Spark Aerial Inc.

311 4th Avenue, Unit 309

San Diego, CA, 92101

(650)­823­5345

admin@sparkaerial.com

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA­2014­0481 in the matter of the

petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the

petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA­2014­0355 in the matter of the

petition of FLYING CAM INC

Attachments: 1) Phantom 2 Vision+ User Manual V1.6 2014­11­12

2) Phantom 2 Vision Plus (Quick Start Guide) 2014­11­18

3) Phantom pilot training guide V1.1 2014­04­07

4) Inspire 1 User Manual

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under

section 333 of the FAA Modernization and Reform Act of 2012, Spark Aerial Inc.​, referred to

hereafter as the petitioner, request exemption from the following sections of Title 14, Code of

Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1);

91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial

photography, cinematography, videography, mapping, crop surveying, inspections and other

flight operations that could be performed safely and more cost effectively with the use of small

UAS at low altitude within the U.S. national airspace system as compared to a manned

aircraft. Operations will be performed only at the request of and with the authorization and

permission of clients or their authorized agents in order to facilitate commerce and raise

awareness of the beneficial uses of small unmanned air systems. So long as such operations

are conducted within and under the conditions outlined herein or as may be established by
the FAA as required by Section 333. The conditions identified and proposed by the petitioner

are drawn from references 1­3.

About the Petitioner

Spark Aerial Inc.​is the brainchild of three engineering graduates from The University of

California, San Diego. With a heavy background in software engineering and design as well

as model aeronautics, the emerging world of sUAS represents a clear and exciting future for

all of our founding members.

The FARs

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); ​The petitioner requests relief in order to facilitate the utilization of pilots, who

hold a SPORT PILOT (or greater) certificate. Any pilots operating under this exemption would

be required to comply with any conditions as set forth and in a similar fashion to the

previously granted exemptions.

91.119(c) ​As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted

closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to

essential persons, or objects that would not be possible without additional relief. The

petitioner requests modification, waiver or exemption and clarification concerning the terms

“congested areas” and “densely populated”. The petitioner requests waiver for this condition

to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if

required. 91.121 ​As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable

since the UAS does not have an altimeter and instead utilizes electronic GPS with a

barometric sensor for altitude information.

91.151(a) ​As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC)

prior relief has been granted for manned aircraft to operate at less than the prescribed

minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS­specific

relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR

conditions. The UAS provides battery power remaining in percent to the PIC. The UA

batteries provide approximately 25 minutes of powered flight. Information provided in the

operating documents discusses procedures regarding remaining battery power management.

Those documents contain a condition in which the PIC will initiate a landing procedure when

battery remaining reaches a specified level. Given the limitations on proposed operations and

the location of those proposed operations, The FAA found that a reduced minimum power

reserve for flight in daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)​As discussed in Exemption

11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is
in a condition for safe flight in accordance with the operating documents. The FAA found that

adherence to the petitioner’s operating documents and the conditions and limitations

specified, describing the requirements for maintenance, inspection, and recordkeeping, were

sufficient to ensure that safety would not be adversely affected.

The Unmanned Systems

The DJI Phantom 2 vision plus​is a highly successful consumer grade small rotorcraft in the

quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) designed

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less

than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It

is powered by four electric motors with a distance between motors of less than 14 inches

(350mm) It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor

augmented with global positioning system (GPS) to maintain its geospatial orientation and

position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time

video and telemetry information is transmitted back to a ground control station allowing the

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance

from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for

either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and

maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to

approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and

external lighting cues before reaching a low battery state. An automatic termination of flight

and landing will be initiated when the battery reaches a predetermined low state. It is

anticipated that flights will usually last less than 10 minutes. More information is available in

attachment 1 or http://www.dji.com/product/phantom­2­vision­plus

The DJI Inspire 1 ​is a similar system to the Phantom 2 Vision plus, with all of the same safety

features and camera capabilities augmented with a more robust flight plane and a higher

definitiion camera. Despite these additions, the system falls well below the FAA’s prescribed

55lbs weight threshold. More information is available in attachment (4), or here:

http://www.dji.com/product/inspire­1/spec

Finally, the DJI S1000 ​aircraft system is a larger aircraft capable of lifting slightly heavier

payloads, never to exceed 17 lbs total take off weight. Despite this larger system, it retains all

the same safety features of the Inspire 1 and the Phantom Vision 2 +. It utilizes an internal

inertial measuring unit (IMU) with integrated barometric sensor augmented with global

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry

information is transmitted back to a ground control station allowing the operator and/or PIC to

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera

imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or

GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can

be preprogrammed by the PIC. Battery life limits flight times to approximately 15 minutes. The
onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated

when the battery reaches a predetermined low state. It is anticipated that flights will usually

last less than 7 minutes. More information is available here:

http://www.dji.com/product/spreading­wings­s1000/spec

Mitigating Risk

The petitioner has reviewed FAA exemptions reference’s 1­3 Conditions and Limitations

section and believes that the procedures specified therein are reasonable and will be utilized

in order to manage and mitigate risk and ensure public safety. A preflight checklist will be

developed and employed to ensure that the UA airworthiness will be verified before launch.

Airworthiness will be maintained by performance of routine inspections before each flight,

maintaining flight and maintenance logs to record time on failure­prone components. The

petitioner request that in a manner similar to reference 3, we be allowed to operate within 5

miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without written approval from the FAA.

The UA may not operate within 5 nautical miles of the geographic center of a nontowered

airport as denoted on a current FAA­published aeronautical chart unless a letter of agreement

with that airport’s management is obtained, and the operation is conducted in accordance with

a NOTAM as required by the operator’s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is

requesting a mechanism to facilitate such activities without requesting a new and separate

exemption(s) should the need arise. Operations within class B airspace are not requested due

to the lack of mode C transponder.

The Public Interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircraft of

greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order

to facilitate commerce will lead to economic growth. Operations for this petition will enable

service for property owners or their designees seeking an enhanced perspective for

characteristics, amenities, and benefits of their desired photographic subjects that cannot be

displayed through ground level videography/photography. Aerial photography is a valuable

marketing tool that can lead to increased commerce and enhance personal photography.

Crop surveying applications could lead to decreased use of pesticides and fertilizer and

conservation of water as well as increased crop yields and decreased costs. Aerial surveying

and inspections can increase work site efficiency, improve volumetric estimations and reduce

risks. The petitioner will provide clients with photographic data for these purposes on a ‘for
hire’ basis acting as an independent contractor. A visual observer will be utilized. Liability

insurance has already been obtained commensurate with the granting of this request for

exemption. Flight data including UA flight time, Control Unit operation time, incident, accident,

and details concerning any deviations from normal operations will be available to FAA for use

in collecting data regarding the use of UAS as part of this application. This data may be

submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as

required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography,

cinematography, videography, mapping, crop surveying, inspections and other flight

operations”. The reason for such a general and broad based request is that the petitioner

wishes to utilize a business strategy of horizontal integration and maximize economies of

scope in order to capitalize on opportunities as they may arise in the future without the long

turnaround time associated with additional exemption requests. The petitioner's business

model is based on the idea of offering ad hoc small UAS services to individuals or companies

who wish to employ these services as a safe, effective, and legal option to enhance their

business or hobby. The petitioner’s own market research shows incredible demand for these

services currently exists in the real estate market and other markets are just beginning to

emerge. Although videography and photography are included in the request, the primary

objective will be aerial survey of construction combined with industry leading software to

create precise estimations. The petitioner has identified universities and other agencies that

could benefit from the operation requested in this application. A quick internet search will

show that many are currently operating similar UAS in exactly this fashion without, it is

assumed, FAA authorization. The primary purpose of seeking this exemption is to obtain the

capability to offer those services while remaining in compliance. The individuals that make up

Spark Aerial Inc. ​are aviation enthusiasts, and have been pursuing Remote Control Aviation

for much of their lives. Our CEO, Radley Angelo, began flying R/C aircraft at the age of nine

years old and has been an active member of the Academy of Model Aeronautics (AMA) ever

since. The economic, research and development and creative applications for these devices

is nearly limitless, and our pursuit of an FAA exemption represents our first formal step to

making this dream a reality.

Respectfully Submitted,

Spark Aerial Inc.