FAA Exemption Rulemaking

Section 333
Of The FAA Reform Act and Part 11 Prepared by

Mariela Romero
June 11, 2015 14274 Eastwick Ct. Frisco, TX 75035

469

- 207

- 5238 | Mariela@LMTexasHomes.comAttention: United States Secretary of Transportation Mr. Anthony R. Foxx 1200 New Jersey Ave., SE Washington, DC 20590

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

t he Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a); 91.409 (a) (2); 91.417 (a) & (b)

Dear Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act ) and 14 CFR Part 11, Argento, LLC., a Texas Limited Liability Corporation, real estate service, and operator of Unmanned

Aircraft Systems (“ UASs ”) equipped to conduct aerial photography and videography for the education of real estat e professionals and re al estate marketing purposes, hereby applies f or an exemption from the listed Federal Aviation Regulations (“FARs”) to al low commercial operation of its

UASs , so long as such operations are conducted within and under the

conditions outlined herein or as ma y be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of UAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. Ap proval of this exemption would thereby fulfill the Sec retary of Transportation’s (the responsibilities to “...establish requirements for the safe operation of such aircraft systems in the nat ional airspace system.” Section 333 (c) of the

Reform Act.

The n ame and address of the applicant is: Argento, LLC

Attn: Mariela Romero

Phone: 4 69

- 207

- 5238

Email: Mariela @ LMTexasHomes .com Address: 1 4274 Eastwick Ct. Frisco, TX 75035Regulations from which the exemption is requested: 14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.103

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b)
14 CFR 91.405 (a)
14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)This exemption application is expressly submitted to fulfill Congress’ goal

in passing Section 333 (a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider whether certain unmanned aircraft

systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UA S’s size, weight, speed, and operational capability:

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

• Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot

and Observers.

Reform Act §333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333 (c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes e xempting civil aircraft, as the term is defined under §40101 of the Act; that includes UASs

, from the requirement that all civil aircr aft must have a current airworthiness
certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any

sect ions 44702

- 44716 of this title if the Administrator finds the e xemption in the public interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

Argento , LLC currently operates a DJI Phantom 3, a highly successful consumer grade UAS Quadcopter designed to carry a high definition (HD) camera powered by four electric motors. It utilize

, an internal inertia measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPD) to maintain its geospatia l orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery lever, GP S signal strength al titude (ALG), distance from PIC. The fight controller/ipad will warn the pilot via telemetry and external lightingcues before reaching a low battery reaches a predetermined low battery

state.

UAS operation conducted by Argento, LLC wi ll:

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

• 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 (PI C)

• Limit each operation fight to 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to

the 30 minute limit.

• Operated at an altitude of no more than 200 feet AGL

, though most operations will be conducted with in 50 feet AGL

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

• Be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

• Minimum two (2) man crew for each sUAS operation will consist of the Pilot and Spotter / Observer. In most cases the third aircrew member will serve as the Safety Of ficer

• Have the capability to return to a pre

- determined location if the UAS loses communications or loses its GPS signal

Given the small size and weight of the UAS involved and the restricted sterile environment within which they will operate, the applica nt falls squarely within that zone safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the

UASs and the areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety, surrounding the proposed operations, and significant public benefit, including enhanced safety, reduction in environmental impact, including

reduced emissions associated with allowing UASs for educational andmarketing operations, (as opposed to full scal e aircraft), the granting of the requested exemptions is in the public inter est. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Exceptions Requested

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

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 curre nt 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 controlled by a ground

- based Operator. Th e operational area is controlled and restricted, and all flights 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 risks associated with the
use of a UAS are so diminished from the level of risk assoc iated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present 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 standard exists for determining airworthiness of the UAS, the regulation will need an exempt ion. Argento , 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 aircraft 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 take all actions, including reviewing weather, flight battery requirements, Noti ces 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 civil aircraft. Section 91.119 pro vides, 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 wate r or sparsely populated areas. In those cases, the aircraft may not beoperated closer than 500 feet to any person, vessel, vehicle, or structure."

Because Argento , LLC requests authority to operate at altitudes only up to

2 00 AGL, an exemption is needed t o allow such operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person op erating an aircraft to maintain cruising altitude by reference to an altimeter that is set: " ... to the elevation of the departure airport or an appropr iate altimeter setting available before departure."

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the 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 fro m 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 t ha t far at least 30minutes; 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, sUAS 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 Registration

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 o civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a sp ecial 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 55 lbs and is operated without an on board pilot. As such, there is no a bility or place to carry certifica tion and registration 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 immediat e

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 pr escribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or
maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and ope rating handbook. An equivalent level of safety will be achieved because these UAS are very limited in size and will carry a small payload. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 2 00 feet AGL. The o perator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log book of any maintenance performed as well as track all flight hours. The operator is the person most familiar with the

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in

accordance with the UAS Manufacturer's Man ual, as referenced in the

Aircraft Operations Manual. As provided 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

Argento , 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 oper ate commercially sUASs in real estate photography/videography

, pri vate event photography/videography, land surveying, yacht photography

, motion picture and television

, industry and search operations. Approval of exemptions allowing UASs commercial operations

in the 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 combustible fuel carried on board traditional aircraft performing the same function. The UAS will carry no

passengers or crew and, therefore, wi ll not expose them to the risksassociated with manned aircraft flights. The operation of small UAS conducted in the strict conditions outlined above, will provide an equivalent level of safety support ing the grant of the exemptions

requ ested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These UASs operate at very slow speeds, close to the ground, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy All flights will occur over private or con trolled areas with the property owner's prior consent and knowledge. Fil ming 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 the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities,
proximity to airports and populated areas and operation with in visual line of sight and national security) provide more than adequate justification to

grant Argento , LLC requested exemption.

Sincerely,

Mariela Romero
Partner, Argento
14274 Eastwick Ct
Frisco, TX 75035

469

- 207

- 5238