U.S. Department ofTransportation DocketManagement System 1200 NewJerseyAve. SE Washington, DC 20590
Re: 

### Exemption Request Section 333 ofthe FAA Reform Act

Dear Sir/Madam, March 24, 2015

This petition is being submitted onourown behalfwithout legal counsel orconsulting services. Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act), and 14 C.F.R. Part 11, Fly Low Aero, LLC (FLA) a Wyoming based limited liability company operating a Small UnmannedAircraft System (sUAS) equipped to conduct aerial photography and survey for various industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed belowto allow operation ofoursUAS commercially in airspace regulated bythe Federal Aviation Administration (FAA) so long as such operations are conducted with and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.
The requested exemption would permit Fly LowAero, LLC to pursue its commercial interests in providing services to consumers interested aerial data capture using a small advanced sUAS in the following areas:

• Agricultural Surveying • Aerial Photography (not including closed-set filming) • Real Estate Photography • Product Demonstrations • Infrastructure Survey
FLA states that all sUAS flights that will occur overprivate orcontrolled access property will do so withthe property owner's prior consent and knowledge and that only people who have consented orotherwise have agreed to be in the area where photography and videography will take place will be captured. Additionally, FLA pilots hold FAA Private Pilot Licenses with Class III Medical Certificates and if observers are not qualified pilots, they will be trained by FLA pilots to understand the proper roles of an observer, communication procedures, proper visual scan techniques, operations atnon-towered airports, and appropriate sections ofthe Aeronautical Information Manual. Regulations from whichthe exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.27 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.105 14 C.F.R. 91.109 14 C.F.R .91.11914 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401- 91.417) 

## Unmanned Aircraft System

sUAS are a feasible method to obtain information ofagricultural cropland to determine optimum inputs thatresult in cost savings to farmers, yield security, and reduce environmental impact of excess fertilizers and chemicals in the soil. They have proven to save lives in dangerous situations such as flare-stack inspections and search-and-rescue missions.
We are petitioning for exemption to enable FLA to operate a DJI Phantom 2 Vision Plus multi-rotor equipped with a three-axis gimbaled camera, a DJI Inspire 1multi-rotor equipped with a three-axis gimbaled camera, and a DJI S-900 multi-rotor equipped with a three-axis gimbaled camera. These sUAS all weigh less than 25 lbs, have abuilt- in capabilityto limitthe height it flies above the ground, to limitthe radius ofthe distance it flies from the operator and includes a no fly zone feature. Each system also has the failsafe function ofthe autopilot system, which means when the communication betweenthe Main Controllerand the transmitter is lost, the system will automatically trigger Returnto Home and will land safely.
The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petitioner will only operate its sUAS in line ofsight ofa pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas withinthe sterile area described in the operators manual. Such operations will insure thatthe sUAS will "not create a hazardto users ofthe national airspace system or the public."

• Undernew FAA policy, "theFAAwill granta Certificate ofWaiverorAuthorization (COA) for flights atorbelow 200 feet to any UAS operatorwith a Section 333 exemption for aircraft thatweigh less than 55 pounds, operate during daytimeVisual FlightRules (VFR) conditions, operatewithin visual line ofsight (VLOS) ofthepilots, and staycertaindistances away from airports orheliports:

• 5 nautical miles (NM) from an airport havingan operationalcontroltower; or • 3 NMfrom an airportwith a published instrumentflight procedure, butnot an operational tower; or • 2 NMfrom an airportwithout a published instrumentflight procedure oran operational tower; or • 2 NM from a heliportwith a published instrumentflight procedure"

• Flights requiring an additional COA for operations outside the above parameters will be coordinated with the FAA.

• Maximum flight time for each operational flight will be 60 minutes.

• Flights will be terminated at 25%battery powerreserve should that occurpriorto the 60 minute limit.• The sUAV will be programmed so that it will not be operated at an altitude ofno more than 400 feet AGL, unless otherwise approved bythe FAA.

• Minimum crewfor each operation will consist ofthe sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman holding at a minimum an FAA Private Pilot Certificate and Third Class FAA Medical Certificate.

• The sUAS operatedbythe petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds ofno more than 100 knots.

• Given the small size ofthe sUAS andthe restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements. Additionally, the fact thatthe FLA pilots hold, at a minimum, an FAA Private Pilot Certificates demonstrates thattheyhave a high regard to safe operations with an understanding ofFARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as beingtrained to high safety standards.
Underthe requested exemption FLA ensures that all operators have completed a small unmanned aircraft systems (UAS) education and training program including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOT AMS andAircraft Circulars; Radio Communications Procedures; Human Factors and CrewResource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision-Making and Safe Operating Procedures. Privacy will be paramountto FLA, and we will safeguard all databy storing data on hard drives, and not on cloud-based software platforms unlessthere is a signed agreement in place with all personnel and private property owners in the photos orvideo.
We respectfullyrequest exemption under Section 333 to enable FLA to operate safe, low-risk commercial sUAV operations for the activities stated. FLA at all times will respectthe space and privacy ofcitizens and property whilst keeping our skies safe.
FLA will be utilizingthe same DJI proventechnologiesthe FAA has already scrutinized and approved for fourteen (14) other Section 333 exemptions. Furthermore, FLA would like the FAA to consider that this request is based offofDocket#FAA-2014-0995-0001 and is not precedent setting. Sincerely,

Scott Helmick Co-Owner Fly LowAero, LLC 2612 S Troy St Arlington, VA 22206 814-521-9262

## EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Fly Low Aero, LLC Systems requests an exemption from the following regulations as well as any additional regulations thatmaytechnically apply to the operation ofthe sUAV System: 

## 14 CFRPart 21, Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an FAA Modernization and Reform Act, Section 333 Exemption be issued for the DJI Phantom 2 Vision plus, DJI S-900, and DJI Inspire sUAS underthe following provisions: 

## 14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks.

These regulations provide that each aircraftmust display "N" andthe aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, orpilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by includingthe word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanentplacard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrast flag orbannerthat contains the words "UnmannedAircraft Ground Station" in letters 3 inches high orgreater. Since the aircraft will operate within view ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin. 

## 14 CFR61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no personthat holds a Private Pilot certificate may act as pilotin Command ofan aircraft for compensation orhire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does notcarry passengers or property for compensation orhire. Ourproposed operations require that the PIC must hold at least a Private Pilot Certificate issued bythe FAA and since the aircraft cannot carry passengers or property, we feel we meetthe intent of61.113 Subparagraph (b) eventhoughthe intent ofthis application is to conduct a business. 

## 14 CFR91.7 Prohibits the Operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable.

## 14 CFR91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemptionto this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, orpreparing for, flight. 

## 14 CFR91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists ofa small hand-held radio transmitter and while it does not offer a second set of"controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructorhaving "hands-on" the controls during flight, we feel thatthis technique meets the intent 91.109 and provides an equivalent level ofsafety. 

## 14 CFR91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles or structures it would be necessary to operate closerthan 500 feet to the items listed. Operations will only be flown overproperty or persons where permission has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which shouldbe considered in granting the exemption. 

## 14 CFR91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below 600 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. AnAbove Ground Level altimeter measurement above the takeoffpoint is transmitted via radio from the sUAS on-board computerto the display screen held bythe PIC, providing a constantly updated AGL readout. 

## 14 CFR91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-VFRconditions unless there is enough fuel to fly to the first point ofintended landing and to fly afterthat for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAS are battery operated and the maximum duration offlight from a single battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point ofintended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation withthe word "energy". We also request exemption from the 30 min reserve and ask that ourreserve will be to fly the mission to the point ofintended landing and have at least a 20%batteryreserve afterthat.

## 14 CFR91.203(a) & 

## (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed at the cabin orcockpit entrance so that it is legible to passengers orcrew." The sUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meet the intent of91.203, we propose that documents deemed appropriate for this aircraft bythe FAA will be collocated with the crew at the ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftviaplacard containingthe following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR45.23. 

## 14 CFRSubpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operatoris primarily responsible for maintainingthe aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for returnto service by a person authorized under 43.7" aftermaintenance and inspection. It is ourintention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for returnto service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition, conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All othermaintenance will be performed bythe manufacturer ortheirdesignated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety.