February 17, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Re: Exemption Request; Section 333 of the FAA Modernization & 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:

Luis Cardenas dba DroneWorks INC. “DroneWorks” hereby petitions the Secretary 

of Transportation and Federal Aviation Administration ("FAA") for exemption to the above 

referenced and below more fully described Federal Aviation Regulations, ("FARs") that 

currently may or may not apply to the recreational/business operations of model aircraft 

including small unmanned aerial vehicles/systems ("SUAVs").

1. Prefatory Statement to Petition

In June, 1981, the FAA published an advisory circular, AC 91-57, (an advisory

publication giving non-regulatory information/guidance. Advisory circulars do not create

or change regulations and are not binding on the public.) AC 91-57 was entitled "Model

Aircraft Operating Standards" and gave non-regulatory suggestions to model aircraft

operators on suggested procedures for operating their models. This was the sole

publication by the FAA which addressed model aircraft and SUAVs for the next nearly

25 years.

In September 2005, the FAA appeared to turn its attention toward

unprecedented attempts at regulating model aircraft specifically the more modern

SUAVs. The FAA, for the first time in history now termed these devises as Unmanned

Aerial Systems ("UAS") seemingly to align with their attempts at enforcement. The FAA

published "AFS-400 UAS POLICY 05-01 - Unmanned Aircraft Systems Operations in

the U. S. National Airspace System- Interim Operational Approval Guidance." This

interim internal FAA memo expressly confirms that "[t]his policy is not meant as a

substitute for any regulatory process." Still, it purported to "require" a Certificate of

Authorization ("COA") or Waiver to use SUAVs. The new FAA policy relied on

legal/regulatory "authority" on the non-regulatory, AC 91-57.

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In February, 2007 the FAA, published a 2007 "policy statement" in the Federal

Register. The 2007 Policy Statement starts by defining "unmanned aircraft" as "a device

that is used, or intended to be used, for flight in the air with no onboard pilot" and it

purported to include "a remotely controlled model airplane used for recreational

purposes." The FAA termed these devices UAS and then purported to articulate the

new FAA "policy" for "UAS" operations was that "no person may operate a "UAS" in the

National Airspace System without specific authority." For the first time ever, the 2007

Notice purported to articulate two new alleged "rules": (1) Model aircraft can no longer

be operated for a "business" purpose; and (2) a Model aircraft operated for a business

purpose requires a COA, or special Certificate of Operating Authority and therefore is

subject to the FARs.

Thereafter, beginning in 2007, and continuing to present, apparently based on

these two new FAA internal "policies" and without citing to any actual federal law, or

FARs, the FAA then sent various cease and desist notices to model aircraft SUAV

operators describing the COA process and threatening to impose a $10,000 fine if they

did not comply with the new FAA policies which the FAA indicated created a "ban" on

using SUAVs for any "business purpose."

In 2012, following the FAA's attempts to regulate using internal policy memos,

Congress enacted the Federal Aviation Administration Reform and Modernization Act,

["FRMA"]. The FRMA allows the Secretary of Transportation to "exempt" SUAVs from

existing Federal Law, FARs to the extent any federal law or FAR actually currently

applies to SUAVs.

As the Secretary/FAA are no doubt aware, these issues are presently pending

before the NTSB's full panel of Judges in Pirker v. FAA, Docket No. CP-217. Pending

the NTSB president setting decision in the Pirker case, Petitioner respectfully makes

this request as suggested by the FMRA and the FAA. See http://www.faa.gov/news/

press_releases/news story.cfm?newsld=16294. In the only other case in history where

the FAA's attempts to regulate Model Aircraft/UAVs has been tested, in Texas

Equuisearch v. Federal Aviation Administration, the U.S. Court of Appeals for the

District of Columbia Circuit, Case No. 14-1061, the Court ruled that FAA informal

email/mail orders attempting to enforce its Model Aircraft/UAVs internal policies are not

legally binding.

DroneWorks at all times has and operates their SUAVs following the safety

guidelines of AC 91-57.

2. Petition for Exemption

With the above preface, pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 ("FMRA") and 14 C.F.R. Part 11, DroneWorks, Inc., developer

and operator of Small Unmanned Aerial Vehicles ("SUAVs") equipped to conduct aerial

photography/Inspection/ included but not limited to the following; Business Operations:

over land, water-ways, and oceans; operation over/in non-restricted National Parks,

National Forests, flight in non-navigable airspace, using non-intrusive recording

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devices, operation in otherwise unrestricted U.S. States/Territories hereby applies for

an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial

operation of its SUAVs, 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 SUAVs under controlled conditions in airspace that is 1) limited; 2)

predetermined; and 3) controlled as to access. The exemption would also provide

safety enhancements to the already safe operations within the aerial photography, film

and television industry presently using conventional aircraft and small, unmanned and

relatively inexpensive SUAVs.

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 FMRA.

3. Name and Address of the Petitioner

Luis Cardenas dba “DroneWorks INC.”

Ph: 754-234-7813

Email: Luroyale@gmail.com

Address: 3400 Powerline Rd. Oakland Park, FL 33309

4. Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to

SUAVs

14 CFR Part 21 14 C.F.R. 91.109 14 CFR 91.405 (a)

14 C.F.R. 45.23(b) 14 C.F. R. 91.119 14 CFR 407 (a) (1)

14 CFR 61.113 (a) & (b) 14 C.F.R. 91.121 14 CFR 409 (a) (2)

14 C.F.R. 91.7 (a) 14 CFR 91.151 (a) 14 CFR 417 (a) & (b)

14 CFR 91.9 (b) (2) 14 CFR 91.203 (a) & (b)

14 C.F.R. 91.103

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

Transportation 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 FMRA. In making this determination, the Secretary is

required to determine which types of SUAVs/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:

A. The SUAVs size, weight, speed, and operational capability;

B. Operation of the SUAVs in close proximity to airports and populated areas;

C. Operation of the SUAVs within visual line of sight of the operator. FMRA §333

 (a).

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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." /d. §333(c) (emphasis

added). The Petitioner interprets this provision to place the duty on the Secretary/FAA

Administrator to not only process applications for exemptions under section 333, but for

the Secretary/Administrator to affirmatively craft conditions for the safe operation of the

SUAVs, if it should be determined that the conditions set forth herein do not fulfill the

statutory requirements for approval.

The Federal Aviation Act expressly grants the Secretary/FAA Administrator the

authority to issue exemptions. This statutory authority, by its terms, includes exempting

civil aircraft, as the term is defined under §401 01 of the Act, which currently may or

hereafter may include SUAVs, from the requirement that all civil aircraft must have a

current airworthiness certificate.

The Secretary/FAA 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 Secretary/FAA 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 ).

DroneWorks, Inc.'s SUAVs are multi-rotorcraft equipped with an on

board NAZA M V2 computer stabilization flight controller and GPS, weighting 55 lbs or less 

and most typically less than 20 lbs., including camera/payload. They operate, under normal

conditions, at speeds of 5-40 KIAS and at a speed of no more than 50 KIAS and have

the capability to hover and move in the vertical and horizontal plane independently/

simultaneously. They will operate in line of sight and will operate only within the areas

described herein. Such operations will insure that the SUAVs will "not create a hazard

to users of the NAS or the "public" as described in the FMRA §333(b).

Given the small size of the SUAVs involved, and the limited environment within

which they will operate, the Petitioner 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 SUAVS to commence immediately. Also,

due to the size of the SUAVs and the restricted areas in which the relevant SUAVs will

operate, approval of the application presents no national security issue.

Given the clear direction in FMRA §333, 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

allowing SUAVs for filming operations rather than full-sized aircraft, the grant of the

requested exemptions is in the public interest. Accordingly, the Petitioner respectfully

requests that the FAA grant the requested exemption without delay.

5. Limitations and Conditions

The Petitioner proposes that the exemption requested herein be issued pursuant

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the limitations and conditions listed herein. These conditions/limitations provide for an

even higher level of safety to operations under the current regulatory structure which

apply to actual certificated aircraft because the proposed operations represent a safety

enhancement to the already very safe SUAVs filming operations conducted by

recreational SUAVs and conventional aircraft.

These limitations and conditions to which DroneWorks agrees to be bound

when conducting business/commercial operations under this FAA issued exemption

include:

A. The SUAVs maximum take-off weight ("MTOW") will be less than 55 lbs.,

usually less than 25 lbs.

B. Flights will be operated within the line of sight of the Operator and/or

observer. Maximum total flight time for each operational flight will be 60 minutes or less.

Flights will be terminated and not less than 10% battery power reserve, which should

that occur prior to the 60 minute limit.

C. The Operator may designate and supervise another experienced SUAV

operator to operate the SUAVs subject to the supervision and direction of the Operator.

D. Flights will be operated at an altitude of no more than 500 feet above ground

level ("AGL") underneath navigable airspace. Minimum crew for each business

operation will consist of the SUAVs' Operator, the Visual Observer/Camera Operator, if

required for the operation. Flights will not be operated in Class A, B, C, or D airspace

but may be operated in class E and G airspace, provided the SUAVs

Operator/Observer maintains visual line of sight with the SUAVs and safe separation

from actual certificated aircraft in the airspace.

E. Briefing will be conducted in regard to the planned SUAVs operations prior to

each day's production activities. It will be mandatory that all personnel who will be

either Operator or visual observer/camera operator be present for this briefing. The

Operator will review weather, flight battery requirements, landing and takeoff distances

and aircraft performance data before initiation of flight. The SUAVs and batteries to be

used will be safety inspected prior to flight using appropriate checklists.

F. The Operator will attempt to obtain the consent of all persons involved in the

filming and ensure that only consenting persons will be allowed within 25 feet of the

flight operation.

G. Operator and observer/camera operator will have been trained in operation of

SUAVs generally and received up-to-date information on the particular SUAVs to be

operated.

H. Operator and Observer/Camera Operator shall at all times during flight

operation, be in direct voice/radio communication.

I. Written and/or oral permission from the relevant property holders may be

obtained. All required permissions and permits may be obtained from territorial, state,

county or city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies. If the SUAVs loses communications or loses its GPS signal,

the UAS will have capability to return to home/pre-determined location within the

Security Perimeter and land.

J. The SUAVs will have the capability to abort a flight, in case of unpredicted

obstacles or emergencies. The Operator shall carry/use appropriate LIPO battery

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protective bags and fire extinguishing equipment.

6. Description of Regulations Which May Apply From Which Petitioner Requests

Exception 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 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 SUAVs to be

utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements

of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the FMRA 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 SUAVs. In all cases, an analysis of these criteria

demonstrates that the 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 SUAVs to be operated hereunder is less than 55 lbs. fully loaded, is by

definition unmanned and carries neither a pilot nor passenger, carries no explosive

materials or flammable liquid fuels, and operates exclusively within a limited flight area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by the Operator and will also remain within the requirements of, and in

compliance with, local public safety requirements. These safety enhancements, which

already apply to civil aircraft provide a greater degree of safety to the public 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 posed by the 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 requires; 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 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 SUAVs will have no airworthiness certificate, an exemption may

be needed as the SUAVs will have no entrance to the cabin, cockpit or pilot station on

which the word "Experimental" can be placed. Given the size of the SUAVs, 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

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SUAVs marked on its fuselage as required by §45.29 (f) where the pilot, observer and

others working with the SUAVs will see the identification of the SUAVs as

"Experimental." The FAA has issued the following exemptions to this regulation to

Exemptions Nos. 10700, 8738, 10167 and 10167 A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Operator.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations.

Because the SUAVs is unmanned and will not carry a pilot or passengers, the proposed

operations can achieve the equivalent level of safety of current operations by requiring

the Operator operating the aircraft to have a FAA ground school course rather than a

commercial pilot's license to operate this small SUAVs. Unlike a conventional aircraft

that carries the pilot and passengers, the SUAVs is remotely controlled with no living

thing on board. The area of operation is controlled and restricted, and all flights are

planned and coordinated in advance. The level of safety provided by the requirements

included herein exceed that provided by a single individual holding a commercial pilot's

certificate operating a conventional aircraft. The risks associated with the operation of

the SUAVs are so diminished from the level of risk associated with commercial

operations contemplated by Part 61 when drafted, that allowing operations of the

SUAVs as requested with a private pilot as the Operator 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 determining

airworthiness. Given the size of the aircraft and the requirements contained herein for

the use of safety check lists prior to each flight, 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.-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 SUAVS, 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 SUAVs

operation manual and appropriate checklists at the ground control point where the pilot

flying the SUAVs will have immediate access to it. The FAA has issued the following

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exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,

95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Pre-flight 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 provided as set forth hereinabove. The Operator will take all actions including

reviewing weather, flight battery requirements, landing and takeoff distances and

aircraft performance data before initiation of flight using appropriate checklists.

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.

SUAVs and remotely piloted aircraft, by their design do not have fully functional

dual controls. Flight control is accomplished through the use of a radio transmitter that

communicates with the aircraft via a receiver in the SUAVs. 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 fact 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) allows 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. This exemption is for a SUAVS and the

exemption requests authority to operate at altitudes up to 500 AGL underneath

navigable airspace and in class E and G airspace maintaining safe separation from

actual aircraft, an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, speed of

the 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, attempts will be made to

contact all affected individuals regarding the planned flight operations. Compared to

flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs.

proposed herein, and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft. In

addition, the low-altitude operations of the SUAVs will ensure separation between these

SUAVs operations and the operations of conventional aircraft that must comply with

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Section 91.119.

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 SUAVs

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,

pursuant to the Manual and Safety Check list, 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 91.151 (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 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 SUAVs provides approximately between 1 0-60 minutes

of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151,

SUAVs flights would be limited to approximately 10 minutes in length. Given the

limitations on the SUAVs proposed flight area and the location of its proposed

operations within a predetermined area, a longer time frame for flight in daylight or night

VFR conditions is reasonable.

Petitioner 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 SUAVs

in controlled area where only people and property owners or official representatives

who have signed waivers will be allowed, with less than 30 minutes of flight operation

time, does not give rise to the type of risks that Section 91.151 (a) was intended to

alleviate particularly given the size and speed of the SUAVs. Additionally, limiting

SUAV flights to 20 minutes would greatly reduce the utility for which the exemption will

be granted.

Petitioner believes that an equivalent level of safety can be achieved by limiting

flights to 60 minutes or no less than 10% of battery power, whichever happens first.

This restriction would be more than adequate to return the SUAVs to its planned

landing zone from anywhere within its limited operating area.

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:

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(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

or crew.

The SUAVs fully loaded weighs no more than 55 lbs and typically less than 20

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 SUAVs.

An equivalent level of safety will be achieved by keeping these documents at the

ground control point where the operator/pilot flying the SUAVs will have immediate

access to them, to the extent they are applicable to the SUAVs. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 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© of this section, have discrepancies

repaired as prescribed in part 43 of this chapter ... ," and others 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, and the requirements of pre-flight inspection required herein, these sections

will not apply to the applicant. Routine and pre-flight maintenance will be accomplished

by the operator. An equivalent level of safety will be achieved because these SUAVs

are very limited in size and will carry a very small payload and operate only in restricted

areas for limited periods of time. If mechanical issues arise the SUAVs can land

immediately and given its small size poses very little risk to persona or property. The

operator will ensure that the SUAVs 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 familiar with the aircraft and best suited to maintain the

aircraft in an airworthy condition to provide the equivalent level of safety.

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7. Publication Summary

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:

Petitioner 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

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(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 SUAVS vehicle (551bs or less) for Aerial Photography

Operations.

Approval of exemptions allowing commercial operations of SUAVs for aerial

photography/Inspection for the following; Business Operations: over land, water-ways,

and oceans; operation over/in non restricted National Parks, National Forests, flight in

non-navigable airspace, using non-intrusive recording devices, operation in otherwise

unrestricted US States/Territories will enhance safety by reducing risk. Conventional

film 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 4,000

lbs., carrying large amounts of jet A or other fuel. In addition such actual certificated

aircraft must fly to and from the film location. In contrast, a SUAVs weighing fewer than

55 lbs., and powered by batteries rather than fuel, eliminates virtually all of that risk.

The SUAV is driven/carried to the film set, not flown. The SUAVS will carry no

passengers or crew and, therefore, will not expose any crew to the risks associated with

manned aircraft flights.

The operation of SUAVs, weighing less than 55 lbs., conducted in the strict

conditions outlined above, will provide at least an equivalent level of safety supporting

the grant of the exemptions requested herein, including exempting the Petitioner from

the requirements of Part 21 and allowing commercial operations. These lightweight

aircraft operate at slow speeds, close to the ground, and in a line of sight, relatively

sterile environment and are, as a result, far safer than conventional operations

conducted with actual aircraft/helicopters operating in close proximity to the ground and

people.

8. Privacy

All business/commercial fl.ights which occur over private or controlled access

property will be with the property owner's prior consent and knowledge. Filming will be

of people who have also consented to being filmed or otherwise have agreed to be in

the area where filming will take place. Petitioner will not infringe on any individual or

landowner privacy rights.

Limited nighttime operations may be conducted. Nighttime as defined FARs in

Section is as follows 1.1. "Night means the time between the end of evening civil twilight

and the beginning of morning civil twilight, as published in the American Air Almanac,

converted to local time." Night operations may be conducted by the SUAVs following

the guidelines above and provided such operations have sufficient lighting so that

Petitioner/Operator maintains visual line of sight. Allowing SUAVs this exemption will

provide a far safer nighttime filming alternative to the current full size aircraft operations.

9. Conclusion

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The FAA's purported "ban" on business/commercial Model Aircraft/UAVs

operations has actually had the current effect of causing American skies to be less

safe. There are many actual certificated pilots who are exceptionally qualified to fly

model aircraft/SUAVs with their model aircraft/SUAVs experience, private, commercial

or ATP pilot training, licenses and instructor ratings. However, these experienced

operators and licensed pilots familiar with the FARs, airspace and safe operating

procedures are currently reluctant to commercially operate model aircraft/SUAVs or be

involved, for fear of the FAA seeking an enforcement action against them or their actual

pilot's licenses.

Presently, during the pendency of these issues in the Pirker case, it defies safety

or regulatory logic that according to the FAA's current alleged "ban" on business

operations of SUAVs, your average enthusiastic 12 year old, who's well meaning Father

bought him a quadcopter SUAV equipped with a camera, can operate his SUAV

wherever he wants and take whatever recreational video/pictures subject only to the

suggestions of FAA AC 91-57 and yet an FAA certificated private/commercial/ATP pilot

cannot be paid to use far higher quality and equipped SUAVs to take an aerial photo,

search for missing persona or aerially inspect a farmer's field, despite the significant

improvement in safety over non-pilots operating SUAVs recreationally and real aircraft

used for aerial photography.

Satisfaction of the criteria provided in Section 333 of the FMRA of 2012, and

requiring the SUAV's Operator to have or obtain medical a certificate and an actual

pilot's license and considering the small size, weight, speed, operating capabilities,

limited operations in proximity to airports and populated areas and operation within

visual line of sight and national security- all of which provide more than adequate

justification for the grant of the requested exemptions allowing business/commercial

operation of applicant's SUAVs for aerial photography/inspection as requested herein.

If further assistance is needed in processing this request, or you

have any other questions or concerns, please do not hesitate to contact me directly, in

writing.

Luis Cardenas of DroneWorks INC.

 

cc: James Williams, FAA

Les Dorr, FAA, Allison Duquette, FAA

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