U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 October 16th, 2014 

# ArchAerial 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 FederalAviation Regulations To WhomItMay Concern: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("FAA Reform Acf') and 14 C.F.R. Part 11, Arch Aerial LLC (AALLC) requests an exemption from Federal Aviation Regulations ("FARs") 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 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 CFR91.151, 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 orWindowsbased ground control station, connected via radio telemetry inthe 915 MGHz band. The

AALLC Section 333 Exemption Request October 16, 2014 

### 1 of8Arch Aerial OCTO can carry a payload ofup to 

### 13 pounds, and has been operatedwith a payload ofhigh-resolution DSLRcameras, infrared cameras, and video cameras for photography, videography, geospatial analysis andphotogrammetry. 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 ofa 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 Americanresearch institutions abroad in survey and supplemental aerial photography. 1AALLC is requesting this exemption in orderto operate the AALLC OCTO for low-altitude aerial photography inunpopulated areas for primarily precision agricultural survey andproperty survey. The FAArecently granted 6 companies an exemption to use small UAS to film for movie and TVproduction companies.2 AALLC is also requesting this exemption to use the AALLC OCTO to film andphotograph for movie andTVproduction companies, and asserts that the AALLC OCTO is as safe, ifnot safer than the platforms inuse bythese companies. The presence ofUAS andtheir integration into the NAS has been in the public eye for quite some time now, and boththeprivate andpublic sectors have shown a significant amount ofinterest inpaving the way for safe andresponsible UAS operation. AALLC is fully committedto this mission, and desires to operate small AALLC UAS for both research and commercial purposes using the Flight Restrictions (FRs) listedbelow. The Arch Aerial OCTO will be operated in accordance with the following FRs: • Flight operations will occur only in Class E orClass G airspace • Flight operations will occur atno more than400 feet above ground level • Flight operations will occurusing an electric power source • Flight operations will notrisk the safety ofthe PIC orVO, or fly over any members ofthe general public • Flight operations will avoid congested orpopulated areas, whichthe FAA designates as yellow onVFR charts • Flight operations will be operated within VLOS, with one PIC andone groundbasedVOwithin an audible distance ofthe PIC • Flight operations will occur only during daylighthours • Flight operations will notbe conducted within a 5 NMradius from the center of any FAA designated airport • Flight operations will only be conducted withpermission 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, 2014AALLC is submitting this petition on its ownbehalf. Ifthe FAArequires any modifications to our Arch Aerial OCTO exemption request, Arch Aerial requests the opportunityto amend this petition to include any modifications the FAA mayrequire before granting orrejecting the petition for exemption. Arch Aerial will amend its petition to meet any additional standards for the integration ofsmall UAS operation into theNAS. AALLC also requests that the FAAkeep materials labeled "Confidential" from the public record for the purpose ofmaintaining our intellectualproperty.

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



### AALLC Section 333 Exemption Request 

### October 16, 2014 3of8

### EXEMPTION REQUESTS AALLC requests exemption for thefollowing 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) andParagraph 16(e)(1). 

### 14 CFR211 Airworthiness Certificates AALLC requests an exemption from Section 14 CRF Part 21 which requires the issuance ofan Airworthiness Certificate for flight operation, while the FAA is still carrying out research and development for UAS standards andregulation. AALLC's OCTO multi-rotor aircraft weights only approximately 7.0 pounds, and can carry a maximumpayload ofup to 13 pounds. Itwill not carry fuel orpassengers, and will obeythe operational requirements (FRs) outlined inthe introduction to this exemptionpetition. The AALLC OCTO cantravel at most 0.5 NM from launch due to power supply constraints and forward speed limitations. We assert that the AALLC OCTO, as comparedto manned aircraft, significantly reduces the riskto crew, passengers, property, andthe general public due its small size, limitedrange, andFR outlined above. Inthe event thatthe FAArequires AALLC to obtain anExperimental Airworthiness Certificate ortraditional Airworthiness Certificate in order to receive an exemption from Section 333, AALLC requests an opportunity to pursue such a certification. 

### 14 CFR91.203 

## ICivil Aircraft; Certifications Required Section 14 CFR 91.203 requires that aircraft carry onboardthe aircraft's Airworthiness Certificate. The subsection (b) further states thatthe Airworthiness Certificate shouldbe "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew". The AALLC OCTO has requested an exemption inthe previous section (14 CFR21 

## I Airworthiness Certificates). Inthe event that the FAArequired AALLC to obtain an experimental Airworthiness Certificate, AALLC wouldpursue such a certification and

AALLC Section 333 Exemption Request October 

### 16, 2014 4of8keep the relevant information onthe 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, orhave a "cockpit" entrance. AALLC proposes mounting the AALLC identification information (mailing address, phone number, COA ID Number, or any other information deemedrelevant to the FAA) and the UAS identification information (UAS unique numberissuedby AALLC, and Airworthiness Certificate information if required) on a visible exterior surface ofthe AALLC OCTO. 14 CFR45.23 1 Display ofmarks; general. Subsections (a) and (b) for 14 CFR45.23 require that the operator ofthe aircraft display the registration number onthe side ofthe aircraft, and atvarious positions "near each entrance to the cabin, cockpit, orpilot 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 ofmounting 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 inplace ofthe markings required by 14 CFR45.23, itkeeps registration information andthe AALLC mailing address; email address, andphone number permanently affixed to a visible exterior surface ofthe AALLC OCTO. 14 CFR45.291 Size ofmarks. Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions ofthe markings noted in 14 CFR45.23. Subsection (b) section (iii) states that "Marks at least 3 inches high maybe displayed on an aircraft for which the FAA has issued an experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 21.191 (i) ofthis chapter to operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft when the maximum cruising speed ofthe aircraft does not exceed 180 knots CAS". AALLC proposes that the mounted identification information listed inthe 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 onboard 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 andwith the PIC and VO on the ground. 14 CFR91.91 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.



### AALLC Section 333 Exemption Request October 16, 2014 5 of8AALLC requests an exemption from this section as the AALLC OCTO does not carry passengers or crew and would notbenefit from keeping a FlightManual onboardthe aircraft during operation. AALLC will keep a Flight Manual with the PIC andVO at the ground station. 

### 14 CFR 61.113 1 Private pilot privileges and limitations: Pilotin command and 14 CFR 61.133 

## ICommercialpilotprivileges and limitations. 14 CFR 61.113 stipulates, ''No person who holds a private pilot certificate may act PIC that is carrying passengers orproperty for compensation or hire". Subsection 

### (b) ofthis 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 carrypassengers orproperty for compensation orhire." As AALLC requests that the AALLC OCTO be operated with only ground school and a passing score onthe FAAWritten Examination, AALLC requests thatthe AALLC OCTO be allowedto operate for compensation orhire to complete market research for use for agricultural survey, pipeline survey, oil rig survey, monitoring damage or movement ofenvironmentally sensitive materials inthe event ofan environmental disaster, property survey, film production, and aerial photography. Considering that the AALLC OCTO does not carry passengers orproperty, and there is no equivalent flight certification for UAS PICs and VOs, AALLC requests that the PIC and VOberequired 

### to complete only an FAA approved ground school program and pass the FAAWritten Examination. 

### 14 CFR91.1091 Flightinstruction; Simulated instrumentflight and certain flight tests. 14 CFR 91.109 stipulates, "Noperson 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 onboard 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 withtraining within VLOS for the PIC, VO, student, and instructor, is sufficient for the operation ofAALLC OCTO UAS. 

### 14 CFR91.1191 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. Inthose cases, the aircraft maynot be operated closerthan 500 feet to any person, vessel, vehicle, or structure." Following current FAA guidelines, the AALLC OCTO operates below400 feet and within VLOS. Considering that we intendto operate within VLOS andbelow 400 feet,

AALLC Section 333 Exemption Request October 16,2014 6of8the 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 CFR91.121 

## IAltimeter settings. 14 CFR 91.121 stipulates that the PIC "operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case maybe, byreference to an altimeter that is set, when operating

- (i) The current reported altimeter setting ofa station along the route andwithin 100 nautical miles ofthe aircraft." The AALLC OCTO maintains an altitude using the barometric altitude reading andthe GPS reading for altitude onboard, transmitted through the 915 MHz telemetry dongle to tablet, Android device, orPC. Considering that the AALLC uses primarily a barometric altitude reading, and the AALLC OCTO will onlybe in flight for around 20-30 minutes, even drastic changes inbarometric pressure will not affect the altitude reading. 14 CFR91.1511 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 ofintended landing

..." The AALLC OCTO does notuse liquid fuel, but insteaduses a lithiumpolymerbattery that utilizes electric energy instead offuel. Considering this clarification, andthe fact that the AALLC OCTO cannot fly more than 0.5 NM from its launchpoint, AALLC requests an exemption from 14 CFR 91.151. 14 CFR Subpart E (91.401- 91.417) 

## IGeneral Operating and Flight Rules Subsections 91.405 and 91.407 of 14 CFR Subpart E require thatroutine and regularly scheduledmaintenance be performedupon the aircraftbefore flight. Furthermore, Section 91.407 Part (1) stipulates that no person may operate an aircraft unless "Ithas been approved for returnto service by a person authorized under §43.7 ofthis chapter". AALLC requests exemption from these points, andproposes that the PIC and VO be allowed to perform maintenance reviews and inspections once a month, andpre-flight checks before every flight. The 'Monthly Maintenance Inspection Checklist' and 'PreFlight Checklist' are both attachedto this petition. The PIC and VO will be able to repair broken arms, replace broken orwornpropellers, and calibrate using the flight software. Further diagnosis ormaintenance thatrequires tools not available to the PIC orVO inthe field will be performedby AALLC. FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).

AALLC Section 333 Exemption Request October 16, 2014 

### 7 of8Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must have validmedical evaluations, classified as FAA second-class medical certificates, in order to perform as the Pilot In Commandorthe Visual Observer. Considering thatthe PIC andVO 

### will bothbe onthe ground, andthat the AALLC OCTO cannot travel further that 0.5 NM, AALLC proposes that the PIC and VO onlybe required to have 20/20vision or corrective lenses or contacts.

AALLC Section 333 Exemption Request October 16, 2014 8 of8