Sudesh Saroop

Private Pilot , Executive Vice President PRiyaCOMM, LLC 48 Sutton Park Road Poughkeepsie, NY 12603 (845) 849

- 2205 ssaroop@priyacomm.com

A ugust 12 , 2015 United States Department of Transportation Docket Management System 1200 New Jersey Ave. , SE We st Building Ground Floor Room W1 2

- 140 Wa shington, DC 20590 **Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012** Dear Sir or Madam: I am writing concerning the FAA Modernization and Reform Act of 2012 (the "Reform Act") and the procedures contained in 14 C.F.R. 11. I am requesting that PRiyaCOMM, LLC , owned and operated by Karen Dipnarine

- Saroop be exempted from the Federal Aviation Regulations ("FARs") listed below so that Sudesh Saroop, Executive Vice President , PRiyaCOMM, LLC may operate its small unmanned aircraft/lightweight unmanned aircraft systems "UAS" in commercial airspace regulated by the Federal Aviation Administration ("FAA").
Prim ary uses will be low altitude aerial photography and video footage for educational , research, promotional, entertainment, and marketing purposes. PRiyaCOMM, LLC and Sudesh Saroop have operated a UAS on many occasions , non - commercially , without incident. Sudesh Saroop is also an FAA certified instrument

- rated private pilot since 1999 an d i s fully aware of the relevant FARs and the national airspace system

. The UAS utilizes battery power, not combustible fuels. Flight time ranges between five and twenty mi nutes. The UAS has GPS functionality to hover in place as well as a return to home function in case of loss of contact with the radio. It has an audible and visual warning s ys tem and will start to descend slowly if battery power reaches 25%. PRiyaCOMM, LLC 's exemption request would permit its operation of lightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. As stated earlier, Sudesh Saroop has UAS flight experience and is willing to abide and comply with the FAA's current and forthcoming regulations. The UAS wil l only be operated with full GPS reception in order to ma intain situational awareness using the displayed map and remain outside of pre

- programmed No Fly Zones. For the reasons stated below, PRiyaCOMM, LLC respectfully requests the grant of an exemption a llowing Sudesh Saroop to operate lightweight, remote controlled UASs as the sole pilot on behalf of PRiyaCOMM, LLC

. **1. Contact Information:** Mr. Sudesh Saroop PRiyaCOMM, LLC 48 Sutton Park Road Poughkeepsie , NY 12603(845) 849

- 2205

e - ma il: ssaroop@priyacomm.com **2. The Specific Sections of Title 14 of the Code of Federal Regulations from Which We Request Exemption**  is: 14CFR 21: 14 C.F.R. 45.23 (b): 14 CFR 61m113 (a) & (b): 14 C.F.R. 91, et seq.: 14 CFR 407 (a) (1 ): 14 CFR 409 (a) (2): 14 CFR 417 (a) & (b). U.S Dep't of Trans.
**3. The Extent of Relief PRiy** **aCOMM, LLC Seeks and the Reason It Seeks Such Relief:**  PRiyaCOMM, LLC submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating in cinematic, educatio nal, promotional, research, entertainment, and marketing flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil un ma nned aircraft systems into our National airspace s ys tem as it is in the public's interest to do so. Our lightweight UAS meets the definition of "small unm anned aircraft" as defined in Section 331 and therefore the integration of our lightweight UAS is ex pressly contemplated by the Reform Act. We would like to operate our lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UASs that may operate s afely

in our national airspace s ys tem. Considerations include: • The weight, size, speed and overall capabilities of the UAS: • W hether the UAS will be operated near airports or populated areas: and, • W hether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for PRiyaCOMM, LLC

. Our UAS utilizes four counter

- rotating propellers for extreme balance, control and stability. It weighs less than 3 pounds, including battery and all equipment. This small unmanned aircraft is designed to primarily hover in pla ce and operate at less than a 32 knot maximum speed. It is capable of vertical and horizontal operation but will operate only within the line of sight of the remote control pilot. In addition to the remote control pilot, we use a spotter, such that, at minimum, two PRiyaCOMM, LLC personnel govern the safe flight of the aircraft at all times. Utilizing battery power and not combustible fuels, flights generally last between five and twenty mi nutes. Wedo not operate the UAS with less than twenty five percent battery capacity. Safety systems in place include a GPS/GLONASS mo de that allows the UAS to stay outside No Fly Zones and to hover in place or return to takeoff l ocation if communication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. PRiyaCOMM, LLC does not operate the UAS near airports or near populated areas. To date, we have only operated the UAS in a non - commercial manner. Our operation of this small unmanned aircraft will not "create a hazard to users of the national airspace s ys tem or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS, combined with its operation in cordoned off and well

- controlled areas, this falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the national airspace s ys tem. Indeed, our UAS will not pose any threat to t he general public or national security. The FAA has the authority to issue the exemption sought by PRiyaCOMM, LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").**4. How this Request Will Benefit the Public As A Whole:**

Granting this exemption request will benefit the public by promoting education, research, and promotional ideas within the community

. Presently, it is cost prohibitive for local businesses to obtain aerial images and videos of properties and events by rentin g or hiring a commercial aircraft and photographer. Thus, we aim to offer a competitive advantage to small businesses and non

- profit organizations in documenting and/or promoting their products and work. One of our prime goals is to showcase the natural be auty of our environment to increase the appreciation of our parks, lakes, rivers, and mountain by the public thereby encouraging eco

-tourism and attendance at State parks and the preservation of our natural resources

. PRiyaCOMM, LLC would also like to use UASs for cinematic and entertainment purposes. The videos and im agery captured would be put together in films that offer entertainment to the general public audience. Progression of the arts and sciences has been fundamental to our society since its inclu sion in the United States Constitution. Congress mandated the integration of UASs into our national airspace system, in part, to achieve progression in this noteworthy and in evitable field. Permitting PRiyaCOMM, LLC to immediately fly within the United Sta tes furthers these goals. **5. Reasons Why PRi**  **ya COMM, LLC**  **Exemption Will Not Adversel y**  **Affect Safety or How the**  **Exemption Will**  **Provide a level of Safety A** **t Least Equal to**  **Existing Rule:** This exemption will not adversely affect safety . Since PRiyaCOMM, LLC h as experience with flying UASs, we are quite aware of (and follow) FAA safety protocols and airspace guidelines. PRiyaCOMM, LLC ’s UAS will be piloted by an experienced FAA Private P ilot. In addition we submit the following to represent the safety techniqu es we uphold when flying our UAS:

• Our UAS weighs less than 3 pounds complete with all mounted equipment and battery: • W e only operate our UAS below 400 feet . This limit is voluntarily programmed into the UAS for the safety of the public : • Our UAS only operates for 5

- 20 minutes per flight: • W e land our UAS when it reaches 25% battery power: • Our remote control pilot operates the UAS by line of sight: • Our remote control pilot has video backup and GPS locator should he somehow lose s ight of the UAS:

• Westaff each flight with a remote control pilot and spotter with communication systems e nabling real tim e communication between them: • Our UAS has GPS flight modes whereby it hovers, returns to takeoff position and then s lowly lands if communication wit h the remote control pilot is lost or battery power i s below 25%: • W e will actively monitor the position of the UAS on pre

- loaded maps to remain outside of restricted zones • W e actively analyze electronic flight data and other sources of information to constantly u pdate and enhance safety protocols: • W e conduct briefings prior to flight during which safety carries primary importance: • W e have procedures in place to abort flights in the event of safety breaches or potential d anger. It is important to note that absent the integration of commercial UASs into our national airspace system, helicopters and manned airplanes are the primary means of aerial motion picture and promotion al im agery. W hile the safety record of such aircrafts is remarkably astounding , it is far safer to operate a battery powered lightweight UAS. The potential loss of life is diminished because UASs carry no people on board and PRiyaCOMM, LLC only operates them in specific areas away from mass populations. There is no fuel on board a U AS and thus the potential for fire or explosions is greatly diminished. The small size and extreme maneuverability of our UAS allows our remote control pilot to avoid hazards. Given their sm all size and weight, even when close enough to capture amazing ima ges, our UAS needs not be so close to the objects it is focused on. Accordingly, our UAS has operated and will continue to operate at and above current safety levels. **6. Summary :**  A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness certificates and Manuals.14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of

necessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, weight and enclosed o perational area of PRiyaCOMM, LLC UAS permits exemp tion from Part 21 because PRiyaCOMM 's U AS me ets an equivalent level of safety pursuant to Section333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Se ction 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size speed, maneuverability and proximity to areas such as airports and dense populations. PRiyaCOMM, LLC UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is ina pplicable. 14 C.F.R § 91.9(b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a ma nual at the flight operations center . The FAA has previously issued exemptions to their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14C.F.R. § 91.121 regarding altimeter settings is inappl icable insofar as PRiyaCOMM, LLC utilizes electronic global positioning systems and internal gyroscopes to provide spatial coordination. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at PRiyaCOMM, LLC

. B. 14 C.F.R § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. PRiyaCOMM 's UAS is, by definition, unmanned. It therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficul t to place on such small aircraft. Regardless, PRiyaCOMM, LLC will mark its UAS in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot, technician, spotter and others worki ng with the UAS will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R.§§ 61.113 (a) & (b) private pilots are limited to non

- commercial operations. PRiyaCOMM, LLC can achieve an equivalent level of safety as achieved by current regulations because PRiyaCOMM, LLC UAS does not carry any pilots or passengers. Furthermore, PRiyaCOMM, LLC uses the wisdom of a certified FAA P rivate Pilot at all times . The risks attendant to the operation of PRiyaCOMM UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R.§ 61, et seq. Thus, allowing PRiyaCOMM, LLC to operate its UAS with a P rivate pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b). D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civi l aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. PRiyaCOMM, LLC will never operate at an altitude greater than 400 AGL. Given the size, weight, maneuverability and speed of PRiyaCOMM, LLC UAS, an e quivalent level of safety will be achieved. E. 14 C.F.R. 91.405 (a) (2); 417 (a) & (b): Maintenance Inspections. The above cited Regulations require, amongst other things, aircraft owners and operators to "have aircraft inspected as prescribed in subpart E of this part an d shall between required inspection, except as provided in paragraph 

### (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter .... " These Regulations only apply to aircraft with an airworthiness certificate. Therefore, the y will not apply to PRiyaCOMM, LLC should its requested exemption be granted. PRiyaCOMM, LLC conducts ama intenance program that involves regular software updates and curative measures for any damaged

hardware. Therefore, an equivalent level of safety will be achieved. F. Summary PRiyaCOMM, LLC and Sudesh Saroop seek an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R § 91.9 (b)(2); 14 C.F.R.§ 91.103(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; C.F.R. § 91.151 (a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a)(2);14 C.F.R. § 91.409 (a)(2);and 14 C.F.R.§§ 91.417 (a) & (b) to commerc ially operate its lightweight unm anned aircraft in educational, promotional, research, and motion picture or photography operations. Granting PRiyaCOMM, LLC ’s request for exemption will reduce current risk levels and thereby enhance safety. Currently aeri al promotion al and motion picture image filming rely primarily on the use of larger aircraft running combustible fuel. PRiyaCOMM aircraft does not contain potentially explosive fuel, is sm aller, lighter and more maneuverable than conventional aircraft. PRi yaCOMM, LLC ’s UAS operates at lower altitudes and in controlled airspace. There are no people on board PRiyaCOMM 's UAS and therefore the likelihood of death or serious bodily injury is significantly limited. PRiyaCOMM, LLC ’s operation of its UAS, weighing less than 3 pounds and travelling at speeds lower than 32 knots , will provide at least an equivalent level of safety as that achieved under current FARs. Accordingly, PRiyaCOMM, LLC respectfully requests that the FAA grant its exemption request without de lay . The FAA has the authority to issue the exemption sought by PRiyaCOMM, LLC pursuant to the Federal Aviation Act, 85 P.L. 726(1958), as amended (the "Act"). In closing, PRiyaCOMM, LLC would like to state that by granting PRiyaCOMM, LLC the exemption th e FAA would be helping a small business accomplish at least three things that would benefit the general public: 1) provide a cost

- effective service to local small businesses and non

- profits, 2) promote the appreciation and preservation of our natural resou rces, and 3 ) e ntertainment and educational value for all public audiences. Respectfully submitted, Sudesh Saroop Executive Vice President PRiyaCOMM, LLC 48 Sutton Park Road Poughkeepsie, NY 12603