April 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our 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, Lyft Aerial, a full service video production company, hereby applies for

an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of

our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the

Federal Aviation Administration (FAA) so long as such operations are conducted with and

under the conditions outlined herein or as may be established by the FAA as required by

Section 333.

The requested exemption would permit Lyft Aerial to pursue its commercial interests in

providing services to clients using a small advanced sUAV in the following areas:

• Real Estate

• Marketing

• Surveying

• Industrial

• Surveying

• Special Events

Lyft Aerial states that all sUAS flights will occur over private or controlled access property will

do so with the property owner’s consent and knowledge and that only people who have

consented or otherwise have agreed to be in the area where videography will take place.

Regulations from which exemption is requested:

14 C.F.R. Part 21
14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (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

sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a

much smaller environmental impact which promotes public safety.

This exemption would permit commercial operation by Lyft Aerial, which uses DJI’s Phantom,

Inspire 1, and S1000 to conduct sUAS education, real estate photography, and videography,

film and movie production, and demonstration flights. Lyft Aerial’s operation under the

exemption will be subject to strict operating requirements and conditions to ensure an

equivalent level of safety to currently authorized operations using manned aircraft and under

conditions as may be modified by the FAA as required by Section 333.2

These specifications meet with the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line­of­sight of a pilot and/or observer and will

operate at sites that are ‘sufficient distance’ from populated areas within the sterile area

described in the FOPM. Such operations will ensure that the sUAS will “not create a hazard to

users of the national airspace system or the public.”

• When flying the sUAS within three (3) miles of an airport, airport operators will be notified

and the operator will give the right­of­way to avoid flying in the proximity of full­scale aircraft.

Maximum flight time for each operation will be 30 minutes.

• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight

time to safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet

AGL, and not more than 200 feet above an elevated platform from which videography is

planned.
• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, and

the camera operator.

• The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e.

camera, lens, and stabilized 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 it will

operate, Lyft Aerial’s operations adhere to the Reform Act’s safety requirements.

Under the requested exemption, Lyft Aerial ensures all operators have completed sUAS

education and training programs including all applicable regulations and guidance documents;

including aeronautical background information such as charts, NOTAMS and Aircraft

Circulars; Radio Communications Procedures; Human Factors and Crew Resource

Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decision­making

and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Lyft Aerial to operate

efficient, limited, low­risk commercial sUAS operations for the activities stated respecting at all

times the space and privacy of citizens and property while keeping airspace safe.

Sincerely submitted,

Kevin Whatley

Kevin Whatley

Lyft Aerial

1401 Sunny Meadows Loop

Georgetown, Texas 78626

512­522­3951
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Lyft Aerial requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the DJI Phantom 3 under either, or both, of

the following provisions: 21.191 Experimental certificates. Experimental certificates are issued

for the following purposes:

(a) Research and development.​Testing 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 compliance with the airworthiness regulations including 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 demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well. The aircraft will not

carry persons or property, will not carry fuel, and will only fly under strict operational

requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber

and plastic, we 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 aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can

be placed, and may not have a registration number assigned to it by the FAA. We propose 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, VO and others in the vicinity of the

aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel

that the permanent placard discussed in the previous paragraph will provide the aircraft's

registration information at the ground station. Finally, we will display at the ground station a

high 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 privileges and limitations.

The regulation provides that no person who 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 property for compensation or hire. Our proposed operations require that the

PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft

cannot carry passengers or property, we feel we 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 certificate will be applicable in the form 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 aircraft. We assume that the intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. We 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 operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved

sUAS Flight Manual must be available to the crew at the ground 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 states "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The sUAS System

ground­based control station consists of a hand­held radio transmitter and while it does not

offer a second set of "controls", both the student and instructor can, and will, operate the

single set of controls simultaneously. With both student and instructor having "hands­on" the

controls during flight, this technique meets the intent 91.109 and provides an equivalent level

of safety.

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 persons, 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 pre­planned has
been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an

emergency landing without undue hazard to persons or property on the surface. Therefore we

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.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available 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 takeoff point is transmitted

via radio from the sUAS on­board 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 dayvFR

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. We 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 duration of flight from a single battery charge is 12 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 reserve energy requirement of this

paragraph. We 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 certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew." 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 crew. To obtain an equivalent level of safety and meet the

intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA

will be co­located with the crew at the ground control station and available for inspection upon

request. In order to identify the aircraft, we propose that the information found on

airworthiness and registration certificates be permanently affixed 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 responsible 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 inspection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return

to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed 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 on­board computer. All

other maintenance will be performed 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 ensure an equivalent level of

safety.