FAA	Exemption Rulemaking

Section 333

Of	The	FAA	Reform	Act	and	Part 11

Prepared by:

Mark	Adkins

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	photography and	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 of small, unmanned and relatively inexpensive sUAS under controlled

conditions in airspace that is 1) limited,	2) predetermined, and 3) controlled as to

access. Approval of this exemption would thereby fulfill theSecretary of

Transportation’s responsibilities to “...establish requirements for the safe operation
ofsuch aircraft systems in the national airspace system.” Section 333 (c) of the Reform

Act.

UAV-Pros, LLC requests to use the DJI Phantom	2,		Phantom	3 and	Inspire 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 of far

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 presented by this petition.

Additionally, we feel that considering	the enhanced safety features provided by these	

sUAS’s	as well as the cost effectiveness of small UAS aerial photography, a grant of

exemption would be 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) of the Reform Act. This 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 of UASs 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	sUAS’s	size,	weight,	speed,	and	operational capability

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

• Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot and 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 of such	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 of the Act; that includes sUASs, 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) of this	section or any sections 44702-44716 of

this title if the Administrator 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 17		knots, 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 environment within

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	surrounding	the	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, UAVPros 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 within	the 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	will be

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 of any	

airport. The sUAS will never enter any MOA or Restricted Airspace, nor shall it violate

any TFR asoutlined	by	the FAA.

8. A pre-flight briefing will be conducted in regard to the planned sUAS operation prior to

each	day’s flying / recording activities. It will be mandatory that all personnel who will

be performing duties	as “flight crew” be present for this 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 of the 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

capability to	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 of airworthiness 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 exclusively within a limited radius area as set out in the pre flight

briefing / VLOS operations. Unlike other civil aircraft, 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 property owners			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 of the aircraft andthe requirements contained in the

Operating Manual for maintenance and use of safety 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 the
safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will be	needed. The PIC	will	take	all	actions	including	reviewing	

weather,	flight	battery	requirements,	landing	and takeoff distances	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 operating the	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 may be

needed to allow such operations. As set forth 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 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

sUAS as well aslocation where it is operated. No flight will be taken without the

permission of the property owner and	without advance notice to participants. Because

of the advance notice to the property owner and	participants 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 of the lack of	flammable fuel, any risk

associated with these operations is far less than those presently presented	with

conventional aircraft operating at or below 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 aircraft that must comply with 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 of safety will 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	of	powered	flight.	To	meet	the	30	minute	 reserve requirement	

in	14	CFR	§91.151,	sUAS	flights	would	be	impossible.	Given	the		limitations		on the sUAS’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.

		UAV-Pros, LLC believes that an exemption from 14 CFR §91.151 (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 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	in	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	(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 of safety will be achieved by keeping these documents at the

ground control pointwhere 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 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 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 that the 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 the	event 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	UAVPros,	 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 our industry	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 of 2,000lbs.+,

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 location via auto, or cargo van,

in a medium sized case and is never flown to the site. The sUAS will carry no passengers

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 daytime VFR	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	of	applicant’s	sUASs	for	aerial	videography and photography.	UAV-Pros,		LLC		is		

eagerly		standing		by	 to support the FAA and sUAS community in its quest to establish

proper regulations and protocols for the	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