January 29, 2015 

## Precision Unmanned Aerial, LLC 1056 Snidow Dr 

# West Linn, Oregon 97068 305-218-5954

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam: I am the Precision Unmanned Aerial {PUA), LLC, managing member, and currently the Director ofOperations on a Part 135 certificate. I hold three airline transport pilot ratings (ASEL, MSEL, Rotorcraft) and have been conducting the types of operations of interestto PUA, LLC in conventional aircraft for several years. We operate Precision Unmanned Aerial, LLC at the highest level ofsafety possible while loweringthe operational risks to the public. One ofour main goals is to bring awareness to the general public and noncommercial operators about safe UAS operation. We are currently working on computer based software to help operators who are not pilots understand the National Airspace System (NAS) so they will notviolate airspace when flying recreationally. We believe all UAS noncommercial operators should be required to complete some kind of educational course upon purchase of a UAS. We look forward to helping the FAA with any research needed for establishing UAS rules and regulations. Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Precision Unmanned Aerial, LLC, an operator of Unmanned Aircraft Systems ("UAS") specializing in aerial photographyfor: yacht photography, land surveying, real estate photography, motion picture and television industry and search operations is applying for an exemption from the Federal Aviation Regulations ("FARs") to allow commercial operation of its UASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333. As described below, theU.S. Department ofTransportation February 2, 2015 Page
- 2 - requested exemption would permit the operation ofsmall UAS under controlled conditions. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.

The name and address ofthe applicant is: Name: Precision Unmanned Aerial, LLC Attn: Email: Address: Ryan Swakon rswakon@precisionunmannedaerial.com 1056 Snidow Dr West Linn, OR. 97068 Phone: 305-218-5954 Regulations from which the exemption is requested: 

# • 61.113(a) & (b) 

# • 91.7 (a) 

# • 91.103 

## • 91.119(c) 

# • 91.121 

# • 91.151(a) 

# • 91.203(a) & (b) 

# • 91.405(a) 

# • 91.407(a)(1) 

## • 91.409 (a)(1) & (2) 

# • 91.417(a)&(b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In makingthis determination, the Secretary is required to determine which types of UAS do not create a hazard to users ofthe NAS orthe public or pose athreat to national security in light ofthe following:U.S. Department ofTransportation February 2, 2015 Page- 3-

• The UAS's size, weight, speed, and operational capability • Operation ofthe UAS in close proximity to airports and populated areas • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraft in the national airspace system." Id. §333(c). The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority by itsterms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, and UASs from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 of this title ifthe Administratorfinds 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). Such operations will insurethat the UAS will not create a hazard to users ofthe national airspace system orthe public. Given the small size of Precision Unmanned Aerial, 

### llC UASs and the environment within which they will operate, Precision Unmanned Aerial, 

### llC UAS operations adhere to the Reform Act's safety requirements. Additionally, approval ofthis application presents no national security issues. Based on the substantial level ofsafety surroundingthe proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant ofthe requested exemption is in the public interest. Accordingly, Precision Unmanned Aerial, LLC respectfully requests that the FAA grant the requested exemption without delay. 

### AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Precision Unmanned Aerial, LLC currently operates two differenttypes of UASs and has plans to add an additional model to ourfleet the second quarter 2015.
• DJI Phantom 2 (Currently) • DJI Inspire 1 • DJI SlOOO (Currently) (SQ- 2015) Both the Phantom 2 and the Inspire 1 are highly successful consumer grade UAS Quadcopters designed to carry a high definition (HD) camera powered by four electric motors. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensorU.S. Department ofTransportation February 2, 2015 Page- 4- augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarilythrough an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowingthe operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes ofoperation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller system and maximum altitude can be preprogrammed by the PIC. The flight controller/ipad will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state. All UAS operations conducted 

### by Precision Unmanned Aerial, LLC 

### will:
• Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• Operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Only operate its UAS in line ofsight ofthe operator (PIC).

• Limit each operational flight to 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur priorto the 30 minute limit.

• Operated at an altitude of no more than 400 feet AGL.

• Be operated by a FAA licensed airman with at least a private pilot's certificate and third class medical.

• Be operated at a lateral distance of at least 100feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance ofthe operation.

• Require operators (PIC) to check for anyTemporary Flight Restrictions (TFR) by calling 1800WX Brief and a current sectional chart forthe area ofoperation to make sure they will notviolate National Airspace System (NAS).U.S. Department ofTransportation February 2, 2015 Page- 5-

• Have the capabilityto return to a pre-determined location ifthe UAS loses communications or loses its GPS signal

• Have the abilityto communicate if needed by Radio or Phone. Operators (PIC) during all UAS operation have the local Flight Standards District Offices (FSDO) and the closest airport control towers phone number and frequency.

• Be entered and tracked in our aircraft management software. The software tracks all of the components ofthe UAS as well as flighttime for the UAS and pilot. It will not allow maintenance to be overflown, thereby enhancingthe safety ofthe program. 

### DISCUSSION OF EXCEPTIONS REQUESTED 14 C.F.R. § 61.113{a) and (b): Private Pilot Privileges and limitations: Pilot in Command 

### Sections 61.113 (a) and {b) limitprivatepilots to non-commercial operations. Because the UAS will notcarry apilot orpassengers, theproposedoperations can achieve the equivalentlevelof safetyofcurrentoperations by requiring the PICoperating the aircraft to have aprivatepilot's license rather than a commercialpilot's license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based Operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the use ofa UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level ofsafety sought by 14 C.F.R. §61.113 (a) and (b). 

### 14 C.F.R. §

### 91.7(a) Civilaircraftairworthiness 

### (a) No person mayoperate a civil aircraft unless it is in an airworthy condition. Since no FAA regulatory standard exists for determining airworthiness ofthe UAS, the regulation will need an exemption. Precision Unmanned Aerial, LLC compliance with our operating documents will be sufficient means for determining an airworthy condition.U.S. Department ofTransportation February 2, 2015 Page- 6- 14 C.F.R. § 91.103: Preflight Action 

### Section 91.103 requires eachpilot topreflight an aircraftbeforeflight to insure the safetyof flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level ofsafety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, Notices to Airmen (NOTAM), landing and takeoffdistances, and aircraft performance data before commencement offlight.
14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. 

### Section 91.119provides, in pertinentpart, that: "
...except when necessary for takeofforlanding, noperson mayoperate an aircraftbelow thefollowing altitudes:
..... (b) Overotherthan congestedareas. An altitude of 500 feet above the surface, except overopen waterorsparselypopulatedareas. In those cases, the aircraftmaynotbe operatedcloser than 500 feet to anyperson, vessel, vehicle, orstructure." Because Precision Unmanned Aerial, LLC requests authorityto operate at altitudes only up to 400 AGL, an exemption is needed to allow such operations.
14C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set: 

### "
...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe 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:U.S. Department ofTransportation February 2, 2015 Page
- 7-

### "aflight in an airplane under VFR conditions unless (considering windand forecast weatherconditions) there is enoughfuel tofly to thefirstpoint ofintendedlanding, and, assuming normal cruising speed- (1) During the day, tofly afterthat far atleast30 minutes; or (2} Atnight, tofly afterthat for atleast45 minutes." The batterypowering the UASprovides approximately30minutes of powered flight. To meet the 30minute reserve requirement in 14 CFR §91.151, sUASflights wouldbe limitingfactor. Given the limitations on the UAS on exemption maybe needed. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) 

### Exceptasprovidedin§91.715, no person mayoperate o civilaircraft unless ithas within it thefollowing: {1} on appropriate and current airworthiness certificate. {b) No person mayoperate o civil aircraft unless the airworthiness certificate requiredby paragraph (a) ofthis section oraspecialflight authorization issuedunder §91. 715 is displayedat the cabin orcockpitentrance so thatit is legible topassengers orcrew. The UAS fully loaded weigh is no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the UASs. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the controller (PIC) ofthe UAS will have immediate access to them, to the extentthey are applicable to the UAS. 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 thataircraft inspectedasprescribedin subpartEofthispart andshall between required inspections, exceptasprovidedin paragraph (c) ofthis section, have discrepancies repaired asprescribedin part43 ofthis chapter
...,"andothers shall inspect ormaintain theaircraft in compliance with Part43. Given that these section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level ofsafety will be achieved because these UAS are very limited in size and will carry a small payload. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400feet AGL. The operator will ensure that the UAS is in working order priorto initiatingU.S. Department ofTransportation February 2, 2015 Page - 8 - flight, perform required maintenance, and keep a log book ofany maintenance performed as well as track all flight hours. 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. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed. 

### SUMMARY FOR PUBLICATION Precision Unmanned Aerial, LLC seeks an exemption from the following rules:
14 CFR 61.113(a) & (b); 91.7 (a); 91.103;91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) &(b).
To operate commercially small unmanned vehicle (SSibs or less) in yacht photography, land surveying, real estate photography, motion picture and television industry and search operations. Approval ofexemptions allowing UASs commercial operations in the areas list above will enhance safety by reducing risk. A UAS weighingfewerthan 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried on board traditional aircraft performing the same function. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall UAS conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These UASs operate at very slow speeds, close to the ground, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximityto the ground and people.
Privacy All flights will occur over private or controlled areas with the property owner's prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012 (size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security) provide more than adequatejustification to grant Precision Unmanned Aerial, LLC requested exemption.U.S. Department ofTransportation February 2, 2015 Page
- 9-

Ifyou have any questions or need any additional information, please contact me at 

### 305-218- 5954 or rswakon@precisionunmannedaerial.com

Sincerely, Precision Unmanned Aerial, LLC 

## /

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- Managing Member