U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE., Washington, DC 20590 

## Exemption Request Pursuant to Section 333 ofthe FAA Reform Act of2012
To Whom It May Concern:

We are writing pursuant to the FAA Modernization and Reform Act of2012 and the procedures contained in 14 C.F.R. ESRUAS is a proponent ofthe recently released docket no
.: FAA-20 15-0 150; Notice No. 15-01 and will abide by and assist in the development ofall proposed rules but seeks relieffrom 14 C.F.R. until further protocols, standards and tests are established

. ESR UAS , LLC is dedicated to the development ofunmanned aircraft, specifically multi-rotor aircraft (aerial vehicles with a minimum offour ((4)) counter-rotating propellers) which are inherently stable with the ability to hover in place, and safety /flight procedures. M. Duncan Criscoe, ofCrooked Pines Farm, LLC, CEO seeks relieffrom specific procedures contained in 14 C.F.R.

Crooked Pines Farm, LLC has received requests ofhigh definition aerial photography from numerous entities, that pertain, but are not limited to; Real Estate, Wildlife Conservation, and closed-set filming. M. Duncan Criscoe, owner and operator ofsmall unmanned multirotor aircraft, seeks relief , sothe he may operate his smalVlightweight unmanned aircraft systems commercially in airspace close to airspace regulated by the FAA as required by Section 333.
Crooked Pines Farm, LLC' s exemption request would permit its operation ofsmall, lightweight, unmanned (remotely controlled within line ofsight) multi-rotor aerial systems in tightly controlled and limited airspace. Predetermined, specifically marked areas ofoperation, private property locations that correspond or surpass current safety protocols will allow Crooked Pines Farm, LLC to operate within current safety parameters and to aid in the development of new protocols being implemented. As identified, amateurs with no flight experience, safety plan or controls in place to prevent catastrophe legally operate similar lightweight, remote controlled multi-rotors. Crooked Pines Farm, LLC is developing plans to monitor, evaluate and implement all ofits UAS's safely.
The plans include but are not limited to: pre-flight visual inspection, pre-flight mechanical inspection, in-flight mechanical test, maintaining a visual ofthe aircraft and a flight 

### log.
0 Pre-flight visual inspection includes examination of ; propellers, motors, electrical components and parts ofthe frame for chips, cracks, burns or any other damage

. 0 Pre-flight mechanical inspection is powering on the aircraft, transmitter(s) and receiver(s)- checking video feed and throttling up from 3rd person point-of-view without takeoffto ensure function ofdrive components (propellers, motors and speed controllers).0 In

-flight mechanical test is done from 3rd person point

-of

-view (pilot watches the aircraft) at lo'Y altitude (eye level)- the pilot puts maximum input ofpitch, roll, yaw and throttle sharply into transmitter to ensure all axis ofaircraft are fully capable. 0 Maintain visual ofaircraft through 3rd person (pilot watches aircraft) operation or by using a spotter during 151 person (pilot sees point

-of-view ofaircraft) operation. D A flight log documents the pilot in control, spotter, weather, area of operation and purpose offlight.
To date, Crooked Pines Farm, LLC has rejected all offers to work with interested parties on locations within the United States, to ensure it is in compliance with any applicable FARs. It, like other applicants, has done so despite Judge Patrick G. Geraghty's decision in the Raphael Pirker matter and his reasoning that no FARs prohibits the use ofsmall, unmanned multi-rotor aircraft or lightweight UASs like those flown by other peer companies. Granting Crooked Pines Farm, LLC's request unites with the Secretary ofTransportation's responsibilities to not only integrate UASs into the national airspace system, but to"

... establish requirements for the safe operation ofsuch aircraft systems [UASs] in the national airspace system" under Section 333(c) ofthe Reform Act. Further, Crooked Pines Farm, LLC will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA. Granting Crooked Pines Farm, LLC exemption would benefit the public in that Congress has already pronounced that it is in the public's interest to integrate commercially flown UASs into the national airspace system, hence the passing ofthe Reform Act. Crooked Pines Farm, LLC will conduct research into safe UAS operations for every flight ofits UASs. Flight data, visual inspections, recorded observations and flight analyses will be compiled to further enhance current safety protocols. Allowing Crooked Pines Farm, LLC to log more flight time directly relates to its research and its ability to further enhance current safety measures. The public has critical interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters.

Crooked Pines Farm, LLC respectfully requests the grant ofan exemption allowing it to operate small , lightweight, remote controlled multi-rotor UASs in Class G airspace.
The specific sections ofTitle 14 ofthe Code ofFederal Regulations, ESRUAS requests exemption from: 14CFR21; 14C.F

.R.45.23(b); 14CFR61.113 (a)&(b); 14C.F.R. 9l,etseq. ; 14CFR407 (a)(l); 14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b). Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe 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); 91.119; 91.121 ; 91.203(a) & (b); 91.405 (a) ; 91.407(a) (1); 91.409 (a) (2); 91.417 

### (a) & 

### (b)

.

### The Extent of CrookedPines Farm, LLCSeeks andthe Reason It Seeks Such Relief:
Crooked Pines Farm, LLC submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent ESRUAS contemplated commercial photography, research and other flight operations within the national airspace system. The Reform Act 

### in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. Crooked Pines Farm, LLC's lightweight UASs meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration ofCrooked Pines Farm, LLC ' s lightweight UASs are expressly contemplated by the Reform Act. Crooked Pines Farm, LLC would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types ofUASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated by line of s ight
112 P.L. 95 

### § 333 (a). Each ofthese items militates in favor ofan exemption for ESRUAS. Crooked Pines Farm, LLC UASs utilizes four counter-rotating propellers for precise control and stability. They each weigh less than 25 pounds, including photography or other equipment. Each ofCrooked Pines Farm, LLC small unmanned aircraft are designed to primarily hover in place and operate at less than a 40 knot maximum speed. They are capable ofvertical and horizontal operations but operate only within the line ofsight ofthe remote control pilot. In addition to the remote control pilot, Crooked Pines Farm, LLC uses a spotter and a technician, such that, at minimum, two Crooked Pines Farm, LLC personnel govern the safe flight ofan Crooked Pines Farm, LLC aircraft at all times
. Utilizing battery power and not combustible fuels, flights generally last between two and twenty minutes. Crooked Pines Farm, LLC does not operate its UASs with less than twenty five percent battery capacity. Safety systems in place include a GPS mode that allows Crooked Pines Farm, LLC UASs to hover in place ifcommunication with the radio control pilot is lost and then slowly descend the aircraft until landing. Further, Crooked Pines Farm, LLC aircraft are programmed to slowly descend when twenty five percent battery capacity has been reached. Crooked Pines Farm, LLC does not operate its UASs near airports and generally does not operate them near populated areas. Crooked Pines Farm, LLC only operates its UASs in predetermined areas and only in compliance with FAA regulations. Crooked Pines Farm, LLC operation ofits fleet ofsmall, unmanned aircraft will not "create a hazard to users ofthe national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight ofCrooked Pines Farm, LLC UASs, combined with their superior maneuverability and operation in well-controlled areas, Crooked Pines Farm, LLC's aircraft lay within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the ational airspace system. Crooked Pines Farm, LLC aircraft do not pose any threat to the general public or national security.The FAA has the authority to issue the exemption to ESRUAS pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

### Commercial andPublicBenefits Granting Crooked Pines Farm, LLC exemption request furthers the public interest. First, Congress has already pronounced that it is in the public's interest to integrate commercially flown UASs into the national airspace system, hence the passing ofthe Reform Act. Second, Crooked Pines Farm, LLC conducts research into safe UAS operations every time it flies one ofits UASs

. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols

. Allowing Crooked Pines Farm, LLC to log more flight time directly relates to its research and its ability to further enhance current safety measures. Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. Crooked Pines Farm, LLC's UASs are battery powered and create no emissions. 

### If an Crooked Pines Farm, LLLC UAS crashes there is no fuel to ignite and explode. The impact ofCrooked Pines Farm, LLC's lightweight UASs is far less than a full size helicopter, despite the statistically noteworthy safety record offull size helicopters used in aerial picture capture. The public's interest is furthered by minimizing ecological and crash impacts by permitting aerial photography capture through Crooked Pines Farm, LLC's lightweight UASs. Progression ofthe 

### arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Indeed, Congress mandated the integration ofUASs into our national airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting Crooked Pines Farm, LLC to immediately fly within the United States furthers these objectives. Whether it is the combination ofscientific discoveries applicable to societal advancement (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements 

### in equipment available to law enforcement personnel/first responders that does not cost millions of dollars, granting Crooked Pines Farm, LLC exemption request substantially furthers the public's interest in ways known and currently unknown. 

### Reasons Why CrookedPines Farm, LLCExemption Will NotAdverselyAffectSafety OrHow The Exemption Will Provide a Levelof SafetyAtLeast Equal To ExistingRule: Crooked Pines Farm, LLC ' s exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitting ESRUAS to log more flight time in FAA airspace will allow Crooked Pines Farm, LLC to innovate and implement new and as ofyet undiscovered safety protocols. 

### In addition, Crooked Pines Farm, LLC submits the following representations ofits flight standards:

• Crooked Pines Farm, LLC UASs weigh less than 25 pounds complete with small, high-definition cameras like the GoPro or Canon T3i; • Crooked Pines Farm, LLC only operates its UASs below 400 feet; 

### • Crooked Pines Farm, LLC UASs only operate for 2-25 minutes per flight;• Crooked Pines Farm, LLC lands its UASs before they reach 25 % battery power; • Crooked Pines Farm, LLC remote control pilots operate Crooked Pines Farm, LLC UASs by line ofsight; • Crooked Pines Farm, LLC remote control pilots have video backup and nearest airfield(s) contact information should they somehow lose sight ofthe UAS; • Crooked Pines Farm, LLC staffs each flight 

### with a remote control pilot, technician and spotter with communication systems enabling real time communication between them; • Crooked Pines Farm, LLC UASs have GPS flight modes whereby they hover and then slowly land ifcommunication with the remote control pilot is lost or battery power is below 25% ; • Crooked Pines Farm, LLC actively analyses electronic flight data and other sources ofinformation to constantly update and enhance safety protocols; • Crooked Pines Farm, LLC only operates in secured areas that are controlled, are awa y from airports and highly populated areas; • Crooked Pines Farm, LLC only operates during daylight hours; • Crooked Pines Farm, LLC conducts extensive pre-flight checks, boundaries and awareness prior to flight, during which safety carries primary importance; • Crooked Pines Farm, LLC always obtains all necessary permissions prior to operation; and, Crooked Pines Farm, LLC has procedures 

### in place to abort flights in the event ofsafety breaches or potential danger. Crooked Pines Farm, LLC provides a level ofsafety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration ofcommercial UASs into our national airspace system, helicopters are the primary means ofaerial photography. While the safety record ofsuch helicopters is great, it is far safer to operate a battery powered lightweight UAS. First, the potential loss oflife is diminished because UASs carry no people on board and Crooked Pines Farm, LLC only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability ofCrooked Pines Farm, LLC UASs allow remote control pilots to avoid hazards. Also, Crooked Pines Farm, LLC UASs noise emissions, compared to today's helicopters, are drastically lower. Lastly, given their small size and weight, even when close enough to capture images, Crooked Pines Farm, LLC UASs need not be so close to the objects they are focused on
. Accordingly, Crooked Pines Farm, LLC UASs will operate at and above current safety levels. Summary The FAA May Publish in the FederalRegister
Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.14 C.F

.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR 

### § 91.203(2)(b, c, 

### & d) 

### & 91.317(£)(2), (g), (j)(1 & 2)

. The size, weight, speeds, flight maneuvers and controlled operational area ofCrooked Pines Farm, LLC UASs permits exemption from Part 21 because Crooked Pines Farm, LLC's UASs meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. 

### § 44701 (f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Crooked Pines Farm, LLC multi-rotor UASs do not carry passengers nor crewmembers, therefor, are not designed with a cabin or a cockpit. Furthermore, Crooked Pines Farm, LLC UASs will not be operating in or out ofairports and in view ofthe fact that Crooked Pines Farm, LLC multi-rotor UASs are electrically powered by small lithiumpolymer (LiPo) batteries and emit no known emissions

-- fuel regulations for aircraft do not apply. Therefore Crooked Pines Farm, LLC's UASs meet or exceed each ofthese elements and elements proposed in Docket No.: FAA-2015-0150; Notice No. 15-01. Part 107. 14 C.F.R. 91.7 (a) prohibits the operation ofan aircraft without an airworthiness certificate. No such certificate will be applicable in the form contemplated by the FARs. With proposed Docket No.: FAA2015

-0 150; Notice No. 15

- 1 as no such certificate will be applicable, this Regulation is inapplicable

. 14 C

.F.R

. 

### § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UASs, this Regulation is inapplicable. 

### An equivalent level of safety will be achieved by maintaining a manual at ESRUAS's flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738 , 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
14 C.F.R. 

### § 91.121 regarding altimeter settings is inapplicable insofar as Crooked Pines Farm, LLC UASs utilize electronic global positioning systems and internal gyroscopes and altimeters to provide spatial coordination.
14 C.F.R. 

### § 91.203 (a) and (b) provides for the carrying ofcivil aircraft certifications and registrations

. They are inapplicable for the same reasons described above

- with recently proposed Docket No.; FAA-2015-0150; Notice No. 15-1. The equivalent level of safety will be achieved by maintaining such quality assurance and registrations reports at the Crooked Pines Farm, LLC flight operations center.
14 C.F.R. 

### § 45.23: Marking ofThe Aircraft. Applicable Codes ofFederal Regulation require aircraft to be marked according to certain specifications. Crooked Pines Farm, LLC UASs are unmanned-- they, therefore, do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such a small aircraft. Regardless, Crooked Pines Farm, LLC will mark its UASs in the largest possible lettering by placing identification marks on its frame as required by 14 C.F.R. § 45.29 (f) so that the pilot, technician, spotter and others working with the UA V 

### will be identifiable and will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700

.14 C.F.R. 

### § 61.113: Private Pilot Privileges and Limitations: PIC.
Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. Crooked Pines Farm, LLC can achieve an equivalent or superior level ofsafety as achieved by current Regulations because Crooked Pines Farm, LLC UASs do not carry any pilots
or passengers- the operators will maintain visual line of site ofUA and given the size, weight, speed, maneuverability and operating parameters ofCrooked Pines Farm, LLC UAS's risk to people and property is reduced. Further, while helpful, a pilot license will not ensure remote control piloting skills, though Crooked Pines Farm, LLC pilot vetting and training programs will. Further, private pilot licensees require 60-70 hours offlight time

- with hundreds ofhours of computer simulation and remote control aircraft [50+ hours ofmulti-rotor UAS] experience the person in control ofthe UA will operate Crooked Pines Farm, LLC UASs with the same or more skill. Further, the risks attendant to the operation ofCrooked Pines Farm, LLF UASs is far less than the risk levels inherent in the commercial activities outlined in 14 C

.F.R. 

### § 61 , et seq - Crooked Pines Farm, LLC maintains visual ofUA via a spotter, altitude ofUA will never exceed 400ft AGL. Thus, allowing Crooked Pines Farm, LLC to operate its multi-rotor UASs with it's current experience and standards meets the minimum safety requirements of 14 C

.F.R. §61.113 (a) & (b).
14 C.F

.R. 91.119: Minimum Safe Altitudes.
14 C.F.R. 

### § 91

. 119 prescribes safe altitudes for the operation ofcivil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. As proposed in Docket No.: FAA-2015-0150 ; Notice No. 15-01, Crooked Pines Farm, LLC UASs never operates at an altitude greater than 400 AGL. Crooked Pines Farm, LLF will, however, operate its UASs at a much lower altitude than proposed in Docket No.: FAA-2015-0150; Notice No. 15-01 , a level of safety exceeding those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofCrooked Pines Farm, LLC UASs, an equivalent level ofsafety will be achieved

. 14 C.F.R. 91.405 (a) ; 407 (a) (1) ; 409 (a) (2); 417(a) & (b): Maintenance Inspections.
The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter." These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Crooked Pines Farm, LLC should its requested exemption be granted. Crooked Pines Farm, LLC conducts an extensive maintenance program that involves regular software updates and constant mechanical inspection for assessment ofany damaged hardware. Therefore, an equivalent or greater level ofsafety will be achieved. Crooked Pines Farm, LLC has researched its designs

.
SummaryCrooked Pines Fann, LLF seeks an exemption from the following Regulations: 14 C.F.R. 21 , subpart H; 14 C.F.R.45.23(b); 14 C.F.R. 

### §§ 61.113 (a) & (b); 14 C.F.R. 

### § 91.7 (a) & (b); 14 C.F.R. 

### § 91.9 (b)(2) ; 14 C.F.R. 

### § 91.119; 14 C.F.R

. 

### § 91.121; 14 C.F.R. 

### §§ 91.203(a) and (b); 14 C.F.R. 

### § 91.405 (a); 14 C.F.R. 

### § 91.407 (a)(1); 14 C.F.R. 

### § 91.409 (a)(2); and, 14 C.F.R. 

### §§ 91.417 (a) & (b) to commercially operate small lightweight unmanned aerial vehicles in aerial photography and research operations, to conduct its own fieldwork and to assist in the development ofplatforms for photographers, first responders, law enforcement, and search & rescue. Granting Crooked Pines Fann, LLC's request for exemption will enhance safety protocols thereby reducing risk ofincident. Aerial photography relies primarily on the use oflarger aircraft, housing a crew and running on combustible fuel. Crooked Pines Fann, LLC aircraft do not house a crew of pilots nor do they contain combustible fuel --they are smaller, lighter and more maneuverable than conventional aircraft. Additionally, Crooked Pines Farm, LLC aircraft operate at lower altitudes and will not interfere with conventional aircraft. Crooked Pines Farm, LLC has been analyzing flight data, flight film and other information to compile above-standard safety protocols and the implementation oftlight operations that exceeds current procedures ofsafe flight
There are no people on board Crooked Pines Fann, LLC aircraft therefore the likelihood ofdeath or serious bodily injury is significantly limited. Crooked Pines Fann, LLC will ensure positive growth ofit's safety and flight protocols with multi

-rotors Crooked Pines Fann, LLC operation ofits UASs, weighting less than 25 pounds and traveling at speeds lower than 40 knots in exclusive areas will provide at least an equivalent level ofsafety as that achieved under current F ARs.
With current knowledge and experience and until operator certifications become clearer Crooked Pines Farm, LLC respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption sought by Crooked Pines Farm, LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").



### Respectfully,



# 41/.~L M D..n:al

### CrisxE, 

### CEO Crt:x)q:d 

### Pres

### Fam, LLC 

### 3551-tarro¥Rd. E.ct:rtl1, 

### GA. 31024