## January 5, 2016

Uninsured Boston Aeroworks, LLC 85 Wheeler Road Hollis, NH 03049 617-852

-4928

U.S. Department of Tran sportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590



## Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Administrator,
Pursuant to Section 333 of the FAA Modemization and Reform Act of 2012 and 14 C.F.R., Part 11, 

## Uninsured Boston Aeroworks, LLC d/b/a Boston Aeroworks ("Boston Aeroworks"), operator of Small U nmanned Aircraft Systems ("sUAS") equipped to conduct aerial photography, videography, and inspection, requests a limited exemption from the below-listed regulations to allow commercial operation of its sUASs, provided that the proposed sUAS operations comply with the conditions outlined below or as established by the Federal Aviation Administration ("FAA") under Section 333.
The name and address of the applicant is: 

## Uninsured Boston Aeroworks, LLC, 85 Wheeler Road, Hollis, NH. 03049, c/o Tom N. Jagatic, Member, 617-852-4928, tn

j @boston .aero.

## Regulations from which the exemption is requested (refer to Appendix A for full details includingjustification for regulation exemption):

Regulation 14 CFR 21, subpart H 14 CFR 45.23 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103 (b) 14 CFR 9 I 

## .1 09

14 CFR 91

. 119 14 CFR 91.12 1 14 CFR 91.151(a) 14 CFR 91.203(a) &(b) 14 CFR 91.405(a) 14 CFR 91.407(a)(l)

14 CFR 91.409(a)&(b) Brief Description Air Worthiness Certificates Identification and Regi stra tion Marking Civil Aircraft Worthiness Civil aircraft flight manual, marking, and placard requirements Preflight action Flight in struction ; Simulated instrument flight and certain flight te sts Minimum safe altitudes Altimeter settings Fuel requirements for flight in VFR conditions Ci vii Aircraft: Certifications required Maintenance required Operation after maintenance, preventive maintenance, rebuilding, or alteration. Inspection s

The requested exemption would permit the operator to pursue, safe, professional, for profit services to private and public entities within the State of New Hampshire and adjoining states utilizing a small unmanned aircraft system (sUAS) for aerial still and video data capture for, but not limited to the following purpose:
I. 

## Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.
2. Aerial video and/or photography for public and/or private use including television, public events, and cinematography.
3. Aerial inspection/photography of residential/commercial structures under

## contract with the owners or local government authority.
4. 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 contract or donation.
The UAS to be utilized during the operations are a highly successful consumer grade small rotorcraft in the quad copter configuration manufactured by DJI.


## The DJI Phantom 3 with an advertised weight of 2.8 pounds (1280g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1000 feet per minute (5 m/s). It is powered by four electric motors with a diagonal size (including propellers) of less than 24 inches (590mm).


## In addition to the requirements already set forth by CFR Title 14 and the applicable FAR, 

## Uninsured Boston Aeroworks7 

## LLC will,

1. Only operate its UAS in direct visual line of sight of the pilot and observer without use of a visual aid other than corrective lenses.
2. Operate at an altitude no greater than 400 feet above the ground.
3. Operate with due vigilance and known practiced see and avoid scanning techniques to avoid any conflicts with manned or other UAS aircraft that may enter the UAS operating area. The UAS flight will be immediately terminated if a potential conflict may exist.
4. Only operate over private sites or controlled access property with written and/or oral permission from the relevant property holder or authorized representative.
5. Terminate flight when any unsafe condition exists.
6. Terminate flight when battery voltage drops to 20 % of battery capacity or when the 1 low battery alert occurs per the Instruction Manual.
7. Operate at a ground speed of 0 to 40 knots during on site missions.
8. Operate in accordance with the guidance and standards set forth by the UAS

## manufacturer and the administrator.
9. Operate with a minimum crew for each operation consisting of the PIC and a visual observer in direct communication utilizing appropriate verbal, radio,
or cell phone as needed.
10. Insure the sUAS operator on the controls will be at least a current Private Pilot with a class 

## Ill medical or a valid U.S. driver' s license issued by a sta te , the District of Columbia, Puerto Rico, a territory , a possession, or the Federal government.
11. Insure the observer has an understanding of the Title 14 of the Code of Federal Regulations ( 14 CFR) parts applicable to the airspace where the Unmanned Aircraft Systems (UAS) will operate.



## Public Interest
UAS operations are often categorized into " three Ds ": dull, dirty , or dangerous. For in stance aerial inspection work is not necessarily an exciting endeavor. Such "dull " work can be carried out by helicopters, but when conditions shift or mechanical failure occurs, the use of a helicopter can prove " dangerous" for the human pilots aboard. UAS technology used for these commercial purpo ses benefit the public interest in the following ways:

• Reduces the collateral damage risks to life and property associated with low altitude helicopter operations.

• Increased economic wellbeing to local businesses via cost reduction s.

• Enabling aerial business solutions to be available to a larger market.

Respectfully,

## Appen

_ dix A: Regulations for Requested Exemption

Regulation Code 14CFR21, subpart 

### H , l4CFR 

### §91.203 (a) 

### ( I ) 

### Brief Description Air Wo rthin ess Cer tificates 

### Regulation Description
Subpart H, entitled Ai rworthiness Certificates, sets forth requirements for proc urement of necessary ai rworthiness certificates in relation to 

### FAR §91.203(a)( I )_ 

### Justification for Regulation Exemption

Give n the size, weight and defined area of operations for 

### Uninsured Boston Aeroworks, LLC. UAS flights permits exception from Part 

### 21 because the y meet
an equivalent level of safety pu rsuant to Secti on 333 of the Reform Act. The FAA is authorized to exempt aircraf t from the
airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislati on permit the FAA to exempt UASs fro m airworthiness certificates in
cons ideration of weight, size, speed, maneuverab il ity and proxim ity to areas s uch as airports and dense populations. The UAS to be operated are less than 55 lbs. full y loaded, carry neither pilot nor passenger, carry no exp losive materials or flammable fuels. and operates within a secured controlled area. Operations under thi s exemption will be tightly controlled and mo nitored to ensure safe operations.14CFR §45.23 (b)

14CFR §91.7 (a) Marking of Aircraft

Civil Aircraft Worthiness The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light -sport category aircraft or experimental or provi sionally certificated aircraft, the operator must also display on that ai rcraft 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 , " "restr icted,"

" light-sport," "experimental ," or "provis i ona l ," as applicable. The regulation requires that no person may operate a civil aircraft unles s it i s in airw01thy condit i on. As there will be no airworthiness certificate i ssued for the aircraft , should this exemption be granted , no FAA regulato ry s tandard will ex i st for determining airworthiness. Even though the liAS will have no airworthiness cert ifi cate, an exemption may be needed as the liAS will have no entrance to the cabin, cockpit or pilot stat ion on which the word Experimenta l '. can be placed. Given the size of the UAS

. two-inch lettering will not be po ss ible. The word '·Experimental'· will be placed on the fuselage in compliance with §45.29 

### (f). The equ i va l ent leve l of safety will be provided by having the UAS marked on its fuselage as required by §45.29 

### (f) where the pilot. observer and others wo rk ing with the UAS will see the id entification of the UAS as "Ex perimental:' The FAA has is sued the following exemptions to this regulation to Exemptions Nos. 

### I 0700. 8738. 

### I 0 

### I 67 and 10167A. If required, theN regi stration number will also be displayed on the fuselage in a font size appropriate for the dimension of the device for identification purposes.
Given the size of the aircraft and the requirements contained in the Manufacturer s Operating Manual for maintenance and use of safet y check li sts prior to each flight. an equivalent level of safety will be provided.14CFR §9 1.9(b) 

### (2)

14CFR §9 1.103 (b)

14CFR §9 1.109 Civi l aircraft flight manual

Preflight action

Fli ght in s truction ; Simulated in st rum ent flight and certain flight tests o person may operate a U.S.- registered civil airc raft

... (2) For which an Airplane o r Rotorcraft Flight Manual i s not required by §21.5 of this chapter. unless there i s available in the aircraft a current approved airp l ane or Rotorcraft Flight Manual. approved manual material, markings. and placards. or any combination thereof.

Th i s regu l atio n requir es each pilot in co mmand become familiar with all inf o rmati on concerning that flight including runway distances and take of f and landing di stance s, with thi s data provide in FAA approved rotorcraft flight manual s will not be prov ided for the aircraft an exempti o n will be needed

. This section provides that no person may operate a civi l aircraft (e\ce pt a manned free ball oo n ) that is being used for flight in s tructi o n unle ss that aircraft has ful l y functioning dua l contro l s. The UAS, given its siz.e and configuration has no ability or place to carry such a flight manual on the ai rcraft. not o nl y beca use there i s no pilot on board. but becau se 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 UAS with immediate access to it. The FAA has is sued the f o llowing exemptions to thi s regulation: Exemption Nos.8607.8737.8738.9299.9299A.9565. 95658. 10167 , 10167A , 10602.32827, and 10700

.
Flight information such as runway di stances and flight perfonnance are not relevant to the operation of UAS. The equivalent action is that the PIC will review ai rspace co n sideration s. weather, flight battery requirements. land and propetiy boundaries with respect to takeoff and landing l ocations. Manual s for the U AS will p rese nt o n site of all o perati o ns

.

UAS are remotely piloted aircraft, by their de sign do not have fully functional dual contro l s

. Flight control is acco mpli shed through the use o f a co ntrol box that communicates with the aircraft via radi o communications. T he FAA has approved exemptions for flight training without fully

·functional dual controls for a number of aircraft and for flight instruct i o n in experimental aircraft. See Exempt i o n Nos. 5778K 

### & 9862A. The equivalent level of safety can be achieved as neither a pilot nor passe nger s will be carried in the aircraft in addition to the small size and low speed of the aircraft.14CFR Minimum Section §91.119 Thi s exemption i s for a UAS that is a RC §91. 119 safe altitudes establishes safe altitudes multi-prop helicopter with the exemption fo r operation of c i vil requesting au th o rity to operate at altitudes aircraft. Section §9 1

### .J 19 up to 400 AGL. T he equivalent level of (d) al l ows helicopters to safety w i ll be achieved given the size, be operated at less than weight, and speed of the UAS as well as th e the minimum s l ocat i on where it i s operated. prescri bed. provided the perso n operating the helicopter compl i es with any route or altitudes prescribed for helicopters by the FAA. 14CFR Altimeter Thi s regulat i on require s The UAS typically may not have a §91. 121 setti ng s each person operating an barometric altimeter. but i nstead a GPS ai rcraft to maintain al t it ude read out, an exempti on may be cruising altitude by needed. An equivalent level of safety will reference to an altimeter 

### be achieved by the operator, pursuant to the that i s se t ·•

...to the Manual and Safety Check list. by receiving elevation of the departu re altitud e inf o rmation via a digitally encoded ai r port or an approp ri ate telem etric data feed, wh i ch downlinks from altimeter setting the aircraft to a ground-based on-screen available before disp l ay. This a ltitude information will be departure."' generated by equip m ent installed on board the aircraft. using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Pr ior to each flight , a ze ro altitude initiation point w ill 

### be established, recorded and confirmed for accu racy by the pilot.

14 CFR Fuel Section §9 1 .15 I (a) The battery powering the UAS provides §9 1.151 (a) requirements prohibits an individual approximate l y 20 minutes of powered for flight in from beginn in g '·a flight flight. To meet the 30 minute reserve VFR in an airplane under VFR requirement in 14 CFR §9 1 .151. UAS conditions conditions unless flights wou l d not be practi cal. Given the (co nsidering wind and limitation s on the UAS's proposed forecast weather operations are w ith in the '·line-of -sight'" conditions) there i s distances

. flight durations wi ll instead 

### be enough fuel to fly to the determined by remaining battery l ife. first point of in tended Te l emet ry indicators prov id e i nd i cation of landing , and, assuming remaining battery life. At 25 percent normal cruising speed- remaining battery life. the sequence to bring (I) During the day. to fly operations to completio n w i ll be in itiated. after that for at lea st 30 Similar exemptions have been granted to minutes; or ( 2) At night. other operations. including Exemptions to ft 

### y after that for at 2689F, 5745, 10673, and 10808. least 45 minute s."'14CFR Civil T he regulation provide s The liA S fully loaded weighs no more t han §9 1.203 (a) Aircraft in pertinent part: 55 lb s

. and is operated without an onboard &(b) Ccrti fication (a) Except as provided in pilot. A s such, there is no abi lity or p l ace to s requ ir ed § 91.7 15 , no perso n may carry ce1ti fi cation and regi stration operate a civil aircraft documents o r to display them o n t he UAS. unles s it has within it the An equivalent level of safety will be following: ac hi eved by ke eping th ese documents at the ground control point w here the pilot flying ( I) An appropriate and the UAS w ill have immediate access to current airworthines s t hem , to the extent they are ap plicabl e to certificate

.. the UAS. The FAA has i ssued num e rous ( b) No person 1nay exe mpti ons to this regulation

. A operate a civil aircraft repre sentative s ample of ot her exce pti o ns unless the airworthiness includes Exemption Nos. 9565,9665,9789, cert ifi cate required by 9789A

. 9797. 9797A. 98 16A, and 10700. paragrap h ( a) of thi s section or a special flight authorization issued und e r §9 1.715 i s di splayed at the cabin or cockpit entrance so that it i s legible to passe ngers o r crew. 14CFR Operation These regulations req uire Given that these s ecti o ns and Part 43 apply §9 1.405 (a) af ter that an aircraft operator only to aircraft with an airwo 1 thiness §91.407(a) maintenance. or owne r '·shall have that ce 1tifi cate, these section s will not apply to (1) preventive aircraft in spected as the applicant. The o perato r pursuant to the §9 1.409(a) maintenance , prescribed in subpart E flight manual and operating handboo k will &(b) rebuilding, of thi s pa1t and shall accompli sh maintenance. Software and or alteration. between required firmware wil l be maintained with c urren t in specti o ns, except as versi o ns. As the manufacturer does not provided in paragraph ( c) provide specific maintenance i nstruct i ons, of thi s se ction , have maintenan ce will 

### be ·'on con diti on'' fo r a ll di sc repancie s repaired as aircraft and each aircraft w i ll have a presc ribed in part43 of maintenance log. thi s chapter

... .'· and others shall in spect o r maintain the ai rcraft in compliance with Part 43.