April 24, 2015

Exemption No. 11430 Regulatory Docket No. FAA

– 20 15

– 0170

Mr. Patrick MacAllister Aerial Optics

P.O. Box 26 Humarock, MA 02047

Dear Mr. MacAllister :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 22, 2015 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Aerial Optics ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to

conduct aerial surveying, photography, videography

, training, monitoring, and inspections.

See Appendix A for t he petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI F550 and a custom built 450mm waterproof quad copter.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, th e FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for O ur Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved us ing an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you pre sent; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Aerial Optics is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Aerial Optics is hereafter referred to as the operator.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI F550 and a custom built 450mm waterproof quad copter when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a pet ition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundsp eed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any devi ce other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and V O at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight opera tions. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate t he UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made availa ble to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.

Oth erwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the4

operator’s responsibility to track such revisions and present updated and revised

documents to th e Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the ope rating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and pro perty.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC mus t also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia , Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements spe cified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS wil l be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC5

qualification flight hours and currency must be logged in a manner consistent with

14 C FR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

under thi s exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operat ions are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be co nducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA is sued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizon tally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- is sued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

numbe r, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure

that non participating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating p ersons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not

p resent an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

b oundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on th e NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to th e local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used ;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and th e altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

This exemption terminates on April, 30, 2017 , unless soo ner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards ServicePatrick MacAllister DBA, Aerial Optics

P.O Box 26

Humarock MA 02047 (781)588

- 3259 Patrick@aerialoptics.net

Date: January 22 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Patrick MacAllister DBA Aerial Optics for Exemption Pursuant to Section 333

Of the FAA Reform Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Patrick MacAlli ster DBA, Aerial Optics

, owner and operator of Small Unmanned Aircraft Systems (“sUAS ”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial opera tion of sUAS , 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 333.1

The proposed exemption, if granted, would allow Patrick MacAllister DBA, Aerial Optics to conduct commercial operations of small unmanned aircraft systems (“ s UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Statutory Authority Section 333, titled “Special Rules for Certain Unm anned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airsp ace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “ expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the following regulations:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.119

14 C.F.R. 91.12114 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.215

14 C.F.R. 91.405

14 C.F.R. 91.407

14 C.F.R. 91.409

14 C.F.R. 91.417

14 C

. F

. R

. 91.109

Patrick MacAllister DBA, Aerial Optics is peti tioning for exemption to enable Aerial Optics to operate a DJI F550 (6 Motor sUAS) Utilizing the DJI Naza

- M V2 flight controller and a custom built 450mm waterproof quad copter (4 Motor) sUAS also utilizing the DJI Naza

- M V2 flight

controller. The sUASs wi ll be equipped with cameras, camera stabilizing gimbals and OSD (on screen displays) providing the PIC with altitude, airspeed, battery life and direction. Our UAS flight controllers utilize GPS to limit the altitude above the ground and limit the radius o f the

dis tance it flies from the PIC

. Our UASs have GPS guided failsafe functions allowing the autopilot system to fly back to the launch site autonomously. If the transmitter is disconnected the sys tem will automatically trigger r eturn to h ome and will la nd safely. Our larger UASs will be equipped with emergency parachute systems to drastically reduce damage to objects or persons on the ground in the event of a total system malfunction.

Pending FAA exemption Aerial Optics will be testing other styles of s UAS including coaxial motor configurations to aid flight characteristics in less than perfect conditions. Any new sUAS will be thoroughly tested and adhere to regulations imposed by FAA Section 333.1 and our General Operating Standards listed on page #3&4.

Please refer to the attached Naza

- M V2, and DJI

- F550 instruction m anual for the performance limitations and flight operations

.

Aerial Optics is owned and operated by Patrick MacAllister. Patrick has been in the Aviation Industry for 24 years and holds a commercial rotorcraft license as well as a current CFI (Certified flight instructor) certificate. He has flown many aerial tours and photo flights piloting manned aircraft, has over 20 years experience in remote controlled aircraft and 2 years experience building, testing and flying sUAS.

Our commercial activities would include :

• Aerial s urveying

• Event photography/v ideography

• Real estate p hotography

• Aerial filmmaking and photography

• Unmanned aerial sightseeing

• Construction site inspections and monitori ng

• Building inspections

• UAS training and safe operationsFCC INFORMATION

This Spektrum transmitter used for controlling the sUAS complies with part 15 of the FCC

rules. Please refer to the attached Spektrum transmitter manual,

Operation is subject to the following two conditions: (1) This device may not cause harmful interference, (2) T his device must accept any interference received, including interference that may cause undesired operation.

The Spektrum radio transmitter used for controlling the sUA S is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

PILOT IN COMMAND AND OBSERVER QUALIFICATIONS AND DUTIES

T he PIC will m aintain at least a Commercial Pilot Certificate and a current Class III medical certificate, plus at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type of UAS utilized in operations. The PIC will have at least 40 hours total t ime and at least 2 0 hour s flying Radio Controlled Aircraft of which will be 10 hours flying sUAS.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight pr eparation, in flight operation and post flight requirements. P rocedures including

but not limited to:

• Safe flight operations

• Risk assessment and mitigation to persons and property

• Site s uitability

The Observer must have the v isual acuity to observe the sUAS and be able to communicate clearly with the PIC utilizing hand signals, verbally or 2 way radios

. The Observers duties are;

• Notifying the PIC of any impending obstacles in the flight path of the sUAS.

• Notifying the PIC of any deviations in the planned flight path of the sUAS.

• Notifying the PIC if unauthorized persons enter the area of the planned flight.

GENERAL OPERATING STANDARDS

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAS will be operated. The sUAS will not beoperated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Befo re an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the PIC will give the right of way to avoid flying in the proximity of

full

- scale aircraft. At no time will the sUAS be operated within the final approac h course and the takeoff course of any runway . The sUAS will not be ope rated at an altitude of

over 200 feet AGL.

• Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Aerial Optics will only operate its s UAS in line of sight of a PIC and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will

insure that the sUAS will not create a hazard to users of the national airspace system or the public.

• All of our operations will be under 200’ if we are operating within the 30mi reach of a

mode c vail.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

• The sUAS will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visua l Observer.

• The sUA S operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The sUAS will op erate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontal ly.

• All operations must utilize a visual observer (VO). The VO and PIC must be able to Communicate by voice , 2 way radio or hand signals at all times during a flight operation.

• Operations will be restricted to flights over water, public or private prope rty with the permission of the property owner(s)

• All required permits will be obtained from state and loca l government prior to operation.

• sUAS will not be operat ed over densely populated areas.

• sUAS will not be operating over any open

- air assembly of people.• sUAS will not be operating over heavily tr afficked roads.

• All new to service sUAS both custom and pre

- manufactured will have a minimum of 25 logged flight hours and deemed safe by the PIC prior to commercial operations.

HOW THIS REQUIST IS TO THE BETTERMENT OF OUR COMMUNITY

Our UAS are powered by batteries, smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels associated with traditional aircraft, enhance safety and diminish the likelihood of death or serious bodily i njury. Also w ith a small payload a nd typical flight time of only 20 minutes, there is little or no risk to national security. Low level photos and video are far more effective than ground or high altitude manned aircraft imagery for displayi ng detailed characteristics of ground based objects. The applicant in the past

has chartered full

- sized helicopters for this purpose, which has proven more cost ly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA S will be incredibly valuable to future clients. Aerial sightseeing will be conducted safely over coastal Massachusetts wa ter ways and underpopulated areas. This new form of t ourism will allow all individuals including children, elderly and disabled to enjoy the fee ling of flight and see the area from a bove without the noise, danger and cost associated with traditional helico pter s

. Additionally, we will make our sUAS available to first responders in our community who might require assistance , including fire fighters, police, sheriff, et al., while remaining subject to all

limita tions cited in this application.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Patrick MacAllister DBA Aerial Optics requests an exemption from the following regulations as well as any additional regulations that may technically ap ply to the operation of the sUAS System.

14 CFR Part 21, Airwo rthiness Certificates : This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimenta l certificate be issued f or our UAS’s under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show c ompliance for issuanceof type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be use d for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carr y fuel, and will only fly under strict operational requirements. Combined

with the UA S lightweight, being constructed primar ily of carbon fiber and plastic in conjunction with the ability to utilize emergency parachute systems. W e propose that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, an d the requirement for an airworthiness certificate in general, citing the equivalent level of s afety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.2 9 Size of marks: These regulations provide that each aircraft must display "N" and the 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 near the entrance to the cabin, coc kpit, or pilot station. The sUAS 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 including the word "EXPERIMENTAL" in the placard on the top of th e aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed i n the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words

"Unmanned Aircraft Ground Station" in letters 3 inche s high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.7 Prohibits the Operation of an aircraft wi thout an airworthiness certificate : As no such certificate will be applicable in the form contemplated by the FARs, this Regulation

is inapplicable.

91.119 Minimum safe altitudes : 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 of the sUAS would be photography or survey of persons, vessels, vehicles o r structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where careful pre

- planned flight path has been performed. In the event of a system

malfunction or emergency landi ng with or without a deployed parachute. The hazard to persons or property on the surface will be very limited . Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned

aircra ft, which should be considered in granting the exemption.CFR 91.121 Altimeter settings : The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio

from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout. The Naza M V2 flight controller can be configured to geo

- fence the UAS

under the 400’ maximum altitude.

14 CFR 91.151 Fuel requirements for flight in VFR conditions : The regu lation provides that no person may begin a f light in an airplane under day

- V FR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. The purpose of this is to provide an energy r eserve as a safet y buffer for delays to landing. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph.

14 CFR 91.2 03(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 that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 55 pounds, the sUAS is too small to carry documentation, does not have an entrance, and i s not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXP ERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations : The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy co ndition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maint enance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition

conduct deta iled inspections after every five hours of flight. All m aintenance will be performed by the PIC in accordance with the manufactures manual. If required maintenance is beyond the ability of the PIC the maintenance will be performed by the manufacturer or their designated repair facility. Th e 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 of safety.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and c ertain flight tests : The regulation states that "No person may operate a civil aircraft that is being used for flightInstruction unless that aircraft has fully functioning dual controls." Training will be conducted by Aerial Optics we have the abi lity to provide dual controls utilizing two Spektrum transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, uti lizing the mast er transmitter, will be at all times be able assume control of the sUAS

. 14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use: This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace

must be equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations. Due to the small size and lifting capabilities of our UASs we cannot carry a traditional transponder. All of our o perations will be under 250’ if we are operating within the 30mi reach of a mode c vail.

CONCLUSION

By granting Patrick MacAllister DBA, Aerial Optics requested exemptions, the FAA will help

drive development of safe and successful commercial UAS operations and will advance the public know ledge base for such operations of UAS. Aerial Optics is committed to promoting the

UAS research effor ts of policymakers by sharing data from its commercial UAS operations and serving as a resource for future UAS r esearch operations.

As pointed out in this application, all the sUAS s which our company would use, under authorization by the US DOT

- FAA, are small, light

- weight devices operated within the line of sight of the Pilot

- in

- Command (PIC), less than 400 fe et above the ground and outside 5 miles from any airport or location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.

Aerial Optics seeks an ex emption pursuant to 14 C.F.R. and Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of our UAS
commercially, without an airw orthiness Certificate. By granting this Petition, the FAA

Administrator will be f ulfillin g the Congressional mandate of the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the public, by allowing Aerial Optics
to safely, efficiently, and econo mically operate s UA Ss commercially within the NAS. Wherefore

, in accordance with the Federal Av iation Regulations and the FAA Modernization and R eform
Act of 2012, Section 333, Aerial Optics respectfully requests that the Administrator grant this
Petition for an exemption from the requirements of 14 C.F.R Sections

.

Sincerely,

Patrick MacAllister Aerial Optics