AeroPacific Consulting LLC 195 N. Argyle Ct Reno, NV 89511

Phone: ( 310 ) 503

- 4350 FAX: (815)550

- 8766 http://www.aeropacific.net Email: Doug.Moss @aeropacific.net US Department Of Transportation

Federal Aviation Administration 800 Independence Ave SW Washington DC 20591

Dear Sir or Madam: August 31, 2015

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the R eform A ct)

and 14 CFR Part 11, AeroPacific Consulting LLC

, requests to be exempted from the Federal Aviation Regulations (FAR) listed below . If exempted, AeroPacific Consulting LLC will then

be able to operate small Unmanned Aerial Sy s tems ( s UA S ) commercially in airspace regulated by the FAA , as 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.



## Statutory Authority For Exemptions

The Federal Aviation Act ex p ressly grants the FAA authority to issue exemption s

. This statutory authority includes exempting civil aircraft, as the term is defined under §4010 1 of the Act, including sUAS

, from certain requirements o therwise prescribed by the Code of Federal Regulations (CFR).

Section 333(b) of the Reform Act assists t h e Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public,

or a threat to national security. In making this de termination, the Secretary must consider:

• The sUAS size, weight, speed, and operational capability

,

• Whether t h e s UAS operates within the visual li n e of sight of t h e operator

,

• Whether the s UAS operates outside of highly populated areas and away fro m close proximity to airports

Reform Act Sect 333 states that if the S ecretary determines that a sUAS operate s safely in t h e national airspace syst e m, then t h e Secretary shall establish requirement s for t h e safe operation of such aircraft in the national airspac e system.

As of March 23, 2015 the FAA has stated that it w ill automatically grant a “ blanket ” COA for flights at or under 200 AGL to any UASs operator with a section 333 exemption.



## The Ap plicant

AeroPacific Consulting LLC is a n aviation research and consulting company. It is wholly owned and operated by Douglas M. Moss , a Nevada resident, with a Nevada state drivers license. Mr.AeroPacific Consulting LLC 195 N. Argyle Ct Reno, NV 89511

Phone: ( 310 ) 503

- 4350 FAX: (815)550

- 8766 http://www.aeropacific.net Email: Doug.Moss @aeropacific.net Moss also has a n Airline Transport Pilot license, a Class I Medical Certificate, as well as a Flight

Instructor Certificate (CFI, CFII, and MEI)

. Additionally, Mr. Moss is currently employed as an

ai rline pilot for a major US international airline. Mr. Moss will be the only pilot the flying the

sUAS under this Section 333 exemption

. All operations will be performed with the public ’ s safety and right to privacy as primary concerns and these will be protected at all times

.

AeroPacific Consulting LLC will use its sUAS vehicles for aerial data collection

. 1 The anticipated projects would inclu de photographic depict ion s of aviation accident sites, maintenance assessments of large structures, environmental surveys, and, periodically, real estate appraisals and marketing. The geographical areas to be used will be primarily rural locations in the Sierra Nevada mountain chain and some portions of California 's central valley.

As described below, the requested exception would permit the operation of light weight (less

than 55 lbs. total takeoff weight) s UAS under controlled conditions for commercial use by a

certified pilot thereby enhancing safety an d fulfilling the Secretary of Transportation ’ s ( the FAA

Administrator ’ s) responsibility to ” establish requirements for safe operation of such aircraft systems in national airspace systems. ” Section 333(c), of the Reform Act.



## The Small Unmanned Aircraft System (sUAS)

The sUAS to be oper a ted by AeroPacific Consulting LLC will be rotorcraft weighing less than 55 pounds

. They will be comprised of D JI Phantoms, models " Vision 2+ " and " 3 Professional "

. They will operate at a speed less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. The y will have an auto matic return to the launch point feature that will be activated when ever the battery power reaches a preset level . The s UAS will operate within the line of sight of the operator and below 200 feet above ground level (AGL). These operations will be designed so as to not create a hazard to the public, the environment, nor any other aircraft. Thus, t hese sUAS operations will not present a ha zard to the national airspace nor the public.

The very small nature of these s UAS combined with the safe guards presented below, will allow

for the ir safe operation in a manner greater than that envisioned by Congress

. Also due to the

small size of s UAS and the areas and altitudes they will operate

, approval of this exception presents no national security issues and absolutely minimal safety concerns which have been mitigated t hrough our rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial data

collection thereby benefiting the greater public ’ s interest. Accordingly, the applicant requests that the FAA grant the requested exemption

.

The DJI Phantom sUAS aircraft have the following characteristics:

Phantom Vision 2+ Phantom 3 Professional

1 Aerial data collection includes any remote sensing and measuring by an instrument (s) aboard the sUAS. Examples include imagery (photography, video, infrared , etc), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement ( particulate measurement, etc), or any o ther gathering of data by instruments aboard the

sUAS.AeroPacific Consulting LLC 195 N. Argyle Ct Reno, NV 89511

Phone: ( 310 ) 503

- 4350 FAX: (815)550

- 8766 http://www.aeropacific.net Email: Doug.Moss @aeropacific.net Weight 2.74 lbs 2.82 lbs

Maximum speed 33 mph 3 6 mph Radio Frequency Spectrum 5.8 & 2.4 GH z 2.4 GHz



## Safeguards and Procedures

AeroPacific Consulting LLC will adhere to the following safeguards and procedures in order to

mini mi z e risk when operating under this Section 333 e x emption. :

• The sUAS operated by AeroPacific Consulting LLC will be registered with the FAA and the appropriate registration (N

- number) will be displayed on the aircraft.

• The pilot in comman d (PIC) will be Douglas M. Moss, a certificated pilot holding a n Airline Transport Pilot license and at least a Class II medical certificate.

• Flights will only occur in the daylight hours

,

• Flights will only operate in VFR conditions (500 feet below and 2,000 feet to the side of

a ny clouds and with flight visibility greater than or equal to 3 statute miles).

• Flights will be termi nated any time weather or wind deteriorate to a level deemed to be unsafe for flight

,

• The UASs will weigh less that 55 lbs.,

• Fligh ts will be operated at a ma ximum height of 2 00 feet AGL,

• Crew will be at a minimum of the Pilot in Command (PIC) who will be solely responsible for the safety of the operation

,

• The P IC will maintain visual line

- of

- sight (LOS) contact with the sUAS at all times

,

• The PIC will perform a check of the flight area to ensure the safety of all persons in the

area,

• The PIC will use an iPhone/ iPad aviation application to check for the existence of any Tempor ary Flight Restriction (TFR) before flight,

• Unless written approval from the Airport Operator is obtained, a ll sUAS f lights will be

flown outside a 5 nm radius of any airports.

• All s UAS will return automatically to t he operator in a safe manner whenever datalink is

lost with the sUAS or when the sUAS fuel reserve reaches a pre

- set level.

• The PIC will use the pre

- flight checklist published in the applicable sUAS manufactu rer's User Manual before flight (attached).



## Specific Exemptions from FARs Requested

AeroPacific Consulting LLC respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal reg ulations allowing it to operate lightweight

s UAS for commercial use :AeroPacific Consulting LLC 195 N. Argyle Ct Reno, NV 89511

Phone: ( 310 ) 503

- 4350 FAX: (815)550

- 8766 http://www.aeropacific.net Email: Doug.Moss @aeropacific.net 

### 14 CFR part 21 Subpart H: Airworthiness Certificate

14 CFR 21 Subpart H, entitled Airworthiness Certificates, sets forth requirements fo r procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for AeroPacific Consulting LLC UASs flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to S ection 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt s UAS from airwor thiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. AeroPacific Consulting LLC meets or exceeds each of these elements

.


### 14 CFR 91.7 (a): **Civil Aircra ft Airworthiness** 

14 CFR 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate . As no

such certificate will be applicable in the form contemplated by the FAR s this regulation is inapplicable. Subparagraph (b) which requires that the pilot determine the aircraft is safe to fly will, however, be fully complied with. This will provide an equivalent level of safety.



### 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

14 CFR 91.9(b)(2) requires an aircraft flight manual be in the aircraft. As there are no pilots or

passengers, and given the size of the s UAS

, this regulation is inapplicable. An equivalent level of safety will be achieved by requiring the pilot in command to have the manufacturer's User

Manual with in immediate reach at any time when operating the ai r craft. This will provide an equivalent level of safety.



### 14 **CFR 91.105: Flight Crewmembers at Stations** 

14 CFR 91.105 requires that flight crewmembers wear seat belts and, for take

- off and landing

,

wear shoulder harnesses. AeroPacific Consulting LLC should be exempt from this requirement

because the aircraft at issue is a sUAS , w here the pilot (and all other conceivable crewmembers)

will not be riding in the sUAS, but would be located at a safe location on the ground, away from any potential kinetic energy impact. This will provide an equivalent level of safety.



### 14 CFR 91.119: Minimum Safe Altitudes

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It

allows helicopters to be o perated at lower altitudes in certain conditions. AeroPacific Consulting

LLC will only operate its s UAS at or below 200 feet AGL (Above Ground Level) . They will be operated over a pre

- defined area that has been reviewed for hazards and minimum presence of

persons no t essential to the operations. Flights will only be over either public land or private

property where the owner has consented to such overflight

. To the maximum extent practicable, flight will be avoided over people and property. Compared to flight operations of conventional

aircraft and r otorcraft weighing far more than 50 lbs and carrying flammable fuel , s UAS operations present a far smaller risk to the public.

Traditional aerial data collection and photography requires large aircraft with flammable fuel to fly in close proximity of populated areas and people in general. With the use of small s UAS of 55 lbs. or less, battery operated

, and fl y ing below 200 feet AGL

, the risk of injury to people on the ground has been reduced or almost erased. Thus, allowing the sUAS to fly below the normal minimum of 500 ft AGL, an equivalent level of safety will be achieved because flight overAeroPacific Consulting LLC 195 N. Argyle Ct Reno, NV 89511

Phone: ( 310 ) 503

- 4350 FAX: (815)550

- 8766 http://www.aeropacific.net Email: Doug.Moss @aeropacific.net people and property will be minimized and even if an accident were to occur, the small weight and lack of flammable fuel of the sUAS will provide an equivalent level of safety.



### 14 CFR 91.121: Altimeter Settings

14 CFR 91.121 requires local altimeters settings be used when operating below 18,000 ft MSL.

Since the sUAS do not use any barometric equipment for altitude control (only GPS derived altitude above launch point), this requirement is superfluous and should be exempted. Safety will not be affected by not using local altimeter settings. Thus, AeroPacific Consulting LLC should be exempt from this requirement.



### 14 CFR 91.151: Fuel Requirements for Flight in VFR Conditio **ns**

14 CFR 91 .151 requires that flights must be planned so that an aircraft lands with at least 30

minutes of fue l in reserve. AeroPacific Consulting LLC should be exem pt from this requirement because a) there will be no humans aboard the sUAS who would be harmed if the sUAS ran out of fuel, and , b) the sUAS incorporates an automatic fuel alert feature when a preset level of battery cap acity remains . When the battery capacity reaches such a level, the sUAS will automatically return to its launching point. This will provide an equivalent level of safety.



### 14 CFR 91.203 (a&b): Certific **ations Required, Airworthiness & Registration**

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These

are inapplicable for the same reas ons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at AeroPacific Consulting LLC operations center. The pilot in command will have a photocopy of the aircraft registration on him whenever operating the sUAS.



### 14 CFR 9 **1 Sub part E**  **(Sections 91.405**

**- 409)**  **: Maintenance, Preventive**

**Maintenance, and Alterations** 

14 CFR 91.405 requires that an aircraft be inspected on an annual and/or hourly basis, requires specific documentation of maintenance performed, and requires all maintenance be performed by a licensed A&P or IA mechanic. AeroPacific Consulting LLC should be exempt from these requirements because there are no o wner

- serviceable parts on the sUAS. Furthermore, any maintenance to be performed must be and will be performed by its manufacturer, D J I, Inc. Before flight, the PIC will inspect the sUAS in accordance with the manufacturer's operating manual to ensure the sUAS is safe to fly

.



### 14 CFR **91.417 : Maintenance Records** 

14 CFR 91.417 Requires that not only complete maintenance records of the aircraft be kept, but that they also be signed off by a certificated A&P or IA mechanic. AeroPacific Consulting LLC should be exempt from this requirement since the designated repairmen at the manufacturer , DJI,

Inc

, are not certificated A&P or IA mechanics. To fulfill the spirit of the regulation, however, AeroPacific Consulting LLC will maintain a complete maintenance log of all sUAS maintenance

actions under its ownership and control, but without adhering to th e signature requirements of

FAA certificated mechanics.AeroPacific Consulting LLC 195 N. Argyle Ct Reno, NV 89511

Phone: ( 310 ) 503

- 4350 FAX: (815)550

- 8766 http://www.aeropacific.net Email: Doug.Moss @aeropacific.net 

## Summary

Approval of these 333 Exemptions allowing commercial operations of small s UAS in the service

of aerial data collection w ill greatly enhance safety by reducing the overall risk associated with

conventional aircraft.

Granting AeroPacific Consulting LLC the above exemption will allow for the expansion of U AS systems into the future for the safe conduct of free enterprise and the enjoyment of the masses. AeroPacific Consulting LLC respectfully requests the FAA grant its exception without delay.

The FAA has the authority to issue the exemption sought by AeroPacif ic Consulting LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely

Douglas M. Moss 2 Attachments Managing Member 1) Phantom User Manual, Vision 2+

AeroPac ific Consulting LLC 2) Phantom User Manual, 3 Professional 195 N. Argyle Ct. Reno, NV 89511

310

- 503

- 4350 doug.moss@aeropacific.net