Aeromedia LLC

Attn: Robert Forrester 27 ALEXANDRIA RD MO RRISTOW N, NEWJERSEY 07960 aeromedia.llc@gmail.com

3 October 2015
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590

ATTN: FAA Administrator
Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203 (a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Aeromedia LLC , operator of Small Unmanned Aircraft Systems ( s UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated s UAS, provided such operations are conducted within and under the conditions outlined herein or as may be esta blished by the FAA as required by Section 333. Aeromedia LLC’s commercial operation of a s UAS, as described herein, which is equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including televis ion, public events, cinematography and newsgathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility i nfrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when t he local authorities or government has requested it by contract or donation.6. Training to persons individually or belonging to both private and/or public organizations to

increase awareness and improve safety for current and future s UAS operations withi n the National A ir S pace ( NAS )

. As described fully below, the requested exemption would permit the operation of designated s UAS as set forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of s UAS operations , provide a desired service to the public and provide an opportunity for a small business venture. Additionally, it would e nhance safety in providing comparable serv ices, which would aid in fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.” The name and address of the applicant is:
Aeromedia LLC Attn: Robert Forrester, Partner Ph: 973

- 906

- 2934 Email: aeromedia.llc@gmail.com Address: 27 Alexandria Rd, Morristown, NJ 07960 Regulations from which the exemption is requested are the following : 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) This exemption application is expressly submitted to fulfill Congress’ s goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of s UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:
• The s UAS’s size, weight, speed, and operational capability; • Operation of the s UAS in close proximity to airports and populated areas; and • Operation of the s UAS within visual line of sight of the operator. ( Reform Act § 333 ( b ) (1)

. )Lastly, if the Secretary determines that such vehicles “may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c). 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 §4 0101 of the Act, that includes s UASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under sub section (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).
Aeromedia LLC, plans to operate a s UAS, the commercially available and widely used DJI PHANTOM 3 Professional which is co mprised of an unmanned aircraft and a transportable ground station. The Phantom 3 is referred to as a quad

- copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The s UAS ha s a maximum airspeed of 16 m/s. The system can be flown both manually as well as by utilizing pre

- programed routines and waypoints. The system provides a live video stream from the s UAS to facilitate safe operation as well as requires all waypoints be flown manually prior to auto nomous flight to ensure a safe route. The ground station communicates with the s UAS for both operational control and video data utilizing a 2.4 GHz system that is FCC approved. Additionally, the system has numerous , redundant safety features to ensure safeflight. The system provides a live battery life feed and autonomously returns to “home” by internally computing a predetermined route when the battery life reaches a critical threshold , ensuring the s UAS does not run out of power mid

-flight and thereby pose a safety hazard

. A ll flights and battery cycles are recorded to ensure both the system and the batteries are in safe working order prior to all flights. The system also allows the operator to designate flight “not

-to

- exceed” parameters, such as altitude and distance, so th e s UAS can be kept within a safe operating envelope. Lastly, the system comes pre

- loaded with controlled airspace and no

-fly zones (such as airports, etc), to ensure the s UAS is operated in uncontrolled airspace. These airspace restrictions will also be verified via a VFR Raster Chart prior to arrival to any location. G iven the small size of the s UAS involved and the restricted operational area within which it will operate, th is applicati on fits within th e zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of s UASs to commence immediately. Also due to the size of the s UASs and the controlled areas in which the relevant s UASs will operate, approval of the application presents no national security issue and does “not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b).) Aeromedia LLC proposes that the exemption requested here in apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for an exceptional level of safety to operations. These limitations and conditions to which Aeromedia LLC agrees to be b ound when conducting commercial operations under an FAA issued exemption including:1. The s UAS will weigh less than 55 lbs.

2. Flights will be operated wi thin line of sight of operator in accordance with VFR rules and regulations 3. Maximum total fli ght time for each operational flight will be 30 minutes. 4. Flights will outside of: a. 5 nautical miles (NM) from an airport having an operational control tower or b. 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or c. 2 NM from an airport without a published instrument flight procedure or an operational tower; or d. 2 NM from a heliport with a published instrument flight procedure 5

. Flights will not be conducted in restricted airspace (such as over major cities, etc) 6. Flights will be operated at an altitu de of not more than 2 00 feet Above Ground Level (AGL ) 7

. s UAS operator will be trained in the proper safety and operations of the s UAS. 8 . The operator of the sUAS will utilize and comply with Aeromedia LLC’s operational checklists 9 . The operator of the sUAS will operate in compliance with the guidance provided within the operator’s manual of the sUAS 10 . The operator of the sUAS will only operate if the weather an d environmental conditions are within the safe operating guidelines as described in the operator’s manual of the sUAS 11 . The s UAS will only operate within a limited area as defined above

. 12 . The operator will have been trained in operation of s UAS generally and received up

-to

- date information on the particular s UAS to be operated as required. 13 . If the s UAS loses communications or loses its GPS signal, the s UAS will have capability to autonomously return to a pre

- determined location within the Se curity Perimeter utilizing a pre

programmed safe path and predetermined clear land ing zone

. 14 . The s UAS will have the capability to immediately abort a flight in case of unpredicted obstacles or emergencies. Specific justification for requested exempti ons are listed below: **14 C.F.R. Part 21, Subpart H: A irw**  **orthiness Certificates 14 C.F.R. §91.203 (a) (1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular s UAS. In all cases, an analysis of thes e criteria demonstrates that the s UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The s UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and opera tes exclusively within a predetermined area within line of sight of the operator. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than similaroperations utilizing conventional aircraft conducted with airworthiness certificates issued under

14 C.F.R. Part 21, Sub part H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the s UAS, due to its size, speed of operation, location 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 A ircraft**  The regulation requires:
Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the s UAS will have no airworthiness certificate, an exemption may be needed as the s UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §45.29 (f) where the pilot and others working with the UAV will see the identification of the s UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemption s Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.** Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations

**.** Because the s UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Pilot in Command ( PIC ) operating the aircraft to be fully trained in the safe operation of the s UAS. Unlike a conventional aircraft that carries the pilot and passengers, the s UAS is remotely controlled with no living thing on board and its operational area is extremely limited as previously described. The level of safety provided by the se conditions exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associ ated with the operation of the s UAS are so diminished from the level of risk associated with commercial operations contemplated by P art 61 when drafted, t hat allowing operations of the s UAS as requested exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). **14 C.F.R. §91.7(a): Civil aircraft airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for dete rmining airworthiness. Given the size of the aircraft, its extremely limited area of operation, the numerous redundant safety measures inherent in the s UAS and the use of the provided safety check lists prior to each flight, an equivalent level of safety w ill be provided. **14 C.F.R. § 91.9 (b) (2): Civil A ircraft Flight Manual in the A** **ircraft.**Section 91.9 (b) (2) provides:

No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not 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. The sUAS , 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 po int where the pilot flying the s UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 929 9A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be accomplished via the pre

-flight checklist provided . The PIC 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** : Section 91.103 provides 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.

s UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual contro ls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and sp eed of the aircraft. **14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person ope rating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a s UAS that is a helicopter and the exemption requests authority to operate at altitudes u p to 400 AGL, or at no more than 100 feet a bove and away from an elevated object, wh ichever higher , an exemption may be needed to allow such operations. As set forth herein, the s UAS will never operate at higher than 400 AGL or at an altitude greater than 100 feet above an elevated object and withi n 100 feet laterally from the elevated object

. Additionally, it will operate within the conditions previously described and in an area 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, speed of the s 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 filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL

. In addition, the low

- altitude operations of the s UAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 A ltimeter Settings**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator by utilizing the provided checklist and confirming that the system recognizes the launch site as zero feet AGL prior to flight and correctly increases as the sUAS is set to hover at the initial safety stop immediately upon flight initiation. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Section 91.151 (a) prohibits an individual from beginning “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 cruis ing 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.” The battery powering the sUAS provides approximately 23 minutes of powered flight. As such, it is impossible to meet the 30 minute reserve requirement in 14 CFR §91.151. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance wi th FAR 91.15 1 (a)). Operating the s UAS in a n extremely limited operational area where only people who have been notified and property owners or official representatives will be present with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the s UAS. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 15 % of battery power whichever happens first. This re striction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Additionally, the sUAS has an embedded failsafe in which it continuously calculates the power required to safely return to its point of origin and land (with an appropriate factor of safety) and will do so automatically if the threshold is breached. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R. §91.203 ( a) and (b): Carry**  **ing Civil A ircraft Certification and Registration** The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) 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 o r crew. The s UAS 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 sUAS. An equivalent level of safety wil l be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representat ive sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections** These regulations require that an aircraft operator or owner “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 of this chapter...,” and ot hers shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the operating instructions of the sUAS , manufacturer recommended maintenance procedures and the provided checklists. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a sma ll payload and operate in extremely limited operational areas for limited periods of time. If mechanical issues arise the s UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the checklists, the operator will ens ure that the s UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most fa miliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. **Summary** In summary, the applicant believes that the approval of described exemptions allowing Aeromedia LLC’s commercial operation of sUASs weighting less than 55 lbs. and in accordance with the strict conditions outlined above will provide at least an equivalent, if not elevated, level of safety. These lightweight aircraft operate at slow speeds, close to the ground, have numerous safety fai l

- safes, and are far safer than conventional operations conducted with traditional aircraft operating in close proximity to the ground and people. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and are prepared to modify or amend any part of this request to satisfy the need for an equivalentlevel of safety. W e look forward to working with your office. Please contact us at any time if

additional information or clarifications are needed.

Sincerely, Robert Forrester Partner, Aeromedia LLC