1 Aerob otic Imaging Services, LLC

4918 Seabrook Court Wilmington, NC 28403

September 26 , 2015

U.S. Department of Transportation West Building, Ground Floor

Room w12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Subject: Request for Issuance of Exemption under Title 14 CFR, Se ction 333

To Whom It May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR
Part 11, Aerobotic Imaging Services, LLC hereby applies for exemption from certain Federal Aviation Regulations (FARs) to allow for the commercial operation of small Unmanned Aircraft Systems (sUAS) so long as the proposed operations are conducted

within and under the condi tions outlined herein or as may be established by the FAA as required in accordance with Section 333.

If granted it is our intention to engage in the commercial operation of sUAS in order to

offer ser vices to multiple indus tries including:

 Aerial P hotography & Survey

 Cell Tower Inspections

 Energy Systems Inspections

 Pipeline Inspections

 Aerial Data Collection

 Residential Real Estate

 Public Safety Support Operations

 Flight Instruction

The requested exemption would permit the operations of sUAS by t he applicant under

controlled c onditions in airspace that is limited, predetermined, and controlled as to access. Also, this exemption would provide safety and environmental enhancements
not possible wit h larger manned aircraft, and would mitigate the inherent risk2

associated with the deployment of men and women in climbing and /or rappelling operations as may often times be required.

T he principal owners of Aerobotic Imaging Services, LLC possess Airline Tr ansport Pilot (ATP) certificates, have extensive flight instructing experience ( “Gold Seal” instructors)

, have more than 10,000 hours of PIC time in both single and multi

- engine aircraft

, and hold several type ratings. Consequently, both individuals are well versed in navigating

the Natio nal Airspace System, working with ATC, and working within the framework of

the FARs. In addition, t he owners have backgrounds in Part s 135 and 121 and intend

to adopt the safety policies and procedures learned in those environ ments.

Finally, Aerobotic Im aging Services, LLC will ensure that all flights will be operated in class G airspace within visual line of si ght (VLOS) of the pilot and visual observer (VO) under daytime VFR flight conditions as defined in FAR 91.155. For flights in other than class G airspace, the necessary permission will be obtained. The sUAS will be limited

to a maximum altitude of 400 feet above ground level ( AGL ). The applicant will keep

the sUAS clear of an d yield the right of way to all manned operatio ns and activitie s at all

times inc luding but not limited to ultra

- light craft , skydiving activities, parasailing activities, hang gliders

, and hot air balloons.

Name and address of the applicant:

Aerobotic Imaging Services , LLC Stephen G. Dixon , member

Paul W. Jones, memb er
4918 Seabrook Court Wilmington, NC 28403 (910) 520

- 3502 sgdixon2@gmail.com

Regulations from which this exemption is requested:

- 14 CFR Part 61.113(a) and (b) : Private pilot privileges and limitations: PIC

- 14 CFR Part 91.7(a) : Civil aircraft airworthiness

- 14 CFR Part 91.9(b) (2) : Civil aircraft flight manual, marking, and placards

- 14 CFR Part 91.103 : Preflight action

- 14 CFR Part 91.109 : Flight i nstruction

- 14 CFR Part 91.119 (b) and (c) : Minimum safe altitudes

- 14 CFR Part 91.121 : Altimeter settings

- 14 CFR Part 91.151(a) (1) : Fuel requirements for VFR flight

- 14 CFR Part 91.203 (a) and (b) : Carrying civil aircraft certification and registration

- 14 CFR Part 91.405(a) : Maintenance inspections

- 14 CFR Part 91.407(a) (1) : Maintenance inspections

- 14 CFR Part 91.409(a) (1) and (2) : Maintenance inspections

- 14 CFR Part 91.417(a) and (b) : Maintenance inspections3

Description of proposed sUAS

The applicant proposes to utilize the Phantom 3 and Inspire 1 as manu factured by DJI.

The Phantom 3 weighs 2.9 pounds including the payload that consists of a Sony

camera s ensor. Its maximum airspeed is 31 knots

. The Inspire 1 has a maximum

gross w eight of 6 pounds

, 7.5 ounces, and a maximum speed of 42 knots. Both aircraft

have the ability to hover and move in a vertical and horizontal plane simultaneously. They are operated from the ground utilizing a remote controller which displays flight and camera data on an electronic tablet or smartphone. Both aircraft are equipped with four
main rotors driven by lithium polymer battery powered motors. Please see the

manufacturer ’s specifications attached in the a ppendi ces.

The above mentioned aircraft t hat will be operated by Aerobotic Imaging Services, LLC will be identified by serial number and registered in accordance with 14 CFR part 47,

and have N

- number markings in accordance with 14 CFR part 45, subpart C.

Safety

The following operating procedures will apply during sUAS operations under this exemption request:

1. Any and all required permissions and permits will be obtained from appropriate state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate gov ernmental agencies.

2. Approval will be obtained from relevant property owners prior to an operation.

3. The sUAS pilot in command (PIC) will be trained in advance for the safe operation of the sUAS to be operated. This will include operation of the sUAS in

b oth normal and failsafe modes of operation, and will include familiarization with the operation manual as published by the manuf acturer attached in the appendices.

4. All operations will be conducted:

i. Within visual line of sight of the PIC

. ii. Utilizing a visual observer (V O).

iii. At less than 400 feet AGL.

iv. Within class G airspace unless permission is received at least 24 hrs. in advance of the planned flight.

v. Under daytime VFR conditions as defined by FAR 91.155

. vi. At least 5 miles from any airport, heliport, or seaplane base

. vii. Verbal communication between the VO and PIC will be maintained at all

times.4

5. The flight area of the sUAS will be observed for the best takeoff and landing locations. Desired conditions include flat and level surfaces clear of debris, a t least 15’ from power lines and structures, and a minimum of 12’ from PIC and

VO.

6. The sUAS will be equipped with safety bumpers, sold by the manufacturer, installed around the propellers to protect the propellers, structures, and persons from damage and i njury.

7. All batteries will be fully charged before each flight and each flight will be terminated when the battery has 20% power level remaining.

8. A visual safety inspection will be conducted before each flight to ensure the

airworthiness of the sUAS is in a ccordance with the manufacturer’s operating

instruct ions and the pilot preflig ht checklist. This will include checking the propeller tightness, the security of the bumper guards, and remote controls.

9. A preflight briefing will be issued by the PIC to all personnel included in the operation prior to launch. All personnel who will be performing duties for the operation will be present for the briefing.

10. If appropriate for the operation, the sUAS will utilize GPS navigation, failsafe, and

return

- to

- home (RTH) and/or flight abort safety features.

Relief requested

Section 61.113(a) and (b) prescribes that

–

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act

as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if (1) the flight is only

incidental to that business or employment , and (2) the aircraft does not carry passengers or property for compensation.

We seek exemption from this regulation due in part because the FAA has determined that holders of recreational and sport pilot certificates have adequate knowledge to commercially pilot sUASs. Current FAA issued grants of exemption indicate that these cer tificates are considered adequate. Also, considering the fact that sUAS s are incapable of carrying a pilot or passengers, it follows that the level and type of risk associated with commercial operations contemplated when 61.113 was drafted are not present with sUAS operations. In addition, our proposed operation will follow restrictions and controls outlined by the FAA and our pilot training will follow the contents of the attached5

manufacturer’s training guides. We therefore believe the risks associated with the operation of sUASs are significantly less than that associated with operations utilizing a manned conventional aircraft operating under 61.113.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

Given that if this exemption is granted, there will be no airworthiness certificate, and no standard exists for an aircraft of this type. We propose to utilize the manufacturer’s operating and maintenance m an ual in conjunction with the pilot preflight checklist attached in the appendices as to assess the airworthiness of

the sUAS.

Section 91.9(b)(2) prescribes, in pertinent part, that no person may operate a U.S. registered civil aircraft 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.

Due to the size and configuration of the sUAS, there is no room or capacity to carry such an item on the aircraft. We propose maintaining an equivalent level of safety by keeping the manual at the ground control point where the pilot flying the sUAS will have immediate access to it.

Section 91. 103 prescribes that each PIC shall, before beginning a flight, become familiar with all available information concerning that flight, to include

–

(a) For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather repo rts and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which

the PIC has been advised by air traffic control (ATC). (b) For any flight, runway lengths at airports of intended use , and the following takeoff and landing distance information: (1) For civil aircraft for which an approved airplane or rotorcraft flight manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained

therei n; (2) and for civil aircraft other that those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gro ss weight, wind, and temperature.

We request an exemption from 14 CFR 91.103 as FAA approved flight manuals will not be used. Instead, operating manuals and checklists provided by the manufacturer will be referenced by the PIC. In addition, the PIC will take all pre

flight actions including but not limited to reviewing weather, flight battery requirements, launch and landing area assessments, and aircraft performance data before commencing a flight.6

Section 91.109 prescribes, in pertin ent part, that no 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.

By design, sUAS do not have fully functioning dual controls. Fli ght control is accomplished through the use of a control b ox that communicates with the aircraft via radio. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, and control of the

sUAS is via radio.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(b) Over any congested area of a city, town, or settlement, or over any open

- air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

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

We request an exemption from 14 CFR 91.119 as we believe an equivalent level of safety will be achieved given the size, weig ht, and speed of the sUAS. No flights will be taken without proper notices being given and permission received from property owners and any individuals that may be affected by the operation. Additionally, since there is no flammable fuel load, any poten tial

risk associated with these operations is far less than those presently presented

ut ilizing conventional aircraft at low altitude.

Section 91.121 prescribes, in pertinent part, that each person operating an aircraft shall maintain the cruising altitud e by reference to an altimeter that is set when operating below 18,000 feet MSL to the elevation of the departure airport or an appropriate altimeter setting available before departure.

We request an exemption from 14 CFR 91.121 as the sUAS is not equippe d with a barometric altimeter, but instead outputs GPS altitude data. An equivalent level of safety will be achieved by the PIC verifying the altitude at the launch site prior to and during the flight.7

Section 91.151(a) pre sc r ibes that no person may begin a flight in an airplane under Visual Flight Rules (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 spee d

–

(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.

We seek an exemption from 14 CFR 151 as we believe we can achieve an equivalent level of safety by requiring an operati on to be terminated when the indicated battery power reaches 20%. This would provide more than sufficient time for the sUAS to return to its planned landing zone f rom anywhere in the

limited operating area.

Section 91.203(a) prescribes, in pertinent part , that no person may operate a civil

aircraft unless it has within it

–

(1) An appropriate and current airworthiness certificate; and (2) An effective U.S. registration cer tificate issued to its owner, or for operation s 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 part, 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.

We request an exemption from 14 CFR 203(a) and (b) since the sUAS weighs less than 3 pounds, carries no pilot or crew, and has no cockpit or cabin. We propose to keep these documents at the ground control point where the PIC will have immediate access to them to the extent they are applicable to the

sUAS.

Section 91.4 05(a) prescribes, in pertinent part, that each owner of an aircraft 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, Maintenance, Preventative Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alterati on unless8

it has been approved for return to service by a person authorized under part 43.7 of this chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21.

Section 91.417(a) and (b) prescribe, in pertinent part, that

–

(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventative maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include

–

(i) A description (or reference to data acceptable to the

Administrator ) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and c ertificate number of the person approving

the aircraft for return to service. (2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a special time

basis. (iv) The current inspection status of the aircraft, including the time

since last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or sa fety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by 43.9(d) for each major alteration to the airframe and currently install ed engines, rotors, propellers, and appliances.9

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by ot her work, or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

We request an exemption from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) as we believe these sections apply only to ai rcraft with an airworthiness certificate. The applicant will meet all maintenance requirements as prescribed by the manufacturer in accordance with the operating manual. This will provide an equivalent level of safety given the small size or the sUAS, th e proximity to the PIC during flight, the short duration of flights, and the low altitude. In the event of a mechanical issue, the sUAS can land immediately. The PIC will ensure the sUAS is in proper working order prior to initiating flight , perform all required maintenance, and keep a log of any maintenance performed.

Public Interest:

Given the small size of the sUAS involved and the limited environment within which it will operate, its proposed operation “falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption allow commercial operations of sUAS to commence immediately.” Also, because of the size of the sUAS and the restricted areas in which the sUAS will operate, the petitioner asserts approval of the application presents no national security issue. Additionally, the ability to conduct the types o f missions outlined in Aerob otic Imaging Services’ petition by a craft significantly smaller than a manned aircraft and car rying no passengers, crew, or flammable fuel significantly enhances safety to the general public as well as those

involved in the mission.

G ranting the requested exemption is in the public interest because of (1) the clear

direction set in section 333 of Public Law 112

- 95, (2) the strong equiv alent level of safety surrounding the proposed operations, (3) and the significant public benefit, including enhanced safety and reduction in environmental impacts such as reduced emissions associated with allowing sU AS for photography and inspection operations.

Additional Considerations:10

The FAA has set precedence in granting petitions to other entities that propose to engage in the same or similar types of activities under essentially the same operating parameters.

Sincerely,

Stephen G. Dixon , member Aerobotic Imaging Services, LLC

Attachments:

Appendix “A” DJI Phantom 3 manual Appendix “B” DJI Inspire 1 manual Appendix “C” DJI Phantom 3 checklist Appendix “D” DJI Inspire 1 checklist