U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of FAA Reform Act and Title 14, Code of Federal

Regulations (14 CFR): §§ 61.113(a) and (b); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (“the

Reform Act”), Principia, Inc. (referred to herein as “Applicant”), developer and operator of small

Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography/filming operations for a

range of business including insurance, real estate, agriculture, infrastructure inspection, and motion picture

and television production, hereby applies for an exemption from the listed Federal Aviation Regulations

(“FARs”) to allow commercial operation of its sUAS, 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 sUAS 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 businesses 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,” Section 333(c) of the Reform Act.

The name and address of the Applicant is:

Barbed KC Ranch

. Attn: Kyle Gisler

P.O. Box 530 Pettus Tx

78146

8841 Cr205 Tuleta, Tx

(361) 542

- 0140

kcgisler@gmail.com

The Applicant requests exemption under the following Regulations:

P a g e 1 o f 1 014 CFR § 61.113(a) and (b)

14 CFR § 91.119

14 CFR § 91.121

14 CFR § 91.151(a)

14 CFR § 91.405(a)

14 CFR § 91.407(a)(1)

14 CFR § 91.409(a)(2)

14 CFR § 91.417(a) and (b) 1

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 unmanned aircraft system(s) (UASs) do not create a hazard to users

of the NAS or the public or pose a threat to national security in light of: 1) the sUAS’s size, weight, speed,

and operational capability; 2) operation of the sUAS in close proximity to airports and populated areas; and

3) operation of the sUAS within visual line of sight (VLOS) of the operator.

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) and (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, which includes sUAS, 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 United States Code (U.S.C.) § 44701(f). See also 49 U.S.C. § 44711(a), 49 U.S.C.

§ 44704, and 14 CFR § 91.203 (a)(1).

Principia’s sUAS is a rotorcraft, weighing 55 pounds or less including payload. It operates at an airspeed of

no more than 55 knots and has the capability to hover and move in the vertical and horizontal planes

simultaneously. It will be operated only within VLOS of the operator and will operate only within a

secured area to ensure that the sUAS will “not create a hazard to users of the national airspace system or

the public,” Reform Act, Section 333(b).

Given the small size of the sUAS at issue and the secured environment within which it will operate, the

applicant falls within that zone of safety (an equivalent level of safety) in which Congress envisioned that

the FAA should, by exemption, allow commercial operations of UASs to commence immediately. Also

due to the size of the sUAS and the restricted areas in which it will operate, approval of the application

1 Applicant understands that if it satisfies the requirements under Section 333, then there is no need for relief under

14 CFR part 21 (airworthiness certificate), and under 14 CFR §§ 45.23(b) and 91.7(a). Applicant fur ther understands

that operation of sUAS does not require exemptions under 14 CFR § 91.9(b)(2) (civil aircraft marking and manual

requirements) and based on the FAA memorandum “Interpretation regarding whether certain required documents

may be kept on unmanned aircraft’s control station.” If the Administrator determines that the Applicant may be

subject to those requirements, the Applicant reserves the right to supplement this request.

P a g e 2 o f 1 0presents no national security issue. Given the clea r direction in Section 333 of the Reform Act, the

authority contained in the Federal Aviation Act as amended, the equivalent level of safety surrounding the

proposed aerial photography/filming operations, and the significant public benefit, including enhanced

safety, reduction in environmental impacts such as reduced emissions associated with allowing UASs for

operations currently performed by larger manned aircraft, granting of the requested exemptions is in the

public interest. Accordingly, Applicant respectfully requests that the FAA grant the requested exemption

without delay.

Specific regulations for which relief is sought by the Applicant:

14 CFR § 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command (PIC)

Sections 61.11 3(a) and (b) limit private pilots to non

- commercial operations. Because the sUAS 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 this sUAS. Unlike a conventional aircraft that carries the pilot and

passengers, this sUAS is remotely controlled with no living thing on board. The area of operation is

controlled and restricted, and all flights are planned and coordinated in advance as set forth in the General

Operations Manual (GOM). The level of safety provided by the requirements included in the GOM and

Aircraft Flight Manual (AFM) 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 sUAS are so

diminished from the level of risk associated with commercial operations contemplated by part 61 when

drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the

present level of safety achieved by 14 CFR § 61.113(a) and (b).

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 request is for a sUAS

that is a helicopter and requests the authority to operate at altitudes up to 400 feet above ground level

(AGL), or for filming operations not more than 200 feet 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 GOM, the sUAS will never operate at higher than 400 feet AGL. It will be operated

in a restricted area with security perimete r, where buildings and people will not be exposed to operations

without their consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as the

location where it will be 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 aerial

photography/filming operations area, all affected individuals will be aware of the planned flight operations

as set forth in the GOM. Compared to flight operations with aircraft or rotorcraft weighing far more than

the maximum 55 pounds proposed herein and the lack of flammable fuel, any risk associated with these

operations is far less than those presented with conventional aircraft operating at or below 400 feet AGL.

In addition, the low

- altitude operations of the sUAS will help ensure separation between these aerial

photography/filming operations and the operations of conventional air craft that must comply with Section

91.119.

P a g e 3 o f 1 014 CFR § 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 does not have a barometric altimeter, but instead a GPS altitude readout,

an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to

the GOM and AFM, 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 Visual Flight Rules (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 Applicant’s 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 sUAS’s proposed flight area and the

location of its proposed aerial photography/filming operations within a predetermined area, a longer time

frame for flight in daylight or 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 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 present the type of risks that Section 91.151(a) is intended to alleviate given the size and speed of

the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for the aerial

photography/filming operations for which the exemption is sought.

Applicant submits that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25

percent of battery power, whichever happens first. This restriction would be 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 CFR §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (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 sections 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 AFM

and GOM. As provided in the GOM, the operator will ensure that the sUAS is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance performed.

P a g e 4 o f 1 0Limitations and conditions to which Principia agrees to be bound when conducting commercial sUAS

operations under the requested exemption include those listed below:

AIRCRAFT

1. Operations authorized by this grant of e xemption are limited to the following aircraft described in

the attached AFM: DJI Inspire 1 serial number 0410049545

. Proposed operations of any other

aircraft will require a new petition or a petition to amend this grant.

2. The sUAS will weigh less than 55 pounds (25 kg), including energy source(s) and equipment.

3. All aircraft operated in accordance with this exemption will 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 will be as large as practicable.

4. The sUAS may not be flown at an airspeed exceeding 55 knots.

5. The sUAS will be programmed to return to a predetermined location within the Security

Perimeter to land or b e recovered in the event manual control is lost.

MANUALS

1. The AFM and GOM will be maintained and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations in this exemption and the procedures

outlined in either of those documents, the conditions and limitations herein take precedence and

must be followed. Otherwise, Principia will follow the procedures as outlined in the AFM and

GOM.

2. Principia will track revisions to the AFM and GOM and presen t updated and revised documents

to the Administrator upon request. It will also present updated and revised documents if we

petition for extension or amendment. If it determines that any update or revision would affect the

basis for which the FAA granted t his exemption, then it will petition for amendment to the

exemption. The FAA’s UAS Integration Office (AFS

- 80) will be contacted if questions arise

regarding updates or revisions to the AFM and GOM.

CREW

1. Minimum crew for each operation will consist of pilot, visual observer (VO), and the camera

operator. The VO may be used to satisfy the VLOS requirement as long as the PIC always

maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times.

2. The PIC will possess at least a private pilot certificate and at least a current third

- class medical

certificate. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in

an aircraft in which the PIC is rated on his or her pilot certificate. Prior to conducti ng commercial

aerial photography/filming operations, the PIC will have accumulated and logged, in a manner

consistent with 14 CFR § 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot

and at least 10 hours logged as a UAS pilot with a similar UAS type.

P a g e 5 o f 1 03. Prior to conducting commercial aerial photography/filming flight operations, the PIC will be

required to have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a

minimum of five hours as an UAS pilot operating the make and model of UAS to be utilized for

operations under the exemption and three takeoffs and three landings in the preceding 90 days.

4. During training, proficiency, experience

- building, and takeoff and landing currency flights, all

persons not essential for flight operations will be considered nonparticipants, and the PIC will be

required to operate the sUAS with appropriate distance from nonparticipants in accordance with

14 CFR § 91.119.

5. Prior to any commerci al aerial photography/filming flight operations, the crew will have

successfully completed the qualification process detailed in the GOM. As this is a requirement

stipulated by Principia, the test has been developed and implemented by a qualified person

de signated at the sole discretion of Principia. A record of completion of this qualification process

will be documented and made available to the Administrator upon request.

6. Prior to commercial aerial photography/filming flight operations, a flight demonstration,

administered by an operator

- approved and qualified pilot will be successfully completed and

documented. This documentation will be available for review upon request by the Administrator.

Because the knowledge and airmanship test qualificatio ns have been developed by the operator,

and there are no established practical test standards that support a jurisdictional FAA Flight

Standards District Office (FSDO) evaluation and approval of company designated examiners,

Principia will conduct these te sts in accordance with the GOM.

7. The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC any time

the aircraft is operating. These documents will be made available to the Administrator or any law

enforcement official upon request.

MAINTENANCE

1. If any part of the sUAS has undergone maintenance or alterations that affect operation or flight

characteristics, for example, replacement of a flight critical component, then the entire sUAS will

undergo a functional test flight in accordance with the GOM. The PIC who conducts the

functional test flight will make an entry in the sUAS aircraft records of the flight, as required by

the GOM.

2. The AFM will include updated current maintenance procedures, inspection requirements, and life

limits for aircraft systems including servos, motors, propellers, electronic speed controllers,

batteries, and remote control.

3. All technicians performing maintenance and inspection on the sUAS will meet technician

qualification criteria developed by Principia and included in the GOM.

4. Each sUAS operated under this exemption will comply with all manufacturer safety bulletins.

P a g e 6 o f 1 05. The GOM includes procedures to document and maintain a record of the sUAS maintenance,

preventative maintenance, alterations, status of replacement/overhaul of component parts, and the

total time in service of the sUAS.

OPERATIONS

1. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for safe flight. If

the inspection reveals a conditio n that affects the safe operation of the sUAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the sUAS is

found to be in a condition for safe flight. The remote control will be included in the preflight

inspection. All maintenance and alterations will be properly documented in the aircraft records.

2. Flights will be operated at an altitude of no more than 400 feet AGL, except for limited

conditions outlined in the GOM. All altitudes reported to Air Traffic Control (ATC) will be in

feet AGL.

3. The sUAS will be operated within 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 medical certificate.

4. Before conducting commercial aerial photography/filming flight operations, the radio

- frequency

spectrum used for operation and control of the sUAS will be checked to comply with Federal

Communications Commission (FCC) or other appropriate government

- oversight agency

requirements.

5. Regarding distance from nonparticipating persons, the operator will ensure that no persons in

open areas are allowed within 500 feet of the aircraft exc ept those consenting to be involved and

necessary for the aerial photography/filming operations. If barriers or structures are present that

can sufficiently protect nonparticipating persons from debris in the event of an accident then the

UA may operate closer than 500 feet to persons afforded such protection. The operator must

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 must cease immediately.

6. Regarding the distance from participating persons, the GOM has safety mitigations for authorized

and consenting production personnel. At all times, those persons must be essential to the aerial

photogr aphy/filming operations. Because these procedures are specific to participating persons,

no further FSDO or aviation

- safety inspector approval will be considered necessary for reductions

to the distances specified in the GOM, consistent with the manned air craft procedures described

in FAA Order 8900.1, V3, C8, S1.

7. Each sUAS operation will be completed within 30 minutes flight time or with 25% battery power

remaining, whichever occurs first.

8. The sUAS will remain clear and yield the right of way to all other manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute activities,

parasailing activities, hang gliders, etc.).

P a g e 7 o f 1 09. UAS operations will not be conducted during night, as defined in 14 § CFR 1.1. All operations

will be conducted under visual meteorological conditions (VMC). Flights under special visual

flight rules (SVFR) are not authorized.

10. The sUAS will not be operated from any moving device or vehicle.

11. The sUAS will not be operated fewer than 500 feet below or fewer than 2,000 feet horizontally

from a cloud or when visibility is less than three statute miles from the PIC.

12. The sUAS will not operate in Class B, C, or D airspace without written approval from the FAA.

The sUAS will not operate within five nautical miles of the geographic center of a non

- towered

airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement

with that airport’s management is obtained. The letter of agreement with the airport management

will be made available to the Administrator upon request.

13. The sUAS will only operate only within a confined “Secured Area” as defined in the GOM,

which requires the establishment of a “Security Perimeter” for the flight operat ions area.

14. A briefing will be conducted in regard to the planned operation prior to each day’s flight

activities. It will be mandatory that all personnel who will be performing duties within the

boundaries of the safety perimeter be present for this briefing.

15. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB website: www.ntsb.gov. Further flight operations will not be conducted

until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume

operations is provided.

16. Unless otherwise specified in this grant of exemption, the sUAS, the sUAS PIC, and the sUAS

operations will comply with all applicable parts of 14 CFR including, but not limited to, parts 45,

47, 61, and 91.

17. Applicant agrees that 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 exem ption.

*********

Pursuant to 14 CFR 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 CFR §§ 61.113(a) and (b); 91.119; 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 sUAS

(55 pounds or less) in aerial photography/filming operations.

Approval of exemptions allowing commercial operations of sUASs will enhance safety by reducing risk.

Conventional manned flight operations, using jet or piston power aircraft, sometimes operate at low in

close proximity to people and structures; and present the risks associated with vehicles that weigh

approximately 6,000 pounds, carrying large amounts of fuel or other flammable liquid. Such aircraft must

fly to and from the job location. In contrast, a sUAS weighing less than 55 pounds and powered by

P a g e 8 o f 1 0batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on

board. The sUAS is carried to the job location, not flown. The sUAS will carry no passengers or crew and,

therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of sUASs, weighing less than 55 pounds, conducted in accordance with the conditions

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested

herein. These lightweight aircraft operate at slow speeds, close to the ground, and in a secured environment

and, as a result, are safer than conventional operations conducted with helicopters operating in close

proximity to the ground and people.

Privacy

All flights will occur over private or controlled

- access property with the property owner’s prior consent

and knowledge. Photography/filming will be of people who have also consented to being photographed or

otherwise have agreed to be in the area where the aerial photography/filming operations will take place. All

operations will be compliant with applicable local and state laws.

The Applicant’s request satisfies the criteria set forth in Section 333 of the Reform Act. The size, weight,

speed, operating capabilities of the sUAS, the limitations on operations proximate to airports and populated

areas, and the operation within VLOS do not create a hazard to users of the national airspace system and

do not pose any national security threats or concerns. The foregoing easily meets the cr iteria for granting

the requested exemptions allowing commercial operations of Applicant’s sUAS pursuant to the GOM and

AFM appended hereto.

Respectfully submitted,

Kyle Gisler

361

- 542

- 0140

kcgisler@gmail.com

P a g e 9 o f 1 0Glossary of Acronyms

AFM: Aircraft Flight Manual, also known as a Pilot’s Information Manual; a document for a specific

make and model laid out in the same format familiar to pilots in an FAA

- approved PIH, Pilot Information

Handbook. The 10 sections are: 1) General, 2) Limitat ions, 3) Emergency Procedures, 4) Normal

Procedures, 5) Performance, 6) Weight and Balance, 7) Airplane and Systems Description, 8) Handling,

Servicing, and Maintenance, 9) Supplements, and 10) Safety and Operational Tips.

AGL: above ground level; this is one of two ways in which pilots and air traffic control refer to altitude,

and it is the most useful way for operations close to the ground.

ATC: Air Traffic Control

CFR: Code of Federal Regulations

FARs: Federal Aviation Regulations

FSDO: Flight Standa rds District Office

GOM: General Operations Manual; a document that details company

- wide operating procedures not

specific to one of the aircraft that company operates. It includes details on company organization, job

responsibilities, and procedures for t raining, operating, maintenance, safety, and security.

NAS: national airspace system

NTSB: National Transportation Safety Board

PIC: Pilot in Command

sUAS: small unmanned aerial system, defined as 55 pounds (24 kg) or less

SVFR: special visual flight rules

UAS: unmanned aerial system, includes the ground control equipment as well as the aircraft itself

USC: United States Code

VFR: visual flight rules

VLOS: visual line of sight

VMC: visual meteorological conditions

VO: visual observer

P a g e 10 o f 1 0