Lafuente Law

Diego Lafuente. Esq.

39 Smallwood Ave.

Belleville, NJ

(862) 596-2782

dlaf88@gmail.com

February 9, 2016

Electronically Submitted

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Aerial Backup, Inc. - Petition for Exemption to Operate Unmanned Aircraft

Systems Pursuantto Section 333 of the FAA Reform Act and Part 11 ofthe

Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No.

112-95 (2012) (“Section 333”) and the general exemption authority of the Federal

Aviation Administration (“FAA”) under 49 U.S.C. § 44701(f), and through the undersigned

counsel, Aerial Backup, Inc. (“Petitioner”) hereby petitions for exemptions from Federal

Aviation Regulations (“FARs”) 14 C.F.R., Part 21, 14 C.F.R. §§ 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).

The contact information of Petitioner is

Aerial Backup Inc.

Attn: David Castillo

189 W Santa Clara St.

San Jose, CA 95113
Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the

Federal Register, should it be determined publication is needed:

Petitioner requests an exemption that would allow the commercial operation of small,

unmanned aircraft systems (“UAS”) weighing 55 pounds or less including payload for the

purpose of conducting aerial data collection. Petitioner’s proposed UAS activities include

agriculture mapping and monitoring, land and infrastructure surveying and monitoring,

and forestry and wildlife management. Through the use of UAS-enabled mapping,

Petitioner will be able to provide valuable information to a host of industries.

Petitioner is requesting an exemption to operate a Skywalker X-8 and a Tarot X-6 UAS.

The use of these UAS is far safer than the use of manned aircraft which contain a flight

crew, passengers, and flammable fuel. Petitioner’s UAS are small and will operate at slow

speeds, close to the ground, far from airports, in low-risk, low-population environments.

The UAS will operate only in line of sight within a restricted environment. Petitioner’s

UAS pilot in command (“PIC”) will hold at least a recreational or sport pilot certificate. The

PIC will be proficient at manually flying radio-controlled aircraft and will possess either a

third-class medical certificate or a valid U.S. driver’s license.

The requested exemption should be granted because operation of the proposed UAS

pursuant to the strict conditions outlined below will provide an equivalent level of safety

as Congress intended. Moreover, using the herein described UAS rather than manned

aircraft to achieve the same operations would enhance safety. The enhanced safety would

be in the public interest.

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption

without delay. Petitioner requests exemption from the following rules: 14 C.F.R., Part 21,

14 C.F.R. §§ 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)

and any and all additional rules the FAA deems applicable to Petitioner’s UAS activities.

Petitioner’s UAS

The requested exemption will permit the Petitioner to operate a Skywalker X-8 and Tarot

X-6 UAS. Below are the description and operational characteristics of these UAS. Please

note that the FAA previously granted exemptions in which at least one of the exempted

UAS has been a Skywalker X-8 (Exemptions 11446 and 13573). Additionally, the FAA

granted Exemption 13288 in which a Tarot X6 UAS has been exempted.

Skywalker X-8
Maximum Weight 7.05479 lbs

Autopilot 3DR Pixhawk V 2.4.5

GPS 3DR u-blox GPS c/ Compass

Hovering Accuracy (GPS Mode) 3.28084 yards

Maximum Ascent Speed Undetermined by Manufacturer

Maximum Descent Speed Undetermined by Manufacturer

Maximum Speed 37.2823 miles/h

Maximum Wind Speed Resistance Undetermined by Manufacturer

Typical Flight Time 40 min approx

Dimensions 3.44488ft x 1.50919ft x 0.984252ft;

Wingspan: 6.95538ft

Remote Control Operating Frequency 2.4 GHz, FCC Compliant

Remote Control Transmitting Distance 1.24274 miles approx

Number of Remote Control Frequencies 8

Remote Control Battery 4 - AA Batteries

Battery 2 - 4000 mAh LiPo 4s

Tarot X-6

Maximum Weight 7.71618 lb

Autopilot 3DR Pixhawk V 2.4.5

GPS 3DR u-blox GPS c/ Compass

Hovering Accuracy (GPS Mode) 3.28084 yards

Maximum Ascent Speed Undetermined by Manufacturer

Maximum Descent Speed Undetermined by Manufacturer

Maximum Speed 24.8548 miles/h

Maximum Wind Speed Resistance Undetermined by Manufacturer
Typical Flight Time 40 min approx

Dimensions 2.95276 ft x 2.95276 ft x 1.1811 ft

Remote Control Operating Frequency 2.4 GHz, FCC Compliant

Remote Control Transmitting Distance 1.24274 miles approx

Number of Remote Control Frequencies 8

Remote Control Battery 4 - AA Batteries

Battery 1 - 10000 mAh LiPo 6s

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 CFR

Part 47, and have identification (N-Number) markings in accordance with 14 CFR Part 45,

Subpart C. Markings will be as large as practicable.

Proposed Uses of UAS

Petitioner will employ the Skywalker X-8 and Tarot X-6 for agriculture mapping and

monitoring, land and infrastructure surveying and monitoring, and forestry and wildlife

management. The imagery and video will be used to identify the condition of landscapes,

agriculture, events, disasters, and infrastructures. The UAS will collect high resolution

photo and video necessary to generate detailed 3D digital terrain & surface models, 2D

and 3D photographs, topographic maps, marketing videos, and building inspection data.

Flight Conditions, Limitations, and Equivalentlevel of Safety

Petitioner will operate the UAS with a level of safety equivalent or greater than the level

of safety Congress intended in the Federal Aviation Administration Modernization and

Reform Act of 2012 (“the Act”).

The UAS will not be operated at an altitude of more than 400 feet above the ground level.

Moreover, the UAS will not be operated at a speed exceeding 87 knots (100 miles per

hour) or at airspeeds greater than the maximum recommended by the aircraft

manufacturer. The UAS will be operated within visual line of sight (VLOS) of the pilot in

command (PIC) at all times. Therefore,during operation the PIC will be required to use

human vision unaided by any device other than corrective lenses.

The PIC will hold either an airline transport, commercial, private, recreational, or sport

pilot certificate. Additionally, the PIC will hold a current FAA airman medical certificate or

valid U.S. driver’s license issued by a state, District of Columbia, or Puerto Rico. The PIC
will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in

which the PIC is rated on his or her pilot certificate. Prior to each flight, the PIC will

conduct a preflight inspection and determine that the UAS is in a condition for safe flight;

such inspection will account for all potential discrepancies. If the inspection reveals a

condition that affects the safe operations of the UAS, the aircraft will be prohibited from

operating until the necessary maintenance has been performed and the UAS is found to be

in a condition for safe flight.

Prior to operating as a PIC for an official mission, the PIC will have documented at least 25

hours of total time as a UAS rotorcraft or fixed wing pilot and at least 10 hours as a UAS

pilot of a similar UAS type (Skywalker X8 or Tarot X6). Additionally, PIC will have logged

at least 5 hours in the make and model of Petitioner’s UAS. The PIC’s flight training will

involve at a minimum take offs and landings, hovering, evasive & emergency maneuvers,

mock mission flights, and ground control operations in order to insure that the PIC will be

fully aware of the capabilities of the UAS. The PIC will abort the flight in the event of

unpredicted obstacles and emergencies.

All operations will utilize at least one visual observer (VO). Prior to flight, the PIC will

ensure that the VO has the ability to perform his or her required duties. The UAS will be

operated within VLOS of the PIC and VO at all times. The VO and PIC will be able to

communicate verbally at all time. The PIC and VO will be allowed to communicate through

the use of radio or cellular devices; however, electronic messaging or texting during flight

operations will be prohibited. For each UAS use, flights will be logged in a traditional pilot

log-book and further documented through an electronic invoice/billing system that

records the date of each UAS flight.

Moreover, Petitioner agrees to the following limitations and conditions when conducting

its commercial UAS operations under an FAA exemption:

1. All UAS will weigh no more than 55 pounds, including payload.

2. All UAS will be operated within VLOS of the PIC and visual observer.

3. The maximum total flight time for each UAS flight will conclude upon the earlier of

forty-five (45) minutes or until 25% of UAS battery remains.

4. The UAS will be operated at an altitude of no more than 400 feet above ground

level.

5. UAS operations will not be conducted during the night.

6. All UAS operations will be conducted under visual meteorological

conditions(VMC).

7. The PIC will hold at least a recreational or sport pilot certificate and a third-class

medical certificate or a valid U.S. Driver’s License.
8. The UAS will not operate within 5 miles of an airport unless a letter of agreement

with the airport's management is obtained or such operation is permitted by the

FAA through a COA.

9. The minimum crew for each UAS flight will be the PIC and one visual observer.

10.The crew for each operation will at all times be able to communicate by voice or

through radio or cellular devices.

11.Written or oral permission will be obtained from the landowners or their

authorized agents of the land over which all flights will occur.

12.All UAS will have the capability to abort a flight in case of unexpected obstacles or

emergencies.

13.All UAS will be equipped with enhanced failsafe (return-to-home) technology.

14.No UAS operations will present any national security issue.

15.All UAS operations will be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UAS and/or debris in the event of an accident. If a

nonparticipating person is within 500 feet of a UAS and is not within such

protection, all UAS operations will cease.

b. The owner/controller of any vessels, vehicles, or structures has granted

permission for operating closer to 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.

16.Petitioner will obtain an Air Traffic Organization issued Certificate of Waiver or

Authorization (“COA”) prior to conducting any operations under its grant of

exemption that exceed the requirements of the “blanket” COA to be granted in

connection with any grant of exemption received. In fulfilling the requirements of

the COA, Petitioner may be required to request a Notice to Airmen (“NOTAM”) not

more than 72 hours in advance, but not less than 48 hours prior to operation.

Petitioner proposes that the exemption requested herein apply to the Skywalker X-8 and

Tarot X-6 UAS that have the characteristics and that operate with the limitations listed

above. The described limitations provide for at least an equivalent or higher level of safety

under the Act because the proposed operations represent a safety enhancement when

compared to the operations conducted with conventional aircraft (fixed wing or

helicopter) which have a crew, passengers, flammable fuel, and are significantly larger in

proportion.

Public Interest

With respect to aerial data collection, current UAS technology reduces and/or eliminates

the risk of serious accidents and injuries associated with manned rotary and fixed winged

aircraft. To obtain the high resolution photography and video described herein, manned
aircraft carry a crew, passengers, and flammable fuel. Such aircraft weigh thousands of

pounds and create the risk of spillage and fire in the event of an accident. To achieve the

same operations, Petitioner is requesting to operate UAS that weigh less than 55 pounds

with payload, carry no fuel, emit no harmful emissions, and travel at slow speeds. Using

the herein described UAS rather than manned aircraft to achieve the same operations

would enhance safety. The enhanced safety from an approval of the requested exemption

would be in the public interest.

Petitioner is seeking to use recent advancements in UAS technology for the good of

various industries including the Agriculture, Forestry, Wildlife Management, Real Estate,

Construction and Building Inspection Industries. These industries as well as the general

public benefit from the data acquired through the use of the UAS.

Requested Exemptions

Petitioner respectfully requests relief from the following regulations and any additional

rules or regulations the FAA deems applicable to Petitioner’s UAS operations.

14 C.F.R. Part 21

Prescribes, in pertinent part, the procedural requirements for issuing and changing design

approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Petitioner’s UAS are less than 55 pounds fully loaded, carry neither pilot nor passengers;

carry no explosive materials or flammable liquid fuels; and operate exclusively within a

secured area. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the operator and visual observer.

The Act and Section 333 both authorize the FAA to exempt aircraft from the requirement

of an airworthiness certificate upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular UAS.

Application of these criteria to Petitioner’s UAS, demonstrate there is no credible threat

to national security posed by the UAS.

For this reason, It is clear that Petitioner’s UAS may be operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed in a manner

as safe or safer than a conventional aircraft operating with an airworthiness certificate

without the conditions and limitations proposed herein.

14 C.F.R. 61.133(a)

Sets forth privileges for persons holding commercial pilot certificates, including a

provision that limits the ability to act as PIC of an aircraft for compensation or hire to

persons holding a commercial pilot certificate.
Under a granted exemption request, the PIC will hold at least a recreational or sport pilot

certificate and a third-class medical certificate or a valid U.S. Driver’s License. Prior to

operating as a PIC for an official mission, the PIC will have documented at least 25 hours

of total time as a UAS rotorcraft or fixed wing pilot and at least 10 hours as a UAS pilot of a

similar UAS type. Additionally, PIC will have logged at least 5 hours in the make and model

of Petitioner’s UAS.The PIC’s flight training will involve at a minimum take offs and

landings, hovering, evasive & emergency maneuvers, mock mission flights, and ground

control operations in order to insure that the PIC will be fully aware of the capabilities of

the UAS.

Additionally, while the UAS will be operated in connection with Petitioner’s business, no

passengers or cargo will be transported. Petitioner believes these factors warrant relief

from 61.133(a), 61.113 (a) and (b), 61.23(a) and (c), 61.101(e)(4) and (5), and 61.315(a).

14 C.F.R. 61.113(a) and (b)

Prescribes that “no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire;

nor may that person, for compensation or hire, act as pilot in command of an aircraft,” and

that “a private pilot may, for compensation or hire, act as pilot in command of an aircraft in

connection with any business or employment if (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.”

61.23(a) and (c)

Sets forth requirements relating to pilots and medical certificates for certain operations.

61.101(e)(4) and (5)

Prescribes in relevant part that a pilot holding recreational pilot privileges may not act as

pilot in command of an aircraft for compensation or hire.

61.315(a)

Provides that the holder of a sport pilot certificate may act as a pilot in command of a

light-sport aircraft.

91.7

Prohibits the operation of an aircraft without an airworthiness certificate As no such

certificate will be applicable,should this exemption be granted, this regulation is

inapplicable.

91.121
The regulation requires, in pertinent part, that aircraft shall maintain cruising altitudes by

reference to an altimeter setting available within 100 nautical miles of the aircraft.

Petitioner’s UAS will always fly below 400 feet AGL and will not need to maintain cruising

altitudes in order to prevent conflict with other aircraft. An AGL altimeter measurement

above the takeoff point is transmitted via radio from the UAS on-board computer to the

display screen held by the PIC, providing a constantly updated AGL readout.

91.151(a)(1)

The regulation prescribes, in pertinent part, that “(a) No person may begin 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.

Petitioner will operate UAS until the earlier of a maximum of forty-five (45) minutes or

when 25% of battery remains. All UAS are additionally equipped with a low battery

failsafe that allow the UAS to safely land when little battery remains. The UAS are not

propelled by fuel and will operate only within the safety constraints of the UAS battery

life.

91.405(a), 91.407(a)(1), 91.409(a)(1) and(2), 91.417(a) and (b)

These regulations collectively specify regulations for the maintenance, repair, and

inspection of manned aircraft that are issued airworthiness certificates.

Petitioner will comply with safety and maintenance procedures included in all UAS

manufacturer’s instructions and operating manuals. If necessary, Petitioner will develop

and document additional maintenance protocols to ensure the highest level of safety.

Therefore, Petitioner’s exemption from 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and

91.417(a) and (b) is warranted.

Conclusion

This exemption request demonstrates the appropriate safeguards and criteria that

Congress articulated in Section 333 including weight, speed, operating capabilities,

proximity to airports and populated areas, operation within VLOS and national security

concerns.The requested exemption should be granted because operation of the proposed

UAS(Skywalker X-8 and Tarot X-6) pursuant to the strict conditions outlined herein will

provide an equivalent level of safety as Congress intended. Moreover, using the herein

described UAS rather than manned aircraft to achieve the same operations would

enhance safety. The enhanced safety from an approval of the requested exemption would

be in the public interest. We appreciate your prompt consideration of our requested