US Department of Transportation Exemption Request Pursuant to S ection 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

July 18, 2015

EMMU LLC Dave Albert Crago 1579 Outrigger Circle Rockledge, Florida 32955

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

Re: Revised Exemption Request for FAA Docket FAA-2015-3005-0001 Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulati ons from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act ” ) and
14 CFR Part 11, EMMU LLC , an operator of Unmanned Aircraft Systems (UAS), hereby applie s for an exemption from the listed Federal Aviation Regulations ( “ FARs ” ) to allow commercial operation of designated UAS, provided such operations are condu cted within and under the conditions outlined herein to or as may be established by the F AA as required by Section 333.

Thank you in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) gimbals and sensors, would provide professional services in the followi ng areas:

1. Aerial inspection, photography and video for real estate, ar chitecture, land surveying, commercial utility infrastructure, yachts and other related professional a ctivities.

2. Aerial video and photography for television, outdoor sportin g events, public events, cinematography and news gathering.

3. Aerial video and photography to assist with search and rescu e operations in cases of an emergency or natural disaster only when the local authorities or governme nt has requested it by contract or

donation.

4. Training to persons individually or belonging to both privat e and/or public organizations to increase awareness and improve safety for current and future UA S operations within the NAS.

As described fully below, the requested exemption would permit the operation of designated UAS as

set forth in this document under controlled conditions in the N AS that would be a) limited b)controlled c) predetermined and d) safe. Approval of this exemp tion would increase public awareness of UAS operations and enhance safety to aid in fulfilling the S ecretary of Transportation ’ s (the FAA

Administrator ’ s) responsibilities to “ ....establish requirements for the safe operation of such aircr aft systems in the national airspace system. ”

The name and address of the applicant is:

EMMU LLC Attn: Dave Albert Crago, Email: cragod1@gmail.com Address: 1579 Outrigger Circle Rockledge, Florida 32955

Ph: 407 690-8319

Regulations from which the exemption is requested:

61.113(a) & (b) 91.7 (a)

91.103 91.119(c)

91.121 91.151(a) 91.203(a) & (b) 91.405(a) 91.407(a)(1) 91.409 (a)(1) & (2) 91.417(a)&(b)

This exemption application is expressly submitted to fulfill Co ngress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary o f Transportation to consider whether certain unmanned aircraft systems may operate safely in the nat ional 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 typ es of UAS do not create a hazard to users of the NAS or the public or pose a threat to national sec urity in light of the following:

The UAS's size, weight, speed, and operational capability Operation of the UAS in close proximity to airports and populat ed areas Operation of the UAS within visual line of sight of the operato r

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicle s "may operate safely in the national airspace system, the Secretary shall establish require ments for the safe operation of such aircraft in the national airspace system." Id. § 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 th e term is defined under § 40101 of the Act, and UASs from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a re quirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 447 02-44716 of this title if theAdministrator 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).

Such operations will insure that the UAS will not create a haza rd to users of the national airspace system or the public. Given the small size of EMMU LLC UASs and the environment within which they will operate, EMMU LLC UAS operations adhere to the Reform Act's safety requirements. Additionally, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations , and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, EMMU LLC respectfully requests that the FAA grant the requested exemption without delay.

Dave Albert Crago, DBA “ EMMU LLC ” is comprised of members with the equivalent of a FAA Private Certificate or higher and past military and government agency UAS operations experience adding an additional layer of high regard for safe operations a s well as the necessary high-level of understanding of the NAS and FARs and will operate one or more of the following model UAS:

DJI Phantom 3 Professional DJI Spreading Wings S8OO EVO DJI Spreading Wings SlOOO DJI Inspire 1

The Phantom 3 is a highly successf ul consumer grade UAS Quadcop ter designed to carry a high definition (HD) camera powered by four electric motors. It util izes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global p ositioning system (GPS) to maintain its geospatial orientation and position. It is control led primarily through an FCC certified radio control (RC) unit. Real time video and telemetry informat ion is transmitted back to a ground control station allowing the operator and/or PIC to monitor bat tery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the on board flight controller system and maximum altitude can be preprogrammed by the PIC. The flight controller/ipad will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing w ill be initiated when the battery reaches a predetermined low state.

The Spreading Wings S800 EVO is a new generation of hex-rotor p latform designed for professional aerial photography. Amongst other design features, it has a str engthened and rigid frame structure, strong and stable power system and also an efficient and abunda nt power reserve, all of these features make the S800 EVO a perfect choice for commercial and industria l AP applications. The S800 EVO is a new generation of hex-rotor platform designed for professi onal aerial photography. Amongst other design features, it has a strengthened and rigid frame st ructure, strong and stable power system and also an efficient and abundant power reserve, all of these features make the S800 EVO a perfect choice for commercial and industrial AP applications.

The Spreading Wings SlOOO is a UAS octocopter designed for professional aerial photograph y and cinematography. It is user friendly, safe, stabilized and easy to fly while its integrated design makes assembly and configuration simple and fast. Retractable landing gear, vibration dampers, small frame arm incline and minimalized gimbal mount allows for a clear 360 degree view from the camera. Anintegrated power hub with patented coaxial connectors, built-in high-speed ESCs and motors with high efficiency propellers ensure dynamic stability and maximiz ed power efficiency. Used with a professional DJI multi-rotor autopilot system, the S1000 can ho ver and fly reliably making it ideal for photography and cinematography. Combined with a DJI flight controllers, it is guaranteed to

remain stable even with the loss of a rotor.

The Inspire 1 is UAS quadcopter capable of capturing 4K video a nd transmitting an HD video signal. The Inspire 1 is equipped with retractable landing gear, it can capture an unobstructed 360 degree

view from its camera. It utilizes an internal inertial measurin g unit (IMU) with integrated barometric sensor augmented with global pos itioning system (GPS) to mainta in its geospatial orientation and position. It is controlled primarily through an FCC certified r adio control (RC) unit. Real time video and telemetry information is transmitted back to a ground contr ol station allowing the operator and/or PIC to monitor battery level, G PS signal strength, altitude (AG L), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of ope ration for either loss of RC or GPS signal. Altitude can be limited by the on board flight controll er system and maximum altitude can be preprogrammed by the PIC. The flight controller/ipad will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state

.

Given the small size of the UAS in scope and the controlled env ironment provided, the proposed operations will adhere to the Reform Act ’ s safety requirements. The approval of this application presents no national security issues. Regarding the level of sa fety surrounding the proposed operations and the public benefit, reduction in environmental i mpacts, including but not limited to reduced emissions and noise, the grant of the requested exempti on is in the public interest. Accordingly, the applicant graciously requests that the FAA gra nt the requested exemption.

All UAS operations con ducted by EMMU LLC will:

• Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• Operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Only operate its UAS in line of sight of the operator (PIC).

• Limit each operational flight to 30 minutes or less. Flights w ill be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

• Operated at an altitude of no more than 400 feet AGL.

• Be operated by a FAA licensed airman with at least a private p ilot's certificate and third class

medical or a valid U.S. driver ’ s license issued by a state, the District of Columbia, Puerto R ico, a territory, a possession, or the Federal government.

• Be operated at a lateral distance of at least 100 feet from an y inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.• Require operators (PIC) to check for any Temporary Flight Rest rictions (TFR) by calling 1800 WX Brief and a current sectional chart for the area of operation t o make sure they will not violate National Airspace System (NAS).

• Have the capability to return to a pre-determined location if the UAS loses communications or loses its GPS signal

• Have the ability to communicate if needed by Radio or Phone. O perators (PIC) during all UAS operation have the local Flight Standards District Offices (FSD O) and the closest airport control towers phone number and frequency.

• Be entered and tracked in our aircraft management software. Th e software tracks all of the components of the UAS as well as flight time for the UAS and pi lot. It will not allow maintenance to be overflown, thereby enhancing t he safety of the program.

DISCUSSION OF EXCEPTIONS REQUESTED

14 C.F.R. § 61.113{a) and (b): Private Pilot Privileges and limitations: P ilot in Command

Sections 61.113 (a) and {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 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 a small UAS. Unlike a conventional manned aircraft, a UAS is remotely contro lled by a ground-based Operator. The operational area is controlled and restricted, and all flig hts are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risk s associated with the use of a UAS are so diminished from the level of risk associated with commercial op erations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the pres ent level of safety sought by 14

C.F.R. § 61.113 (a) and (b).

14 C.F.R. § 91.7 (a) Civil aircraft airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Since no FAA regulatory standar d exists for determining airwort hiness of the UAS, the regulation will need an exemption. EMMU LLC compliance with our operating documents will be sufficient means for determining an airworthy condition.

14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an airc raft before flight to insure the safety of flight.

As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will ta ke all actions, including reviewing weather, flight battery requirements, Notices to Airmen (NOT AM ), landing and takeoff distances, and aircraft performance data before commencement of flight.14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civi l aircraft. Section 91.119 provides, in pertinent part, that:

" ... except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: .....

(b) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure."

Because EMMU LLC requests authority to operate at altitudes only up to 400 AGL, an exemption is needed to allow such operations.

14 C.F.R. § 91.121 Altimeter Settings This regulation requires each person operating an aircraft to m aintain 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 UAS may not have a barometric altimeter, but instead a G PS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved b y the operator, pursuant to the safety check list and live flight data monitoring, confirming the alti tude 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, to fly after that far at least 30 minutes; or (2} At night, to fly after that for at least 45 minutes."

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR § 91.151, UAS flights would be limiting factor. Given the limitations on the UAS on exemption may be needed.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and R egistration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate o civil aircraft unless it has within it the following: {1} on appropriate and current airworthiness certificate.{b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 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 UAS fully loaded weigh is no more than 55lbs and is operate d without an on board pilot. As such, there is no ability or place to carry certification and r egistration documents or to display them on the UASs. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the controller (PIC) of the UAS will have immediate access to them, to the extent they are applicable to 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 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 ot hers shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft wit h an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be a ccomplished by the operator pursuant to the flight manual and operating handbook. An equivalent leve l of safety will be achieved because these UAS are very limited in size and will carry a small paylo ad. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating fli ght, perform required maintenance, and keep a log book of any maintenance performed as well as track a ll flight hours. The operator is the person most familiar with the aircraft and best suited to maint ain the aircraft in an airworthy condition to provide the equivalent level of safety. An equival ent level of safety will be achieved because maintenance and inspections will be performed in accord ance with the UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As pro vided in the Operations Manual, the operator will ensure that the UAS is in working order prior to initiating flight and perform required

maintenance needed.

SUMMARY FOR PUBLICATION

EMMU LLC seeks an exemption from the following rules:

14 CFR 61.113(a) & (b); 91.7 (a); 91.103;91.119(c); 91.121; 91. 151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) &(b).

To operate commercially small unmanned aircraft systems (55lbs or less) for aerial inspection, photography and video for real estate, architecture, land surve ying, commercial utility infrastructure, yachts and other related professional activities; aerial video and photography for television, outdoor sporting events, public events, cinematography and news gatheri ng; aerial video and photography to assist with search and rescue operations in cases of an emergen cy or natural disaster only when the local authorities or government has requested it by contract or donation; training to persons individually or belonging to both private and/or public organiz ations to increase awareness and improve safety for current and future UAS operations within the NAS.Approval of exemptions allowing UASs commercial operations in t he areas list above will enhance safety by reducing risk. A UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of c ombustible fuel carried on board traditional aircraft performing the same function. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with ma nned aircraft flights. The operation of small UAS conducted in the strict conditions outlined above, wi ll provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operat ions. These UASs operate at very slow speeds, close to the ground, as a result, are far safer th an conventional operations conducted with turbine helicopters operating in close proximity to the gr ound and people.

Privacy All flights will occur over private or controlled areas with th e property owner's prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place. Satisfaction of t he 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 se curity) provide more than adequate justification to grant EMMU LLC requested exemption.

If you have any questions or need any additional information, p lease contact me at 407 690-8319 cragod1@gmail.com

Sincerely,

EMMU LLC

Dave Crago Managing Member