LanierFord.Com

1 October 23, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W 12

- 140 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Reque st Pursuant to Section 333 of the FAA Modernization and Reform

Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H, 14 C.F.R. Part 27, and 14 C.F.R. §§ 45.23(b), 45.27(a), 61.101(e)(4), 61.113, 61.133(a), 61.23(a) and (c); 61.315(a), 91.9(c), 91.119, 91.121, 91.151(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Signalink, Inc. (“Signalink”) hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the DJI Spreading Wings S

- 900 (“Spreading Wings”) unmanned aircraft systems for aerial data

collec tion.

Signalink requests that the FAA review this petition pursuant to its “summary grant” process as the FAA has already granted exemptions similar in all material respects to this petition. See FAA Grant of Exception Nos. 11062, 11109, 11112, and 11213. The reasons stated by the FAA in granting the exemptions listed above also apply to this petition, and the grant of this petition are in the public interest.

**I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED**

Signalink requests exemption from the following regulations:

· 14 C.F.R Part 21, Subpart H;

· 14 C.F.R Part 27;

· 14 C.F.R § 45.23(b); Jonathan F. Mayhall

Attorney at Law Facsimile: (256) 533

- 9322 jfm @l anierford .com2 · 14 C.F.R. § 45.27(a);

· 14 C.F.R § 61.101(e)(4) ;

· 14 C.F.R § 61.113;

· 14 C.F.R § 61.133(a) ;

· 14 C.F.R § 61.23(a) and (c) ;

· 14 C.F.R § 61 .315(a) ;

· 14 C.F.R § 91.9(c);

· 14 C.F.R § 91.119;

· 14 C.F.R § 91.121;

· 14 C.F.R § 91.151(a) & (b)

· 14 C.F.R § 91.405(a);

· 14 C.F.R § 91.407(a)(l);

· 14 C.F.R § 91.409(a)(2);

· 14 C.F.R § 91.417 (a) & (b).

This peti tion incorporates the material contained in the User Manuals for the Spreading Wings

S900

**II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS**

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft system (“UAS”) where it does n ot create a hazard to users of the national airspace system (“NAS”) or the public or pose a threat to national security based on the following considerations:

· The size, weight, speed and operational capability;

· Operation in proximity to airports and populated areas; and

· Operation within visual line of sight of the operator. Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a3 requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701

- 44716, et

seq . A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

**III. DESCRIPTION OF SIGNALINK**  **AND ITS SERVICES**

Signalink provides aerial data capture and imaging services for a wide variety of industries including infrastructure, real estate, wild life, energy, agriculture

, engineering and insurance. Signalink is he adquartered in Madison, Al

.

Signalink, Inc. 1286 Slaughter Rd Madison, Al 35758

**IV. DESCRIPTION OF PROPOSED OPERATIONS**

Signalink is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to p erform aerial data capture and imaging services for a variety of industries including infrastructure, real estate, wild life, energy, agriculture

, engineering and insurance.

Helicopter or fixed wing aircraft typically performs this type of aerial imagery and data

collection. Use of a UAS will reduce safety risks due to the fact it does not carry flammable fuel or a pilot, and UAS operations can be performed at significant savings. The UAS will also allow for better imagery than can be produced by using a h elicopter or fixed wing aircraft.

**A. Aircraf t to be Operated 1. DJI Spreading Wings S** 

**- 9**  **00**

Signalink will use the Spreading Wings S

- 900 as the main aircraft to provide its services. The FAA has already approved the Spreading Wings for commercial use in FA A Exemption No. 11521 (FAA Docket No. FAA

- 2014

- 0947). The Spre ading Wings is shown in Figure 1 below.4 F igure 1

– DJI Spreading Wings S

- 900

The Spreading Wings is more fully described in the Spreading Wings User Manual.

**B. Signalink’s**  **Proposed Operatio ns Demonstrate an Equivalent Level of Safety** 

**1. General Description of Proposed Flight Operations**

Signalink proposes to operate within the limitations and performance specifications listed in this application and in the manual . These limitations provide for at least an equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations are safer than conventional operations using helicopters or fixed wing aircraft, which carry an operator and flamma ble fuel. The proposed flight operations are similar in all material respects to operations already approved by the FAA and are therefore subject to the FAA’s “summary grant” process.

The proposed operations do not create any hazard to users of the nation al airspace system or pose a threat to national security. The aircraft are battery operated with a maximum f light time of less

than 20 minutes. The vehicles weigh less than 55 pounds. The vehicles will be operated at or

below 400 feet AGL within the visual line of sight of the pilot in command. Signalink’s operations will be over private or controlled access property with the permission of the owner/controller or authorized agent.

Manned aircraft are at risk of fuel spillage and fire in the event of an inc ident or accident. The proposed UAS carry no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being operated by the petitioner reduces the risk to participating persons in close proximity to the aircraft due to the limited size, weight, operating conditions, and design safety features.

The petitioner’s aircraft have the capability to operate safely after experiencing certain in

- flight5 failures, as specified in t he manual . The aircraft are also able to respond to a lost

- link event with

a pre

- coordinated and automated flight maneuver.

**2. Specific Limitations on Proposed Flight Operations**

Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certification requirements, Signalink’s proposed operations would “not create a hazard to users of the national airspace system or the public or pose a threat to national security.” Reform Act Section 33 3(b)(1).

1. The aircraft weigh less than 55 pounds.

2. Each aircraft will be identified by serial number, registered with the FAA, and have identification (N

- Number) markings as large as practical

.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC.

5. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended oper ation with a reserve power of 25%, or greater if

recomm ended by the manufacturer

.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will not exceed 400 feet AGL.

8. Flights will be operated at a lateral distance of at least 50 0 feet from any persons or property not associated with the operation who have not given prior permission.

9. Flights will be limited to a groundspeed of 100 mph.

10. Minimum crew for each flight will consist of a PIC and an Observer.

11. The PIC will hold eith er an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal Government. The PIC will

also meet the flight review requirements specified in 14 CFR § 61.56.

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight

as well as contact information for the PIC.

13. The flight operations will yield the right of way to o ther manned aircraft operations.6 14. All persons who are not involved with Signalink‘s operations will be required to be at least 500 feet from flight operations.

15. The aircraft will only operate over private or controlled access property with the permission of the owner/controller or authorized representative.

16. The UAS will not operate within 5 nautical miles of an airport unless a letter of agreement is obtained.

17. All required permissions and permits will be obtained from territory, state, county or city jurisdictions prior to flight.

18. For any operations not allowed under the Blanket Certificate of Waiver or Authorization (COA) issued on March 23, 2015,

, Signalink will obtain a COA from the FAA prior to commencing operations

.

19. If the aircraft loses commu nications, it will have the capability to return to a pre

determined location within the operational area and land.

20. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operationa l area and land.

21. The flight will be aborted in case of unpredicted obstacles or emergencies.

22. All flights performed will have data logs containing relevant flight information.

23. UAS operations will be conducted within the parameters of the Manuals.

**V. S PECIFIC FAR EXEMPTIONS REQUESTED** 

Signalink seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations. Listed below are (1) the specific FAR sections for which exemptio n is sought, and (2) the operating procedures and safeguards

that Signalink has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

**A. 14 C.F.R. Part 21, Subpart H**

**– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)** 

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to

aircraft norma lly used for the same application. These criteria are met with this petition, and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 2014

- 0352 at 13

- 14, 22. If, however, the FAA determines that there are some characteristics of the

UAS that fail to meet the requirements of the Reform Act, an exemption is requested.7 Equivalent Level of Safety : The UASs are safe when taking into account their size, weight, speed, and operational capability. They weigh less than 55 pounds and w ill be flown at speeds less than 100 miles per hour, and in visual line of sight of the operator. The UASs do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The UASs will be operated within the parameters of their respective Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

**B. 14 C.F.R. Part 27 Airworthin ess Standards: Normal Category Rotorcraft** 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal

category ro torcraft. To the extent the UAS would otherwise require certification under Part 27, Signalink seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

**C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements** 

14 C.F.R. § 45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the op erator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport, “experimental,” or “provisional,” as appli cable.

14 C.F.R. § 45.27(a) states:

**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.

14 C.F.R. § 91.9(c) states:

No person may o perate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “ha ve identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14.

Equivalent Level of Safety : Signalink will mark all UASs with th eir N

- Number in a prominent spot on the fuselage with markings that are as large as practicable.

**D. 14 C.F.R. § 61.23(a) and (c), 61.101(e)(4),**  **61.113 (a), 61.133(a), 61.315(a)**  **: Pilot Privileges** 8 **and Limitations**

Signalink seeks exemption from the above reg ulations to the extent that they require the PIC of an UAS to have a commercial pilot’s license with a current medical certificate. Section 61.23(a) sets out the operations requiring a medical certificate and the level of certificate required.

Sections 6 1.113(a) and (b) limit private pilots to non

- commercial operations. Likewise

, Sections 61.315(a) and 61.101(a) limit light

- sport and recreational pilots, respectively, to non

- commercial operations. Section 61.133(a) requires an individual with a commerci al pilot’s license to be pilot in command of an aircraft for compensation or hire. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire

While the UAS will be operated as part of a commercial operation, they carry neither passengers

nor cargo. The FAA has granted exemptions allowing operations by people who hold an airline
transport, comm ercial, private, recreational, or sport pilot certificate with a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal Government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56. See FAA Exemption No. 11374.

Signalink will ensure the PIC will meet the requirements listed in the above paragraph. Signalink will also ensure the PIC will have completed the manufacturers’ training guidelines outlined in

the Manuals.

The FAA s tated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and specif ic make and model experience, culminating in verification through testing.” See Exemption No. 11062, Docket No.

FAA 2014

- 0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in the UAS operations described above.

The restrictions Signalink has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352 and those listed in the FAA’s “summary grant” process.

**E**

**. 14 C.F.**  **R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas**

Signalink requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet

to any person, vessel, vehicle, or structure. The Manuals provide for Signalink operations at least 500 feet from persons and structures not involved in the operations. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operat ions in uncongested areas with similar flight restrictions as those imposed by Signalink. See Grant of Exemption No. 11062, p. 20

- 21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing aircraft weighing far more than t he maximum weights proposed herein, and given the lack of flammable9 fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weigh t, and speed of the UAS, as well as the locations where it is operated . In order to avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. Other aircraft are already prohibited from operating closer than 500 from struct ures where Signalink proses to operate. This is airspace where other aircraft do not normally operate. As set forth in the Manuals and herein, the UAS will be operated in the remote sites, away from persons or structures not involved in the operation. All persons who are not involved with Signalink’s operations will be required to be at least 500 feet from flight operations. This will pose no risk to the public because other aircraft are not operating in these areas.

**F**

**. 14 C.F.R. § 91.121: Altimeter Settin**  **gs**

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport. The UASs proposed here use both barometric pressure sensors and GPS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the UAS does not have a barometric altimeter setting.

The altitude of the UAS is monitored by the PIC on the ground control station and by the visual

observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within v isual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20

- 21. As the attached Manuals indicate, the UAS will be operated at or below 400 feet AGL and otherwise comply wi th the limitations in the Grant of Exemption No.

11062.

**G**

**. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** 

Signalink requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in

VFR conditions. Section 91.151 s tates:

(a) No person may begin 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 th e day, to fly after that for at least 30 minutes; or

. (2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on the UAS battery power means that no meaningful flight operations can be conducted while maintaining a 30 minute reserve. The aircraft are battery powered w ith a maximum flight time of less than 25 minutes. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power reco mmended by the manufacturer if greater.10 Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated

with at least 25% reserve b attery power still available. See Grant of Exemption No. 11062, p. 21

- 22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a flight unless there is enough available power 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. See FAA Exemption No. 11374 (FAA Docket No. 2015

- 0091 at p. 5). The limitations here provide that the PIC will ensure that before each flight, there is enough available power for the UAS 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.

**H**

**. 14 C.F.R. §§ 9**  **1.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections** 

Signalink seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See

, e.g ., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall bet ween required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS p roposed here will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, replacement, and preflight in spection requirements.

See Exemption No. 11062 (FAA Docket No. 2014

- 0352, at p. 14

- 15) and Exemption No. 11374 (FAA Docket No. 2015

- 0091, at p. 4).

Signalink will follow the UAS manufacturer’s maintenance requirements. Flights will not be

conducted unles s a flight operations checklist is performed that includes all of the aircraft’s

components.

**VI. PUBLIC INTEREST**

Granting Signalink’s petition for exemption furthers the public interest. National policy set by Congress favors early integration of UAS int o the NAS in controlled, safe working environments such as proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required

under Section 332 of the Reform Act.

Moreover, use of UAS will promote the efficient use of resources. The use of the UAS propped here will also decrease safety

- related incidents involving traditional aircraft. The public has an interest in promoting science and techno logy education and in reducing the hazards and emissions associated with alternate use of helicopters and small airplanes to conduct similar11 operations.

**VII. PRIVACY**

All flights will occur over private or controlled access property with the owner’s conse nt. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

**IX. ATTACHMENTS**

Attachment 1:

Spreading Wings S

- 9 00 User Manual

If you have any questions or require any additional information, please do not hesi tate to contact the undersigned attorneys for Signalink.

**X. CONCLUSION**

Satisfaction of the criteria provided in Section 333 of the Reform Act

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

- provides more than adequate justification for the grant of the requested exemptions to permit Signalink to operate the UASs proposed here. Furthermore, this petition warrants review by the FAA under th e “summary grant” process for immediate approval.

XI. SUMMARY FOR FEDERAL REGISTER

Pursuant to Section 333 of the FAA Modernization and Re form Act of 2012, Signalink, Inc. requests exemption from the following Federal Aviation Regulations that are found under Title 14 of the Code of Federal Regulations: Part 21, Subpart H , Part 27, and Sections 45.23(b), 45.27(a), 61.101(e)(4), 61.113, 61.133(a), 61.23(a) and (c); 61.315(a), 91.9(c), 91.119, 91.121, 91.151(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b)

.

Sincerely,

Jonathan Mayhall Counsel for Signalink, Inc.

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