1

Ju ne 30 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE. Washington, DC 20590
Luke D. Wylie US Aerial Video Inc 185 Reibold Rd

. Renfrew, PA 16053 lukewylie@usaerialvideo.com (724) 321

- 9828 RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11
Dear Sir or Madam: US Aerial Video Inc. (USAV) located at 185 Reibold Rd. Renfrew, PA 16053 and Pur suant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, respectfully requests exemptions from several provisions of the Federal Aviation Regulations ("FAR"), specifically Section 333 which authorizes the FAA to determine: 1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and 2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for th e operation of unmanned aircraft systems identified under paragraph (1).
We request that USAV , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that USAV , may operate its small unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration USAV is owned and operated by Mr. Luke D. Wylie and he oversees all flight operations conducted at USAV. Mr. Wylie is an AT P rated commercial pilot with over 10,000 hours of flight time. Mr. Wylie also has been heavily involved in RC aircraft for over 20 years and multirotor systems for over 5 years. Mr. Wylie is currently enrolled in an FAA approved AQP airline training progr am. The substance of this request is essentially the same as that granted to CLOUD9DRONES Regulatory Docket No. FAA

- 2015

- 0591 and HAWAII COMMERCIAL DRONE OPERATONS LLP Regulatory Docket No FAA

- 2015

- 0846 in that USAV is engaged in aerial photography of s tructures and property using similar lightweight, remote controlled UAS's.
USAV requests the exemption to allow the operation of filming of towers and structures , real estate and construction sites below 400’ AGL

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USAV ’s exemption would permit its operati on of lightweight, unmanned (remotely controlled in line of sight) UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, sectioned off locations will allow USAV to operate within current safety parameters and new ones bei ng implemented. S imilar lightweight, remote controlled UAS's are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent mishaps.
USAV operates a fleet of multicopter platforms in cluding the 3D Robotics X8+, 3D Robotics IRIS+, DJI Phantom 3 and DJI S1000 + . All of these platforms are currently being operated under section 333 exemptions. USAV is very familiar with the 3D Robotics and DJI platform s and operating system s

. USAV ’s operation of its fleet of sm all unmanned aircraft will not create a hazard to users of the national airspace system or the pub lic. Given the small size and weight of USAV UAS's, combined with their operation in cordoned off a nd well

- controlled areas, USAV fleet falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Indeed, USAV UAS's have a demonstrable safety record and do not pose any threat to the general public or national security

. Granting USAV an exemption substantially furthers the public's interest in ways known and curr ently unknown. USAV aims to provide services that will further many ind ustries and help improve safety.
USAV provides a level of safety at least equal to existing rules, and will operate under the following conditions as set forth in previously issued exemptions:
1. O perations will be limited to the 3D Robotics X8+, 3D Robotics Iris+, DJI Phantom 3 and DJI S1000+ when weighing less than 55 pounds including payload. 2. There will be no operations for the purpose of closed

- set motion picture and television 3. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour) and no case will the UAS be operated at airspeeds greater than the maximum UA S operating airspeed recommended by the aircraft manufacturer. 4. The UAS will not be operated at an altitude of more than 400 feet above ground level (AGL). 5. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. 6. All operations will utilize a visual observer (VO). The UAS will be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirem ent as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC wi ll ensure that the VO can perform the duties required of the VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents will be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the proce dures outlined in the operating documents, the conditions and limitations herein take precedence and will be followed. Otherwise, the operator will follow the procedures as outlined in its operating documents.3

8. We understand it is the operator’s respo nsibility to track revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator will also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator will petition for an amendment to its grant of exemption. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights will only be conducted by a PI C with a VO and will remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator will be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection will account f or all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performe d and the UAS is found to be in a condition for safe flight. 11. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption will comply with all manufacturer safety bulletins. 13. Under this grant of exemption, a PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will 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 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.
The PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b) . Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are con sidered nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conduct ed under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.4

16. The UAS will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA i ssued to the exemption holder. The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request. 17. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 18. If the UAS loses communications or loses its GPS signal, the UAS will return to a pre

- determined location within the private or controlled

- access property. 19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 21. All operations will be conducted in accordance with an ATO

- issued COA. 22. All aircraft operated in accordanc e with this 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.
23. Documents use d by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request. 24. The UAS will remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS will not be operated by the PIC from any moving device or vehicle. 26. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are prese nt that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operatin g closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations will be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.5

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

Regulations from which exemption is requested:
14 CFR Part 2 1, 14 C.F.R. 45.23(b), 14 CFR 61.113 (a) & (b), 14 C.F.R. 91.7 (a), 14 CFR 91.9 (b) (2), 14 C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F. R. 91.119, 14 C.F.R. 91.121, 14 CFR 91.151 (a), 14 CFR 91.203 (a) & (b), 14 CFR 91.405 (a), 14 CFR 407 (a) (1), 14 CFR 409 (a) (2), 14 CFR 417 (a) & (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) The UAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and observer, pursuant to the Manual’s policies, and under and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional infrastructure and construction inspections and business operations. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with infrastructure and construction inspections and business operations, provide a greater degree of safety to the public and property owners than conventional operati ons conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, lo cation of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in comp liance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental. ” 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. USAV will require all operators to possess at least a recreational pilot’s license and possess at least a 3rd class medical. All operators at USAV are personally trained by Luke D. Wylie to a level proficient with a pilot that has years of experience operating under Part. 121 and Part 135 training programs.6

14 C.F.R. §91.7(a): Civil aircraft airworthiness. All USAV UAS will only be operated when in an airworthy condition. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety checklists prior to each flight, as set forth, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Ai rcraft Flight Manual in the Aircraft. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such
an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. 14 C.F.R. § 91.103: Preflight action The operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction All flight instruction will be accomplished by the use of a dual control setup know as a “buddy box”. This allows a dual control setup similar to dual controls on a conventional training aircraft. The trainer can take over the controls at any time during a training event. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 14 C.F.R. §91.119: Minimum safe altitudes The UAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without their pre

obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the mission, a ll affected individuals will be aware of the planned flight operations. 14 C.F.R. §91.121 Altimeter Settings
USAV UAS’s do not have a conventional altimeter s but a GPS altitude reporting system. An equivalent level of safety will be achieved by the ope rator, pursuant to the Manual and safety checklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The battery powering the UAS provide s approximately 30 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its p roposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.7

USAV believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
The UA S fully loaded weighs no more than 55 lbs

. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections
M aintenance will be accomplished by USAV pursuant to the flight manual. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: USAV seeks an exemption from the following regulations: 14 CFR Part 21, 14 C.F.R. 45.23(b), 14 CFR 61.113 (a) & (b), 14 C.F.R. 91.7 (a), 14 CFR 91.9 (b) (2), 14 C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F. R. 91.119, 14 C.F.R. 91.121 , 14 CFR 91.151 (a), 14 CFR 91.203 (a) & (b), 14 CFR 91.405 (a), 14 CFR 407 (a) (1), 14 CFR 409 (a) (2), 14 CFR 417 (a) & (b) The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equiva lent level of safety supporting the grant of the exemptions requested herein, including exempting USAV from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a ste rile enviro nment and, as a result, are very safe to operate.

Respectfully submitted,

Luke D. Wylie
US Aerial Video Inc. 185 Reibold Rd. Renfrew, PA 16053 lukewylie@usaerialvideo.com Attachments note: For the sake of brevity I have withheld the consumer user manual PDFs for the above mentioned multicopters as I am sure you have many copies and attachments of said manuals.8