July 20, 2015

Exemption No. 12086 Regulatory Docket No. FAA

– 20 15

– 0433

M s

. Kelly Neubecker

Consultant UASolutions Group, Inc.

2518 Auburn Drive
Cocoa, FL 32926

Dear M s

. Neubecker :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated February 17, 2015 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Leptron Industrial Robotic Helicopters, Inc. ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct precision aerial mapping, surveying, and topography recording

.

S ee Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Re gister because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the Leptron Avenger and RDASS

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated n oise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Leptron Industrial Robotic Helicopte rs, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a)

, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow t he petitioner to operate a UAS to perform

aerial data collection

. This exemption is subject to the conditions and limitations listed

below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Leptron Industrial Robotic Helicopters, Inc. is hereafter referred to

as the operator.

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 exemption.

1. Operations authorized by this grant of exempt ion are limited to the Leptron Avenger

and RDASS when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set mo tion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (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 ai rman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as l ong as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfe r his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions an d limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists betwee n the conditions and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its op erating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The

op erator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then

the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterat ions that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducte d by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepan cies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply wi th all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rate d on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emerge ncy maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operato r’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. Ho wever, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate th e UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the cen ter of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute mi les from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencie s.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended C OA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must 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 must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear a nd give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.

The PIC, VO, operator t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative.

P ermission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs invol ved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request ;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operati on.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption , the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresLeptron Confidential



### Leptron Industrial Robotic Helicopters, Inc

. Petition for Exemption Under Section 333 of the F ederal Aviation Administration (F AA ) Reform Act and Part 11 of Title 14 CFR for Small

Unmanned Aircraft System s (s UAS )

DOT D ocket :

____________

Name and Address of Petitioner

Leptron Industrial Robotic Helicopters, Inc

. Attn: John Oakley Geotech Environmental Equipment,

Inc.

2650 E. 40 th Ave. Denver, CO 80205 john@leptron.com ( 303 ) 320

- 4764 Co nsultant for Petitioner

UAS olutions Group, Inc. Attn: Kelly Neubecker

2518 Auburn Drive
Cocoa, FL 32926 kellyneubecker@uasolutionsgroup.com

321

- 261

- 25472

Leptron Confidential

U. S. Department of Transportation

Docket Operations

1200 New Jersey Ave., SE

Washington, DC 20590

Re : Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s SUAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 Through the Exemption Process Under 14 C.F.R. Part 11

A. Summary

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization

and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11

, Leptron Industrial Robotic

Helicopters, Inc. ( “Leptron”) ( hereafter known as the “Petitioner”)

, seeks exemption from the

following listed Code of Federal Regulations (“CFR”) to allow commercial operation of its

Leptron Avenger s SUAS within the N ational A irspace System (NAS) for controlled, low

- risk

, precision aerial mapping, surveying, and topography recording conducted within and under the

conditions outlined herein or as may be established by the F AA, as required by Section 333

requirements

. As described more fully below, the requested exemption would permit the operation of

the Avenger s UAS by Petitioner under contro lled conditions in predetermined airspace that is

1) Limited in scope 2 ) Controlled as to access by mission essential personnel only and

3 ) Provides improved safety controls and efficiency to the aerial mapping and surveying industry

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 nati onal airspace

system” as stated within Section 333(c) of the FMRA. In making this determination, the

Secretary is required to determine which types of s UAS do no t create a hazard to users of t h e

NAS or the public or pose a threat to national security in li ght of the aircraft’s size, weight, speed

and operational capability; Operation of the s UAS in close proximity to airports and population

centers; Operation of a s UAS within visual line of sight of the operator.

Grant of t h e requested exemption is in the public interest based upon the concise

direction expressed within section 333 of the reform act; the added authority granted by the Act,3

Leptron Confidential

as amended; an equivalent level of safety regarding flight operations as expressed herein, and

significant co st savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without

delay. Petitioner will operate its Avenger s UAS while keeping the documents requ ired by the

regulations at the ground control station and immediately accessible to the P ilot I n C ommand

(PIC) and by modification of the required markings (registration n umber) of the s UAS to be

displayed on the fuselage of the unmanned aircraft.

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a),

b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a),

d. 1 4 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119(c),

f. 14 C.F.R. 91.121,

g. 14 C.F.R

. 91.151(b),

h. 14 C.F.R

. 91.405(a),

i. 14 C.F.R

. 9 1.407(a)(1), j. 14 C.F.R. 91.409(a)(1) and (b), and

k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background

Leptron is a 12 year

- old UAS d evelop er and manufacturer with a long and well

recognized history in sUAS aerial imagery and precision photography

. Petitioner’s products

currently e xcel in the safe collection of aerial imagery from both manned and unmanned

platforms for the purpose of developing highly accurate aerial maps for various Government

c lients utilizing mul tiple applications. As set forth herein, Petitioner seeks to operate its rotary

wing Avenger commercially for th is special purpose of low

- risk, precision aerial mapping,

surveying, and topography recording , c ontinuing an established legacy that has always sought the

highest standards of operations and safety.

D. Airworthiness of the Avenger

A critical element of consideration for grant of the petition is evidence of an equivalent

level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft

from the requirement for an actual airworthiness certificate in accordance with the statutory

criteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consideration of

the size, weight, speed, and limited operating area associated with the aircraft and its operation.4

Leptron Confidential

However, Petitioner believes it has achieved compliance with various requirements including

many specifics included within FAA Order 8130.34 series that ensures the safety of operation s.

The criteria set forth in that order demands that substantive documentation concerning the

aircraft’s safety has been compiled.

E) Leptron Avenger Summary

1. LEPTRON A VENGER

Petitioner seeks an exemption to operate the Leptron Avenger for limited approved

com mercial pu r

poses within the NAS 1

. The Avenger is a s UAS that is comprised of an airborne

unmanned aircraft and a transportable ground station. The Avenger has a maximum gross

takeoff weight of approximately 35 pounds or less

, depending upon payload, w ith a wingspan of

72.5 inches , a length of 83.93 inches , and a height of 21 inches with standard gear

. The

Av enger is equipped with a single rotor driven by a l ithium p olymer battery powered 10 ,000

Watt electric main motor and a 2,200 watt tail motor.

Figure 1 depicts the Leptron Avenger with registration number displayed in

accordance with 14 C.F.R. Part 45.

1 Leptron has already reserved one registration number [N822LP], as displayed in Figure 1, and will submit additional Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition.5

Leptron Confidential

2. Proven Operational History of the Leptron Avenger in the NAS

.

The Leptron Avenger is acquiring substantial system maturity. It is currently operating

safely within the NAS pursuant to approximately fourteen (14) COAs granted by the F AA to

Arlington Texas Police Department, Central Michigan State University, Texas A& M University

and New Mexico State University.

Petitioner proposes that requirements should take into account the characteristics of the

particular s UAS

. The Avenger is characterized by a high degree of pre

- programmed control,

various built

- in technical c apabilities that limit the potential for operation outside of the

operating conditions as set forth below, and many built

- in functional, safety and redundancy

features to ensure a safe and reliable operation.

In support of these characteristics, and to provide the details for review by the FAA,

Petitioner submits the following documents and manuals as attachments to this exemption

request as a set of Confidential Documents under 14 CFR 11.35(b) as each document and manual

contains proprietary information that the applicant has not and will not share with others. The

documents and manuals contain specifications, operating conditions and procedures,

maintenance procedures and a safety management program that are not available to the public

and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

• Leptron Avenger B Flight Operation’s Manual (FOM) and Center of Gravity

Overview

• Leptron Standard Oper a ting Procedures (SOP)

• Leptron Aircrew Training Procedures and Avenger B Training Manual

• Leptron Inspection and Maintenance Manual

• Leptron Safety Manual

F. Regulatory Basis for Petition

Petitioner

, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and

Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft

Systems ( “ Section 333 ” ) , hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

,

91.151 (b)

, 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

.

2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?6

Leptron Confidential

1. Section 333

Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational

authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational

authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain

unmanned aircraft systems may operate safely in the national airspace system before completion

of the plan and rulemaking required by S ection 332 of this Act or the guidance required by

section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational

capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”

Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish

requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does

not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section

333(b) (2)

.

2. 49 U.S.C. § 44701

T he FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds

the exemption is in the public interest. ” Section 44701(f) (authorizing the grant of

exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and

S ections 44702

- 44716). 4

For the reasons addressed herein

, this Petition q ualifies for expedited approval of

Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.

G. Leptron Avenger Statutory Criteria for Exemption under Section 333

G iven its small size, light weight, slow speed, limited load capacity, superior

operational capabilities

, and that the operations will be conducted only during the day, under

visual meteorological conditions ( “ VMC ” ), within Visual Line of Sight (“ VLOS ”) of the PIC, with

the assistance of a visual safety observer ( “ VO ” )

, and confined within the boundaries of a

consenting landowner’s property and not in the proximity of airports or populated areas
, the

3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).

4 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).7

Leptron Confidential

A venger is the very category of sUAS that qualifies for expedited approval under Section 333

.

1. Section 333(b)(1) Criteria

a. Size

T he Leptron Avenger measures approximately 19.75 inches in height and 58 inches

wide, with a wingspan of 72.5 inches.

b

. Weight

The Leptron Avenger has a maximum gross weight of 35 lbs.

c

. Speed

The Leptron Avenger has a maximum autopilot limited speed of approximately 12

Meters per second ( M/S ) (24 KTS) . However, Petitioner typically operates the aircraft at below

10 M/S (20 KTS)

.

d

. Operational Capability

T he Leptron Avenger was specially designed for high or low altitude surveillance,

photography, and sensor management. Supported by electric batteries that are rechargeable , the

Avenger can fly from 20

– 60 minutes (*depending upon atmospheric conditions) and carry a

variety of cameras or sensors

. Other Operational metrics of the Avenger are as follows:

Unmanned A ircra f

t Sys tem The Leptron Avenger is a sUAS that is comprised of an unmanned

aircraft (UA) and a transportable ground station.

Serial No. LEP 822

Unmanned A ircra f

t

D ime ns i ons Rotor Diameter:

72.25 in.

Length: 83.93 in.8

Leptron Confidential

Engine (Propulsive U nit ) Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt

tail motor

.

FAA Motor Type Certificate: None

Electric

- powered propulsion systems.

a. Type of Motor

- 395 KV Electric Main, 900 KV Electric tail

b. Current draw range

– Total System current draw cruise = 30 Amps and Max total system current draw = 360 Amps

c. All electrical demands are derived from the unmanned aircraft’s battery system.

Make: LEPTRON

- AVGR

Model: 1000

F uel Not Applicable.

NOTE: The Leptron Ave nger sUAS is powered by a l ithium

p olymer rechargeable battery

.

Engine (Propulsive Unit)

Limits Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt

tail motor

.

FAA Motor Type Certificate: None

Electric

- powered propulsion systems.

a. Type of Motor

- 395 KV Electric Main, 900

KV Electric tail

b. Current draw range

– Total System current draw cruise = 30 Amps and Max total system current draw = 360 Amps

c. All electrical demands are derived from the unmanned aircraft’s battery system.

Make: LEPTRON

- AVGR

Model: 1000

Propeller a nd Propeller

Limit s FAA Propeller Type Certificate: None

Propeller Type: 2

- blade, hinged (folding), carbon fiber reinforced plastic, fixed pitch, tractor

Diameter (Nominal): 17.25 in.

Battery Command &

Control Thunder Power Air Vehicle Battery P/N Leptron 6S powers the

motor, and battery command and control.9

Leptron Confidential

Airspeed Limits Vne (Never Exceed Speed) 12 m/s

Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s)

Va (Maneuvering Speed) 12 m/s knots (25 m/s) Landing Speed: VTOL

– Vertical 1.5 M/s

Empty Weight C.G. Range 3

- 3.5 inches for or aft of datum

D atum Center of main rotor shaft

Mean A erodynamic Chord (MAC) NA

Leveling Means Not Applicable.

Maximum Weights 14.52 KG ( 3 5 lbs) Empty Weight 4.99 KG ( 11 lbs )

NOTE: Empty Weight Excludes weight of battery and payload modules. Frequencies 902

- 928 MHz (ISM Band)

2.4 GHz (ISM Band)

NOTE: FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If

video is utilized, uplink, downlink, and video are all on 2.4 Ghz. Computer Software Avionics embedded processor

– UTC Aerospace Cloud Cap Technologies

Minimum Crew (1) The Leptron [model] sUAS can be operated by a single operator

Number of Seats (0) Not Applicable

Fuel Capacity Not Applicable

Oil Capacity Not Applicable

Max. Operating Altitude 1,000 ft. AGL (304 M)

Control Surf

ace
M ovement s MAIN ROTOR

– VARIABLE PITCH +/

- 5

TAIL ROTOR

– VARIABLE PITCH +12/

- 12 °

Nominal Endurance 30 minutes above 32 °F (0 °C)

15 minutes below 32 °F (0 °C)

Ambient Outside Air Temperature (OAT) Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: 0 °F

Wind Limitation 40 MPH

Maintenance This Leptron Avenger must be maintained in accordance with the

Leptron Inspection and Maintenance Manual, or later FAA accepted revision.

e

. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to10

Leptron Confidential

low risk rural areas within C lass G airspace at an altitude of no more than 400 feet above ground

level ( “ AGL ” ) as indicated in the SOP. All altitudes reported to ATC will be in AGL when

required. Any operations conducted within 5 nautical miles (NM) of the geographic center of a

non

- towered airport will obtain a Letter of Agreement with the appropriate airport management

and made available to FAA upon request. In addition, a ccess to any property will be limited to

the persons associated with and necessary for flight operations.

f

. Visual Line

- of

- Sig ht

The minimum crew for each operation will consist of a PIC and VO . The VO will be

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always

maintain VLOS with the s SUAS

. T he Leptron Avenger will at all times be flown by Petitioner

only in the daytime (not at night) under VMC within VLOS of the PIC (typically wit hin a range

less than 500 feet slant distance ) with the further assistance of the VO with whom the PIC will

have the ability for direct and continuous two

- way verbal communication s 5 so as to ensure that

the flight operations remain w i t h i n the PIC’s VLOS and prescribed flight boundaries and de

conflict with objects in the air and on the ground. Thus , pursuant to the FAA Order 8900.1

Volume 16, Chapter 1, Section 3, the proposed operations will provide an approved method of

control and collision avoidance to satisfy the “ see and avoid ” requirement of

14 C

. F

. R

. § 91.113 :

Only qualified and current PIC’s and VOs , as provided in the SOP will be used

.

2. Other Factors

a. Leptron Avenger S afety Systems

Including a s noted above, t he Avenger s SUAS is replete with M echani Safety Operations

Procedures to ensure safe operations and protect persons and property on the ground. In addition

to having an experienced operator/ PIC and VO

, the Avenger s SUAS has a variety of i ntegrated

safety systems, including :

 Redundant Communications: The Avenger has two (2) simultaneous

communications links that allow for backup and safe operations. This

includes a 2.4 GHz wireless hand held radio and a 900 MGhz laptop ground

5 [ PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment ]11

Leptron Confidential

station link. Both links must be terminated to execute a ‘Lost

Communication’ return home logic

.

 Flight Plan Altitude Constraints : The Avenger has the ability for the

operators to set Maximum and Minimum flight altitudes for a specific flight

‘corridor’ for safe operations.

 Flight Safety Logic: The Avenger has the ability for the operators to set

sa fety return logic including: Exceeding a pre

- set flight timer, Loss of GPS,

Loss of Communications, Max and Min Altitude, and Low Voltag e

. The

Avenger is also equipped with Geo

- fencing logic, capable of restricting it

within pre

- programmable flight boundar ies. This may be accomplished by

setting permanent borders on the ground station or setting additional

temporary files after the flight has begun. Additional features include

fencing off buildings, trees, power lines, poles, etc.

 Ground Station Warnings: T he Avenger Ground S tation has many visual

operator cues for error conditions such as low R elative Signal Strength

Indicator (R SSI ) strength, low battery, low RPM, low system parameters,

and many other real time conditions. The system also offers color

- cod ed

‘Dashboard’ lights for the operator.

 Double Entry

– The Avenger Ground Station has double entry response

window for all in

- flight parameter changes. This allows the user to not send

incorrect information without two verification mouse clicks.

b

. Safety Management System

A Safety Management System (“ SAFETY OPERATIONS PROCEDURES ”) will

regulate Petitioner ’s operation of the A venger and will significantly contribute to maintaining

the level of safety contemplated by the airworthiness certificate requirements from which

Petitioner now seeks relief.

Pursuant to the SAFETY OPERATIONS PROCEDURES and 14 C.F.R. § 43.13,

entitled Performance Rules (general)

, each person performing maintenance, alteration, or

preventive maintenance on the Avenger, motor, propeller, or appliance shall use the methods,

techniques, and practices prescribed in the current manufacturer's Inspection and M aintenance12

Leptron Confidential

M anual or Instructions for Continued Airworthiness prepared by its manufacturer, or other

methods, techniques, and practices acceptable to the Administrator. Each person shall use the

tools, equipment, and test apparatus necessary to assure completion of the work in accordance

with accepted industry practices.

c. Flight Operation L imitations and Safety

To ensure consistent safety operations, Petitioner has developed a detailed F light

O peration s Manual ( FOM ) for the Leptron Avenger s SUAS based on extensive use and

experience

, procedures and notices provided by Leptron , and guidance the FAA has provided

to obtain exemption under Section 333

, ( submitted on a proprietary and confidential basis to

the FAA ).

In seeking this exemption, Petitioner proposes to operate the Avenger pursuant to the

following specific operating limitations, as also addressed in the SOP:

1. Flight operations are permitted only in Class G Airspace.

2. The Avenger shall only be operated at or below 400 ft AGL

.

3. The Avenger shall be operated within VLOS of the PIC and safety VO.

4. The Avenger shall be operated pursuant to Day Visual Flight Rules (VFR) in visual

meteorological conditions (VMC). The Avenger shall be operated only during

daylight hours ( i.e. between the end of morning civil twilight and the beginning of

evening civil twilight, as published in the American Air Almanac, converted to

local time).

5. The Avenger shall operate from on

- site takeoff/landing locations directly next to

the PIC and co

- located VO. The PIC and the VO shall be able to verbally

communicate during all operations.

6. Operations shall be conducted by certificated airmen who possess a minimum

of a Private Pilot’s Certificate and a valid t hird c lass m edical c ertificate , as

well as completed training, checking, currency, and recency of experience

.

7. The PIC requirements will include the following:

a. FAA licensed airman possess a minimum of a Private Pilot’s C ertificate and

a valid third class medical certificate.

b. T he PIC shall have accumulated and logged (in a manner consistent with 14 C.F.R. § 61.51(b)) a minimum of 50 flight cycles and 12 hours of total time as

a sUAS rotorcraft pilot and at least ten hours as a sUAS pilot with a similar

sUAS type (dual

- rotor), such log of which shall be made available to the Administrator upon requ est.13

Leptron Confidential

c. T he PIC shall have accumulated and logged (in a manner consistent with 14 C.F.R. § 61.51(b)) a minimum of five flight hours as a sUAS pilot operating

the make and model of sUAS to be used for operations under the exemption (e.g. Leptron Avenger) and three take

- offs and three landings in the preceding 90 days, such log of which shall be made available to the Administrator upon request.

d

. Have successfully completed the qualification process as specified in the

SOP to include a kn owledge and skill test in accordance with the Aircrew Training Manual

.

e. Meet flight review requirements as specified in 14 CFR §61.56 in an aircraft in which the PIC is rated on their pilot certificate.

8. The PIC and VO will have been trained in the operation of s UAS generally a nd

received up

- to

- date information on Avenger operations.

9. The VO will hold at least a third class medical and will have training to

communicate to the PIC any instructions necessary for safe operations.

10. If a pilot certificate holder other than the PIC, who possesses the necessary PI C

qualifications, is also present during flight operations, that person can also be

designated as PIC and will follow the procedures as defined within the FOM to

assume control.

11. A briefing will be conducted in regard to the planned o perations prior to each

flight as detailed within the SOP. It will be mandatory that all personnel who are

performing duties within the boundaries of the flight operations safet y perimeter

be present for the briefing.

12. The Avenger will only operate within a confined geographic area as defined in

the subsequent COA.

13. At least three (3) days before scheduled operations, operator shall submit a written

Plan of Activities to the local Flight Standards District Office (FSDO) with

jurisdiction over the area of proposed operations, such submission of which may

be waived with the concurrence of the FSDO. If required by the FSDO to be

submitted, the Plan of Activities shall include: dates and times for all flights;

operator’s and on

- scene flight operator’s name and phone number; s UAS make,

model and serial or N

- number; PIC’s name and certificate numb er; statement that

the operator has obtained permission from property owners and/or local officials to

conduct the operations (such list of those who gave permission to be made

available upon request); description of the planned flight activity, including, as14

Leptron Confidential

applicable, maps or diagrams of the area, city, town, county and/or state over

which the operation will be conducted, and the altitudes essential to accomplish

the operation; signature of the exemption holder or representative.

14. Petitioner will obtain an Air Traffic Organization (ATO) issued C OA prior to

conducting any actual flight operations.

15. Petitioner will file a NOTAM for each flight no more than 72 hours but no less

than 48 hours prior to each flight with the appropriate FSDO.

16. Any operations that will be conducted within 5 nautical miles (NM) of the

geographic center of a non

- towered airport will obtain a Letter of Agreement

with the appropriate airport management and made available to FAA upon

request.

17. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed

flight a communication with the nearest local Air Traffic Control facility

indicating location, altitude and duration of the proposed flight.

18. All required permissions and permits will be obtained from territorial, state,

county or city jurisdictions, including local law enforcement, fire, or other

appropriate governmental agencies at least 12 hours in advance of any flight

operation

.

19. The Avenger shall be marked with an identification (N

- Number) in accordance

with 14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14

C.F.R. § 45.29(f), and identified by a serial number registered in accordance with

14 C.F.R. Part 47.

20. All flights will remain clear and yield the right of way to all other manned

o perations and activities at all times, including, but not limited to: ultralight

vehicles, parachute activities, parasailing activities, hang gliders, etc.

21. Flights will not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cl oud or when visibility is less than 3 statute miles from the

PIC.

22. For the proposed flight operation, only one Avenger shall be airborne at any

given time.

23. The Avenger shall only be operated at or below an airspeed of 12 Meters Per

Second (24kts).15

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24. Prior to performing any flight operations, the PIC and VO shall have

successfully completed a qualifying process, as provided in the F OM and SOP

.

25. Any time the UA is operating, all documents required under 14 C.F.R. § 91.9

and § 91.203 shall be available to the PIC at the GCS. Such documents shall be

made available to the Administrator or any law enforcement official upon

request.

26. The UA shall not be operated directly over any person, except authorized and

consenting personnel required for f light/ imaging operations,

27. Prior to performing any flight operations, a pre

- flight checklist will be used by a

qualified PIC a s provided in the SOP. Documentation of such pre

- flight check

shall be made in the aircraft records and such records shall be made available to

the Administrator upon request.

28. The radio frequency spectrum used for operation and control of the UA shall

comply with the requirements of the SOP

. T he Avenger s hall at all time s be

operated to ensure a safe distance away from all participating and non

participating personnel , at least 500 feet away from persons not involved in the

flight operations (non

- participating persons). This distance may be reduced to no

less than 200 feet if it would not adversely affect safety and such person provides

his/ her prior consent.

29. Other than for takeoff and landing, the UA shall be operated at least 100 feet

away from persons involved in the flight operations (participating persons) , such

participating persons shall at all times be essential to the flight operati ons and

have provided prior written consent to their participation in such operations.

30. The flight will be terminated at 20% battery power reserve or 12 minutes,

whichever occurs first.

31. Prior to each flight

, the PIC shall inspect the Avenger, including any inoperable

components, items or equipment, to ensure it i s in a n airworthy condition for

safe flight. If the inspection reveals a condition that affects flight readiness or

safe operations, the Avenger shall not be operated until the necessary

maintenance has been performed and it is found to be in a condition for safe

flight. Any discrepancies and all maintenance or alterations shall be

doc umented in the aircraft records, such records to be made availa ble to the16

Leptron Confidential

Administrator upon request.

32. Except as may be designated otherwise for Fail

- Safe operations, t he Avenger

shall take off and land at a location within the boundaries of the subject property

next to the PIC.

33. Upon loss of communication or GPS signal, the Avenger shall return to a

predetermined location within the boundaries of the landowner’s property and

land or be recovered in accordance with the FOM.

34. In the event of an emer gency or unanticipated obstacle to planned operations,

the operation shall be aborted and the Avenger, if airborne, shall return to a

predetermined location.

35. The Avenger shall be maintained in accordance with the manufacturer’s

Maintenance Manual , including any amendments or updates thereto. All

amendments or updates shall be tracked and a record of such amendments or

updates shall be maintained and made available to the Administrator upon

request.

36. All maintenance to be performed on the Avenger shall be performed by a

technician qual ifi ed pursuant to the criteria provided in the Maintenance

Manu a l.

37. The operator shall follow the manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection and life limit requirements

, as provided in the

Inspection and Maintenance Manual. Any incident, accident or flight operation

that transgresses the lateral or vertical boundaries of the operational area as

defined by the applicable COA shall be reported to the FAA’s UAS Integration

Office within 24 hours. Accidents shall also be reported to the National

Transportation Safety Board (NTSB). Further flight operations shall not be

conducted until the incident, accident or transgression is reviewed by the UAS

Integration Office and authorization to resume operations is p rovided.

c

. Privacy

Petitioner will comply with all federal, state, and/or local privacy regulations that may

apply in the areas in which Petitioner will operate the Avenger pursuant to this Petition. Further,

Petitioner ’s policy is to avoid operations that might invade personal privacy in accordance

with Petitioner ’s privacy policy available to the administrator upon request

.17

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d

. Physical Security

In order to ensure its safe and proper us e
, Petitioner will be the only operator of the

Avenger and the Avenger will at all times remain in Petitioner ’s custody

.

3. History of Safe Operations Flying the Leptron Avenger

Arlington Texas Police Department. The Leptron A venger has been operated successfully in

Class B airspace with the Arlington Police Department. Petitioner’s f light team has used the

equipment in both urban and residential areas. Petitioner also has other COA’s with Central

Michigan University, Texas A &M University, and the US Department of Agriculture.

Additionall y the Avenger has been given a US Army AWR under the US Army AED process.

4. Lack of Threat to the NAS, Public, or National Security

For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,

Petitioner ’s established record of safety and the small size of the s UAS involved and the

controlled sterile area within which they will operate, Petitioner 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 s UAS s to commence immediately. Petitioner has

previously demonstrate d that the Leptron Avenger s UAS will be operated safely in the NAS

without creating a hazard to other aircraft or persons or property on the ground or pose a threat to

national security

. Further, given its small size and limit load capacity, the A venger s UAS is

incapable of carrying any substantial external load, including e x p l os i v e m a t e r i a l s or f l a mm ab l e

li q u i ds.

For all of these reasons, Petitioner ’s proposed operations using the Leptron Avenger qualify

for expedited approval of the sought exemption pursuant to Section 333 for the specified uses

and under the proposed operating requirements and restrictions.

H

. Public Interest Benefits

Granting Petitioner ’s request for exemption would benefit the public and have no adverse effect

on safety for the following reasons

.

1. Public Interest Generally

The Leptron Avenger is a battery powered s UAS that serves as a safe r
, more efficient, and

economical alternative to larger and heavier manned aircraft carrying flammable liquid fuels

, traditionally use for aerial surveying

. This will provide for a n added superior level of safety to

persons and property in the air and on the ground than that provided by manned aircraft

performing the same operations. No p ilot or cre w need be airborne and g ranting the exemption18

Leptron Confidential

would also decrease the number of manned aircraft in the NAS and, as a result, reduce

congestion as well as the environmental impact of such operations

. Using the Avenger also

provides the benefit of greater operational flexibility and reduced cost when compared to manned

aircraft.

(a) Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G round

Because the Avenger is unmanned, the proposed operations eliminate the risk to pilot and

crew associated with flying such aerial

- surveying missions in confined airspace at low altitude

. Further, g iven its small size and weight and low air speed

, using the Avenger also reduces the risk of

damage or injury to persons or property on the ground , and in the air, were there to be a n unforeseen

mishap

. (b) Reduced Environmental Impact

U sing the Leptron Avenger s UAS instead of manned aircraft also benefit s the public by

eliminating or greatly reducing air and noise pollution associated with traditional aerial surveying

operations

. Because it is battery power ed and uses electric motors, the A venger s UAS consumes

no fuel

, generates no air pollution

, and creates very little noise . As a result, the public is benefited as

a result of reduced enviro nmental impact, r educed operator and other human exposure , and

greater fuel conservation, which serves additionally to su pport our G overnment’s specific effort s

to reduce the U.S.’s carbon footprint. 6

(c) Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling

The Leptron Avenger also does not require a runway or helipad to takeoff or land and will

not be operated within the close proximity of any airports without prior FAA approval

. As such

,

fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff, departure,

arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number

of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of surveying

operations as well as congestion around airports due to aircraft arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. E conomy

B etter aerial footage can also be obtained using the small and nimble Avenger than can be

obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior

flight performance characteristics, the Av enger allows for images to be taken from certain locations

and angles and with better precision than using manned aircraft

. As a result, less tim e is needed in

6 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.19

Leptron Confidential

the air to obtain the desired footage

, which in addition to providing the benefit of fewer aircraft in the

NAS and associated reduced risk to objects and persons and property in the air and on the ground,

reduced noise, etc., allows for the production of surveys , which benefit s consumers

. This

additionally ensures that companies such as Leptron and its customers remain competitive and

profitable, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. econom y through increased consumer spending

.

(e) Increased Operational Flexibility and Reduced Cost

Using the Leptron Avenger also provides the benefit of greater operational flexibility and

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner

can operate the Avenger , which it has purchased and outfitted at lower combined cost

, innumerable

times and at the convenience of Petitioner ’s and its customer ’ s schedules

.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue

risks to the public. The operations pursuant to this Petition will be in accordance with

Petitioner ’s internal safety Manuals, including approved processes and checkli st s an d in

c o m p li ance w i t h all applicable FAA safety policies and guidance. Accordingly, and as

detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed

, as

detailed below

, operations pursuant to the limitations and guidelines addressed herein and the

safety procedures, Petitioner w ill provide a n equivalent level of safety to those regulations

from which Petitioner seeks exemption

. The FAA has also recently set precedence by granting

exemptions with similar aerial imaging and filming parameters in all material respects, to those

presented herein ( e . g. Exemption Nos. 11062 (Astraeus Aerial), 11063 (Snaproll Media

LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo

Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.)

.

For these reasons Leptron’s operations pursuant to this Petition also qualify for an

exemption

.

I. Exemption s Sought By Petitioner a nd Reasons For The Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151(b)

, 91.405(a),

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

.

1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

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Leptron Confidential

Section 45.27, entitled Location of marks; nonfixed

- wing aircraft

, subsection (a) states

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks

required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Avenger s UAS

,

Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both

surfaces of the cabin, fuselage, boom, or tail) because the Avenger s UA S is of insufficient size

to accommodate any such marking. Thus marking the Avenger s UA S as required by this

subsection would not be possible.

An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the Avenger s UA S , as

may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f) ) on its largest

available surface so as to permit such marking to be displayed to pilot, crew, and others both

when the A venger s UA S is on the ground and airborne (see Figure 1)

.

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command

.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) state

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who

holds a private pilot certificate may act as pilot in command of an aircraft that is

carrying passengers or property for compensation or hire; nor may tha t person,

for compensation or hire, act as pilot in command of an aircraft

.

(b) A private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if:

(1) The flight is only incidental to th at business or employment; and

(2) The aircraft does not carry passengers or property for compensation or

hire.

In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s

. Petitioner seeks exemption from the subsections because t he s UAS w i l l

not ca rr y a p il o t

, passe n g e r s or property (other than a camera). As addressed, the Leptron

Avenger is a very light, remotely controlled s UAS with no persons or property on board. The21

Leptron Confidential

area of operations is generally remote or sparsely populated. Each f li g h t is p l anned and fully

coo r d i na t ed i n a d v ance in accordance with those procedures provided in the S afety Manual and

SOP. Thus t he r i s k assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that

ass o c i a t ed w i t h co m m e r c i al ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a P IC having a

private pilot certificate , rather than a commercial certificate, met the minimum flight hour and

qualification criteria, and operating according to the limitations and guidelines provided herein

, provides a level of safety that e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e

op e r a t i n g a con v en t i onal a i r c r a f t as required under the regulations

.

T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances

similar, in all material respects, to those presented herein

.

3. Section 91.7(a). Civil Aircraft Airworthiness

.

Either finding that Petitioner meets the Section 333 criteria or exemption from the

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a)

inapplicable.

Section 91.7, entitled Civil aircraft airworthiness

, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA

standard by which such a determination of airworthiness can be made. Nonetheless, given t he

limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the

SOP, the FOM and the Maintenance Manual

, for maintaining the aircraft and checking it before

each flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be

p r o v i ded.

3

. Section 91.105. Flight crewmembers at stations

.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations

, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight

crewmember shall

—
(1) Be at the crewmember station unless the absence is necessary to

perform duties in connection with the operation of the aircraft or in

connection with physiological needs; and

(2) Keep the safety belt f

astened while at the crewmember station.22

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(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall,

during takeoff and landing, keep his or her shoulder harness fastened while at his

or her assigned duty station . This paragraph does not apply if

—
(1) The seat at the crewmember's station is not equipped with a shoulder

harness; or

, (2) The crewmember would be unable to perform required duties with the

shoulder harness fastened.

In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and

harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the Avenger

s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or

harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f e t y can be

provided instead by using an unmanned aircraft controlled by a PIC who at all times is located at

and controls the s UAS from the GCS.

4

. Section 91.119(c). Minimum safe altitudes

.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum

safe altitudes: General

, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface

, except over open water or sparsely populated areas. In those cases, the aircraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than

congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this

Petition, t he Avenger s UA S w il l at times be ope r a t ed at or below 4 00 feet A G L

.

An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided

herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction

with any persons or property in the air and on the g round , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would

generally be restricted . Further t he A venger s UAS flight operations will be m on i t o r ed at all23

Leptron Confidential

times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y r e q u i r e m en t s
,

so as to prevent access to t he restricted a r eas o f ope r a t i on.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

5

. Section 91.121. Altimeter settings

.

Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter

settings

, 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.” Petitioner seeks exemption from S ection 91.121 because the

Avenger s UAS does not use or have on board a typical barometric altimeter as contemplated by

the regulation. Instead, the Avenger s UAS has a laser altimeter to maintain altitude.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at

or below 400 feet AGL

, within the VLOS of the PIC (with the assistance of a VO)

, with laser

altimeter information downlinked from the SUAS to the PIC to maintain altitude and ensure

safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as

confirmed for accuracy by the PIC.

6

. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel

requirements for flight in VFR conditions

, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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, to fly

after that for at lea st 20 minutes

.

The Leptron Avenger is an unmanned aircraft, and thus would not begin a flight with a

person in it as the regulation contemplates . To t he extent the regulation applies to the Avenger

,

the Avenger has a maximum flight duration of 60 minutes

, depending upon atmospheric

conditions and type of camera or sensor.

A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 12 minutes w h i ch e v er occurs f i r s t, as provided in the FOM . Given that the

Avenger will be operated within the VLOS of the PIC, within the confines of the particular

landowner’s property with prior written consent of the landowner and participating and non

-24

Leptron Confidential

participating personnel, this restriction would provide more than enough battery reserve to

accommodate a safe return to the landing zone from anywhere in the operating area with no

adverse effect on the safety of persons and property in the air or on the ground.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

7. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance

inspections and recording

.

Section 91.405(a)

, entitled Maintenance required

, states:

Each owner or operator of an aircraft

—
(a) 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 ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration

, states:

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless

—
(1) It has been approved for return to service by a person authorized under

§ 43.7 of this chapter;

Section 91.409 (a)(2) , entitled Inspections

, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had

—
(1) An a nnual inspection in accordance with part 43 of this chapter and

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter

.

No ins pection performed under paragraph (b) of this section may be substituted

for any inspection required by this paragraph unless it is performed by a person

authorized to perform annual inspections and is entered as an “annual” inspection

in the required main tenance records.25

Leptron Confidential

Section 91.417(a) and (b) , entitled Maintenance records

, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413 , each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive mainte nance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must include

—

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for r eturn to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since

the last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the method of compliance, th e AD or

safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.26

Leptron Confidential

(b) The owner or operator shall retain the following records for the periods

prescribed:

( 1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained u ntil the defects are repaired and the aircraft is

approved for return to service.

In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as

p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and

Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s

p r e s c r i bed i n P a r t 43 ( Maintenance, Preventive Maintenance, Rebuilding, and Alterations ) and

that any work on the aircraft be recorded and such records maintained.

Petitioner seeks an exemption because , as addressed, the Leptron Avenger s UA S will

operate pursuant to this Petition without airworthiness certification

. An e q u i v a l ent l e v el of

s a f e t y can be provided instead by requiring, as provided herein, that inspections and

m a i n t enance be acc o m p li shed according t o t he inspection, maintenance, and preflight sections of

the Maintenance Manual, FOM , and SOP. A s p r o v i ded i n t he FOM and SOP

, among other

things , the s UAS will be inspected prior to each flight to confirm that it is in good w o r k i n g

o r der . A ny maintenance or repairs will be p e r f o r m and l o g ged , and , upon any work being

performed on the s UAS

, the s UAS will be checked and approved for flight by personnel before

being returned to service

.

T he FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

J

. C onclusion

A s set forth in the document above, the following summary is provided for publication

in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012, and 14 C.F.R. Part 11 to permit safe operation of the

Leptron Avenger s UAS commercially, for the purposes of aerial imagery and precision photography27

Leptron Confidential

relating to aerial mapping, surveying, and topography recording

. B y granting this Petition, the FAA

Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA

Modernization and Reform Act of 2012 to expedite approval of operations of certain s UAS in

the NAS , while also advancing the interests of the public

.

WHEREFORE

, in accordance with the Title 49 of the United States Code, the Code of

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333,

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from

the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151(b)

, 91.40 5(a), 91.407(a)(1), 91.409(a)(1) and (b)

, and 91.417(a) and (b)

.

Dated :
,

Respectfully submitted,