UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION DOCKET MANAGEMENT SYSTEM 1200 NEWJERSEY AVE., SE WASHINGTON, DC 20590

**IN THE M AT** **TER OF THE PETITION FOR EXEMPTION OF:**



## Sierra Trading Post ATTN: Chris Martin 5025 Campstool Road Cheyenne Wyoming, 82007

**FOR A N EXEMPTION SEEKING RELIEF FROM**  **THE REQUIREMENTS OF THE FAA**  **REFORM A CT AND**  **PA RT 11 OF THE FEDER**  **AL A**  **VIA TION REGULA** 

**TI ONS FROM**  **TI TLE 14 OF THE CODE OF FEDERA** **L REGUL AT** **IONS SECTIONS C.F.R. §§ 61.113 (a) & (b);**  **91.103 ; 91.119 (c); 91.121; 91.151(a);**  **91.405 (a); 91.407(a) (1); 91.409 (a) (1**  **) (** **2); 91.417 (a) & (b).**
**CONCERNING COMMERCIA L OPERA**  **TION OF UNM AN**  **NED AIR** **CRA FT SYSTEMS**  **PURSU ANT** **TO SECTION 333 OF**  **THE FAA M**  **ODERNIZ AT** **ION AN**  **D REFORM A CT OF 2012 (PUBLIC L** **AW 112** **- 95)** 

Submitted on **10/29/15**
Sierra Trading Post 5020 Campstool Road Cheyenne Wyoming 80525 www.sierratradingpost.com pr@sierratradingpost.com

## GL**OSSARY OF ABBREVIA**  **TIONS**

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

## INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Sierra Trading Post, (“{Company}”) Operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to offer commercial UAS operations for a host of industries and applications and to perform the purposes listed below, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAV’s/UAS, so long as such operations are conducted withi n and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f)

As described more fully below, the requested exemption would permit the operation of a UAS under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancements in the fields in which it will operate, which now depend upon conventional aircraft or humans climbing high on dangerous structures, and walki ng over dangerous terrain

. 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.” Section 333(c) of the Reform Act. 1



## Ex**ecutive Summary**

**Expeditious	Summary	Grant	Approval	Request**

The petitioner requests the agency issue a summary grant process for this application. Petitioner has provided specific exemption n umbers whereby the FAA has already granted a previous exemption similar or identical to each and every request, herein.

1 Sierra Trading Post relies upon the following exemptions where specific reference to an exemption is not provided: Exemptions 11062 thru 11067, 11080, 11109 through 11112, 11114, 11213, 11062 and as recent as 11857.**/UAS	Requested:**

The petitioner is seeking an exemption to commercially operate sUAV’s makes and mode ls as follows:

DJI Phantom 2 DJI Phantom 3 Yuneec Q500 Typhon

UASs operated by Sierra Trading Post weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously
move vertically a nd horizontally. Sierra Trading Post will only operate its UASs in line of sight and will operate only within the sterile area. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.”

Given the small size of Sierra Trading Post’s UASs and the sterile environment within which they will operate, Sierra Trading Post’s UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the size of the UASs and the sterile areas in which they will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental i mpacts (reduced emissions and noise), the grant of the requested exemption is in the public interest.

Equipment operation manuals for each sUAV are included for your reference and are considered confidential information for each respective company’s UAS and are affixed separately in these documents as Appendix A

. 2

**Commercial	(Mission,	Operation)	Purpose:**

This exemption request once granted would allow Sierra Trading Post to operate a small unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) to conduct photography and videography of residential and commercial real estate, filmmaking, cinematography, and videography, wildlife and forestry monitoring, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, and security of controlled environment of various sites, aerial video and photography for public and private use including television, public events, and

2 

### Petitioner	submits	the	Appendix	and Manuals	marked	“CONFIDENTIAL,”	as	they	contain proprietary	confidential	business	information	that	is	not	released	to	the	public	and	is protected	under	the	Freedom	of	Information	Act	5	USC	§552	et.	seq.	5	Reform	Act	Section 333	(b).cinematography live feed and live newsgathering, special events, motion picture production, closed set

filming, disaster and catastrophe events.

**Regulations	from	which	the	Exemption	Relief	is	requested:**

14 C.F.R. § 61.113 (a) & (b) 14 C.F. R.§ 91.119 14 C.F.R. § 91.121 14 C.F.R. § 91.151 (a) 14 C.F.R. § 91.405 (a) 14 C.F.R. § 407 (a) (1) 14 C.F.R. § 409 (a)(1) & (2) 14 C.F.R. § 417 (a) & (b)

The name and address of the Petitioner is: **Sierra Trading Post** Attn: Chris Martin, 5025 Campstool Road, Fort Collins, Colorado, 80525, cmartin@sierratradingpost.com, (307) 775

-8326



## The Ex**emp tion Request**  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 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 UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports a nd populated areas; and

 Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requ irements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) 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. 

### Operator	Requirements
**14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: P ilot in Command.** Sections 61.113 (a) and (b) limit private pilots to non

-commercial operations. Because the UAS will not

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground

-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b)



### Aircraft **and Equivalent**  **Level	of	Safety**

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with 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 by allowing us to capture digital media assets without having to climb tall structures and it would limit exposure that currently exists when filming on dangerous terrain. These limitations and conditions to which Sierra Trading Post agrees to be bound when conducting commercial operations under an FAA issued exemption include these SOP : 1) Operations will be li mited to the followi ng aircraft: sUAS weighing less than 55 lbs. : DJI Phantom 2 Vision+, Yuneec Q500 Typhon, and DJI Phantom 3

. 2) UAS operations under this exemption are limited to conducting aerial photography videography, and monitoring 3) The UA will not be flown at ground speed exceeding 50 knots

. 4) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL). 5) The UA will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will be able to meet this requirement without the aid of any device other than corrective lenses. 6) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the full duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents. 7) The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and will not be permitted to operate the camera or other instruments. 8) The operating documents and the exemption, if granted, will be accessible during UAS operations and made available to the Administrator upon request. 9) Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating unti l the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records.10) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry of the flight in the UAS aircraft records. 11) The preflight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating docu ments. 12) The operator will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 13) The operator will carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 14) The UAS operated under this exemption will comply with all manufacturer Safety Bulletins. 15) The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 16) The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria, completes the operator’s UAS training, and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, if granted, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. 18) UAS operations will not be conducted during night time, as defined in 14 CFR §1.1. All operations will be conducted under visual meteorological conditions (VMC). 19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request. 20) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud, o r when visibility is less than 3 statute miles from the PIC. 21) If the UAS loses communications or loses its GPS signal, the UA will return to a pre-determined location within the planned operating area and land, or be recovered in accordance with the operating documents

. 22) The PIC will abort the flight in the event of unpredicted obstacles or emergencies, in accordance with the operating documents. 23) The PIC will not begin a flight unless there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 24) Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 25) The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request. 26) The UA will remain clear and yield the right of way to all manned operations and activities at all times. 27) The UAS will not be operated by the PIC from any moving device or vehicle. 28) The UA will not be operated over congested or densely populated areas. 29) Flight operations will be conducted at least 500 feet from all nonparticipating persons, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating personsfrom the UA and/or debris in the event of an accident. The operator will ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately and/or; b. The aircraft is operated near vehicles or structures where the owner/controller of such vehicles or structures has granted permission 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, and; c. Operations nearer to the PIC, VO, operator trainees, or essential persons do not present an undue hazard to those persons per § 91.119(a).

**14 C.F.R. §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 regu latory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manuals for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

**14 C .F.R. §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 that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area, where buildings and people will not be exposed to operations without their pre

-obtained consent.

**14 C.F.R. §91.121 Altimeter Settings.** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS 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 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 at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’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 §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 small UAS, 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 small UAS. Additionally, limiting sUAS flights to 10 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 first. This restriction would be more than adequate to 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 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections** These regulations require that an aircraft operator or owner “shall have 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 flight manual and operating handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small UASs 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 UAS 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 UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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.


### Federal	Register **Publication**

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: Sierra Trading Post seeks an exemption from the following rules: 14 C.F.R. §§ 61.113(a) and (b); 9 1.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) for commercial cinematography and photography. As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in relation to cinematography will enhance safety by reducing risk. Conventional aerial cinematography operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the film location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to location . In this regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights. The operation of UASs conducted in the strict conditions outlined will provide an equivalent level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, closeto the ground, and in a sterile environment. As a result, they a re far safer than conventional operations

conducted with turbine helicopters carrying fuel and flying near the ground and people. **Privacy** All flights will occur over private or controlled access areas with the property owner’s prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place. Satisfaction 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 to grant Sierra Trading Post’s requested exemption, allowing for Sierra Trading Post’s UAS commercial ope rations pursuant to the FOPM included herewith.



## Appendix A
**UAS	User	Manuals** (See additional attachments)