October 1, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and specified parts under 14 CFR,

the Federal Aviation Regulations

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, Circa3, an operator of Unmanned Aircraft Systems (“UASs”) for aerial image acquisition including

but not limited to, the following industries: motion picture and television, real estate, short range inspection,

mapping & survey, search & rescue, hereby applies for an exemption from the Federal Aviation Regulations

(“FARs”) to allow commercial operation of its UASs.

On or about July 2, 2015, the FAA granted exemptions to seven hundred thirty­three UAS operators. It is in

good faith and without consul that this exemption request will follow the same outline of the exemptions

granted for the same general intents and purposes to commercially operate UASs.

This application is submitted by:

Company: Circa3 LLC

Primary Partner: Tyler Cahoon

Address: 2314 Washington Blvd

Ogden UT, 84401

Phone: 801­987­0001

Email: tyler@circa3.com

Circa3 LLC's requested exemption would permit the operation of UAS under controlled and secure

conditions that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater

safety in connection with aircraft operations. As established by the exemptions already granted by the FAA,

approval of Circa3, LLC's exemption would enhance safety and fulfill the Secretary of Transportation’s (the

FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft

systems in the national airspace system.” Section 333(c) of the Reform Act.
Regulations from which the exemption is requested:

● 14 CFR 21

● 14 CFR 45.23(b)

● 14 CFR 45.27

● 14 CFR 45.29

● 14 CFR 61.113(a) and (b) 14 CFR 91.9 (b)(2)

● 14 CFR 91.103

● 14 CFR 91.109

● 14 CFR 91.119

● 14 CFR 91.121

● 14 CFR 91.151(a) 14 CFR 91.203

● 14 CFR 91.205

● 14 CFR 91.215

● 14 CFR 91.405 (a)

● 14 CFR 91.407 (a)(1)

● 14 CFR 91.409 (a)(2)

● 14 CFR 91.417(a) & (b)

● 14 CFR 91.715

UASs operated by Circa3 LLC weigh less than 55 pounds, including the payload (i.e. camera, lens, and

gimbal). Thdey operate at speeds of no more than 50 knots, can hover, and can simultaneously move

vertically and horizontally. Circa3 LLC will only operate its UASs in line of sight operations. Such operations

will insure that the UAS will “not create a hazard to users of the national airspace system or the public.”

Given the small size of Circa3’s UASs and the restricted secure environment within which they will operate,

Circa3 UAS operations adhere to the Reform Act’s safety requirements.

Additionally, due to the size of the UASs, permission from relevant property owners or other applicable

parties, and the limited areas in which they will operate, 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, Circa3 respectfully

requests that the FAA grant the requested exemption.
Aircraft and Equivalent Level Of Safety

The operating limitations proposed by Circa3 provide for at least an equivalent or higher level of safety

because operations further enhance safety of aerial image collection using conventional aircraft.

The limitations and conditions include:

● The UAS will weigh less than 55 pounds..

● Flights will be operated within line of sight of a pilot and/or observer.

● Maximum flight time for each operational flight will be no more than 30 minutes.

● Flights will be terminated at no less than 30% battery power reserve

● Flights will be operated at an altitude below 400 feet AGL, and not more than 200 feet above an

elevated platform from which filming is planned.

● Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the Camera

Operator.

● A UAS pilot will be Pilot in Command (PIC). A briefing will be conducted for planned UAS operations

prior to each day’s flight. All personnel performing duties within the boundaries of the safety

perimeter are required to attend. The Pilot and observer must be trained in UAS operations. The

Observer and pilot will be in communications at all times.

● All appropriate permissions and permits will be obtained from territorial, state, county, or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

● If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return

to a predetermined location within the secure perimeter and land.

● The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

14 CFR 21: Certification Procedures For Products and Parts

This regulation is designed for manned aircraft. It is not suitable for off – the ­ shelf or production UAS. All

parts come from the manufacturer. Substantive replacement parts (i.e. motors, propeller blades, radio

transmitters, etc.) also come from the manufacturer or an authorized vendor with approved aftermarket

components and will ensure correct equipment is used to replace substantive parts of the UAS craft.

14 CFR 45.23(b): Display of Marks; general

Normally, a small decal or sticker label with non­standard alphanumeric markings (as mentioned in 14 CFR

45.29) should be able to be affixed the UAS in some location. However, if unable to affix some kind of label

with the vehicle’s registration number on it, other identifiable numbers will be used from the craft, such as

manufacturer’s serial number and/or a designated vehicle number from the operator, Circa3. that can be

used to cross reference the UAS to the registration number as assigned by the FAA. A cross reference of

said numbers will be documented by the operator and available in the operator’s private records.

14 CFR 45.27: Location of marks; non fixed­wing aircraft

Specifically, §45.27(a) states that for Rotorcraft: Each operator of a rotorcraft must display on that rotorcraft

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.Because this

is neither a passenger rotorcraft nor contains a cabin, book, or tail in the traditional sense, displaying any

type of registration marking cannot be accomplished. Therefore, the next best location will be used to place

the UAS aircraft registration number, this will be determined by the operator to ensure balance, mechanical
motion, and radio/GPS signal Reception is not hindered. As guidance, a typical ideal location may be the

booms for the motor arms or on the landing gear assembly.

14 CFR 45.29: Size of Marks

There will be insufficient space to display aircraft registration numbers on this type of UAS and make it

visible as required by this section. A smaller decal or sticker label with non­standard alphanumeric markings

will be affixed to the UAS in some location in order to identify the craft.

14 CFR 61.113(a) and (b): Private Pilot Privileges and Limitations:

Sections 61.113 (a) and (b) limit private pilots to non­commercial 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 Pilot in Command (PIC) operating the aircraft to have a private pilot’s license

rather than a commercial pilot’s license to operate aUAS. Unlike a conventional manned aircraft, a UAS is

remotely controlled by a ground­based operator. The 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 associated with commercial operations

contemplated by Part 61 allowing UAS use by a sport pilot as the PIC exceeds the present level of safety

sought by 14 CFR 61.113 (a) and (b).

14 CFR 91.9: (b)(2)

The need to have an aircraft manual onboard does not apply. UAS aircraft information manuals will be kept

by the operator.

14 CFR 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, landing and takeoff distances, and aircraft performance data before commencement of flight.

14 CFR 91.109: Flight instruction; Simulated instrument flight and certain flight tests

At times, it will be necessary to certify and/or recertify other UAS operators in an instructional setting. There

will be no persons onboard the UAS.

Also, on the ground, only a single UAS transceiver controller will be monitored by the person giving

instruction to the current UAS PIC receiving instruction and piloting the UAS craft.

14 CFR 91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil 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:

(c) 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 Circa3 requests authority to operate at altitudes no higher than 400 AGL, and not more than 200

above an elevated platform from which filming is planned, an exemption is needed to allow such operations.

It may, however, be operated in a restricted area within a security perimeter, where buildings and people will

not be exposed to operations without their pre­obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the

location where it is operated. No flight will be taken without the permission of property owners or local

officials. Because of the advance notice to the property owners and participants in the filming activity, all

affected individuals will be informed of the planned flight operations. Compared to flight operations for

manned aircraft and the lack of flammable fuel, any risk associated with the proposed UAS operations is far

less than conventional aircraft operating at or below 500 AGL. In addition, the low­altitude operations of the

UAS will ensure separation between a UAS and conventional aircraft.

14 CFR 91.121: Altimeter Settings

Section 91.121 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 a UAS may not have a barometric altimeter, but instead a GPS altitude data, an

exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant to the PreFlight inspection and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 CFR. 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 for at least 30 minutes . .

. .”

The typical battery powering the Circa3’s UASs provides less than 30 minutes of powered flight. To meet the

30­minute reserve requirement in 14 CFR §91.151, UAS flight would not be possible. Given the limitations

on the UAS’s proposed flight area and its proposed operations within a predetermined location, a longer

time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating the UASs in a tightly

controlled area where only people, property owners, or official representatives will be allowed, less than 30

minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to address.

Circa3 believes that safety can be achieved by limiting flights to 30 minutes or 30% of battery power,

whichever occurs first. This restriction would be more than adequate to return the UAS to its pre­determined

landing zone from anywhere in its limited operating area.

14 CFR 91.203 (a) and (b), and 91.715 Airworthiness Certificates

Section 91.203(a) prohibits, in pertinent parts, any person from operating a civil aircraft unless it has within

it:

(1) An appropriate and current airworthiness certificate; and

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the

second copy of the Aircraft Registration Application as provided for in § 47.31(c).

Section 91.203(b) prescribes, in pertinent parts, that no person may operate a civil aircraft unless the

airworthiness certificate 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. A UAS has no certificate nor does it have a

cockpit door. Circa3 is requesting an exemption from 91.203 (a) and (b), and also 91.715

14 CFR 91.205 (b): Powered civil aircraft with standard category U.S. airworthiness certificates:

Instrument and equipment requirements

Section 91.205 pertains to cockpit instruments for manned aircraft occupied by at least one pilot. This is not

applicable to UAS. However, to ensure an equivalent level of safety and information, transmitted telemetry

will be sent to the PIC and displayed on a video screen indicating various parameters including, but not

limited to, GPS altitude, GPS signal, battery power remaining, time in flight, UAS ground speed, etc

14 CFR 91.215: ATC transponder and altitude reporting equipment and use

The UAS craft will have insufficient useful load and power supply to operate a transponder. Furthermore,

operations offered by the blanket COA will occur below ATC radar coverage. To ensure an equivalent level

of safety, when operations exist within 3 miles of a public airport, the operator will notify the local airport or

ATC facility to advise them of the operation. If operations exist in an area not covered by the blanket COA,

then a specific COA for that operation will be obtained by the local FSDO and specific case­by­case

coordination with ATC will be made for the UAS flight.

14 CFR 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 only to aircraft with an airworthiness certificate, these sections

will not apply to Circa3 operations. Maintenance will be accomplished by the operator. An equivalent level of

safety will be achieved because the UASs are limited in size, will carry a small payload and operate only in

restricted areas for limited periods of time. 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 flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover,

the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition.

Summary

Circa3 will adhere to all outlined safety precautions. The unit itself weighs fewer than 55 pounds and

powered by batteries that eliminates virtually all of that risk given the small size and lack of fuel. 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 within visual line of sight and national security)

provide more than adequate justification to grant Circa3 requested exemption, allowing for Circa3 UAS

operations.

Sincerely,

Tyler Cahoon, Primary Partner

Circa3 LLC