications, inspection and setup of the sUASs intended for use in the proposed operations. 

III. TALON AEROL YTICS' PROPOSED OPERATIONS ARE IN THE PUBLIC 

INTEREST 

The FAA recently issued a Grant ofExemption to FalconSkyCam for operations that are substantially 

similar to those proposed herein. Docket No. F AA-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 operation 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 civil aircraft that have the 

characteristics and operate with the limitations listed herein. These limitations, as listed below, provide 

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

structure. 
May 26,2015 

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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 Talon Aerolytics will weigh less than 55 lbs. 

Flights will be operated during daylight hours, in visual meteorological conditions, and within 

visual line of sight (VLOS) ofthe pilot of the sUAS. 

All operations will utilize a visual observer in addition to the operator. 

Maximum total flight time for each operational flight will be approximately 30 minutes, or when 

the sUAS reaches 25% battery power. 

As noted, 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. 

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 operating an aircraft for 

compensation or hire. Talon Aerolytics proposes that its pilots will have at least a sport or recreational 

pilot's certificate, and a medical certificate. Its operations will be limited to controlled areas as 

reflected in Talon Aerolytics' Flight Operations Manual. For the reasons set forth in the FAA's grant 

of an exemption to Astraeus Aerial, Talon Aerolytics does not believe a commercial pilot certificate is 

necessary for the operations it· intends to conduct. See, e.g., In the matter of the petition of Astraeus 

Aerial, Exemption No. 11062 (issued Sept. 25, 2014). For those reasons, Talon Aerolytics requests an 

exemption from 14 C.F.R. § 61.1 13(a) and (b). 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for airworthiness 

determinations on the pilot in command. The sUASs will not have an airworthiness certificate, and 

there is no FAA regulatory standard for determining airworthiness ofthe sUASs. Additionally, Talon 

Aerolytics' operating documents set forth inspection and maintenance procedures to ensure 

airworthiness. For these reasons, and in accordance with the FAA's grant of an exemption from 91.7 

to Total Safety U.S., Inc., Talon Aerolytics requests an exemption from 14 CFR. § 91.7(a). See, e.g., 

In the matter of the petition ofTotal Safety U.S., Inc., Exemption No. 111 56 (issued Jan. 29, 2015). 
May 26,2015 

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14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes 

Reed Smith 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(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 such that operations at lower 

altitudes should be allowed. 

As described in its Flight Operations Manual, Talon Aerolytics will establish a 500' buffer/sterile area 

for its operations that will exclude personnel not associated 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 Aerolytics 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 exemption is for sUASs that 

fly similarly 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 level 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 establishment of a sterile 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 buffer is essential to the current 

operation. Talon Aerolytics therefore requests an exemption from Section 91.119( c) for all authorized 

personnel associated with the operation. 

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 sUASs 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" is 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 

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14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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 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." 

Maximum total flight time for each operational flight will be approximately 30 minutes. Flights will be 

safely landed when the battery falls below its nominal voltage, should that occur prior to completion 

of the operation. The sUASs Talon Aerolytics proposes to use all have a Low Voltage Warning which 

alerts when the battery reaches pre-determined levels. This battery level would be more than adequate 

to return the sUAS to its planned landing zone from anywhere in its limited operating area when the 

Low Voltage Warning alerts. 

For these reasons, Talon Aerolytics requests an exemption from 14 C.F.R. § 91. 15 l(a). Similar 

exemptions 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 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. 

As provided in Talon Aerolytics' Operations Manual, the operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance and inspections, and keep a log 

of any maintenance performed. 

VI. REGULATIONS FOR WinCH EXEMPTIONS ARE UNNECESSARY 

The Federal Aviation Administration just issued a number of exemptions for UAS operations in filming 

of movies. In those exemptions, the agency noted that exemptions from certain regulations were not 

necessary, due to " the size, weight, speed and limited operating area associated with [the UASs] and its 

operation." 

Based upon the FAA's guidance, and the fact that Talon Aerolytics sUASs are similar in size or smaller 

than those proposed by the film-making industry, Talon Aerolytics believes exemptions 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 of the Aircraft 
May 26, 2015 

Page 6 

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

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

Reed Smith 

Talon Aerolytics also believes that an exemption from 14 C.F.R. § 91.103: Preflight Action, is not 

necessary. This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. 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 previously found that adherence to procedures contained in an applicant's operating 

documents demonstrate compliance 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, landing 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. Part 11 , the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Talon Aerolytics LLC seeks an exemption from the following 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 91.417 (a) & (b) to conduct aerial data collection. 

Approval of exemptions allowing commercial operations of sUASs for these operations will 

enhance safety by reducing risk. Conventional means for performing data collection on 

elevated 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 lbs. and powered by batteries, e liminates 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 climbing and inspection 

operations. 

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 
May 26,2015 

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Reed Smith 

exemptions requested herein, including exempting Talon Aerolytics 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 

All flights will occur over private 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 within visual line of sight 

and national security - provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of Talon Aerolytics' sUASs to conduct aerial data collection. 

Sincerely, 

0 

Courtney R. Bateman 

Reed Smith LLP 

Counsel for Talon Aerolytics 

/Signed/ 

John McGraw 

John McGraw Aerospace Consulting 

Consultant to Talon Aerolytics 

CRB:lsj