Saturday,	August	8,	2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12- 140 1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 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)

Dear Sir or Madam, I am em ployed by the U.S. Department of Agriculture; therefore I am naturally in contact with many local farmers, and agriculture advocates throughout the Central Valley of California. I have helped many farmers discover problem areas in their crops with aerial imagery. I also have peers in the real estate industry, which have b ene fi ted from my aerial photography. The aerial images help potential homebuyers to view high definition images of the entire property. I also intend on helping local construction companies during large projects for surveying and inspection. My employer (U.S Department of Agriculture) is not affiliated with Aerial Concepts and or any of the conducted flight operations. Closed-Set filming will not be conducted.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Derek Celedon, operator of Aer ial Concepts/Small UAS equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 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.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive small UAS under controlled conditions in the NAS that is 1) limited 2) predetermined 3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill 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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Derek Celedon

5965 E Via Miralago Dr Fresno, CA 93727Saturday,	August	8,	2015

derekhceledon@hotmail.com

Re gulations from which the exemption is requested:

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’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transport ation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is require d t o determine which types of small 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 small UAS’s size, weight, speed, and operational capability;

• Operation of the s mall UAS in close proximity to airports and populated

areas

• Operation of the s mall UAS within visual line of sight of the operator.

Reform Act § 333 (a). 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) (emphasis added).Saturday,	August	8,	2015

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 §40101 of the Act,that includes s mall 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 subsection (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).

Derek Celedon of Aerial Concepts owns a DJI inspire 1 sm a ll UAS rotorcraft, weighting 55 or fewer lbs. including payload. The UAS operates under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. Aerial Concepts will operate only in line of sight and will operate only within a predetermined and closed off property area under the permission of the property representative. Closed-Set filming will not be conducted.

Such operations will insure that the s mall UAS will “not create a hazard to users of the national airspace system or the public. Such operations will insure that the s mall UAS will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 333 (b).

Given the small size of the small UASs involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of small UAS to commence immediately. Also due to the size of the small UAS and the restricted areas in which the relevant small UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowin g s mall UAS for commercial photography and videography operations, the grant of the requested exemptions is in the public interest.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed

. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because theSaturday,	August	8,	2015

proposed operations are conduc ted on closed off property under the permission of the property owner or property representative.

These limitations and c onditions to which Derek Celedon of Aerial Concepts agrees to be bound when conducting commercial operations under an FAA issued exemp tion include:

1. The s mall UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for ea ch operational flight will be an average of 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 2 0 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operatio n will consist of the s mall UAS Pilot, and the Visual Observer. 6. S mall UAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they h ave a minimum of 40 hours of flight time with the s mall UAS. 7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation. 8. A briefing will be conducted i n regard to the planned s mall UAS operations prior to each day’s production activities. It will be mandatory that all personnel involved with the operational duties of the flight within the boundaries of the safety perimeter be present for this briefing. 9. The operator will file an FAA Form 7711

- 1, or its equivalen t, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office. 10. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. With the advanced permission of the relevant FSDO, operations at closer range can be approved 11. The operator will file an FAA Fo rm 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the Flight Standards District Office ("FSDO"). 12. Pilot and observer will have been trained in operation of s mall UAS generally and received up

- to

- date information on the par ticular s mall UAS to be operated. 13. T he PIC will hold a (sport) pilot certificate or greater. Pilot and Observer will be in communicaiton at all times.Saturday,	August	8,	2015

15. Written and/or oral permission from the relevant property holders or property representatives will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmen tal agencies.

17. If the s mall UAS loses communications or loses its GPS signal, the s mall UAS is programmed to return to a pre

- determined location within the Security Perimeter and land autonomously.

18.The s mall UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the p rocedural 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 airworthin ess certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular s mall UAS. In all cases, an analysis of these criteria demonstrates that the s mall UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The s mall UAS to be operated here under 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. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done w ith conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the p ublic and property owners than conventional operations 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 posedSaturday,	August	8,	2015

by the s mall 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 Aircraft

The regulation require s:

When 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 aircra ft 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 mall UAS will have no airworthiness certificate, an exemption may be needed as the s mall 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 s mall UAV, two

- inch lettering will be impossi ble. 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 s mall UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the s mall UAS will see the identification of the s mall UAS as “Experimental.” The FAA has issued the following

E xemptions to t his regulation to Exemptions Nos . 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges an d Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilo ts to non

- commercial operations

. Because the s mall UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operati ons by requiring the PIC operating the aircraft to have no less than 40 hours of flight time with the s mall UAS. Unlike a conventional aircraft that carries the pilot and passengers, the s mall UAS is remotely contro lled with no living person or thing on bo ard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.Saturday,	August	8,	2015

The regulation requires that no person may operate a civil aircraft unless it is in airwort hy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for main tenance and use of safety che ck lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registe red 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, an d placards, or any combination there of.

The s mall 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 s mall UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 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 sa fety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. 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:

5

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.Saturday,	August	8,	2015

S mall 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 communicat ions. The FAA has approved exemptions for flight training without fully functional dual controls 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 f act 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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) all ows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a s mall UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the s mall UAS will never operate at higher than 400 AGL with the exception that in circumstances where the s mall UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the s mall UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with 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, speed of the s m all 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 indivi duals 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 the movie industry. In addition, the low

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

- UAS operations and the operations of conve ntional aircraft that must comply with Section91.119.

14 C.F.R. §91.121 Altimeter 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 s mall UAS may not have a barometric altimeter, but instead a GPS altitude read o ut, an exemption may be needed. An equivalent level ofSaturday,	August	8,	2015

safety w ill be achieved by the operator; pursuant to the safety check list and live flight data monitoring, 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

Section 91.15 1 (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 cruising 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 s mall UAS provides approximately 2 0 minutes of powered flight. To meet the 2 0 minute reserve requirement in 14 CFR §91.151, s mall UAS flights wou ld be limited to approximately 15 minutes in length. Given the limitations on the s mall UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

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 with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks th at Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting s mall UAS flights to 15 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalen t level of safety can be ach ieved by limiting flights to 15 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the s mall UAS to its planned landing zone from anywhere in its limited operating ar ea.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Excep t 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.Saturday,	August	8,	2015

(b) No person may operate a civil aircraft unless the airworthiness certificate required b y 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 or crew.

The s mall UAS fully loaded weighs no more than 55 lbs

. and is operated withou t an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the s mall UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where th e pilot flying the s mall UAS will have immediate access to them, to the extent they are applicable to the s mall UAS. The FAA has issued numerous exemptions to this regulation. A representative 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 prescrib ed in part 43 of this chapter ,” and others shall inspect or maintain the aircraft in compliance with Part43.

Given that these section and Part 43 apply only to aircraft wit h an airworthiness certificate, these sections w ill not apply to the applicant. M aintenance on the small UAS will be conducted by Derek Celedon, the operator . The standards and guidelines of th e maintenance will be to manufacturer recommendations . An equivalent level of safety will be achieved becau se these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mech anical issues arise the s mall UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the

s mall UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any m aintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the s mall UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ensure that the s mall UAS is in working order pr ior to initiating flight and perform required maintenance needed.Saturday,	August	8,	2015

Additional Views and Information

Of the applicant, Derek Celedon has been involved in the building and piloting of remote controlled vehicles for more than 10 years

. An A rmy Veteran and Go vernment employee, who withholds the highest standards of integrity following rules and regulations.

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:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b );14 C.F.R. §§ 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) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in motion picture, television, and commercial videography operations.

Approval of exemptions allowing commercial operations of s mall UASs in the agriculture, real estate, and construction industry will enhance safety by

r educing risk. Conventional a erial photography operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters.) Such aircraft must fly to and from the film location. In contrast, a s mall UAS weighing fewer than 55 lbs. and powered by batteries eliminates virt ually all of that risk given the reduced mass and lack of combustible fuel carried on board. The s mall UAS is carried to the job site . The s mall UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned a ircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the appli cant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground but under 400 feet AGL, and in a sterile environment and, as a result, are far safer than conventional flight o perations conducted with turbine helicopters operating in close proximity to the ground and people.

PrivacySaturday,	August	8,	2015

All flights will occur over private or controlled access property with the property representative or owner’s prior consent and knowledge. Filming will be of people and or property who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.

All flights will occur in accordance with any state or local laws regarding privacy. Closed-set filming will not be conducted.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification fo r the grant of the requested exemptions allowing commercial operation of applicant’s s mall UAS in the agriculture

, real estate, and construction photography and videography industry.

Respectfully,

Derek Celedon

Owner/UAV Operator

Aerial Concepts

derekhceledon@hotmail.com

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