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US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
January

### 27, 2016 

### Byron 5. Brock Vivid Aerial 1031 Bradford Place Joelton, TN 37080 byron@vividaerial.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14CFR 45.23(b); 14CFR 61.113(a) and (b); 14CFR 91.7(a); 14CFR91.9(b)(2); 14CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), 

### Byron 5. Brock herebyapplies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Thankyou in advance foryour consideration.Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Photography

### IVideography 2. Real Estate 3. Training 4. Search and Rescue 5. Construction 6. Aerial Mapping 

### I Surveying

As described fully below, the requested exemption would permitthe operation of designated UAS as set forth in this document under controlled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is 

### Byron S. Brock Vivid Aerial 1031 Bradford Place Joelton,TN 37080 byron@vividaerial.com

From which theexemption is requested: 14 CFR Part21 subpart H 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 (c) 14CFR91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition toflammable fuel, givesthe FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest. 

### Byron S. Brock Will operate one or more ofthe Following model UAS.

DJI Phantom 3, DJIInspire, DJI Matrice
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safetyofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UASmodel in operation, butwill not exceed 30 minutes. Flights will beterminated at 25% battery power reserve or30 minutes offlight time whichever occurs first.



### 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check ofaircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30feet based upon an equivalent level ofsafetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations atcloser range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UAS to be operated.16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide byall rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencieswith
an automated "Return Home and Land" function.

20. The UAS will havethe capabilityto abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA'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 NTSBWeb site: www.ntsb.gov.

14 C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meetsthe requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate in the restricted environment and underthe 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 UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafetyto the public and property owners than conventional operationsconducted with airworthiness certificates issued under 14 C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthat there is no credible threatto national security posed bythe UAS, due to its size, speed of operation, location of operation, lackof explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft 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 provisionally certificated aircraft, the operator must also display on that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor morethan 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also displayon that aircraft
near each entrance tothe cabin, cockpit, or pilot station, in letters not lessthan 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 entranceto the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. Theword "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015 The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will seethe identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level of safety as achieved bycurrent Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed thatthe operation and limitations set forth in the FOM will equate to the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraftfor maintenance and use of safety checklists priorto each flight, an equivalent level of safetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: Noperson mayoperate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but becausethere is no room or capacity to carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate accessto it.

14C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

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 unlessthat aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, bytheirdesign do not have fullyfunctional dual controls. Flight control is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training withoutfully functional dual controls for a numberof aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neithera pilot norpassengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation of civil aircraft. Section 91.119 (d) allows helicoptersto 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 UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption maybe needed to allow such operations. As setforth herein, the UAS will never operate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to surveyor photograph a structure whose height exceeds 400feet AGL, the UAS will not be operated morethan 200feet above the highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and peoplewill not be exposed to operations withouttheir pre obtained consent. The equivalent level ofsafetywill be achieved given the size,weight, and speed ofthe UAS as well as the location where it is operated. No flightwill be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
morethan the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with Section 91 .119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 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 enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least45 minutes." The applicant believesthat an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled areawhere only people and property
owners or official representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happensfirst. This restriction would be morethan adequateto return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §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 mayoperate a civil aircraft unless it has within it thefollowing: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is-· .• I,

displayed atthe cabin orcockpit entrance sothat it is legibleto passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or placeto carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate accessto them, to the extentthey are applicableto the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operatororowner "shall havethat aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspector maintain the aircraft in compliance with Part 43. Given that these sections and Part43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenancewill be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level ofsafetywill be achieved becausethe UAS isvery limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediatelyand will be operating from no higherthan 400 feet AGL. The operator will ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator isthe person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to providethe equivalent level ofsafety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordancewith the UAS Manufacturer's User Manual. As provided in the FOM, and a linkon last page, the operatorwill ensurethat the UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information' 

## ..

The applicant 

### Byron S. Brock believes this exemption request and associated safety considerations adequatelysatisfy criteria provided in Section 333ofthe Reform Act of2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS. Ialso feel its in the public's interest on granting the exemption, as we can educate them atthe same time. And all the positive sides ofthe new technologyand the levels of safety.

The applicant 

### Byron S. Brock requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notify 

### Byron S. Brock of your actions, and orapprovals. Thankyou, for your interest in this request.

Sincerely,



### Byron S. Brock