FAA Exemption Rulemaking

Section 333

Of The FAA Reform Act and Part 11

Prepared by

Gregory Heide

April 28th, 2015

825 Great Northern Blvd. Suite 322

Helena, MT 59601

406­461­7460

greg@bigskyuav.com
Attention:

United States Secretary of Transportation

Mr. Anthony R. Foxx

1200 New Jersey Ave, SE

Washington DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and 14 CFR Part 11 of the Federal

Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9

(b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.409 (a) (2); 91.417 (a) &

(b)

Dear Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 CFR Part 11, Big Sky UAV LLC., a Montana Limited Liability Corporation, consultant, and

operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography

and videography purposes, hereby applies for an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow 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.

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited,

2) predetermined, and 3) controlled as to access. Approval of this exemption would thereby fulfill the

Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of

such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act.

Big Sky UAV, LLC requests to use the DJI Inspire 1 for aerial imaging. The FAA has previously

issued Grants of Exemption in circumstances similar in nearly all material respects to those

presented in this petition. In previous Grants of Exemption [Nos. 11062 to Astraeus Aerial (see

Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to

VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket

No. FAA−2014−0642)], the FAA found that the enhanced safety achieved using an unmanned

aircraft with the specifications described by the petitioners, carrying no passengers or crew—rather

than a manned aircraft of far greater proportions, carrying crew and flammable fuel—gave the FAA

good cause to find that the UAS operations were in the public interest. Big Sky UAV, LLC feels that

the reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 would

also reasonably apply to the situation presented by this petition. Additionally, we feel that considering

the enhanced safety features provided by the DJI Inspire 1 (the “No­Fly Zone” feature in particular),

as well as the cost effectiveness of small UAS aerial photography, a grant of exemption would be in

the public interest.
The name and address of the applicant is: Big Sky UAV, LLC Attn: Gregory Heide Phone:

406­461­7460 Email: greg@bigskyuav.com Address: 825 Great Northern Blvd, Suite 322, Helena,

MT, 59601.

Regulations from which the exemption is requested:

14 CFR Part 21

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

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333 (a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the national airspace system

(NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making

this determination, the Secretary is required to determine which types of UASs do not create a

hazard to users of the NAS or the public or pose a threat to national security in light of the following:

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

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot and Observers. Reform

Act §333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of such

aircraft in the national airspace system.” Reform Act §333 (c). The Federal Aviation Act expressly

grants the FAA the authority to issue exemptions. This statutory authority by its terms includes

exempting civil aircraft, as the term is defined under §40101 of the Act; that includes sUASs, from the

requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this

section or any sections 44702­44716 of this title if the Administrator finds the exemption in the public

interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

Big Sky UAV, LLC’s sUASs are small rotorcraft aircraft, weighing less than 60 oz including

sensor payload. We operate our rotorcraft under normal conditions at a speed of no more than 17
knots, usually 0­5 knots. The rotorcraft have the capability to hover and move in the vertical and

horizontal plane simultaneously. We will manually operate only in Visual Line of Sight and will

operate only within the operating parameters as described in the Operating Manual attached as

Attachment 1.

Adherence to the Operating Manual will insure that the sUASs will “not create a hazard to the

national airspace system or the public.”

Given the small size and weight of the sUASs involved and the restricted sterile environment

within which they will operate, Big Sky UAV falls squarely within that zone of safety (an equivalent

level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of UASs to commence immediately. Also due to the size of the sUASs and the areas in

which the relevant sUAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended, granting the requested exemptions is in the public interest for the following

reasons: (1) the strong equivalent level of safety surrounding the proposed operations, and (2) the

significant public benefits, including enhanced safety, reduction in environmental impact, including

reduced emissions associated with allowing UASs for educational and marketing operations, (as

opposed to full scale aircraft). Accordingly, Big Sky UAV respectfully requests that the FAA grant the

requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Big Sky UAV, LLC proposes that the

exemption requested herein apply to civil aircraft that have the characteristics and that operate with

the limitations listed herein. These limitations provide for at least an equivalent or possibly higher

level of safety to operations under the current regulatory structure because the proposed operations

represent a safety enhancement to the already safe filming operations conducted with conventional

aircraft. These limitations and condition to which Big Sky UAV, LLC agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUASs will weigh less than 5 lbs.

2. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew

(Spotter / Observer).

3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no more than 200 feet AGL, though most

operations will be conducted within 50 feet of the ground

5. Minimum two (2) man crew for each sUAS operation will consist of the Pilot and Spotter /

Observer. In most cases the third aircrew member will serve as the Safety Officer.

6. The sUAS Pilot will be an FAA licensed airman with at least a private pilot’s certificate and

third class medical. The Spotter (Observer) will hold at least a third class medical.

7. The sUAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder, other than

the sUAS Pilot, possesses the necessary PIC qualifications and is also present, that person may also

be designated as PIC.

8. The sUAS will only operate within an area as defined in the Manual on pages 45­48.

Additionally, the sUAS will only operate under 200ft AGL, and outside a 3 statute mile radius of any
airport. The sUAS will never enter any MOA or Restricted Airspace, nor shall it violate any TFR as

outlined by the FAA.

9. A pre­flight briefing will be conducted in regard to the planned sUAS operation prior to each

day’s flying / recording activities. It will be mandatory that all personnel who will be performing duties

as “flight crew” be present for this briefing.

10. The Operator will obtain the consent of all persons involved in the filming and ensure that

only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be

reduced to 30 feet based upon an equivalent level of safety determination.

11. Pilot, and Spotter (Observer) will have been trained in operation of sUASs generally and

received up­to­date information on the particular sUAS to be operated as required.

12. Spotter (Observer) and Pilot will at all times be able to communicate by voice or radio.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. If the sUAS loses communications or loses its GPS signal, the sUAS will have capability

to return to a predetermined location and land.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §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 Big Sky UAV, LLC, an exemption from 14

CFR Part 21 Subpart H meets the requirements of an equivalent level of safety under 14 CFR 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 capability, and

proximity to airports and populated areas of the particular 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

aircraft (fixed­wing or rotorcraft) operating with an airworthiness certificate without the restrictions and

conditions proposed.

The sUAS to be operated hereunder weighs less than 5 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a limited radius area as set out in the pre flight briefing / VLOS operations. Unlike other civil

aircraft, operations under this exemption will be tightly controlled and monitored by both the

Operator, pursuant to safety requirements, and under the requirements and in compliance with local

public safety requirements, to provide security for the area of operation as is now done with

conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in

connection with video production, provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates 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 sUAS, due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.
14 CFR §45.23 (b):

With regard to marking of the aircraft, this regulation requires:

When marks include only the Roman capital letter “N” and the registration number is

displayed on limited, restricted or light­sport 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”, “light­sport,” “experimental,” or “provisional,” as applicable.

Even though the sUASs will have no airworthiness certificate, an exemption may be needed as the

sUASs will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental”

can be placed. Given the size of the sUAVs, two­inch lettering will be impossible. The word

“Experimental” will be placed on the fuselage in compliance with 14 CFR §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as

required by 14 CFR §45.29 (f) where the Pilot, Spotter (Observer) and others working with the sUAV

will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions

to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations ­ Pilot in Command (PIC)

Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. Because the sUASs will

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of

current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather

than a commercial pilot’s license to operate this sUAS. Unlike a conventional aircraft that carries the

pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of

operation is controlled and restricted, and all flights are planned and coordinated in advance as set

forth in the Operating Manual. The level of safety provided by the requirements included in the

Operating Manual meets that provided by a single individual holding a commercial pilot’s certificate

operating a conventional aircraft. The risks associated with commercial operations contemplated by

Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the

PIC exceeds the present level of safety achieved by 14 CFR §61.113 (a) & (b).

14 CFR §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 airworthiness 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 and

the requirements contained in the Operating Manual for maintenance and use of safety checks prior

to each flight, as set forth in the Operating Manual, an equivalent level of safety will be provided.

However, as required by 14 CFR 91.7(b) a preflight assessment will be conducted.

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:
No person may U.S.­registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight

Manual is 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 sUAS, given its size and configuration, 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 keeping the Operating Manual at the ground

control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued

the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,

9565B, 10167, 10167A 10602, 32827, and 10700

14 CFR §91.103: Preflight Action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As

FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be

needed. An equivalent level of safety will be provided as set forth in the Operating Manual. The PIC

will take all actions including reviewing weather, flight battery requirements, landing and takeoff

distances and aircraft performance data before initiation of flight.

14 CFR §91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls. SUASs

and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is

accomplished through the use of a control 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. See Exemptions

Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that aircraft will be piloted

by a certified private pilot who has previously trained in remote flight areas before attempting flight

within filming distance of structures.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. 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 sUAS, Big Sky UAV, LLC requests authority to operate at altitudes up to 200 ft.

AGL; an exemption may be needed to allow such operations. As set forth herein, the sUAS will never

operate at higher than 200 ft. AGL. It will however be operated in a controlled area where buildings

and people will not be exposed to operations without their pre­obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as

location where it is operated. No flight will be taken without the permission of the property owner and
without advance notice to participants. Because of the advance notice to the property owner and

participants in the photographic activity, all affected individuals will be aware of the planned flight

operations as set forth in the Operating Manual. Compared to flight operations with aircraft or

rotorcraft weighing far more than the maximum 5 lbs. proposed herein and because of the lack of

flammable fuel, any risk associated with these operations is far less than those presently presented

with conventional aircraft operating at or below 500 ft. AGL. In addition, the low­altitude operations of

the sUAS will ensure separation between these small UAS operations and the operations of

conventional aircraft that must comply with Section 91.119.

14 CFR §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 sUAS will 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 Operating Manual and Safety Checklist, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

14 CFR §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

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the

sUAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, sUAS flights would be impossible. Given the limitations on the

sUAS’s proposed flight area and the location of its proposed operations within a predetermined area,

a longer time frame for flight in daylight or night VFR conditions is reasonable.

Big Sky UAV, LLC believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151 (a)). Operating the sUAS 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 sUAS. Additionally, limiting sUAS flights would

greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes

or 25% of battery power whichever happens first. This restriction would be more than adequate

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

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

14 CFR §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 civil 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 (b) 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 sUAS fully loaded weighs no more than 5 lbs. and is operated without an onboard Pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on the

sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the Pilot flying the sUAS will have immediate access to them, to the extent they are applicable

to the sUAS, and should they be issued. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789,

9789A, 9797, 9797A, 9816A, and 10700.

14 CFR §91.405 (a); 407 (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 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.

Given 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 Operating manual. An equivalent level of safety will be achieved because these sUASs are

very limited in size and will carry a small payload and operate only in restricted areas for limited

periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from

no higher than 200 ft. AGL. As provided in the Operating Manual, the PIC (operator) will ensure that

the sUAS is in working order prior to initiating flight, and perform required maintenance. 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.

Publication Summary

Pursuant to 14 CFR 11.81(f), the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed: Applicant seeks an exemption from the

following rules: 14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 (a) & (b); 91.7 (a);

91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a)

(1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially Small Unmanned Aircraft Systems

(5lbs or less) in photography and videography operations.
Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent

and knowledge, or over remote public land. Image capture of people will rarely take place, but in the

event they are, they will have consented prior to being filmed or otherwise have agreed to be in the

area where data collection will take place.

Airborne Image Capture

With regard to airborne filming, Big Sky UAV, LLC adheres to all FAA regulations. Further Big Sky

UAV, LLC airborne teams operate under the principles of: Safety First, Quality Assurance,

Accountability, Reporting, and Training. When approved by the FAA, it is Big Sky UAV, LLC’s

mandate to treat all sUAS operations the exact same level of professionalism and seriousness as

that of conventional aircraft. Approval of exemptions allowing commercial operations of sUASs in our

industry will enhance safety by reducing risk. Conventional operations, using turbine or piston

powered aircraft, present the risks associated with vehicles that weigh in the neighborhood of

2,000lbs.+, carrying large amounts of Jet A or 100LL (90 gallons for the aircraft previously used by

Big Sky UAV, LLC). Such aircraft must fly to and from location. In contrast, a sUAS weighing fewer

than 5 lbs, and powered by batteries, eliminates virtually all of the risk, given the substantial reduced

mass and lack of combustible fuel carried on board. The sUAS is typically transported to the location

via auto, or cargo van, in a medium sized case and is never flown to the site. The sUAS will carry no

passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft.

The operation of sUASs, weighing less than 5lbs, conducted in the strict conditions outlined above,

will provide an equivalent level of safety supporting the grant of the exemptions requested herein,

including exempting the applicant from the requirements of 14 CFR Part 21 and allowing commercial

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile

environment. As a result, they are far safer than conventional operations conducted with piston

helicopters, or fixed wing aircraft operating in relatively close proximity to the ground and people.

The primary market of interest for Big Sky UAV, LLC utilizing sUASs is aerial videography and

photography.

It is anticipated that the airborne image capture process will be accomplished exclusively in daytime

VFR environments. To capture the highest quality of resolution the majority of airborne data

collections will take place during the 10:00am – 4:00pm window.

Summary of Application

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – 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 applicant’s sUASs for aerial videography and

photography. Operating Manual appended hereto. Big Sky UAV, LLC is eagerly standing by to
support the FAA and sUAS community in its quest to establish proper regulations and protocols for

the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Gregory Heide

Big Sky UAV, LLC.

825 Great Northern Blvd. Suite 322

Helena, MT 59601

406­461­7460

greg@bigskyuav.com