### September 24, 2015

Exemption No. 12970 Regulatory Docket No. FAA

− 20 14

− 0906

Mr. Christopher M. Taylor Viking Unmanned Aerial Systems Inc. 16 Sanford Drive, Suite 5 Gorham, ME 04038

Dear Mr. Taylor :
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 October 22, 2014

, you petitioned the Federal Aviation Administration (FAA) on behalf of Viking Unmanned Aerial Systems Inc. ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmann ed ai rcraft system (UAS) to conduct aerial photography and 3

- D mapping for the agricultural industry

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on November 17, 2014

, ( 79 FR 68499 ). The FAA received two comments. The Small UAV Coalition (Coalition) support ed the petition, while the National Agricultural Aviation Association (NAAA) opposed it.

### 2

In support of the petition, the Coalition stated the petitioner has proposed to abide by stronger safety measures than hobby and modeler groups operating similar aircraft. The Coalition stated that it does not beli eve that heightened safety measures should be required for the petitioner simply because of the commercial nature of its operations. The Coalition urged the FAA to adopt an evaluation framework for UAS operations under Section 333 of Public Law 112

– 95 that weighs the relative safety issues and risks of UAS by class and operational circumstances, rather than adopting artificial distinctions among unmanned aerial vehicles based on commercial and noncommercial operations. The petitioner’s UAS pose considerably less safety risk than larger UAS. The Coalition asserted that because UAS operations like the petitioner’s pose minimal risk to safety, they should be subject to minimal and appropriate regulations.

The C o a lition not e d the F AA is to c onsid e r th e s e v e n fac t o r s 1 

### in s ec tion 333 a s a minimum. The C o a lition st at e d the p e tit i on shows the F AA shou l d c onsid e r f a c to r s oth e r t h a n those
sp ec i f i e d in s ec tion 333, such as: the location and the altitude of its small UAV operations. The C o a lition m a int a in e d th at the p e tition er’ s p r opos e d op erations s a tis f y the s e v e n fac t o r s in

s ec tion 333 a nd in c lude s e v e ra l a ddition a l miti g a ting f a c t o r s to e nsu r e the s afe t y a n d s ec u r i t y of the p r opos e d UAS op e r ations. The C o a lition e mph a si z e d the F AA must e v a l u a te e a c h f a c tor within the c ont e x t of the p e tition er’ s p r opo s e d UAS op e r a tions.

The C o a lition a lso c omm e nt e d th a t the F AA should g r a nt re li e f fr om the r e qui re m e nt to hold

a n a i r m a n ’ s c erti f

i ca t e. The Coalition further stated that if an airman certificate is required then, a t a minimum the, F AA should p r ovi d e a n e x ce ption fr om the tra ini n g a nd t e sting

r e quirements in part 61 in favor of requirements p ertin e nt to the a i r c raf t a nd op eration
p r opos e d. The C o a lition a lso a ss ert e d th a t in s ec tion 333 Congress intended for the FAA to consider n a tion a l s ec u ri t y with respect to the operation as opposed to addressing it through pilot certification.

The FAA notes that

, a s dis c uss e d in the g r a nt of e x e mption to T rimble N a vig a tion L td. (Exemption No. 1111 0 ) , n e ith e r s ec tion 333, nor th e F A A ’ s exemption authority 2 

### allows the F AA to e x e mpt pilots from the st a tuto r y r e qui r e m e nt to hold a n a i r m a n c e rti f i cate a s p re s crib e d in 49 U S C § 44711.

1 Section 333(b) of P.L. 112

- 95 states, in part: “In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanne d aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; . . . .”
2 49 USC § 44701(f)

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The C o a lition c omm e nt e d th a t a visual observer ( VO) should not be re qui r e d f or a ll sm a ll UAS op erations. The C o a lition f u rth e r a s s ert e d th a t the p re s e n c e of one o r mo r e VOs m a y

a llow the UAS to be op erat e d b e y o nd visual line of sight ( V L OS) of the pilot in command ( P I C) a nd th a t the p e tition er’ s p r o p os a l to op era te the unmanned aircraft (UA) within V L OS of the P IC and/or VO should b e p er mitt e d.

The F AA n ot e s th at one of the d e t er min ations f or op e ra t ions und e r s ec tion 333 is op eration within visu a l line of si g ht. T h e P IC must m a int a in V LOS w hile op erati n g the UA. The F AA finds th a t a VO c o mpl e m e nts the P IC’ s cap abili t y to s e e a nd a void oth e r a i r cr a f t, in c luding wh e n th e P I

C m a y b e mom e nt ar i l y a tt e ndi n g to oth e r f l y i n g t a sks. The VO p r ovid e s a n

a ddition a l l e v e l of op e ra tion a l s a f e t y

.

NAAA noted that its members operate in low

- level airspace, and therefore clear low

- level airspace is vital to the safety of these operators. NAAA stated that seeing and avoiding other aircraft and hazardous obstructions is the backbone for agricultural safety, and that agricultural p ilots depend on pilots of other aircraft to perform their see

- and

- avoid functions to prevent collisions. NAAA believes UAS operations at low altitudes will increase the potential for collision with agricultural aircraft.

The FAA recognizes these concerns and has incorporated associated conditions and limitations into this exemption, including: (a) a Notice to Airmen (NOTAM) issued for all operations; (b) operations conducted within VLOS of the PIC and the VO; and (c) the UAS PIC must always yield right

- of

- way to manned aircraft.

NAAA stated that FAA airworthiness certification should be a requirement for all unmanned aircraft to operate within the NAS. NAAA recommended UAS be equipped with ADS

- B or similar identification and positioning systems, strobe li ghts, high

- visibility markings and registration numbers. NAAA also recommended UAS be operated strictly within the line

- of

sight of the ground controller, with the assistance of a VO and clear of any low

- flying manned aircraft.

As discussed below, Section 333 of the FAA Modernization and Reform Act of 2012 authorizes the Secretary of Transportation to determine, considering a number of factors laid out in the statute, that an airworthiness certificate is not necessary for certain operations. The Se cretary has made that determination in this case and therefore the aircraft operated by the petitioner will not need to be certificated by the FAA.

Airworthiness Certification

The UAS proposed by the petitioner is a VikingUAS, Tethered Aerial Platform

. 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

### 4

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, the FAA fin ds that the requested relief from 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. 3 

### 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), 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642) , and 12645 to Allied Drones ( see Docket No. FAA

- 2014

- 0804) , the FAA found that the enhanced safety achieved using an unmanne d 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 t he 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, 11213 , a nd 12645 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213

, a nd 12645 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the f

oregoing, 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, Viking Unmanned Aerial Systems Inc. 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.

3 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measuremen t (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

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Conditions and Limitations

In this grant of exemption, Viking Unmanned Aerial Systems Inc. is hereafter referred to as the operator.

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 VikingUAS, Tethered Aerial Platform when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

n ot permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be op erated 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 device 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 VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains 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 operations. 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 the 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 available to the Administrator upon request. If a discrepancy exists between the conditions and

### 6

limitat ions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The oper ator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present upd ated 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 operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS ope ration 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 mus t 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 property.

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 compo nents, 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 f light.

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 b ulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued b y a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal G overnment. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certific ate.

### 7

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 will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, pr oficiency, 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 this 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 operations 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 conducted 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 issued to the exemption holder. The letter of agreement with the airport management must be m ade 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 horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or
streamer s is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS sign al, the UA must return t o a pre

- determined location within the pr ivate or controlled

- access property.

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

21. 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

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intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.

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

- issued 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

.

23. All aircraft operated in accordance with this exemption must be identified by serial number, 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 lar ge as practicable.

24. 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.

25. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

27. 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 suffi ciently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protectio n and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; 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 present an undue hazard.

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

28. 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.

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

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

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

- day notificatio n 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 a nd 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 permi ssion 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 the altitudes essential to accomplish the operation.

32. Flight operations may be conducted closer than 500 feet from participa ting 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.

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This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresChristopher M. Taylor T: 

### + 1 207 6711143 ctaylor@vikinguas.com

October 22, 2014

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

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.P.R. 45.23(b); 14 CPR Part 21; 14 CPR 61.113 (a) & (b); 91.7 (a); 91.9(b)(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F .R. Part 11, Viking Unmanned Aerial Systems Inc, Manufacture and operator of small Tethered Aerial Platform ("TAP") equipped to conduct aerial photography and 3d mapping for the Agricultural Industry to help Farmers in the US get higher yield on their products, Tower and Pipeline Inspection, Realist ate photography and Movie and News video gathering, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation for its" TAP", so long as such operations are conducted within and under the conditions outlined herein

or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of a small Tethered Aerial Platform ("TAP") and relatively inexpensive TAP under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant is:

Viking Unmanned Aerial Systems Inc Attn: Christopher M. Taylor Ph: 207-671-1143 Email: ctaylor@vikinguas.com Address: 16 Sanford Drive, Suite 5 Gorhan, Maine 04038



### 1

### The conditions proposed by the applicant are drawn from order 8900.1 CHG 0

Regulations from which the exemption is required

14 CFR Part 21 14 C.P.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR 91.9 (b)(2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a)(1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types ofT APSs do not create a hazard to

users of the NAS or the public or pose a threat to national security in light of the following:

• The TAP's size, weight, speed, and operational capability

• Operation of the TAP in close proximity to airports and populated areas; and

• Operation of the TAP within limits of the tether and the operator.

Reform Act Section 333 (a). Lastly, if the Secretary determines that such operations "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." ID Section 333( c) (emphasis added)

The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section 40101 of the Act that includes TAPs, from the requirement that civil aircraft must have a current airworthiness certificate.



### Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation of the TAP, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.

2

### 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 if the Administrator finds the exemption in the public interest. 49 U.S.C. Section 4470l(f)



### see also 49 USC Section 44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1).

Viking Unmanned Aerial System Inc

- Agricultural Aerial Services Division TAPs rotorcraft, weighing 55 or fewer or lbs. including payload. They operate, under normal conditions at a speed of no more than 70 knots and in the case of our multirotors have a capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate in a Safety Circular and will operate only within the sterile area made up of farm land, power and utility grid and Video area.

Given the small size of the TAPs involved and restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of TAPs to commence immediately. Also due to the size of the TAPs and the restricted areas in which the relevant TAPs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions exemptions associated with allowing TAPs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to the TAP that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusted currently being used with conventional aircraft.



### 31. The TAPs will weigh less than 55 lbs. 2. Flights will be operated within line of sight and length ofthe tether, of an operator and/or observing. 3. Maximum total flight time for each operational flight will be 30 minutes for multirotor. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operational will be operated at an altitude of no more than 1,000 feet AGL

or 5 feet above the structure. 5. Minimum crew for each operation will consist of the TAP Operator, and Visual Observer. 6. TAP operators will be an certified by the aircraft manufacture for operation sand have No Medical required. The observer will hold at least manufactures ground school certificate. No medical required 7. TAP Operators will be pilot in command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the aerial coordinator), that person can also be designated as PIC 8. The TAP will only operate within a confined "sterile area" as defined in the manual. It requires the establishment of a "Security Perimeter" for the flight operations area. 9. A briefmg will be conducted in regard to the planned TAP operations prior to each day's production activities. It will be mandatory that all personal who will be performing duties within boundaries of the safety perimeter be present for this briefing. 10. The operator will fly a FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the appropriate Air Traffic Organization. 11. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons be allowed within 1 00 feet of the flight operation, and this radius
may be reduced to 30 feet based upon an equivalent level of safety and determination, as required by the Manual. With the advanced permission of the FSDO, operations at closer range can be approved. 12. The operator will submit a written Plan of Activities to the ATO three days before the proposed shoot as required. 13. Operator and observer will have been trained in the operation of TAP generally and received up-to-date information on the particular TAO to be operated Observer and Operator will at all times be able to communicate by voice or text. 14. Written and/or oral permission from the relevant property holders will be obtained. 15. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 16. If the TAP losses communications or it losses its GPS signal, the TAP will have capability to return to a pre-determined location within the Security Perimeter and land. 17. The TAP will have capability to abort flight in case of unpredictable obstacles or emergencies.



### 414 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, proximity to airports and populated areas of the particular TAP. In all cases, an analysis of these criteria demonstrates that the TAP operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the retractions and conditions proposed.

The TAP to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set out in manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the manuals requirements, and under the requirements and in compliance to local public safety requirements, to provide security of the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to motion picture and television production, provide a greater degree of safety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the TAP, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. In addition Viking Unmanned Aerial Systems Inc
wants to be able to transfer all associated paperwork such as this Section 333 Airworthiness Certificate for TAP to customers which purchase our systems for operations defined in this document.

14 C.F .R. Section 45.23 (b). Marking of the aircraft

The regulation requires:

When marks include only the Roman capital letter ''N" and the registration of the number is displayed on limited, restricted or in a light-sport category aircraft or experimental or provisionally certified aircraft, the operator must also display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light spot," "experimental," or "provisional," as applicable.

Even though the TAP will have no airworthiness certificate, and exemption may be needed as the TAP will have no entrance to the cabin, cockpit or pilot station on which the word "experimental"

can be placed. Given the size of the TAP, the two inch lettering will be impossible. The word "experimental" will be placed on the fuselage in compliance with 

### §45.29 (f).

The equivalent level of safety will be provided by having the TAP marked on it fuselage as required by §45.29 (f) where the operator, observer and others working with the TAP will see the identification of the TAP as "Experimental." The FAA has issued the following exemptions to this regulation to exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167A.



### 514 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the TAP will
not carry a pilot or passengers and be tethered to the ground, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have Factor Training, rather than have than a commercial pilots license to operate this small TAP. Unlike

a conventional aircraft that carries a pilot and passengers, the TAP is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety provided by the requirements included in the manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft.. The risks associated with the operation of the TAPS are so diminished from the level of risk associated with the operation of a commercial operations contemplated with Part 61 when drafted, that allowing operations of the TAP as requested with a Factory Trained Operator as the PIC exceeds the present level of safety achieved by 14 C.P.R. §61,113 (a) & (b).

14 C.P.R. §91.7 (a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the manual for maintenance and use of safety check lists prior to each flight, as set forth in the manual and equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft

...
(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placard, or any combination thereof.

The TAP, given its size and configuration has no ability or place to carry such a flight manual

on the aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the operator flying the TAP will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602,32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of the flight. As the FAA approved rotor craft flight manuals will not be provided as set



### 6forth in the manual. The OIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

TAPs and remotely controlled aircraft, by there design do not have fully functioning dual controls. Flight control is accomplished though the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos.5778K & 9862A. The equivalent level of safety provided by that neither

a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As exemption is for the TAP that is a helicopter and the exemption requests authority to operate at altitudes of up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption is may be needed to allow such operations. As set forth by herein, except for the limited conditions stated in the Manual, the TAP will never operate higher than 400 AGL. It will however be operated in a restricted area with a security perimeter, where buildings and people will
not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the TAP as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighing more far more than the maximum 55lbs. proposed herein and the lack of flammable fuel,
any risk of associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the fihning industry. In addition, the lowaltitude operations of the TAP will ensure separation between these small TAP operations and the operations of conventional of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to a altimeter that is set "

... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the TAP may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits and individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the



### 7first point of intended landing, and assuming normal cruising speed - ( 1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the TAP provides approximately 60 minutes of powered flight. To
meet the 30 minute reserve requirement in 14 CFR §91.151, TAP flights would be limited to approximately 30 minutes in length. Given the limitations on the TAP's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small TAP, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 3 0 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was intended to alleviate given the size speed of the small TAP. Additionally, limiting TAP flights to 30 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens frrst. This restriction would be more than adequate to return the TAP to its landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate

...
(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew.

The TAP fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or display them on the TAP.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the TAP will have immediate access to them, to the extent they are applicable to the TAP. The FAA has issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700.

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)



### 8These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.

.. ," and others shall inspect or maintain the aircraft in compliance with part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small TAP are very limited in size and will carry a small payload and operate only in restricted

areas for limited periods of time. If mechanical issues arise the TAPs can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the TAP is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpartH; 14 C.F.R45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations.

Approval of exemptions allowing commercial operations ofT APs in the Agricultural 3d mapping/scanning industry and filming will enhance safety by reducing risk. Conventional operations using jet or piston aircraft, operate at extremely low altitudes just feet from the equipment and livestock and structures; and present the risks associated with vehicles that weigh in the neighborhood of 3,000-5,000 lbs., carrying large amounts of jet A or other fuel in most cases helicopters operating with 140 gallon fuel tanks. The TAP will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operations of small TAPs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing commercial operations. These lightweight TAPs operate at slow speeds, close to the ground and in sterile environment and tethered, as a result, are far safer than conventional operations conducted with a piston and or turbine aircraft operating close
to the ground.

Public Acknowledgement/Privacy

All Flights will occur only once the property owner has authorized operations to be conducted.



### 9Satisfaction ofthe criteria provided in Section 333 of the Reform Act of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line of sight provides more then adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's TAP in the agricultural scanning services and filming industry.

Sincerely, Christopher M. Taylor Viking Unm ed Aerial Systems Inc

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