July 1

, 2015

Exemption No. 11968 Regulatory Docket No. FAA

– 2015

- 1252

Mr. Ray Renteria

UAV Aeronautic s Investigation & Logistics LLC

6225 West First Avenue Lakewood, CO 80226

Dear Mr. Renteria :

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 s dated A pril 28 and June 2, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of UAV Aeronautics Investigation & Logistics LLC ( hereinafter petitioner or operator ) for an exemption. The petitioner requested to operate an
unmanned ai rcraft system (UAS) to conduct aerial video and photography of utility

components and survey mapping

.

See Appendix A for the petition submitted to the FAA describing 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.

Airw orthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2+ and DJI Phantom 3.

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

— Airworthiness Certificates . In accordance with the statutory criteria2

provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in 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

, Certification 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 1

. 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.

Ther efore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, UAV Aeronautics Investigation & Logistics LLC 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 and/or closed set motion picture a nd filming. This exemption is subject to the conditions and limitations listed below.

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

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, UAV Aeronautics Investigation & Logistics LLC 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.

1. Operations authorized by this grant of exemption are limited to the the DJI Phantom

2+ and DJI Phantom3 when we ighing less than 55 pounds including payload. Proposed operations of any other 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 airsp eeds greater than the maximum UA operating airspeed recommended by the

aircraft 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 o perations must utilize a visual observer (VO). The UA must be operated within 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 messaging 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 VO.

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 herei nafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the4

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 limitations 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 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 e xemption. 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 characteristi cs, e.g.
, replacement of a flight critical component, must undergo a functional 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 fro m 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 opera tion.

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

- flight inspection 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 fol low 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 o f 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 Co l u mbia, Puerto Rico, a territory, a possession, or the Federal government. 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.5

14. The operator may not pe rmit 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 pe rsons, vessels, vehicles and structures. PIC qualification flight 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

- bui lding) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during ded icated training sessions. During

traini ng, proficiency, and experience

- 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 acco rdance with 14 CFR § 91.119.

15. UAS operations may not be conducted 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

- pub lished aeronautical chart, unless a letter of agreement with that 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 Administrat or or any law enforcement official upon request.

17. The UA may not 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 five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air T raffic 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 con ducted under the terms of the attached COA

.6

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 pa rt 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 St ation of the UAS any time the aircraft is operating. These documents 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 t imes.

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 th at sufficiently protect nonparticipating persons

from the UA and/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 p rotection 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 t o those objects and the PIC has made a safety assessment of the 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 over private or control led

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

28. Any incident, 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 the National Transportation Safety Board (NTSB) per instructions

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

.7

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 documente d 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 propos ed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan 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

und er this grant of exemption;

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

- scene 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 th at the operator has obtained permission from property owners and/or local officials to conduct 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 repres entative; 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

oper ations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

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

Sincerely,

/s/

John S. Duncan Director, Flight Standard s Service

Enclosures9

MR. RAY RENTERIA

UAV AERONAUTICS INVESTIGATION & LOGISTICS LLC

6225 WEST FIRST AVE LAKEWOOD, CO 80226Sections we are seeking relief from

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) (“Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, 4K Aerial Imaging, LLC requests an exemption from th e following Federal Aviation Regulations (“FARs”): 14 C.F.R. Part 21; 14 C.F.R. 61.113(a) and (b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.119(c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(1) and (2); 1 4 C.F.R. 91.417(a) and (b).

Public I nterest UAV Aeronautics Investigation & Logistics use of UAS for videoing and photographing utility components (e.g., Accident investigation, fire, train track inspection, search and rescue) as well

as survey mapping c an reduce the required manpower as well as the likelihood of inspection related injuries. A small UAS can be used to safely inspect powerlines instead of a large helicopter hovering within a close proximity of powerlines carry ing persons onboard with

hundr eds of gallons of combustible fuel. The environmental impact can also be reduced when using small UAS instead of traditional methods of utility inspection. Small UAS can inspect, photograph and collect data in hard to reach areas that otherwise would requi re worker inspection. Manned aircraft have a greater possibility of becoming a threat to the general public through potential catastrophic crashes resulting in loss of life. Our small UAS pose no such threat due to their small size (each weighing less than 10 pounds), no onboard pilot, and lack of combustible fuel. This alleviates a large amount of potential threats to the public. Additionally

, small UAS reduce the environmental impact by dramatically

decreasing the energy

used for aerial imaging.

AI RCRAF T AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or e ven higher level of safet y t o operations under the current regulatory structure because the proposed operations represent a safet y enhancement for current Aerial photograph y services that use conventional, ‘full scale’, piston/jet driven aircraft. These

li mitations and conditions to which UAV Aeronautics I nvestigation & Logistic LLC., the applicant, agrees to be bound when conducting commercial operations under an FAA issued exemption include: 4 Reform Act Section 333 (b).

Regulations from which the exempt ion is requested: 14 C.F.R Part 21 14 C.F.R. 45.23(b) 14 C.F.R 61.113 (a) & (b) 14 C.F.R. 91.7 (a)14 C.F.R 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R 91.151 (a) 14 C.F.R 91.203 (a) & (b) 14 C.F.R 91.405 (a) 14 C.F.R 407 (a) (1) 14 C.F.R 409 (a) (2) 14 C.F.R 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 law directs the Secretary of Transportation to

consider whether certain unmanned aircraft s ys tems may operate safel y in the national airspace

sy stem (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 ty pes of UASsdo not create a hazard to users of the NAS or the public or pose a threat to national securit y in

light of the following: • The UAS’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 of the operator. Reform Act § 333 (a). Lastly , if the Secretary determines that such vehicles “may operate safel y in the national airspace sy stem, the Secretary shall establish require ments for the safe operation of such aircraft in the national airspace sy stem.” Id. §333(c) . The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This
statutory authorit y b y its terms includes exempting civil aircraft, as t he 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

subsec tion (a) or (b) of this section or an y sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

**14 C.F.R. Part 21, Subpart H: Airworthiness 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 opera ting 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 safet y 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 t he particular UAS. In all cases, an anal ys is 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosi ve materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the

Man ual’s requirements, and under the requirements and in compliance with local public safet y requirements, to provide securit y for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safet y enhancements provide a greater degree of safet y to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates tha t there is no credible threat to national security posed by the UAS, 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 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 display ed

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 cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two

- i nch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safet y will be provided b y having the sUAV marked on its fuselage as required b y §45.29 (f) where the pilot, obs erver 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 C.F.R. § 61.113 (a) & (b): Private Pilot Pr ivileges and Limitations: Pilot in Command.**  Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of

safet y of current ope rations by requiring the PI C operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. 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 Manual. The level of safet y provided by the requirements included in the Manual exceeds that provi ded b y a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 6 1 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PI C exceeds the present level of safet y achieved b y 14 C.F.R. §61.113 (a) & (b). **14 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 airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given th e size of the aircraft and the requirements contained in the DJ I Owner’s Manual for

maintenance and use of safet y check lists prior to each flight, an equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in th e 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 is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approv ed airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y 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 safet y will be maintained by keeping the flight manual at the ground control point where the pilot fly ing the sUAS will have immed iate access to it. The FAA hasissued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot i n command to take certain actions before flight to insure the

safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safet y will be provided as set forth in DJ I Phantom Owner’s manual along with the applicant’s 20+ years of experience flying radio

controlled aircraft without incident. The PI C will take all actions including reviewing weather, 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 balloon) that is being used for flight instruction unless that aircraft has full y functioning dual

controls.

sUASs and remotel y piloted aircraft, b y 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 F AA has approved exemptions for flight training without fully

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided b y the fact that ne ither a pilot nor passengers will be carried in the aircraft and b y 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 aircraft. Section 91.119 (d) allows helicopte rs 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 that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL , an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operat ed in a restricted area with securit y perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The sUASs are equipped with telemetry back to the operator. Telemetry includes altitude,

vertical and horizont al ground speed, direction and distance from operator. The equivalent level of safet y 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
propert y own er or local officials. Because of the advance notice to the property owner and participants in the filming activity , all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weightin g far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, an y risk associated with these operations is far less than those presentl y presented with conventional aircraft used in photograph y for Real Estate and Business. In addition , the low

- altitude 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 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 sUAS may not have a barometric altimeter,but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be achieved b y the operator, pursuant to the Manual and Safety Check list, confirming the

altitude of the launch site shown on the GPS altitude indicator befor e flight.

1 **4 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 enoug h 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 fl y after that for at least 45 minutes.” The battery

powering the sUAS provides a pproximately

25 minutes of powered flight. 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 day lig ht or night VFR

conditions is reasonable. Ap plicant 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 small UAS, in a tightly contro lled area where only people and propert y owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the t ype of risks that Section 91.151(a) was intended to alleviate given the s ize and speed of the small UAS. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration** The regulation provides in p ertinent 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 airworthi ness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is display ed 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 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

p oint where the pilot fl yi ng the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 966 5, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **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 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 sections and Part 43 apply onl y to aircraft with an airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the operator pursuant to the manufacturer’s flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry

a small pay load and operate onl y in restricted areas for limited periods of time. Ifmechanical issues arise the UAS can land immediat ely and will be operating from no higher than 400 feet AGL. As provided in the Owner’s Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance. Moreover, the operator is the person most fam iliar with the aircraft and best suited to maintain the aircraft in an

airworth y condition to provide the equivalent level of safet y. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be det ermined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 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) and (b); 91.40 5 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in motion picture and television operations. Approval of exemptions allowing commercial operations of sUASs will enh ance safet y b y reducing risk. Conventional aerial photograph y/ videograph y operations use jet or piston powered aircraft. Such aircraft must fly to and from the film location. I n contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminat es virtually all of that risk given the reduced mass

and lack of combustible fuel carried on board. The sUAS is carried to the film location and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the

risks associat ed with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safet y supporting the grant of the exemptions requested herein, including exem pting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations

condu cted with turbine helicopters operating in close proximity to the ground and people. **Privacy** All flights will occur over private or controlled access property with the property

owner’s prior consent and knowledge. Photographs will be of people who have als o consented to being photographed or otherwise have agreed to be in the area where photography will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airpor ts and populated areas and operation within visual line of sight and national securit y

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the aerial photograp y industry.

UAV Aeronautics will be using the DJ I Phantom 2+ and the DJ I Phantom3 professional. http://download.dji

innovations.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety _Guid elines.pdf

DJI Phantom 2 Visio n + Owner’s Manual with pre

- flight checklist and maintenance procedures: http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_ Manual_v1.8_en.pdf

DJI’s Website resource to locate NO FLY ZONEs near your current location: http://www.dji.com/fly

- safe/category

- mc