6/22/2015

Trevor J. Bauer 2207 Hulett Ave. Faribault MN, 55021 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

Dear Sir or Madam: This application is being submitted on my own behalf without legal counsel or consulting services. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, I, Trevor J. Bauer, op erator of Small Unmanned Aircraft Systems (“SUASs”) equipped to conduct aerial photography and videogra phy, hereby applies for an ex emption from the listed Federal Aviation Regulatio ns (“FARs”) to allow commercial operation of its SUASs, so long as such op erations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1 As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Trevor J. Bauer to conduct commercial operations of small unmanned aircraft system s (“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. I, Trevor J. Bauer, plan to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial s ur veying

- Event Photography /Videography

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operationsTrevor J. Bauer  2

**Statuto ry Authority**  Se ction 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, pr ovides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if cer tain unm anned aircraft systems may operate safely in the national airspace system before completion of the (comp rehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1 ), Con gress made it clear that Se ction 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petiti oner meets all requirements to permit FAA approval of commercial UAS operations. **The Petitioner Requests Relief From the Following:**  Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) **Unmanned Aircraft System** SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. I am petitioning for exemption to enable I, Trevor J. Bauer, to operate a Blade Chroma with a CG02+ 16MP 1080p/60 3

- Axis Stabilized Camera. This SUAS has a built

- in capability to limit the height it flies above the grou nd, to se t the radius of the distance it flies from the operator and from Class B, C and D airspace. The Chroma also has the failsafe function of an autopilot system, which means when the communication between the Main Controller and the transm itter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger Return to Home and wil l land safely. **The above specifications meet with the Model Aircraft Operating Standards as set below:**Trevor J. Bauer  3

• I, Trevor J. Bauer, will only operate its SUAS in line of sight of a pilot and/or obse rver and will operate at sites that are a 'sufficient distanc e' from populated areas within the sterile area described in the FOPM. Su ch operations will insure that the SUAS will "not create a hazard to users of the national airspace system or the public."

• When flying SUAS within 5 miles of an airport, airport o perators will be notified and the operator will give the right of way to avoid flying in the proximity of full

- scale aircraft.

• Maximum flight time for ea ch operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reser ve should that occur prior to the 30 minute limit.

• The SUAS will be programmed so that it will not be operated at an altitude of no more than 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 SUAS Pilot, and Visual Observer.

• The SUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The SUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the SUAS and the restricted sterile environment within which they wil l operate, my SUAS operations adhere to the Reform Act's safety requirement s. The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and di minish the likelihood of death or serious bodily injury. With a small payload a nd maximum flight time of only 3 0 minutes, this offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than ground based imagery for dis playing the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefit s of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buyers and sellers of real property.Trevor J. Bauer  4

Additionally, I request that I be allowed to use my sys tem to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as I do so.

a. No flight will be made with a Gross weight exceeding 55 pounds; b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed o f no more than 25 knots and no further than 3/4 NM from the PIC;

c. All operations must utilize a visual observer (VO). The VO and PI C must be able to communicate by voice at all times during a flight operation; d. Operations will be restricted to flights over private property with the per mission of the property owner;

e. All required permits will be obtained from state and local go vernment prior to operation; f. I, Trevor J. Bauer will not operate over densely populated areas; g. I, Trevor J. Bauer will not be operating over any open

- air assembly of people; h. I, Trevor J. Bauer will not be operating over heavily trafficked ro ads; i. I, Trevor J. Bauer will not be operating within 5 NM of an airport or heliport; I respectfully request exemption under Section 333 to enable myself to operate efficient, limited, low

- risk commercial SAUS operations for the activities stated res pecting at all times the space and privacy of citizens and property whilst keeping our skies safe. Sincerely,
Trevor J. Bauer www.tjbauer.edinarealty.com tjbauer@edinarealty.com Office: 507

- 333

- 4556 Cell: 507

- 412

- 3810Trevor J. Bauer  5

**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY** I, Trevor J. Bauer requests an exemption from the following regulations as well as any a dditional regulations that may technically apply to the operation of the SUAS System: **14 CFR Part 21, Airworthines s Certificates**  This part establishes the procedures for the issuance of an airworthiness certificate. While the FA A continues to work to develop airworthiness standards for Unmanned Aerial Systems, I request an experimental certificate be issued for the Blade Chroma under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

a. **Research and development.** Te sting new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. b. **Showing compliance with regulations.** Conducting flight tests and other operations to show com pliance with the airworthiness regulations inclu ding flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales dem onstrations, and customer crew training, I would expect that an experiment al certificate would permit my commercial purpose as wel l. The aircraft will not carry persons or pro perty, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** These regulations provide that each air craft must display "N" and the aircraft's registration number in l etters at least 3 inches high. Additionally, the aircraft must display the wor d "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The SUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration numb er assigned to it by the FAA. I pr opose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visua l Observer) and others in the vicinity of the aircraft while it is preparing for launch will b e able to see the designation. Additionally, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft's regi stration information at the ground station. Finally, I will display at the ground station a highTrevor J. Bauer  6

contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. **14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot p**  **rivilege s and limitations**  . The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command 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 prop erty for compensation or hire. I feel I meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. **14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.** As no such certifi cate will be applicable in the for m contemplated by the FARs, this Regulation is inapplicable. **14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.** This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the a ircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight opera tions. To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved SUAS Flight Manual must b e available to the crew at the gr ound station anytime the aircraft is in, or preparing for, flight. **14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.** The regulation st ates, "No person may operate a civil aircraft that is being used for flight instru ction unless that aircraft has fully functioning dual controls." The SUAS System ground

-based control station consists of a small hand

- held radio transmitter and while it does not offer a second set of "c ontrols", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands

- on" the controls duri ng flight, I feel that this technique meets the intent 91.109 and provides an equivalent level of safety. **14 CFR**  **91.119 Minimum safe altitudes:**  General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the SUAS would be photography or survey of per sons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- flight planning has been performed. The aircraft will be operatedTrevor J. Bauer  7

at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surfa ce. Therefore I maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. **14 CFR 91.121 Altimeter settings.**  The regulation requires that aircraft shall maintain cruising altitudes by reference to an al timeter setting avail able within 100 NM of the aircraft. The SUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the launch and recovery point is transmitted via radio from the SUAS on

-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing . The SUAV is battery operated and the maximum d uration of flight from a single battery charge is 24 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the rese rve energy requirement of this paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.**  The regulation provides that an airworthiness cert ificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certifica te be "displayed at the cabin or cockpit entrance so that it is legible to passengers or cr ew." At a maximum gross weight of 5.3 pounds, the SUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or c rew. To obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed approp riate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In o rder to identify the aircraft, I propose that the information found on airworthiness and registration certificates be permanently affix ed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **14 CFR Subpart E (91.401 -**  **91.417) -**  **Maintenance, Preventive Maintenance, Alterations** The regulation provides that the operator is primarily respon sible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspe ction. It is my intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."Trevor J. Bauer  8

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in ad dition conduct de tailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

-board computer . All other maintenance will be pe rformed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417 . We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensur e an equivalent level of safety. **Safety and Benefits of the UAS** I, Trevor J. Bauer will be using the SUAS in a variety of applications that generally requ ire expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full

- sized mann edaircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significan tly larger manned aircraft carrying crew an d flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the p ilots and crew. By granting I, Trevor J. Bauer requested exemptions, the FAA will help drive development of safe and successful commercial UAS o pe rations and will advance the public knowledge base for such operations. I am committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resour ce for future UAS research operations. Thus, the FAA has good cause to grant this Petition. **Conclusion** As pointed out in this application, all the SUASs which our company would use, under authorization by the US D OT

- FAA, are small, lightweight de vices operated within the line of sight of the Pilot

- in

- Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control author ities (ATC) have been notified and have authorized each flight within a radius of this distance. My SUASs have proven capability for controlled flight. They are devices offered for general sale on the ma rket around the world and have often been used as M odel Aircraft in the USA. I am certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assurances on the airworthiness of SUAs such as ours. For the foregoing reasons, the ex emptions requested herein should be granted and I, Trevor J. Bauer shoul d be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this a pplication and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUASs may be used for legitimate commercial activities and under reasonably safe conditions

.