### October 30, 20 15 U.S. Department

of Transportation Docket Management System 1200 New Jer
s ey Ave., SE Washington,

DC 20590 Re

: Petit

i on of Spectrum
Ae ri al & 

### Photography Serv

i ces for an Exemption Pursuant

to Section 333 of the FAA Modernization

and R e form Act of 2012 Director: Flight Standards Service

: Pursuant

to Section 333 of the FAA Modernization

and Reform Act of 2012 ("Reform Act") and I 4 C

. F.R

. Part

I I, Spectrum Aerial

& 

### Photography Services ("Spectrum Aerial") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below
to allow commercial operation

of small unmanned aerial vehicles (i.e., 

### "small unmanned aircraft"

or "UAS") for the purpose
of conducting aerial photography, videography, property mapping, and inspection

for the real estate industry

. This petition for exemption

is made based on information outlined

in this Petition for Exemption, as well as the accompanying Spectrum Aerial documents; I. 

### PIC Flight Operations Manual and; 2. Operations Manuals (Collectively

2 and
3 are referred

to as Documents

& 

### Manuals") 3. User Guide and; 4. 

### Flight Manual' (Collectively

3 and 

### 4 are referred

to as "Manufacturer's Manuals")

. Spectrum Aerial submits these supporting materials

as confidential documents pursuant

to 14 

### C.F.R.

§ 

### 11.35(b),

as the materials contain confidential commercial and/or proprietary information
that Spectrum Aerial has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not gen
e rally available

to the public and are protected from release under the Freedom

of Information
Act

, 

### 5 U.S

. C

. § 

### 552 et. seq. For your convenience,

this Petition

is organized

as follows: 

### I. 

### Description

of Petitioner 1 • The tenn "M a nufacturer's Manual"

al s o includes
all relevant manufacturer publication

s, including,
but not

l i mited to: operation

s and flight manuals

, u s er guides, component maintenance manuals, pilot training manuals,

s ervice information letters and, safety/servic

e bulletins.U

. S Department

of Transportation October 30, 20 15 Page2 Vl. VII. VIII. IX. X. I. II. Description

of Proposed Operations A. Aerial Photography, Videography, Properly Mapping and Inspection III. Relevant Statutory Authority IV. Spectrum Aerial's Proposed UAS Operations Meet the Requirements

of Section 333 of the Reform Act A. Approval

is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability B. Approval

is Warranted Based on the Operational Restrictions
Set Forth
in the Operations Manuals V. Regulations From Which Exemption

is Requested A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates
and 14 C.F.R.

§ 91.203(a)(

I) B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R.
§§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification **Requirement~** D. 14 C.F.R.

§ 91.405(a), 91.407(a)(l), 91.409(a)(l)
and (2); 91.417(a) and (b): Maintenance Inspections E. 14 C.F.R. Part 61, 14 C.F.R.

§ 61.3, 14 C.F.R

. § 61.113: Private Pilot Privileges and Limitations F. 14 C.F.R.

§ 91

. 7(a)

: Civil Aircraft Airworthiness G. 14 C

. F.R.

§ 91

. 9(b)(2)

: Civil Aircraft Flight Manual

in the Aircraft and 14 C.F.R.

§ 91.203(a) and (b)

: Carrying Civil Aircraft Certification
and Registration H. 14 C.F.R.

§ 91.103: PrenightAction I. 14 C.F.R.

§ 91.109(a): Flight Instruction J. 14 C.F.R.

§ 91.119(c): Minimum Safe Altitudes K. 14 C.F.R.

§ 91.121: Altimeter Settings L. 14 C.F.R.

§ 91.151 (a): Fuel Requirements

for Flight
in VFR Conditions Drug and Alcohol Program Public Interest Privacy Federal Register Summary Conclusion DESCRIPTION

OF PETITIONER Spectrum Aerial

is based
in Plantation,
FL, working

in photography
and videography servicesU

. S Department

of Transportation October 30, 2015 Page

3 for the real estate industry. The Company specializes

in, and will continue

to focus on, the videography
and photography

of property and real estate for inspection and sales purposes

as well as property mapping. The Company's Principal

, Eric L. Igualada, has been flying UA V Quadcopters

as a hobby for more than two years without incident, spending hundreds

of hours flying. Upon the grant of the 333 Exemption
the Company's business will specialize

in real estate photography
and vidcography

of residential, commercial
and industrial properties
for the promotion

of properties
for sale and land development
and additionally
will offer services for property mapping and inspection. Spectrum Aerial

's staff are well trained and experienced

in providing support
as visual observers ("YO") for the pilot
in command ("PIC")

in addition

to any other needed on site assistance

. All of the equipment owned by Spectrum Aerial

is of the highest quality gear and has been able to provide these services safely and without any cJaims
or incident. Spectrum Aerial's goal
is to advise the perspective client that Spectrum Aerial

is following

all the applicable state and federal rules to ensure the safety of the public while providing
the client with

a competitive
and cost effective product. Spectrum Aerial seeks an exemption

to allow for photography, videography
and other related media products

. The contact information

for Petitioner

is as follows: Eric L. lgualada Spectrum Aerial
& Photography Services 6815 NW 1ih St. Plantation,

FL 33313 Phone

: 954 .8 68

. 9066

: Email

: Ericigualada@gmail.com II. DESCRIPTION

OF PROPOSED OPERATION Spectrum Aerial seeks an exemption pursuant

to Section 333 of the Reform Act to operate the DJI F550 and DJJ Spreadingwing S-800 (referred

to as SA-UAS) (under 551bs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions

on private property

or approved location where Spectrum Aerial has received verifiable permission

to operate from the landowner, controller

or authorized representative.
The proposed UAS operations will be conducted

in accordance with the conditions and limitations

of this Petition for Exemption and Spectrum Aerial's Operations Manuals.
As detailed

in Spectrum Aerial's Operations Manuals,

all UAS operations will be limited

to daytime VFR conditions, within visual line-of-sight ("VLOS")

of the operator,

in uncontrolled airspace, and will occur
at least

5 mm away from an airport reference point. Moreover, Spectrum Aerial's Operations Manuals incorporate redundant safeguards

to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo-fencing" technologies. A. Aerial Photography, Videography, Property Mapping and InspectionU.S Department

of Transportation October 30, 20 15 Page4 Spectrum Aerial seeks
to usc small SA-UAS
for the purpose
of conducting photography, videography, mapping and inspection services for the real estate industry. Spectrum Aerial has purposefully tailored
its operations

to meet the requirements established

by the FAA
in prior grants of exemption authorizing commercial
use of UAS
in the real estate industry, including

: • Trudeau, Realtor® (Exemption
No. 11138) • Alon Sicherman (Exemption
No. 11728) • Sokoler Medly (Exemption
No. 11341) All UAS photography
and videography operations will occur on private property

or approved location

in a controlled area away from spectators and persons not involved

in the recording process.

In addition, the tilming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved

in the manipulation
and operation

of the UAS; VFR conditions,

at altitudes below 400' above ground level ("AGL")

. As set forth below, Spectrum Aerial's operations provide
an equivalent level of safety which

is superior

to performing
the same work using conventional fixed-wing aircraft
or helicopters. Small UAS video production

is also safer than traditional manned aircraft performing

the same function. Videographer-inspectors

also frequently need to climb roof tops, trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls, electrocution

or other work related injuries.

In addition, depending

on the nature of the video needed and inspection, proximity

to equipment,
and other mechanical hazards associated with industrial sites and construction facilities often involves

a risk of exposure

to hazardous conditions. The use of SA-UAS mitigates these hazards and is ultimately

a much safer and cost efficient method
of perfonning these and most other types of inspections. Moreover, conventional operations using rotorcraft and tixed-wing aircraft

in low level operations present risks associated with vehicles weighing tens of thousands

of pounds (including payload) and carrying large amounts
of fuel which inherently presents significant
fire hazards

as well as exposure

to other chemical contaminates.

It is important

to note the use of small UAS in this area will not only be safer and more cost effective

to the perspective user or purchaser

of the service, but the quality and expanse
of acquired infonnation
will be far more robust given the low cost associated with its acquisition
and other potential consumers

an inexpensive product. UAS video production

is more reliable, and allows for the collection, dissemination,

and storage of visual and other sensory data with greater precision and duration

at a very low cost. Small UASs will also be capable
of accessing and inspecting areas that would otherwise

be inaccessible or highly dangerous using conventional aircraft
or other inspection methods

. III. RELEVANT STATUTORY AUTHORITY This Petition for Exemption

is submitted pursuant

to Section 333(a) through (c) of the FAA Modernization

and Reform Act of 2012 ("Refonn Act"). Congress has directed the FAA "to safely accelerate
the integration

of civil unmanned aircraft systems into the national airspace system." Pursuant

to Section 333 of the Refonn Act. the FAA Administrator

is to pennitU.S Department

of Transportation October 30, 20 15 Page5 unmanned aircraft systems

to operate

in the National Airspace Systems ("NAS") where

it is safe to do so based on the following considerations: • The UAS'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 the visual line of sight of the operator. Additionally,

the FAA Administrator

has general authority

to grant exemptions from the agency's safety regulations
and minimum standards when the Administrator decides

a requested exemption

is in the public interest See 49 U.S.C.

§ 106(t) (defining
the authority

of the **Administrator)~**

49 U.S.C

. § 4470l(t) (permitting exemptions from§§ 4470l(a),
(b) and §§ 44702- 44716,
et seq.).
A party requesting

an exemption must explain the reasons why the exemption:

(I) would benefit the public
as a whole, and (2) would not adversely affect safety (or how
it would provide

a level of safety
at least equal
to the existing rules). See 14 C.F.R.

§ 11.81 (petitions
for exemption). IV. SPECTRUM AERIAL'S PROPOSED SA-UAS OPERATIONS MEET THE REQUIREMENTS

OF SECTION 333 OF THE REFORM ACT The small SA-UAS operations proposed
by Spectrum Aerial
as noted above
in this Petition for Exemption qualify for expedited approval pursuant

to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied. A. Approval

is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability A Grant of Exemption

is appropriate

for operations conducted using the UASs due to their size weight, speed, and operational capability. • The SA-UAS utilized by Spectrum Aerial has been approved
for use in prior Section 333 Grants of Exemption from the FAA

. 2 • The SA-UAS weighs less than 55 pounds, including payload • The SA-UAS will not be flown
at a ground speed
in excess of 50 knots. The exemption holder may use either groundspeed

or calibrated airspeed

to determine compliance with the 50 knot speed restriction

. • Altitude information
will be generated

by equipment onboard the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter,

or any combination thereof. This information
will be transmitted

to the pilot via telemetric data feed. 2 See

e

. g., Grant of Exemption

to Trudeau

, Realtor® (Exemption
No. 11138

); Grant of Exemption

to Alon Sic herman (Exemption
No. 11728); Grant of Exemption

to Sokoler Medly (Exemption
No. 11341

) .U

. S Department

of Transportation October
30

, 2015 Page6

• The SA-UAS will have system redundancies

and independent functionality

to ensure the overall safety and predictability

of the system.

If connection

to the remote control
or ground control station

is lost, failsafe systems will permit the UAS to return
to a predetermined location and safely land without injury or damage. • The radio frequencies used for operations
and control of the SA-UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements.
The operating frequency
for the SA-UAS is 2.4 GHz frequency bands. If the same operations were conducted using

a helicopter,
the aircraft's take-off weight would likely exceed 6,000 pounds depending

on payload. The difference

in weight between the SAUAS and

a helicopter significantly reduces the potential harm to the participating
and nonparticipating individuals and/or surrounding property

in the event of an unintended accident

or incident.

In addition, the risk to the onboard pilot and camera operator

is eliminated

. B. Approval

is Warranted Based on the Operational Restrictions
Set Forth in Spectrum Aerial's Operations Manuals Spectrum Aerial's Operations Manuals and the Manufacturer's Manual for the selected SA-UAS will contain
all the procedures
and limitations necessary

to safely and successfully perform the operations specified

in this Petition for Exemption.

To assist the FAA in making

a safety assessment

of Spectrum Aerial's proposed operations, below

is a summary

of operational limitations
and conditions that Spectrum Aerial will adhere to, and which will ensure an equivalent

or higher level of safety
to operations conducted under current regulatory guidelines: I . The SA-UAS weighs Jess than 55 pounds, with payload. 2. All operations shall be conducted over private
or controlled-access property with verifiable permission from the land owner/controller

or authorized representative. Permission from land owner/controller

or authorized representative

will be obtained for each scheduled flight prior to operation. 3. All UAS operated under the Grant of Exemption 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. 4
. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in Command ("PIC")
of the SA-UAS

, and one or more Visual Observers ("Observer")

as necessary

to safely conduct the mission. 5. PICs shall possess either

a private, recreational,

or sport pilot certificate. The PIC must also hold

a current FAA airman medical certificate

or a valid
U

. S
. driver's license issued by a state, the District
of Columbia, Puerto Rico,

a territory,

a possession,

or the Federal government. The PIC will also meet the flight review requirements specified

in 14 C.F.R 61.56
in an aircraft

in which the PIC
is rated on his or her pilot certificate.U.S Department

of Transportation October 30, 2015 Page

7 6. The SA-UAS shall be operated within VLOS of the PIC and Observer

at all times. The PIC must usc human vision unaided
by any device other than corrective lenses, as specified

on the PIC's FAA-issued medical certilicate. 7 . The PIC and Observer designated

for any operation will be able to communicate verbally

at all times. 8. Electronic messaging

or texting will not be permitted during night operations. 9
. The additional requirements identified

in the Grant of Exemption shall be added
to the Spectrum Aerial's Operations Manuals

. The Operations Manuals will be maintained
and made available

to the Administrator upon request.

If a discrepancy exists between the conditions
and limitations

in the Grant of Exemption
and Spectrum Aerial's Operations Manuals,
the conditions
and limitations

in the Grant of Exemption shall take precedence
and must be followed. Otherwise, Spectrum Aerial shall follow the procedures outlined

in their Operations Manuals

. I 0
. Spectrum Aerial may update
or revise its Operations Manuals. Revisions will be tracked and

a revised copy of the Manual will be provided

to the Administrator upon requesL Spectrum Aerial will also present
an updated and revised Operations Manuals

if it petitions
for extension

or amendment

to its Grant of Exemption.

If an update
or revision would affect the basis upon which the FAA grants the exemption, Spectrum Aerial will seek an amendment

to its Grant of Exemption

. Spectrum Aerial will contact the FAA's UAS Integration Office (AFS-80)

if questions arise regarding updates
or revisions

to the operating documents. II. Spectrum Aerial Operations Manuals and its Grant of Exemption will be available

to the PIC at the ground control station anytime the SA-UAS

is operating. 12. The PIC is prohibited from beginning

a SA-UAS flight unless (considering wind and forecast weather conditions) there
is enough power
to fly to the first intended point of landing, and assuming normal cruising speed,
to fly after that for at least 10 minutes. 13. Maximum total flight time for each operational flight using the SA-UAS will be limited

to 40 minutes
or the amount
of time the UAS can be flown and still maintain

a reserve battery power of no less than 25%, whichever occurs first. 14. Flights will be operated

at an altitude
of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization

and approval from the FAA.
In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than

I 00 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure. 15. Flight operations must be conducted

at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees
or essential persons), vessels, vehicles, and structures unless:U.SDepartmentofTransportationOctober30,20I5Page8a.BarriersorstructuresarcpresentthatsufficientlyprotectnonparticipatingpersonsfromtheUAand/ordebrisintheeventofanaccident.Theoperatormustensurethatnonparticipatingpersonsremainundersuchprotection.Ifasituationariseswherenonparticipatingpersonsleavesuchprotectionandarewithin500feetoftheUA,nightoperationsmustceaseimmediatelyand/or;b.Theaircraflisoperatednearvessels,vehiclesorstructureswheretheowner/controllerofsuchvessels,vehiclesorstructureshasgrantedpermissionandthePIChasmadeasafetyassessmentoftheriskofoperatingclosertothoseobjectsanddeterminedthatitdoesnotpresentanunduehazard,and;c.OperationsnearertothePIC,YO,operatortraineesoressentialpersonsdonotpresentanunduehazardtothosepersonsper§91.119(a).16.TheSA-UASmaynotbeoperatedlessthan500feetbeloworlessthan2,000feethorizontallyfromacloudorwhenvisibilityislessthan3statutemilesfromthePIC.I7.TheSA-UASmaynotoperatewithin5nmofanairportreferencepointasdenotedonacurrentFAA-publishedaeronauticalchartunlessaletterofagreementwiththatairport'smanagementisobtained,andtheoperationisconductedinaccordancewithaNOTAMasrequiredbytheSpectrumAerialCOA.TheletterofagreementwiththeairportmanagementwillbemadeavailabletotheAdministratoruponrequest.18.PriortoeachflightthePICshallinspecttheSA-UAStoconfirmthatitisinaconditionsafeforflight.Thepre-flightinspectionwillaccountforalldiscrepancies,e.g.inoperablecomponents,items,orequipment,notalreadycoveredintherelevantsectionsoftheoperatingdocumentsaswellasequipmentupdates.ThePICshallnotoperateanySA-UASiftheinspectionrevealsaconditionthataffectsthesafeoperationoftheSA-UASuntilthenecessarymaintenancehasbeenperformedandtheSA-UASisfoundtobeinaconditionforsafeflight.Thegroundcontrolstationshallbeincludedinthepreflightinspection.AllmaintenanceandalternationsmustbeproperlydocumentedintheUAS'srecordsasrequiredbySpectrumAerial'sOperationsManuals.19.SpectrumAerialwilltimelycarryoutitsmaintenance,inspections,andrecordkeepingrequirementsinaccordancewiththeOperationsManuals.Maintenance,inspection,andalterationswillbefullynotedintheSA-UASrecords,includingtotaltimeinservice,descriptionofworkaccomplished,datecompletedandthesignatureoftheauthorizedpersonreturningtheSA-UAStoservice.20.AnySA-UASthathasundergonemaintenanceoralterationsthataffecttheUASoperationorflightcharacteristics(e.g.,replacementofaflightcriticalcomponent)musttimelyundergoafunctionaltestflightinaccordancewithSpectrumAerial'sOperationsManuals.ThePICwhoconductsthefunctionaltestflightmustmakeanentryintheUASaircraftrecordsoftheflight.TherequirementsandproceduresforafunctionaltestflightandSA-UASrecordentryshallbeincludedintheSpectrumAerial'sOperationsManuals.U.S Department

of Transportation October 30, 2015 Page9 21. The SA-UAS will be operated and maintained according

to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates. 22. Prior to the operation,

a Mission Packet will be created

in accordance with the requirements

on Spectrum Aerial's Operations Manuals. 23. Spectrum Aerial will obtain an Air Traffic Organization ("ATO") issued Certificate

of Waiver
or Authorization, otherwise known
as a COA

, prior to conducting
any operations under this Grant of Exemption.

A NOT AM will be issued
as required
by the COA. All operations will be conducted

in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements

. 24. All required permissions
and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement,

fire or other appropriate governmental agencies. 25

. If the SA-UAS loses communication
with the PIC,
it will have the capability

to safely return
to a pre-determined location within the operational area and land safely. 26

. Contingency plans will be in place to safely terminate flight
if there
is a loss of communication between the PIC and the Observer. 27

. The SA-UAS will have the capability

to safely abort flight
in the case of unpredicted obstacles

or emergencies. 28. PICs and Observers will have at least

a current Class Ill Medical Certificate

or a valid and current U.S. driver's license issued by a state. 29

. Prior to conducting operations
for filming, the PIC will have accumulated
and logged, in a manner consistent with 14 CFR

§ 61.51 (b),

a minimum

of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least

I 0 hours logged
as a UAS pilot with

a similar SA-UAS type platform. This requirement
can be achieved
by flights conducted and logged
as a hobbyist. 30. Prior to conducting operations
for filming, the PIC will have accumulated
and logged, in a manner consistent with 14 CFR

§ 61.51 (b),

a minimum

of hours pursuant

to 14 CFR

§ 61.51(b)

as UAS pilot operating
the make and model of SA-UAS

to be utilized for operations under the exemption and three take-offs and three landing

in the preceding
90 days. 31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted. 32. The SA-UAS shall remain clear and yield the right of way to all other manned operations and activities

at all times (including,
but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).U.S Department

of Transportation October 30, 20 15 Page 10 33. SA-UAS Operations under Instrument Flight Rules,
at night, or beyond VLOS are prohibited. 34. The UAS will not be operated from an elevated platform unless designed and engineered specifically

for such purposes and be in compliance with the general restrictions imposed
by the applicable regulations. Additionally

no PIC will provide any film-flight operations while
in motion from atop any elevated platform vehicle
or device. 35. Before conducting operations,
the radio frequency spectrum used for operation and control of the SA-UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. V. REGULATIONS FROM WHICH EXEMPTION

IS REQUESTED The Federal Aviation Act expressly grants the FAA the authority

to issue exemptions

. This statutory authority,

by its terms, includes exempting civil aircraft,

as the term
is defined under§ 40
I 0 I of the Act, including UASs, from its safety regulations
and minimum standards when the Administrator decides

a requested exemption

is in the public interesl.

3 Spectrum Aerial seeks an exemption from several interrelated provisions

of Title 14 of the Code of Federal Regulations

(" 14 C.F.R") Parts 21, 45, 61 and 91 for purposes

of conducting
the requested operations using SA-UAS platforms noted above. Listed below are: (I) the specific sections
of 14 C.F.R for which exemption

is sought, and (2) the operating procedures
and safeguards that Petitioner has established which will ensure

a level of safety better than or equal to the rules from which exemption

is sought:' UNMANNED AIRCRAFT SYSTEM A. 14 C.F.R. Part 21, Subpart

H -Airworthiness Certificates
and 14 C.F.R. §91.203(a)(

I) The FAA has stated that no exemption

is needed from this section

if a finding

is made under the Reform Act that the UAS selected provides

an equivalent level of safety when compared

to aircraft normally used for the same application

. These criteria are met and in point of fact exceeded, and therefore
no exemption

is needed.

5 If, however,
the FAA determines that there are some characteristics

of the chosen UAS that fail to meet the requirements

of the Reform Act, an exemption

is requested. 3 49 U.S.C

. § 44701(f) (authorizing
the grant of exemptions from requirements

of regulations prescribed pursuant

to Sections 44701(a) and (b) and Sections 44702- 44716)

. **~** 14 C.F.R

§ 11.81 (e), which requires

a petition for exemption

to include: The reasons why granting the exemption would not adversely affect safety,
or how the exemption would provide

a level of safety
at least equal
to that provided
by the rule from which you seek exemption

. 5 See Grant of Exemption
No. 11062
to Astraeus Aerial (FAA-2014-0352

at pgs

. 13-14, 22).U.SDepartmentofTransportationOctober30,2015PageIIEquivalentLevelofSafetySpectrumAerial'suseoftheSA-UASissafewhentakingintoaccountitssize,weight,speed,andoperationalcapability.AssetforthinthedescriptionofproposedoperationsinSectionIV(A),theSA-UASweighslessthan55pounds,includingpayloadandwillnotbeflownatagroundspeedinexcessof50knots.TheSA-UASisalsoequippedwithsafetyfeatureswhichwillallowPetitionertooperatetheSA-UASsafelyafterexperiencingcertainin-nightcontingenciesorfailuresasnotedbelow.6 7Additionally,theSA-UAScarriesneitherpilotsnorpassengers,carriesnoexplosivematerialsorflammableliquidfuels,orotherelementsidentifiedbyHomelandSecurityasbeingprohibitiveandoperateexclusivelywithintheparametersstatedinSpectrumAerial'sOperationsManuals.OperationsconductedunderthisexemptionwillbecloselycontrolledandmonitoredbythePICoperatorandwillbeconductedincompliancewithlocalpublicsafetyrequirements,toprovidesecurityfortheareaofoperation.SpectrumAerialwillalsoprovidetheFAAwithadvancenoticeofalloperationsviaNOTAMsasrequiredbytheapplicableCOA.Inallcases,operationoftheSA-UASundertheproposedconditionswillbeatleastassafeas,orsaferthan,conventionalrotorcraftoperatingwithanairworthinesscertificate.Lastly,theSA-UASdonotneedameanstocommunicatewithotheraircraftorATC,becausethosecapabilitieswillbesolelypossessedbythePICandObserver,whoarenotonboardtheSA-UAS.8Inaddition,nosense-and-avoidtechnologyisnecessaryfortheSA-UASsbecausetheywillbeoperatedatalltimesinVFRconditionsandwithinVLOSofthePICandOperator.96Seee.g.,GrantofExemptionNo.11184toLowCountryRC,Corp.(FAA-2014-0803atpg.3):"The[DJISI000]hasthecapabilitytooperatesafelyafterexperiencingcertainin-flightcontingenciesorfailuresandusesanautopilotsystemtomaintainUASstabilityandcontrol.TheUASisalsoabletorespondtoalossofglobalpositioningsystem(GPS)oralost-linkeventwithapre-coordinated,predictable,automatedflightmaneuver,andmanualflightcontrolfunctionalityasabackup.Thesesafetyfeaturesprovideanequivalentlevelofsafetycomparedtoamannedaircraftperformingasimilaroperation."7Seee.g.,GrantofExemptionNo.11184toVDOSGlobal,LLC.(FAA-2014-0382atpgs.4-5):TheSA-UAScanbeoperatedentirelybyatouch-screen,map-basedinterface.Thismeanstheoperatoronlyneedstocommandthesystemwheretogo,andthesystemdoesalltheflyingfortheoperator.TheSA-UAScanbeoperatedinbothsemiandfullyautonomousflightmodes,withtheoperatorsimplyclickingonamaptocreateapre-plannedflightpathforatlight.Inaddition,theoperatorcancreatenoflyzonesormaximumflightrangesandaltitudessothesystemcannotenterareasdeemedunsafeorunnecessarytoflyover.ThepetitionerstatesfurtherthattheUAShasbuilt-inintelligentfaulthandlingwhichallowstheSA-UAStodetectasystemfaultwhileintheairandautomaticallyflybacktoitstakeofflocationandland.Faultsthatcanbedetectedinclude:lossofcommunication;exceedingpre-setwindthresholds;andlowbatterylevels.Allflightoperationsareglobalpositioningsystem(GPS)controlled,makingthesystemeasytonavigate.Atanypointiftheoperatorisnotexplicitlycommandingthesystemtomove,thesystemautomaticallyholdsitsGPSposition.ThetlightcontrolsystememploysnotonlyGPSpositioningbutavarietyofsensorsincludingsonar,barometricpressure,temperature,windspeedandotherstoensurestabilitysolongaswindthresholdsarenotexceeded.Alsoa!lightterminationlink-topreventa'flyaway'orotherpotentiallydangeroussituation-isavailabletotheoperator."8SeeGrantofExemptionNo.11062toAstraeusAerial(FAA-2014-0352atpg.13).V.SDepartmentofTransportationOctober30,2015Page12B.14C.F.R.Part27AirworthinessStandards:NormalCategoryRotorcraftTitle14C.F.R.Part27setsforththeproceduralrequirementsforairworthinesscertificationofnormalcategoryrotorcraft.TotheextentthatSpectrumAerial'ssmallSA-VASwouldotherwiserequirecertificationunderPart27,PetitionerseeksanexemptionfromPart27'sairworthinessstandardsforthesamereasonsidentifiedintherequestforexemptionfrom14C.F.R.R.Part21,SubpartH,supra.C.14C.F.R.§§91.9(c),45.23(b)and45.27(a):AircraftMarkingandIdentificationRequirementsSpectrumAerialseeksanexemptionfromtheaircraftmarkingandidentificationrequirementscontainedin14C.F.R.§§91.9(c),45.23(b)and45.27(a).•14C.F.R.§91.9(c),CivilAircraftFlightManual,MarkingandPlacardrequirements,providesthat:NopersonmayoperateaU.S.-registeredcivilaircraftunlessthataircraftisidentifiedinaccordancewithPart45ofthischapter.•14C.F.R.§45.23(b),MarkingsoftheAircraft,states:WhenmarksincludeonlytheRomancapitalletter"N"andtheregistrationnumberisdisplayedonlimited,restrictedorlight-sportcategoryaircraftorexperimentalorprovisionallycertificatedaircraft,theoperatormustalsodisplayonthataircraftneareachentrancetothecabin,cockpit,orpilotstation,inlettersnotlessthan2inchesnormorethan6incheshigh,thewords"limited,""restricted,""light-sport,"experimental,"or"provisional,"asapplicable.•14C.F.R.§45.27(a),Rotorcraft,states:Eachoperatorofarotorcraftmustdisplayonthatrotorcrafthorizontallyonbothsurfacesofthecabin,fuselage,boom,ortailthemarksrequiredby§45.23.InapreviousGrantofExemption,theFAAdeterminedthatexemptionfromtheserequirementswaswarrantedprovidedthattheaircraft"haveidentification(N-Number)markingsinaccordancewith14C.F.RPart45,SubpartCifthemarkingsareaslargeaspracticable."wEquivalentLevelofSafetyAllSA-VASflownbySpectrumAerialwillbearN-numbermarkingsthatareaslargeaspracticableinaccordancewith14C.F.R.Part45,SubpartC.1110.FAADocketNo.FAA-2014-0352.IlSee,e.g.,FAADocketNo.FAA-2014-0352,at14.U

. S Department

of Transportation October 30, 20 15 Page 13 D. 14 C.F.R.

§ 91.405(n), 91.407(a)(l), 91.409(n)(l)
and (2); 91.417(a) and (b): Maintenance Inspections Spectrum Aerial seeks an exemption from the maintenance inspection requirements contained

in 14 C.F.R.

§ 91.405(a), 91.407(a) (I), 91.409(a) (2); 91.417(a) and (b). These regulations specify maintenance
and inspection standards

in reference

to 14 C.F.R. Part43. See, e.g., 14 C.F.R.

§ 91.405(a) (stating that each owner or operator
of an aircraft "[s]hall have the aircraft inspected

as prescribed

in subpart

E of this part and shall between required inspections

... have discrepancies repaired

as prescribed

in part 43 of this chapter").
An exemption from these regulations

is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the VAS platforms

to be operated under this grant of exemption. will not have. (Emphasis added) Equivalent Level of Safety An equivalent level of safety will be achieved

or exceeded because maintenance
and inspections will be timely performed

in accordance with the Manufacturer's Manual and any required manufacturer Safety
or Service Bulletins. Further,

as required
by Spectrum Aerial's Operations Manuals, the PIC wilt conduct

a pre-flight inspection

of the SA-UAS and all associated equipment

to account for all discrepancies and/or inoperable components. Maintenance
will be performed
and verified

to address any conditions potentially affecting safe operation

of the SAUAS and no flights will occur unless, and until, all flight critical components

of the SA-UAS have been found
to be airworthy and in a condition safe for operation.

A functional test flight will be conducted following
the replacement

of any flight-critical components

. As required
by Spectrum Aerial's Operations Manuals,
the PIC who conducts the functional test flight will make an entry in the SA-UAS aircraft records
of the flight. Spectrum Aerial's Operations Manual also includes requirements

to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection,
and life limit requirements

for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including aHerons/elevons), structures

& airframe, camera system, electricaJ systems (including batteries), ground control station, hazard accessories,
and spare parts. Further, Spectrum Aerial's Operations Manuals also include procedures

to document and maintain

a record of the SA-UAS's maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the SA-UAS used under this Grant of Exemption.

As
a whole, the maintenance
and inspection procedures required

in Spectrum Aerial's Operations Manuals ensure that an equivalent

or higher level of safety will be achieved. PILOT-IN-COMMAND

OF THE UAS E. 14 C.F.R.

§ 61.113: Private Pilot Privileges and Limitations Spectrum Aerial seeks exemption from 14 CFR

§ 61.113, which restricts private pilot certificate holders from flying aircraft for compensation

or hire, and would also require

a second class medical certificate. The purpose
of Part 61 is to ensure that the skill and competency

of any PIC matches the airspace

in which the PIC will be operating,

as well as requiring certifications

if the private pilot
is carrying passengers

or cargo for hire. In this case, while the SA-UASs will be operated

as part of a commercial operation, they carry neither passengers
nor cargo.

In the GrantU.S Department

of Transportation October 30, 20 15 Page 14 of Exemption

to Astraeus Aerial, the FAA determined that the unique characteristics

of UAS operation outside
of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have

a Commercial Pilot Certificate
and Class

II Medical Certificate.

12 The fulfillment

of the additional requirements

for
a private pilot to become qualified

as a commercial pilot would not lead to any additional safety benefits when UAS operations
arc involved. Equivalent Level of Safety The restrictions Spectrum Aerial has placed on its SA-UAS operations meet or exceed the restrictions similarly imposed
on Astraeus Aerial. Spectrum Aerial will operate on private property

or approved location away from persons and property not involved

in the operation. Spectrum Aerial will also obtain an ATO issued COA prior to conducting
any operations under this Grant of Exemption.

All operations will be conducted

in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

A NOT AM will also be issued
as required
by the applicable COA. In addition

to these flight restrictions

, Spectrum Aerial will further ensure safe operation

by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining

to all aircraft operators but also in the unique aspects
of SA-UAS flight. As set forth in the Operations Manuals, pilots will have experience
not only in SA-UAS operations generally but have logged flight time in the specific make and model used for the operations before they are pennitted

to participate

in commercial flights on behalf of Spectrum Aerial. The pilot qualification. training, and currency requirements

in the Operations Manuals ensure that Spectrum Aerial pilots are competent and proficient

in the SA-UAS they are operating. Spectrum Aerial's training and qualification requirements

are consistent with those contained

in prior FAA Section 333 Grants of Exemption,
and will provide

a higher level of competency
and proficiency for its pilots and will ensure
at least an equivalent level of safety
to the public. OPERATING PARAMETERS

OF THE UAS F. 14 C.F.R.

§ 91.7(a): Civil Aircraft Airworthiness Inasmuch

as there will be no airworthiness certificate issued for the UASs, Spectrum Aerial seeks an exemption from 14 C.F.R.

§ 91

. 7(a), which requires that

a civil aircraft
be in airworthy condition

to be operated. The FAA has stated that no exemption

is required for 14 C.F.R.

§ 91. 7(a) to the extent that the requirements

of Part 21 are waived
or found inapplicable.

n Accordingly, Petitioner requests that the requirements for§ 91.7(a)
be treated

in accordance with Section

V (A), supra. G. 14 C.F.R.

§ 91.9(b)(2): Civil Aircraft Flight Manual

in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification
and Registration 1 2 Exemption

No

. 11062 (FAA Docket No. FAA-2014-0352)

. uSee ld. at 13-14, 22.U.S Department

of Transportation October 30, 20 15 Page
15 Title 14 C.F.R

. § 91.9(b) (2) and

§ 91.203(a) and (b) require the operator

to carry airworthiness documenLc;
and other aircraft manuals onboard the aircraft. Pursuant

to 14 C.F.R.

§ 91.9(b) (2)

: (b) No person may operate

a U.S

. -registercd civil aircraft- (2) For which an Airplane

or Rotorcraft Flight Manual

is required
by § 21.5 of this chapter, unless there

is available

in the aircraft

a current approved Airplane

or Rotorcraft Flight Manual, approved manual material, markings, and placards,

or any combination thereof

. Pursuant

to 14 C

. F.R

. § 9 I

. 203(a) and (b)

: (a) Except
as provided in§ 91.715,
no person may operate

a civil aircraft unless

it has within

it the following: (I) An 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

. Given the small size and configuration

of the SA-UAS,

it would be imposs

i ble to keep airworth

i ness documents
and othe

r aircraft manuals
on board the SA

- UAS because there
is simply no room and the SA-UAS has no cabin or cockpit.
As
a way to comply with the code Spectrum Aerial will maintain the documents with the PIC and make them available
for inspection. Equivalent Level of Safety In an FAA Office of Chief Counsel

' s Opinion dated August

8, 2014, and prepared
by Dean

E
. Griffith, Attorney, AGC-220,

it was acknowledged
that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access
to the UAS flight manual, registration certificate, and other required docum

e nts from the ground control station from which

h e or she is operating
the aircraft.

14 As this FAA Office of Chief Counsel Opinion clarifies,
the intent of the rule
is to ensure the pilot has access

to these key documents during flight. Therefore

, an equivalent level of safety will be achieved
by ensuring that the pilot has access
to the documents

at the ground control station from which he or she is piloting the UAS. H.
14 C.F.R.

§ 91.103: Preflight Action Spectrum Aerial seeks an exemption from 14 C.F.R.

§ 91.103, which requires

a PIC to become familiar with specific information before each flight, including information contained

in the FAA-approved Flight Manual
on board the aircraft. While the PIC will be familiar with all 14 Memorandum from Mark Bury, FAA Assistant Chief Counsel
for International

L a w, Legislation
and Regulation, to John Duncan, FAA Right Standards Service (Aug.
8, 2014); see also Docket No. FAA-2014-0352

at 16-18

.U.S Department

of Transportation October 30, 20 15 Page 16 information necessary

to safely conduct the tlight. an exemption

is requested

to the extent that an FAA-approved Flight Manual

is required. Equivalent Level of Safety An equivalent level of safety will be provided
by following
the Spectrum Aerial's Operations Manuals and the Manufacturer's Manual. The PIC will perform

a series of checklists designed

to identify any defects
or inoperable components

in accordance with the Spectrum Aerial's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures

. The PIC will also be required

to review weather, tlight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas-before initiation

of flight. Spectrum Aerial's Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible

to the PIC at all times while operating the UAS. I.
14 C.F.R.

§ 91.109(a): Flight Instruction Spectrum Aerial seeks an exemption from 14 C.F.R.

§ 91.1 09(a), which provides

in pertinent part that "[n]o person may operate

a civil aircraft (except

a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls

. " UASs and remotely piloted aircraft,
by their design, do not have functional dual controls. Instead, night control

is accomplished through the use of a device that communicates
with the aircraft via radio communications. Accordingly,

an exemption will be required
for the flight instruction requirements

of 14 C

. F.R

. § 91

. 1 09(a). Equivalent Level of Safety Given the size and speed of the UASs that Spectrum Aerial intends

to use, an equivalent level of safe training can still be performed without dual controls because
no pilot or passengers

are aboard the UAS

, and as required
by the Spectrum Aerial's Operations Manuals,

all persons will be a safe distance away in the event that the UAS experiences
any difficulties during flight instruction. Moreover,

as required
by the Spectrum Aerial's Operations Manuals,

all flight training wil1 be conducted

in controlled and sterile environment.

As a whole, the safety procedures provided
for in Spectrum Aerial's Operations Manuals ensure that the proposed UAS operations provide
an equivalent

or higher level of safety than that provided

by the night instruction regulations

. J.
14 C.F.R.

§ 91.119(c): Minimum Safe Altitudes Spectrum Aerial requests

an exemption from the minimum safe altitude

r e quirements

of 14 C.F.R.

§ 9 I .119(c).

15 Section 91.119 prescribes
the minimum safe altitudes under whi
c h aircraft may not operate, including 500 feet

a bove the surface and away from any person, vessel, vehicle, 1 sRelief from

§ 91

. 119(a) will not be nece

s sary because Petitioner will be able to perform
an emergency landing without undue hazard
to persons
or property
on the ground

in the event of a failur

e . P e titioner's propos

e d UAS operation

s will not occur over congested

a reas, and therefore

an e x emption from

§ 9 1. 119(b) will not be n e ce s sary. S ee e

. g., Grant of Ex e mption No. 11157
to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534

at 15).U.SDepartmentofTransportationOctober30,2015Page17orstructureinnon-congestedareas.See14C.F.R.§91.119(c).Section91.119(d)allowsforahelicoptertooperateatlessthanthoseminimumaltitudeswhenitcanbeoperated"withouthazardtopersonsorpropertyonthesurface,"providedthat"eachpersonoperatingthehelicoptercomplieswithanyroutesoraltitudesspecilicallyprescribedforhelicoptersbytheFAA."AnexemptionisrequiredbecausetheproposedSA-UASoperationwillnormallyneedtooccurbelow400feetAGL.IncircumstanceswheretheSA-UASisusedtoinspectastructurewhoseheightexceeds400feetAGL,theSA-UASwillnotbeoperatedmorethan100feetabovethehighestpointonthestructure,andwithin50feethorizontallyofthestructure.Additionally,duethenatureoftheproposedoperations,thePilotand/orObservers(s)mayneedtobelessthan500feetawayfromtheSA-UAS.EquivalentLevelofSafetyComparedtoflightoperationswithrotorcraftweighingfarmorethanthemaximumweightsproposedherein,andgiventhelackofflammablefuelwiththeabovenotedUASs,anyriskassociatedwiththeseoperationsisfarlessthanthosewhichpresentlyexistwithconventionalaircraft.Anequivalentlevelofsafetywillbeachievedgiventhesize,weight,andspeedoftheSA-UASs,aswellasthecontrolledlocationwheretheoperationswilloccur.Inordertoavoidanyrisktomannedaircraft,!lightoperationswillberestrictedto400feetAGLorbelow,orwheninspectingaU.S.structurewhoseheightexceeds400feetAGL,within100feetabovethehighestpointonthatstructureand50feethorizontallyofthestructure.AssetforthintheOperationsManuals,theSA-UASswillbeoperatedinarestrictedarea,andallflightswillbeoperatedatalateraldistanceofatleast500feetfromanynonparticipatingpersons,unlessthatpersonisinapositionwhereheorsheisshieldedfromtheSA-UASandanypossibledebrisresultingfromitsfailure.AsrequiredbytheOperationsManuals,flightswillbeterminatedifanonparticipatingpersonwithin500feetoftheSA-UASleavesashieldedposition.Further,itsoperationswilloccuratleast500feetawayfromvehiclesorstructuresunlessthepropertyowner/controllertimelyhasgrantedpermissionandthePIChasmadeasafetyassessmentoftheriskofoperatingclosertothoseobjectsand,operationsnearthePICorObserverwillnotpresentanunduehazardper§91.119(a).AdherencetotheserestrictionsinSpectrumAerial'sOperationsManualswillensureoperationscanbeconductedwithoutcompromisingpublicsafety.16K.14C.F.R.§91.121:AltimeterSettingsSpectrumAerialseeksanexemptionfrom14C.F.R.§91.121,whichrequiresapersonoperatinganaircrafttomaintaincruisingaltitudeorflightlevelbyreferencetoanaltimeterthatissetto111Seee.g.,GrantofExemptionNo.11138toDouglasTrudeau(FAA-2014-0481at19):"IfbarriersorstructuresarepresentthatcansufficientlyprotectnonparticipatingpersonsfromtheUAordebrisintheeventofanaccident,thentheUAmayoperatecloserthan500feettopersonsaffordedsuchprotection.Theoperatormustalsoensurethatnonparticipatingpersonsremainundersuchprotection.Ifasituationariseswherenonparticipatingpersonsleavesuchprotectionandarewithin500feetoftheUA,flightoperationsmustceaseimmediately.Whenconsideringhowtoimmediatelyceaseoperations,theprimaryconcernisthesafetyofthosenonparticipatingpersons.Inaddition,theFAAfindsthatoperationsmaybeconductedcloserthan500feettovessels,vehiclesandstructureswhentheowner/controllerofanysuchvessels,vehiclesorstructuresgrantspermissionfortheoperationandthePICmakesasafetyassessmentoftheriskofoperatingclosertothoseobjectsanddeterminesthatitdoesnotpresentanunduehazard."U

. S Department

of Transportation October 30, 20 15 Page 18 the elevation
of the departure airport or barometric pressure.
An exemption

is required

to the extent that the UASs do not have

a barometric altimeter, but rather

a GPS altitude read out. Equivalent Level of Safety The FAA has stated that an equivalent level of safety to the requirements

of 14 C

. F.R. §91

. 121 can be achieved

in circumstances where: (I) the UAS will be operated below 400 feet AGL or bclow

17

, (2) within VLOS

, (3) where GPS based altitude information

is relayed

in real time to the operator

at a ground-based on-screen display and, (4) where prior to each flight,

a zero altitude initiation point
is established

for the PIC to confirm accuracy

of the on board GPS.

18 The SA-UAS that Spectrum Aerial intends

to use for the proposed operations will meet all these operational characteristics. Moreover,

as required
by Spectrum Aerial's Operations Manuals,
the PIC will be required

to calibrate the aircraft's GPS compass prior to each night operation. Like prior FAA Section 333 Grants of Exemption,

the SA-UAS Spectrum Aerial intends

to use, and the safety mitigation procedures contained

in the Operations Manuals, both ensure that an equivalent level of satety or greater level will be achieved, and

a Grant of Exemption

to the requirements

of § 191.121

is therefore appropriate. L. 14 C.F.R.

§ 91.151(a): Fuel Requirements

for Flight in VFR Conditions Spectrum Aerial requests
an exemption from 14 C.F.R.

§ 91.151 (a)'s fuel requirements

for flight in VFR conditions. Section 91.151 states

: (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;
or (2) At night,
to fly after that for at least 45 minutes. Here, the technological limitations

on UAS battery power means that no meaningful flight operations can be conducted while still maintaining

a 30-minute battery reserve. An exemption from the fuel requirements

of 14 C.F.R.

§ 91. 151 (a) is therefore required. Moreover

, it is not Spectrum Aerial's intention

to fly the SA-UASs

at night. Equivalent Level of Safety In the Grant of Exemption

to VDOS (Exemption
No. 11112), the FAA determined that an equivalent level of safety
to the fuel requirements

for flight
in VFR conditions could be achieved by prohibiting
the PIC from beginning

a SA-UAS flight unless (considering wind and forecast weather conditions) there was enough power
to fly to the first intended point of landing and, 17 If the height of the structure being

i nspected exceeds 400 feet AGL, the UAS will not be operated more than

l 00 feet above the highest point on the

s tructure. 'HSee Grant of Exemption
No. 11062
to Astraeus Aerial (FAA-2014-0352

at21
).U

. S Department

of Transportation October 30, 20 15 Page 19 assuming normal cruising speed,
to fly after that for at least

I 0 minutes.

In reaching this conclusion,

the FAA considered that the UAS batteries
for the SA-UAS provide approximately 50 minutes
of powered flight (with payload) and provided battery level and battery time remaining

in minutes and seconds

to the PIC.

19 The FAA also considered
the fact the SA-UAS operating manual states: "start every flight with

a fully charged battery

in the aerial vehicle", and that in the event that the SA-UAS should run low on power, the PIC will be alerted and can safely land the- SA-UAS

as soon as possible. Like the VDOS Grant of Exemption, Spectrum Aerial's use of the SA-UAS, combined with the requirements

of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded. Similarly,

in the Grant of Exemption

to Alan Purwin (Exemption
No.

I I I 61 ), the FAA determined that an equivalent level of safety
to the fuel requirements

for flight
in VFR conditions could be achieved
by prohibiting

the PIC from beginning

a flight with the UA unless (considering wind and forecast weather conditions), there was enough power
to safely fly at normal cruising speed
to the intended landing point and land the UA with 25% battery power remaining

. Spectrum Aerial will adhere

to this limitation
for its SA-UAS flights

. The SA-UAS includes

a low battery warning system and the amount
of battery reserve power remaining

is continuously transmitted

to the PIC via telemetric data feed, which downlinks from the SA-UAS

to a ground-based-on-screen
display.

20 As required
by Spectrum Aerial's Operations Manuals, the PIC will promptly
tly the SA-UAS back to the home launch location
or pre-determined abort location where

it may safely land, while still maintaining

a minimum

of 25% reserve battery power. Spectrum Aerial submits that the procedures requiring flights
to be safely tenninated once the batteries fall below 25% capacity, combined with the requirement
that flights only be conducted within

a secure, isolated area, using

a UAS weighing less than 55 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide
an equivalent

or higher level of safety
to the public
to that provided
by the regulations from which exemption

is sought. VI. DRUG AND ALCOHOL PROGRAM Spectrum Aerial will have policies

in place
to ensure that no person may participate

in SA-UAS flight operations

if they are under the influence

of alcohol
or any drug. VII. PUBLIC INTEREST The public interest will be served by granting Spectrum Aerial's Petition for Exemption. Congress has established

a national policy that favors early integration

of UAS into the NAS in controlled, safe working environments
such as those proposed

in this Petition

. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the 19

. Grant of Exemption
No. 11112to VDOS Global, LLC (FAA-2014-0382

at 10). 20

. The SA-UAS ground control station displays the UAS's position, navigation route, tail number, altitude, heading

, north seeking arrow, range
to targets, calculated target position, date/time, and sensor heading and orientation relative
to the UAS.U

. S Department

of Transportation October 30, 20 15 Page 20 Reform Act-the FAA Administrator's assessment

of whether certain UAS may operate safely
in the NAS before completion

of the statutorily required rulemaking. The proposed SA-UAS operations

in this Petition for Exemption significantly improves
the safety and reduces risk of harm, physical injury and property damage

to the public

at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant organizations

and all those who may be in the local vicinity

. Traditional methods
of inspecting and monitoring potential locations and relevant sites and facilities requires location personnel

to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual

is neither trained nor equipped

to per
f orm, which exposes them to unnecessary
risk of serious physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors

are often unnecessarily exposed

to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations
for potential recording sites to be used in the end product. The use of small UAS can eliminate these hazards and ultimately create

a much safer method
of performing these types of inspections creating

a sater environment

for the public
as well

a s Spectrum Aerial employees. The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands

of pounds, carrying crew in addition

to flammable fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore,

in the unlikely event of an accident, Spectrum Aerial's small battery powered SA-UAS presents significantly
Jess danger to persons on the ground when compar

e d to operations

by conventional manned aircraft.

2 1 As Petitioner's SA-UAS
are battery powered,
the public will also benefit from

a reduction

in harmful petroleum based emissions associated with conventional aircraft performing

in the same functions proposed herein. Air quality will naturally

be improved with the reduction

of fuel powered vehicles. Lastly,
as recognized

by the FAA in prior Section 333 Grants of Exemption

to filmmakers, UAS provide
an additional economic tool for the aerial filming notwithstanding

th e industry, adding

a greater degree of flexibility, which supplements

the current capabilities offered by manned aircraft.

22 The quality of the finished product

is enhanced and provides

a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing
the needed product

is greatly reduc

e d while reducing the difficulty with which the finished product

is created. The demand for the current industrial product

is increasing
and will continue

to increase given the enhanced flexibility

of production; therefore

, given the lower cost, 2 1 See Grant of Exemption
No. 1115

8 to Te a m 5, LLC (FAA-2014-0783

at 12): "Manned helicopter

s condu

c tin g aerial film

i ng can weigh 6,000 pounds
or more and are operated
by an onboard
pil o t, in addition

to other onboard crewmembers

, as necessary. The petitioner'

s UAs will w e igh less than 55 pounds with no onboard pilot or c rew. The pilot and crew will be remotely located from the aircraft. The limited weight

si g nificantly reduces the potential for harm to participating
and nonparticipating individuals

or property

in the event of an incident
or a ccident. Ri
s k to an onboard pilot and crew during an incident
or accident

is e liminat

e d with the
u se o f a UA for the aerial filming operation." 22 Se e e.g., Grant of Exemption
No. 11178 to Picture Factory, Inc. (FAA-20 14-0794

at 18).U.SDepartmentofTransportationOctober30,2015Page21owner/operatorsandothersintherelevantindustrywillbemoreinclinedtoutilizetheservicesofcommercialUASalongwithanappropriatelicensedPIC's.VIII.PRIVACYAllSA-UASoperationswillbeconductedinaccordancewithapplicablefederal,state,andlocallawsregardingprivacy.Alloperationsshallbeconductedoverprivateorcontrolled-accesspropertywithpermissionfromthelandowner/controllerorauthorizedrepresentative.Permissionfromlandowner/controllerorauthorizedrepresentativewillbeobtainedforeachnighttobeconducted.IX.FEDERALREGISTERSUMMARYPursuantto14C.F.R.PartII,thefollowingsummaryisprovidedforpublicationintheFEDERALREGISTER,shoulditbedetermined thatpublicationisneeded:PetitionerseeksanexemptionfromthefollowingrulesinTitle14oftheCodeofFederalRegulations:Part21,SubpartH;Part27;45.23(b);45.27(a);61.113;91.7(a);91.9(b)(2);91.9(c);91.103;9l.l09(a);91.119(c);91.121;91.15l(a);91.203(a)&(b);91.405(a);91.407(a)(I);91.409(a)(I)&(2);91.417(a)&(b).Theexemptionwillenhancesafetybyreducingrisktotheaircraftcrew,productioncrew,generalpublic,propertyownersandcitystructuresfromthesubstantialhazards associatedwithperformingequivalentfilmworkandaerialvideoproductionwithconventionalfixed-wingaircraft,rotorcraft,orothermethods.X.CONCLUSIONSpectrumAerial'sPetitionforExemptionsatisfiesthecriteriaarticulatedinSection333oftheReformActof2012whichincludesweight;speed;operatingcapabilities;proximitytoairportsandpopulatedareas;operationwithinVLOSandnationalsecurity.TheproposedSA-UASoperationswillbenefitthepublicasawholebyimprovingsafetyandreducingriskbyalleviatinghumanexposuretodangerwhileloweringtheattendantrelatedcoststherebyincreasingthedemandforthefinishedproduct.Inconsiderationofthe foregoing,thisPetitionforExemptionprovidestheFAAwithmorethanadequatejustificationforgrantingtherequestedexemptionsallowingSpectrumAerialtousesmallSA-UASsintherecordedproductionofitsproduct.Wethankyouforyourpromptconsiderationofourrequestedexemptions.EricL.IgualadaSpectrum&PhotographyServices6815NW121hSt.Plantation,FL33313Phone:954.868.9066:Email:Ericigualada@gmail.comU.S Department

of Transportation October 30, 2015 Page 22 (The following attached items contain proprietary
and commercial information exempt from disclosure under the Freedom
of Information Act.

5 U.S.C

. § 522 ct seq
.• and should be held in a separate file pursuant

to 14 C.F.R

. § 11.35(b))

. Attachments: I. General Operations Manual 2 . PIC Operating Manual 3 . Company Protocols 4
. Location Protocols 5
. Flight Communications Protocols 6. Departing Location Protocols 7
. Transmitter Protocols 8. Preflight Checklist 9
. Post Flight Checklist I 0. Equipment Checklist II

. UAS Manufacturer's Manuals a . User Manuals b. UAS Maintenance Manuals