U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

October 16th, 2014 

ArchAe rial 

Capture the most of your world 

Arch Aerial, LLC 

30707 McKinney Dr. 

Tomball, TX 77375 

(281) 974- 5752 

RE: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 of 

the Federal Aviation Regulations 

To Whom It May Concern: 

Pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012 ("FAA 

Reform Acf') and 14 C.F.R. Part 11, Arch Aerial LLC (AALLC) requests an exemption 

from Federal Aviation Regulations ("F ARs") detailed below for the Arch Aerial OCTO 

multi-rotor aircraft. Arch Aerial would like to specifically request exemptions from 14 

CFR 21, 14 CFR 91.203, 14 CFR 45.23, 14 CFR 45.29, 14 CFR 91.9, 14 CFR 61.113, 14 

CFR 61.133, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR 

Subpart E (91.401- 91.417), FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 

16(e)(l). These regulations will be listed in an itemized form below. 

14 CFR21 

14 CFR 91.203 

14 CFR45.23 

14 CFR45.29 

14 CFR 91.9 

14 CFR 61.113 

14 CFR 61.133 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 

The Arch Aerial OCTO is an eight-rotor UAS that weighs 7.0 pounds, and is operated 

using a radio control 2.4 GHz transmitter, and monitored using an Android or Windowsbased ground control station, connected via radio telemetry in the 915 MGHz band. The 

AALLC Section 333 Exemption Request 

October 16, 2014 

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Arch Aerial OCTO can carry a payload of up to 13 pounds, and has been operated with a 

payload of high-resolution DSLR cameras, infrared cameras, and video cameras for 

photography, videography, geospatial analysis and photogrammetry. This request for an 

exemption would support a COA application to use the Arch Aerial OCTO multi-rotor 

UAS for agricultural survey, film production, property survey, aerial photography, 

pipeline survey, and for monitoring damage in the event of a natural disaster. 

AALLC has extensive operational experience in the United States and abroad, and 

designed the AALLC OCTO for topographic survey and aerial mapping. AALLC staff 

members have assisted American research institutions abroad in survey and supplemental 

aerial photography. 1 AALLC is requesting this exemption in order to operate the AALLC 

OCTO for low-altitude aerial photography in unpopulated areas for primarily precision 

agricultural survey and property survey. 

The FAA recently granted 6 companies an exemption to use small UAS to film for movie 

and TV production companies. 2 AALLC is also requesting this exemption to use the 

AALLC OCTO to film and photograph for movie and TV production companies, and 

asserts that the AALLC OCTO is as safe, if not safer than the platforms in use by these 

companies. 

The presence of UAS and their integration into the NAS has been in the public eye for 

quite some time now, and both the private and public sectors have shown a significant 

amount of interest in paving the way for safe and responsible UAS operation. AALLC is 

fully committed to this mission, and desires to operate small AALLC UAS for both 

research and commercial purposes using the Flight Restrictions (FRs) listed below. 

The Arch Aerial OCTO will be operated in accordance with the following FRs: 

• Flight operations will occur only in Class E or Class G airspace 

• Flight operations will occur at no more than 400 feet above ground level 

• Flight operations will occur using an electric power source 

• Flight operations will not risk the safety of the PIC or VO, or fly over any 

members of the general public 

• Flight operations will avoid congested or populated areas, which the FAA 

designates as yellow on VFR charts 

• Flight operations will be operated within VLOS, with one PIC and one groundbased VO within an audible distance of the PIC 

• Flight operations will occur only during daylight hours 

• Flight operations will not be conducted within a 5 NM radius from the center of 

any FAA designated airport 

• Flight operations will only be conducted with permission from the land owner 

• Flight operations will comply with all NOT AMs and TFRs 

1 http:/ jwww.dayofarchaeology.com/tag/arch-aerial-llc/ 

2 https:/ jwww.faa.gov fnewsjpress_releasesjnews_story.cfm?newsld=17194 

AALLC Section 333 Exemption Request 2 of8 

October 16, 2014 
AALLC is submitting this petition on its own behalf. If the FAA requires any 

modifications to our Arch Aerial OCTO exemption request, Arch Aerial requests the 

opportunity to amend this petition to include any modifications the FAA may require 

before granting or rejecting the petition for exemption. Arch Aerial will amend its 

petition to meet any additional standards for the integration of small UAS operation into 

theNAS. 

AALLC also requests that the FAA keep materials labeled "Confidential" from the public 

record for the purpose of maintaining our intellectual property. 

rbaker@archaerial.com 

(281) 974- 5752 

30707 McKinney Dr. 

Tomball, TX 77375 

ATTACHED: 

Exemption Requests 

Arch Aerial OCTO Manual 

Monthly Maintenance Inspection Checklist 

Arch Aerial OCTO Go-For-Flight Pre-Flight Checklist 

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EXEMPTION REQUESTS 

AALLC requests exemption for the following statutes: 

14CFR21 

14 CFR 91.203 

14 CFR45.23 

14CFR45.29 

14 CFR91.9 

14 CFR 61.113 

14 CFR 61.133 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 

14 CFR 211 Airworthiness Certificates 

AALLC requests an exemption from Section 14 CRF Part 21 which requires the issuance 

of an Airworthiness Certificate for flight operation, while the FAA is still carrying out 

research and development for UAS standards and regulation. 

AALLC's OCTO multi-rotor aircraft weights only approximately 7.0 pounds, and can 

carry a maximum payload of up to 13 pounds. It will not carry fuel or passengers, and 

will obey the operational requirements (FRs) outlined in the introduction to this 

exemption petition. The AALLC OCTO can travel at most 0.5 NM from launch due to 

power supply constraints and forward speed limitations. We assert that the AALLC 

OCTO, as compared to manned aircraft, significantly reduces the risk to crew, 

passengers, property, and the general public due its small size, limited range, and FR 

outlined above. 

In the event that the FAA requires AALLC to obtain an Experimental Airworthiness 

Certificate or traditional Airworthiness Certificate in order to receive an exemption from 

Section 333, AALLC requests an opportunity to pursue such a certification. 

14 CFR 91.203 I Civil Aircraft; Certifications Required 

Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness 

Certificate. The subsection (b) further states that the Airworthiness Certificate should be 

"displayed at the cabin or cockpit entrance so that it is legible to passengers or crew". 

The AALLC OCTO has requested an exemption in the previous section (14 CFR 21 I 

Airworthiness Certificates). In the event that the FAA required AALLC to obtain an 

experimental Airworthiness Certificate, AALLC would pursue such a certification and 

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keep the relevant information on the ground with the PIC and VO at their designated 

ground station. 

Subsection (b) does not apply to the AALLC OCTO, as it does not carry passengers or 

crew, or have a "cockpit" entrance. AALLC proposes mounting the AALLC 

identification information (mailing address, phone number, COA ID Number, or any 

other information deemed relevant to the FAA) and the UAS identification information 

(UAS unique number issued by AALLC, and Airworthiness Certificate information if 

required) on a visible exterior surface of the AALLC OCTO. 

14 CFR 45.23 1 Display of marks; general. 

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display 

the registration number on the side of the aircraft, and at various positions "near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high". 

AALLC's OCTO does not have a cabin, cockpit, passengers or crew, and as such has no 

means of mounting it to these structures. AALLC proposes that it keeps identification 

information and an AALLC OCTO manual with the PIC and VO at the ground station. 

AALLC also proposes that in place of the markings required by 14 CFR 45.23, it keeps 

registration information and the AALLC mailing address; email address, and phone 

number permanently affixed to a visible exterior surface of the AALLC OCTO. 

14 CFR 45.291 Size of marks. 

Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the 

markings noted in 14 CFR 45.23. Subsection (b) section (iii) states that "Marks at least 3 

inches high may be displayed on an aircraft for which the FAA has issued an 

experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 21.191 (i) of this chapter to 

operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft when 

the maximum cruising speed of the aircraft does not exceed 180 knots CAS". 

AALLC proposes that the mounted identification information listed in the previous two 

sections will be sufficient for identification for the AALLC OCTO. As the OCTO is only 

7.0 pounds and does not have the space on board to post 3 inch letters, we propose that 

AALLC keeps registration information and the AALLC identification information 

(mailing address, email address, phone number, or any other information the FAA deems 

relevant for identification purposes) permanently affixed to a visible exterior surface of 

the AALLC OCTO and with the PIC and VO on the ground. 

14 CFR 91.91 Civil aircraft flight manual, marking, and placard requirements. 

Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on 

board the aircraft during operation. 

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AALLC requests an exemption from this section as the AALLC OCTO does not carry 

passengers or crew and would not benefit from keeping a Flight Manual on board the 

aircraft during operation. AALLC will keep a Flight Manual with the PIC and VO at the 

ground station. 

14 CFR 61.113 1 Private pilot privileges and limitations: Pilot in command and 14 

CFR 61.133 I Commercial pilot privileges and limitations. 

14 CFR 61.113 stipulates, ''No person who holds a private pilot certificate may act PIC 

that is carrying passengers or property for compensation or hire". Subsection (b) of this 

part stipulates that the PIC may conduct flight 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." 

As AALLC requests that the AALLC OCTO be operated with only ground school and a 

passing score on the FAA Written Examination, AALLC requests that the AALLC 

OCTO be allowed to operate for compensation or hire to complete market research for 

use for agricultural survey, pipeline survey, oil rig survey, monitoring damage or 

movement of environmentally sensitive materials in the event of an environmental 

disaster, property survey, film production, and aerial photography. Considering that the 

AALLC OCTO does not carry passengers or property, and there is no equivalent flight 

certification for UAS PICs and VOs, AALLC requests that the PIC and VO be required 

to complete only an FAA approved ground school program and pass the FAA Written 

Examination. 

14 CFR 91.1091 Flight instruction; Simulated instrument flight and certain flight 

tests. 

14 CFR 91.109 stipulates, "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." 

AALLC requests an exemption from this part, as the AALLC OCTO uses on board 

software and a small RC transmitter for flight operation, which can accommodate 

"Instructor" override with the correct RC transmitter. We feel that this override, along 

with training within VLOS for the PIC, VO, student, and instructor, is sufficient for the 

operation of AALLC OCTO UAS. 

14 CFR 91.1191 Minimum safe altitudes: General. 

14 CFR 91.119 requires that the PIC operate at " ... an altitude of500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure." 

Following current FAA guidelines, the AALLC OCTO operates below 400 feet and 

within VLOS. Considering that we intend to operate within VLOS and below 400 feet, 

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the AALLC OCTO cannot comply with this request. AALLC will operate within all 

guidelines and proposed operation procedures outlined above. In addition, AALLC will 

fly only over private property with written permission from the property owner for flight, 

image capture, image storage, and image transfer (in accordance with Texas House Bill 

912, published September 2013). 

14 CFR 91.121 I Altimeter settings. 

14 CFR 91.121 stipulates that the PIC "operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that 

is set, when operating - (i) The current reported altimeter setting of a station along the 

route and within 100 nautical miles of the aircraft." 

The AALLC OCTO maintains an altitude using the barometric altitude reading and the 

GPS reading for altitude on board, transmitted through the 915 MHz telemetry dongle to 

tablet, Android device, or PC. Considering that the AALLC uses primarily a barometric 

altitude reading, and the AALLC OCTO will only be in flight for around 20-30 minutes, 

even drastic changes in barometric pressure will not affect the altitude reading. 

14 CFR 91.1511 Fuel requirements for flight in VFR conditions. 

14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing ... " 

The AALLC OCTO does not use liquid fuel, but instead uses a lithium polymer battery 

that utilizes electric energy instead of fuel. Considering this clarification, and the fact that 

the AALLC OCTO cannot fly more than 0.5 NM from its launch point, AALLC requests 

an exemption from 14 CFR 91.151. 

14 CFR Subpart E (91.401- 91.417) I General Operating and Flight Rules 

Subsections 91.405 and 91.407 of 14 CFR Subpart E require that routine and regularly 

scheduled maintenance be performed upon the aircraft before flight. Furthermore, Section 

91.407 Part (1) stipulates that no person may operate an aircraft unless "It has been 

approved for return to service by a person authorized under §43.7 of this chapter". 

AALLC requests exemption from these points, and proposes that the PIC and VO be 

allowed to perform maintenance reviews and inspections once a month, and pre-flight 

checks before every flight. The 'Monthly Maintenance Inspection Checklist' and 'PreFlight Checklist' are both attached to this petition. The PIC and VO will be able to repair 

broken arms, replace broken or worn propellers, and calibrate using the flight software. 

Further diagnosis or maintenance that requires tools not available to the PIC or VO in the 

field will be performed by AALLC. 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l). 

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Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must 

have valid medical evaluations, classified as FAA second-class medical certificates, in 

order to perform as the Pilot In Command or the Visual Observer. 

Considering that the PIC and VO will both be on the ground, and that the AALLC OCTO 

cannot travel further that 0.5 NM, AALLC proposes that the PIC and VO only be 

required to have 20/20 vision or corrective lenses or contacts. 

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