FAA	Exemption Rulemaking

Section 333 Of	The	FAA	ReformAct	and	Part 11
Prepared by: MarkAdkins 1096	Chippewa	DR	NW Rochester,	MN	55901 mark@UAV

-Pros.com
September	20, 2015



### Attention: United States Secretary

of Transportation Mr.	Anthony	R. Foxx 1200	New	Jersey	Ave, SE Washington DC 20590



### Re: Exemption Request Section 333 of the FAA Reform Act and 14 CFR Part 11 of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 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); 91.409 (a) (2); 91.417 (a) & (b)

Dear	Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, UAV

-Pros, LLC., a Minnesota Limited Liability Corporation, consultant, and operator	of	Small	Unmanned	Aircraft	Systems		(“sUASs”) equipped		to		conduct		aerial	photographyand	videography	purposes,	hereby	applies	for an exemption	from	the	listed	Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, 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 ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited,	2) predetermined, and 3) controlled as to access. Approval ofthis exemption would thereby fulfill theSecretary of Transportation’s responsibilities to “...establish requirements for the safe operationof such aircraft systems in the national airspace system.” Section 333 (c) ofthe Reform Act.UAV

-Pros, LLC requests to use the DJI Phantom	2,		Phantom	3 andInspire 1 for aerial imaging. The FAA has previously	issued Grants o f Exemption in circumstances similar in nearly all material respects to those	presented in this petition. In previous Grants of Exemption [Nos. 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 Labs, Inc. (see Docket No. FAA−2014−0642)], the FAA found that the enhanced safety achieved using an unmanned	aircraft with the specifications described by the petitioners, carrying no passengers or crew—rather	than a manned aircraft offar greater proportions, carrying crew and flammable fuel

—gave the FAA	good cause to find that the UAS operations were in the public interest. UAV

-Pros, LLC feels that	the reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 would	also reasonably apply to the situation presentedbythis petition. Additionally, we feel thatconsidering	the enhanced safety features provided by these sUAS’s as well as the cost effectiveness of small UAS aerial photography, a grant of exemptionwouldbe in	the public interest.

The name and address of the applicant is:
UAV

-Pros, LLC Attn: Mark	Adkins Phone:	507

-254

-2748 Email:

## mark@UAV

-Pros.com Address: 1096	Chippewa	DR	NW,	Rochester,	MN	55901
**Regulations	from	which the	exemption	is**  **requested: 14	CFR	Part**  **21**
14	CFR	91.7 (a) 14	CFR 91.103 14	CFR 91.119 14	CFR 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) ofthe Reform Act. This directs the Secretary of Transportation to considerwhether	certain	unmanned	aircraft	systems	may	operate safely	in		the		national		airspace system (NAS) before completion of the rulemakingrequired under Section 332 ofthe Reform Act. In making	this determination, the

Secretary is required to determine which types of UASs do not create a	hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following:

• The	sUAS’s	size,	weight,	speed,	and	operational capability

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

• Operation ofthe UAS within Visual Line ofSight (VLOS) ofthe Pilotand Observers. Lastly, if the Secretary determines that such vehicles “may operate safely in the	national airspace system, the Secretary shall establish requirements for the safe operation ofsuch	aircraft in the national airspace system.” Reform Act §333 (a)

. The Federal Aviation Act expressly	grants the FAA the authority to issue exemptions. This statutory authority by its terms includes	exempting civil aircraft, as the term is defined under §40101 oftheAct; thatincludes sUASs, fromthe requirement that all civil aircraft must have a currentairworthiness certificate. The Administrator may	grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis	section or any sections 44702

-44716 of this title iftheAdministrator finds the exemption in the public	interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

UAV

-Pros, LLC’s sUASs are small rotorcraft aircraft, weighing less than 80 oz including sensor		payload.		We		operate our		rotorcraft		under		normal		conditions		at	a	speed	of	no more	than 17knots, usually 0

-5 knots. The rotorcraft have the capability to hover and move in the vertical and	horizontal plane simultaneously. We will manually operate only in Visual Line of Sight

. Given the small size and weight of the sUASs involved and the environmentwithin which they will operate, UAV

-Pros,	LLC 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 UASs to commence immediately. Also due to the size of the sUASs and the areas inwhich the relevant sUAS will operate, approval of the application presents no national security issus	given the clear direction in Section 333 of the Reform Act, the authority contained in the FederalAviation Act, as amended, granting the requested exemptions is in the public interest for the following	reasons:	(1) the	strong	equivalent	level	of	safety	surroundingthe	proposed	operations,	and	(2)	the significant public benefits, including enhanced safety, reduction in environmental impact, including	reduced	emissions	(as opposed to full scale aircraft). Accordingly, UAV

Pros respectfully requests that the FAA grant therequested	exemption	without delay.



### AIRCRAFT **AND EQUIVALENT**  **LEVEL OF**  **SAFETY**UAV

-Pros, LLC proposes that the exemption requested herein apply to civil aircraft

that have the characteristics and that operate withinthe limitations listed herein. These limitations provide for at least an equivalent or possibly higher	level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe filming operations conducted with conventional	aircraft.	These	limitations	and	condition	to	which UAV

-Pros,	LLC	agrees	to	be bound when conducting	commercial	operations	under	an	FAA	issued	exemption include:
1. The	sUASs	will	weigh	less	than	5 lbs. 2. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and aircrew (Spotter	/ Observer). 3. Maximum	total	flight	time	for	each	operational	flight	will	be	25	minutes.	Flights	willbe terminated	at	25%	battery	power	reserve	should	that	occur	prior	to	the	25	minute limit. 4. Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL,		though most operations	will	be	conducted	within	200	feet	of	the ground 5. Minimum two (2) man crew for each sUAS operation will consist of the Pilot and Spotter / Observer. 6. The sUAS Pilot will serve as Pilot in Command (PIC). 7. The sUAS will only operate under 400ft AGL, and outside a 5 statute mile radius ofany airport. The sUAS will never enter any MOA or Restricted Airspace, nor shall it violate any TFR asoutlined	by	the FAA. 8. A pre-flightbriefingwill be conducted in regard to the planned sUAS operation priorto each	day’s flying / recording activities. It will be mandatorythatall personnel who will be performing duties	as “flight crew” be presentforthis briefing. 9. The Operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and this radius may bereduced	to	30	feet	based	upon	an	equivalent	level	of	safety determination. 10. Pilot, and Spotter (Observer) will have been trained in operation of sUASs generally and	received up-to
-date information on the particular sUAS to be operated as required. 11. Spotter	(Observer)	and	Pilot	will	at	all	times	be	able	to	communicate by	voice	or radio. 12. Written	and/or	oral	permission	from	the	relevant	property	holders	will	be obtained. 13. If the sUAS loses communications or loses its GPS signal, the sUAS will have capabilityto	return	to	a	predetermined	location	and land. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

### 14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) **(1)**Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by UAV

-Pros, LLC, an exemption from 14 CFR Part 21 Subpart H meets the requirements of an equivalent level of safety under 14 CFR Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed

-wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
The sUAS to be operated hereunder weighs less than 5 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusivelywithin a limited radius area as set out in the pre flight briefing / VLOS operations. Unlike other civilaircraft, operations under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in connection with video production, provide a greater degree of safety to the public and propertyowners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, 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. 

### 14 CFR §91.7 (a): Civil Aircraft **Airworthiness**
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted,no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft andthe requirements contained in the Operating Manual for maintenance and use ofsafety checks priorto each flight, as set forth in the Operating Manual, an equivalent level of safety will be provided. However, as	required	by	14	CFR	91.7(b)a	preflight	assessment	will	be	conducted. 

### 14 CFR §91.103: Preflight **Action**
This regulation requires each PIC to take certain actions before flight to insure thesafety offlight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will beneeded. The PICwill	take	all	actions	including	reviewing weather,	flight	battery	requirements,	landing	and takeoffdistances	and	aircraft performance	data	before	initiation	of flight. 

### 14 CFR §91.119: Minimum Safe **Altitudes**
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows	helicopters to be operated at less than the minimums prescribed, provided the person operatingthe	helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this	exemption is for a sUAS, UAV

-Pros, LLC requests authority to operate at altitudes up to 400 ft.	AGL; an exemption maybe needed to allow such operations. As setforth herein, the sUAS will never	operate at higher than 400 ft. AGL. It will however be operated in a controlled area where buildings	and people will notbe exposed to operations withouttheir pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well aslocation where it is operated. No flightwill be taken withoutthe permission ofthe property owner andwithout advance notice to participants. Because of the advance notice to the property owner andparticipants in the photographic activity, all affected individuals will be aware of the planned flight	operations. Compared to flight operations with aircraft or	rotorcraft weighing far more than the maximum 5 lbs. proposed herein and because ofthe lack of	flammable fuel, any risk associated with these operations is far less than those presently presented	with conventional aircraft operating atorbelow 500 ft. AGL. In addition, the low

-altitude operations of	the sUAS will ensure separation between these small UAS operations and the operations of	conventional aircraftthatmust complywith Section 91.119. 

### 14 CFR §91.121: Altimeter **Settings**
This regulation requires each person operating an aircraft to maintain cruising altitude by reference toan altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter settingavailable before departure.” As the sUAS will not have a barometric altimeter, but instead a GPSaltitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved by theoperator,	confirming		the altitude		of		the launch	site	shown	on	the	GPS	altitude	indicator	before	flight. 

### 14 CFR §91.151 (a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an 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 first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for atleast 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 25	minutes ofpowered flight. To	meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be impossible. Given the limitations on the sUAS’sproposed 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.
UAV

-Pros, LLC believes that an exemption from 14 CFR §91.151 (a) falls within the scope of priorexemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting sUAS flights 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 25 minutesor	25%	of	battery	power	whichever	happens	first.	This	restriction would		be		more		than adequate return the sUAS to its planned 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 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The	regulation	provides	inpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An	appropriate	and	current	airworthiness certificate... (b) No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	certificate	required by paragraph	(b)	of	this	section	or	a	special	flight	authorization		issued		under		§91.715 is displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to	passengers	or crew.

The sUAS fully loaded weighs no more than 5 lbs. and is operated without an onboard Pilot. As such,there is no ability or place to carry certification and registration documents or to display them on thesUAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point

where the Pilot flying the sUAS will have immediate access to them, to the extent they are applicableto	the	sUAS,	and	should	they	be	issued.	The	FAA	has	issued numerous		exemptions		to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789,9789A,	9797,	9797A,	9816A,	and 10700.


### 14 **CFR §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 that aircraft inspected as prescribed in subpart E of this part and shall between requiredinspections, 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 applicant. Maintenance will be accomplished by the operator; pursuant to the vehicle Operating manual. An equivalent level of safety will be achieved because these sUASs 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 sUAS can land immediately and will be operating from no higher than 400 ft. AGL. As provided in the Operating Manual, the PIC (operator) will ensure thatthe sUAS is in working order prior to initiating flight, and perform required maintenance. 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.


### Publication **Summary** Pursuant	to	14	CFR	11.81(f),	the	following	summary	is	provided	for	publication	in		the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from thefollowing		rules:		14		CFR		§		21,		subpart	H;	91.7		(a); 91.103 (b); 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a)	(1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially Small Unmanned Aircraft Systems (5lbs	or less)	in	photography	and	videography operations. 

### Privacy
All flights will occur over private or controlled access property with the property owner’s prior consentand knowledge, or over remote public land. Image capture of people will rarely take place, but in theevent they are, they will have consented prior to being filmed or otherwise have agreed to be in the area	where	data	collection	will	take place.

### Airborne Image **Capture**
With regard to airborne filming, UAV

-Pros, LLC adheres to all FAA regulations. Further UAV

-Pros, LLC airborne teams operate under the principles of: Safety First, Quality Assurance,Accountability, Reporting, and Training. When approved by the FAA, it is UAV

Pros, LLC’s mandate to treat all sUAS operations the exact same level of professionalism and seriousness as that of conventional aircraft. Approval of exemptions allowing commercial operations of sUASs in ourindustry will enhance safety by reducing risk. Conventional operations, using turbine or piston powered aircraft, present the risks associated with vehicles that weigh in the neighborhood of2,000lbs.+, carrying large amounts of Jet A or 100LL. Such aircraft must fly to and from location.In contrast, a sUAS weighing fewer than 5 lbs, and powered by batteries, eliminates

virtually all of the risk, given the substantial reduced mass and lack of combustible fuel carried on board. The sUAS is typically transported to the locationvia auto, or cargo van, in a medium sized case and is never flown to the site. The sUAS will carry nopassengers or crew and, therefore, will not expose them to the risks associated with manned aircraft.
The operation of sUASs, weighing less than 5lbs, conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of 14 CFR Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment.As a result, they	are	far	safer	than	conventional	operations	conducted	with piston helicopters, or fixed wing aircraft operating in relatively close proximity to the ground and people.
The primary market of interest for UAV

-Pros, LLC utilizing sUASs is aerial videography and photography. It is anticipated that the airborne image capture process will be accomplished exclusively in daytimeVFR	environments.. 

### Summary	of **Application**
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation ofapplicant’s sUASs for aerialvideography and photography. UAV

-Pros,LLCis eagerly standing by to support the FAA and sUAS community in its quest to establish proper regulations and protocols forthe safe introduction of unmanned aircraft into the national airspace.
Sincerely,
Mark	Adkins UAV

-Pros, LLC. 1096	Chippewa	DR	NW Rochester,	MN	55901 507

-254

-2748 mark@uav

-pros.com