AUV Proprietary & Competition Sensitive. File Securely. Page **1** of **29** UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC
Regulatory

Docket No. _________________

INTHE MATTER OF THE PETITION FOR EXEMPTION OF: **AUV, LLC. DBA AUV FLIGHT SERVICES**  FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS: **14 C.F.R §§ 61.113(a) & (b); 91.7(a); 91.121; 91.151(b); 91.405(a); 91.407(a)(1); 91.409(a)(1) &**  **(a)(2); and 91.417(a) & (b)**  CONCERNI

NG COMMERCIAL OPERATION OF: **SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS) NOT WEIGHING MORE THAN 55 POUNDS**  PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on April 14 , 2015 AUV, LLC. MICHAEL INTSCHERT 6 720 S Plumer Ave. Tucson, Arizona 85756 Tel: (281) 414

-0280AUV Proprietary & Competition Sensitive. File Securely. Page **2** of **29 TABLE OF CONTENTS**  Page
APPENDICES

................................ ................................ ................................ ................................ . 3 GLOSSARY OF ABBREVIATIONS

................................ ................................ ............................. 4 BACKGROUND INFORMATION

................................ ................................ ................................ 5 AIRCRAFT MODELS INCLUDED IN THIS PETITION

................................ ............................. 5 REGULATORY BASIS FOR PETITION

................................ ................................ ...................... 5 A. NAME & ADDRESS OF PETITIONER

................................ ................................ ........... 7 B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AUV, LLC. SEEKS EXEMPTION

................................ .......................... 7 C. THE EXTENT OF RELIEF AUV, LLC. SEEKS & THE REASON AUV, LLC. SEEKS RELIEF

................................ ................. 11 D. THE REASONS WHY GRANDING AUV, LLC.’S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ .................. 14 E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ........................... 1 6 F. SUMMARY THAT CAN BE PUBLISHED IN THE FEDERALREGISTER

................................ ................................ 27 G. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT AUV, LLC.’S REQUEST

................................ ................. 27 CONCLUSION

................................ ................................ ................................ .............................. 28AUV Proprietary & Competition Sensitive. File Securely. Page **3** of **29 APPENDICES** 
LIST OF AIRCRAFT

................................ ................................ .......................... APPENDIX A AUV UAS STANDARD OPERATI NG PROCEDURES

................................ .. APPENDIX BAUV Proprietary & Competition Sensitive. File Securely. Page **4** of **29 GLOSSARY OF ABBREVIATIONS**  AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle C2 Command and Control C.F.R. Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SOP Standard Operating Procedures sUAS Small Unmanned Aircraft System UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VO Visual Observer VTOL Vertical Takeoff and LandingAUV Proprietary & Competition Sensitive. File Securely. Page **5** of **29**

**BACKGROUND INFORMATION** AUV, LLC. , also known as AUV Flight Services, (hereafter referred to as “AUV”) is in the business of consultation and pilot contracting, both for manned and unmanned aircraft operations. AUV seeks an exemption to operate all sUAS, listed in Appendix A, for compensation or hire within the National Airspace System (“NAS”). The proposed aircraft include vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) , Fixed

-wing Unmanned Aircraft and transportable Ground Control Stations (GCS). Regulatory exemptions laid out in this petition would allow AUV to provide aerial data collection services, utilizing UA, for private and commercial interests in the United States. The sUAS to be operated will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Regi stration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. **AIRCRAFT MODELS INCLUDED IN THIS PETITION** AUV seeks to commercially operate a variety of UAS weighing less than 55 pounts including payload in the United States for the purpose of acquiring aerial data. The Appendix A attached to this exemption petition lists the aircraft that AUV contemplates operating. In addition, AUV requests that it be granted permission to operate those aircraft already approved in previous Section 333 exemption petitions. As the operator of these aircraft, AUV is committed to the following conditions and limitations
on its operations. AUV understands that failure to comply will be grounds for immediate suspension or rescission of any exemption granted.
**REGULATORY BASIS FOR PETITION** Pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain UnmannedAUV Proprietary & Competition Sensitive. File Securely. Page **6** of **29**

Aircraft Systems , AUV hereby petitions the Administrator to operate sUAS in the NAS, and for
an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, AUV’s operation of the listed UAS meets the conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, AUV requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only a pply to aircraft with an airworthiness cer tificate. AUV submits that the requested relief is proper since an equivalent level of safety will be ensured. AUV will perform maintenance, alterations, or preventive maintenance on the UAS as prescribed by

the manufacturers’ maintenance documentation where applicable, or by returning the aircraft to its manufacturer when operator maintenance is not recommended. Furthermore, AUV will document and maintain all maintenance records for the aircraft used in the requested operations, utilizing an internal digital logbook system. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by AUV to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot certificate and a third

-class airman medical certificate, and who has completed the OEM training and currency requirements, to conduct the proposed UAS operations, or to supervise and train students in OEM certification courses. AUV submits that the conditions and limitations set forth herein will ensure the safety o f the NAS, as well as the safety of persons or property on the ground. AUV seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the selected sUAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, AUV submits that it will ensure that the unmanned aircraft are in an airworthy condition prior to every flight, by determining that the UAS are in compliance with theAUV Proprietary & Competition Sensitive. File Securely. Page **7** of **29**

applicable UAS Operator and Maintenance Manuals, and that the UA are in condition for safe flight. AUV also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the proposed UAS are equipped with a barometer and Global Positioning System (GPS) equipment, which ensures that a ground level pressure setting will be established prior to each flight. The UA barometer and GPS equipment ensure safety by providing the PIC with adequate information concerning altitude of the UA, above ground level (AGL), as shown on the heads

-up display

of the GCS. Additionally, AUV seeks an exemption from the requirements of Section 91.151(b), Fuel requirements for flight in VFR conditions

. AUV submits that safety will not be affected because flights will be terminated at or before battery levels which are recommended by the OEM for safe operation.
Inaccordance with 14 C.F.R. § 11.81, AUV provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.** The name and address of the Petitioner is: AUV, LLC. 1921 E Flight Line Drive Building 2 Tucson, Arizona 85756 The point of contact for this Petition and specific contact information is as follows: Michael Intschert, Vice President AUV, LLC. 6720 S Plumer Ave. Tucson, Arizona 85756 Phone: (281) 414

- 0280 Email: Michael.Intschert@AUVOps.com
**B. The Specific Sections of 14 C.F.R. From Which AUV Seeks Exemption. 1. AUV Seeks Exemption From The Requirements Of**  **Section 61.113(a) And (b).**AUV Proprietary & Competition Sensitive. File Securely. Page **8** of **29**

Section 61.113, entitled Private pilot privileges and limitations : Pilot in command, subsections (a) and (b) prescribe the following, in part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employ ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. AUV Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7 , entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. AUV Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in relevant part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the cur

rent reported altimeter setting of an appropriate available station;
orAUV Proprietary & Competition Sensitive. File Securely. Page **9** of **29** (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure;

**4. AUV Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (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 least 20 minutes. **5. AUV Seeks Exemption From The Requirement Of Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: 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[.] **6. AUV Seeks Exemption From The Requirements Of Section 91.407(a)(1).** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (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[.]AUV Proprietary & Competition Sensitive. File Securely. Page **10** of **29**

**7. AUV Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (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 annual 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. **8. AUV Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (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 maintenance, 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 return to service. (2) Records containing the following information:AUV Proprietary & Competition Sensitive. File Securely. Page **11** of **29** (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, the 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 § 4 3.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (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 until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief AUV Seeks And The Reason AUV Seeks The Relief.**AUV Proprietary & Competition Sensitive. File Securely. Page **12** of **29**

**1. Extent of Relief AUV Seeks And The Reason AUV Seeks Relief From Section**  **61.113(a) And (b).** Relief from Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a Pilot in Command (PIC) holding at least a sport pilot certificate and a third

-class airman medical certificate, and who has completed the OEM training and currency requirements, to conduct the proposed UAS operations

. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, AUV submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate a UAS unless that PIC has demonstrated, through the OEM training and currency requirements, that the PIC is able to safely operate the aircraft in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, AUV submits that all flights of the UAS, conducted by the PIC pursuant to the grant of this Petition (1) will be incidental to AUV’s business; and (2) will not carry passengers or property for compensation or hire. **2. Extent of Relief AUV Seeks And The Reason AUV Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a), entitled Civil aircraft airworthiness, is requested to the extent required to allow AUV to determine that the operations UAS is in an airworthy condition prior to every

f light by ensuring that the UAS is in compliance with the applicable operations and maintenance manuals, and that the UA is in condition for safe flight. AUV seeks the requested relief because the proposed sUAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AUV will ensure thatAUV Proprietary & Competition Sensitive. File Securely. Page **13** of **29**

the sUAS is in an airworthy condition based upon its compliance with the operating documents prior to every flight, and as stated in the conditions and limitations below. **3. Extent of Relief AUV Seeks And The Reason AUV Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the propo sed UAS, which utilize barometer and GPS equipment, to ensure that
a ground level pressure setting will be established prior to each flight, and in order to report altitude to the PIC. AUV seeks the requested relief because the proposed UAS do not utilize
a ty pical barometric altimeter that may b e set as contemplated by S ection 91.121. As more fully s et forth below, an equivalent level of safety will be maintained since the sUAS are equipped with a barometer and GPS equipment, which will ensure that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA, above ground level (AGL), on the heads

-up display of the ground control station (GCS).

**4. Extent Of Relief AUV Seeks And The Reaso n AUV Seeks Relief From Section**  **91.151(b).** Relief from Section 91.151(b), entitled Fuel Requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UA, during daylight hours in visual meteorological conditions under visual flight rules (VFR), to continue for a total duration not greater than that recommended by the manufacturer for safe operation. AUV seeks the requested relief, because without an exemption from Section 91.151(b), the flight time duration of the battery powered UA will severely constrain the practicality of any aerial data collection operations which AUV proposes to conduct pursuant to this Petition. **5. Extent Of Relief AUV Seeks And The Reason AUV Seeks Relief From Sections 91.405(a** **), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, AUV requests relief from these Sections because the UAS do not require an airworthiness certificate. As set forth more fully b elow,AUV Proprietary & Competition Sensitive. File Securely. Page **14** of **29**

the selected UAS meet the conditions of Section 333 of the FMRA for operation without an airworthiness certificate. Accordingly, AUV will perform maintenance, alterations, or preventive maintenance on the UAS as prescribed by the manufacturers’ maintenance documentation where applicable, or by returning the aircraft to its manufacturer when operator maintenance is not recommended. Furthermore, AUV will use internal digital logbooks , to document and maintain all maintenance records for the aircraft used.

**D. Reasons Why Granting AUV’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest by allowing AUV to safely, efficiently, and economically perform commercial aerial data collection

. Additionally, our services will aid in increasing safety and proper operating procedures for these aircraft both in commercial and private markets to reduce risk and potential accidents. Notably, the benefits of AUV’s proposed operations of the listed UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Th e**  **Aerial Data Collection**  **.** AUV’s aerial data collection program will provide safe, efficient, and economical data collection to the public

. The exemption process under FMRA section 333 allows the FAA to hand pick the safest operators to spearhead the UAS service market in the United States, which increases the safety f or the public as a whole. This petition and its supporting documents prove AUV to be exactly the ty pe of operator the FAA should wish to proliferate based on its dual mandate to increase safety and economic prosperity

. AUV has empirically proven itself to be safer than many other UAS operators, and UAS in general pose a much smaller risk to the public than manned, combustion engine aircraft generally used for aerial data collection

. To utilize an analogy f rom microeconomics, granting this petition will increase the supply

of safe, lawful aerial data collection operators in the United States, whichAUV Proprietary & Competition Sensitive. File Securely. Page **15** of **29**

will drive down the demand for and use of less safe manned aircraft operators or illegal UAS operators

. Aerial data collection which uses UA is inherently cheaper than operations which rely on manned aircraft, meaning that AUV will be able to provide the same services to the general public at a tremendous discount. This will create an economic benefit for the public , in addition to the safety benefit. Finally, the exemptions granted by this petition would allow AUV to operate as an aid to law enforcement agencies, search and rescue operations, and accident investigation efforts. AUV will provide timely

strategic and investigative information to these operations, which could help save lives and reduce property losses. Granting the specified exemptions will provide not only safety and economic benefit to the public, but also an increased effectiveness of pre

existing public services. **2. The Public Will Benefit From Decreased Congestion Of The NAS.** The sUAS in Appendix A serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized in many

commercial industries. By reducing the amount of manned aircraft needed, an exemption allowing the use of these aircraft would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. These aircraft do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting commercial operations would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **3. The Public Will Benefit From The Safety And Efficiency Of These Aircraft.**  Conducting commercial operations with the sUAS in Appendix A, instead of manned aircraft, will greatly benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional commercial aviation operations. All models use onlyAUV Proprietary & Competition Sensitive. File Securely. Page **16** of **29**

battery power and electric motors. These aircraft produce no air pollution, and are the most viable environmentally conscious alternative to cabin class, internal combustion aircraft that
are ty pically utilized in commercial operations. SUAS also reduce noise pollution, as the electric motors produce far less noise

. By using these aircraft to perform commercial aerial operations, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, these aircraft all weigh less than 55 pounds at their maximum gross weight, and therefore have less physical potential for collateral damage to life and property on the ground, and in the air, compared to ty pical manned aircraft. **4. There Are No Privacy Issues.** Similar to manned commercial operations that have been conducted for decades, AUV’s proposed operations will not implicate any privacy i ssues. Specifically, these aircraft will be operated only

in approved areas and in accordance with all Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 91.119. Most significantly, these aircraft will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly

involved in the operations. Privacy and safety of any

p ersons in the vicinity of operations are of great importance to AUV and AUV will comply with all local, state and federal laws applicable to the safety and privacy

of people in the vicinity of sUAS operations. Unless required to safely return the aircraft in an emergency situation, aircraft visual sensors will not focus on any thing but AUV’s assets, and if any images or video of
non-AUV assets is accidentally c aptured, the data will be immediately erased from the UAS camera, sensors, ground stations etc. at the local landing site. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Woul** **d Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which AUV Seeks Exemption.**  **1. Reasons Why The s** **UAS Meet The Conditions Of The FAA Modernization and**  **Reform Act of 2012 (FMRA) Section 333.**AUV Proprietary & Competition Sensitive. File Securely. Page **17** of **29**

Inconsideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and their operation, AUV’s operations of the sUAS (Appendix A) meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority f or a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security

. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) Which ty

pes of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely

in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.AUV Proprietary & Competition Sensitive. File Securely. Page **18** of **29**

In seeking this exemption, AUV submits that the included UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of these UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **2. Flight Operations Of The s** **UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  AUV will only

utilize instructor pilots who meet the following criteria:

 Possess a valid third class or better FAA airman medical certificate

 Possess and meet currency requirements for at least a sport pilot certificate

 Successful completion of AUV’s Multirotor Course AUV will only

utilize visual observers who have achieved a passing grade on the FAA Private Pilot written exam within the past 24 calendar months. Students must possess a valid third class or better FAA airman medical certificate before training begins. Training records, flight time totals, and applicable flight currency records will all be maintained by AUV. **3. Flights**  **Of The**  **s UAS**  **Will Be**  **Conducted Pursuant**  **To Specific**  **Operating Limitations.**  Inseeking this exemption, AUV proposes to commercially operate the specified UAS for the special purpose of conducting aerial data collection over areas of the United States, pursuant to the following specific operating limitations: 1) Operations authorized by the grant of exemption will be limited to the following aircraft listed in Appendix A, which are vertical takeoff and landing, unmanned aircraft weighing less than 55 pounds maximum gross weight

. Proposed operations of any other aircraft will require a new petition or a petition to amend the grant. 2) These UA may

not be flown at an indicated airspeed exceeding 100 miles per hour. 3) These UA must be operated at an altitude of no more than 400 feet above ground level (AGL). All altitudes reported to ATC must be in feet. 4) These UA must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by anyAUV Proprietary & Competition Sensitive. File Securely. Page **19** of **29**

device other than corrective lenses, as specified on the PIC’s FAA

-issued airman medical certificate. 5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy

the VLOS requirement, as long as the PIC always maintains VLOS capability

. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents. 6) The operating documents and the grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its
operating 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 upon request. The operator must also present updated
and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UA is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Stations must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records via internal digital logbooks

. 8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics (e.g. replacement of a flight critical component), must undergo aAUV Proprietary & Competition Sensitive. File Securely. Page **20** of **29**

functional test flight. The PIC who conducts the functional test flight must make an entry in the proper UA record of the flight on an internal digital logbook system

. 9) In addition to the pre- flight inspection section in the operating documents, the preflight inspection must also account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 10) The operator must follow the aircraft specific manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description of work accomplished, and the signature of the authorized maintenance personnel or PIC returning the UAS to service. 12) The operator’s authorized maintenance personnel or PIC must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections. 13) The operator’s authorized maintenance personnel, PIC, and VO must receive and document training referenced in the operating documents. 14) The UAS operated under the exemption must comply with all manufacturer System and Safety Bulletins. 15) The PIC must possess at least a FAA

-issued sport pilot certificate and a valid FAA

-issued third class airman medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 16) Prior to operating for hire, the PIC, and VO must have successfully completed AUV’s training syllabus as outlined in the operating documents. A record of training must be documented and made available upon request by the Administrator. Training, proficiency, and experience

-building flights for the purpose of training pilots and VOs to conduct flights authorized by the exemption are permitted under the terms of the exemption.AUV Proprietary & Competition Sensitive. File Securely. Page **21** of **29**

17) If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land, or be recovered in accordance with the operating documents. 18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver
or Authorization (COA) prior to conducting any operations under the grant of exemption. AUV’s operations will either be covered by a “blanket” COA for operations in areas under 200 feet AGL, or an operation

- specific COA as necessary. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. For operations in support of first responders, law enforcement, search and rescue, or accident investigations, AUV or its customers will obtain an emergency COA prior to flight. 20) The UA operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

-Number) markings in accordance with 14 C.F.R Part 45, Subpart C. 21) Before conducting flight operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 22) The documents required under 14 C.F.R §§ 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. 23) The UA must remain clear and yield the right of way to all other aircraft operations and activities at all times. 24) UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. 25) All operations must be conducted under visual meteorological conditions (VMC). 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 miles from the PIC.AUV Proprietary & Competition Sensitive. File Securely. Page **22** of **29**

26) During operations in the National Airspace System, the UA may not operate within the
areas listed below unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instr ument flight procedure, but not an operational tower; or

 2 NM from an airport without a published instrument flight procedure or an operational tower; or

 2 NM from a heliport with a published instrument flight procedure 27) The UA may

not be operated over congested or densely populated areas. These areas include, but are not limited, to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s responsibility

to maintain the minimum safe altitudes required by 1 4 C.F.R. § 91.119. 28) Operation of the UA must be conducted at least 500 feet from all persons, vessels, vehicles, and structures not directly involved in the operation. 29) Operations of the UA may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with the special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons, are permitted when operationally necessary; but never so close as to present an undue hazard, per 14 C.F.R. § 91.119(a). 30) Operations of the UA may b e conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessment of the risk from operations closer to these objects

.AUV Proprietary & Competition Sensitive. File Securely. Page **23** of **29**

31) All operations shall be conducted with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 32) 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 FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents meeting the requirements of 49 C.F.R. P art 830 must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. **4. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  AUV submits that an equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAS unless that PIC has demonstrated, through the proper UAS training and currency requirements, that the PIC is able to safely

operate the UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering AUV’s proposed area of operations and the operating limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the UAS, AUV submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for AUV’s specific proposed flight operations. Additionally, the FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138). As in Exemption No. 11109, AUV will not allow any P ICto operate the UAS unless that PIC has demonstrated through the UAS training and currency requirements that the PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive andAUV Proprietary & Competition Sensitive. File Securely. Page **24** of **29**

emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **5. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The level of safety established by S ection 91.7(a) will be maintained because prior to every flight, AUV will ensure that the UAS is in an airworthy condition and safe for flight based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a), specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138). **6. Re asons Why An Exemption From The Requirements Of Section 91.121 Would Not**  **Adversely Affect Safety.** The equivalent level of safety established by S ection 91.121 will be maintained because the UAS is equipped with a digitally encoded barometric altimeter and GPS triangulation equipment, with a zero altitude initiation point being established prior to each flight. As such, the PIC on the UAS is provided the altitude of the UA above ground level (AGL) via a heads

-up display

of the ground control station (GCS). The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138).
**7. Re asons Why An Exemption From The Requirements Of Section 91.151(b) Would**  **Not Adversely Affect Safety.** A grant of this exemption would ensure the equivalent level of safety established by 1 4 C.F.R. Section 91.151(b) because the operator will always have detailed information on the charge and state of the battery, and preset battery failsafe’s will prevent any loss of flight control due to power loss. Furthermore, previous exemptions granted by the FAA concerning Section 91.151(b) establish that safety i s not adversely affected when the technical characteristics and operating limitations of a UAS are considered.AUV Proprietary & Competition Sensitive. File Securely. Page **25** of **29**

Likewise, as set forth above, AUV has proposed specific operating limitations in this Petition that will maintain the equivalent level of safety established by S ection 91.151(b), including the following: (1) the UA will only be operated 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); (2) The UA will only be operated pursuant to visual flight rules (VFR) in visual meteorological conditions (VMC); and (3) the duration of each flight shall not exceed the maximum time or battery charge level recommended by the manufacturer for safe operations

. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety

i s not adversely

affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151, specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138). **8. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, AUV submits that an equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by S ections 91.405(a) , 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because AUV and the manufacturers of each aircraft, will use trained technicians to perform maintenance, alterations, or preventive maintenance on the unmanned aircraft system using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, AUV will document and maintain all maintenance records for each of the individual aircraft. Since each UAS will be inspected as prescribed by the manufacturer’s maintenance manual, AUV will maintain the equivalent level of safety established by S ections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The Aircraft Maintenance Manuals set forth ScheduledAUV Proprietary & Competition Sensitive. File Securely. Page **26** of **29**

Maintenance Inspection Procedures for each system and component. Inspection intervals for the aircraft include preflight and postflight inspections, as well as scheduled inspections every 25 hours, 50 hours, 75 hours, and 100 hours of operation. Likewise, the exemption sought will not adversely affect safety because AUV will perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the manufacturer’s maintenance manuals for each respective aircraft. Furthermore, the exemption sought would maintain an equivalent level of safety established by S ections 91.407, 91.417(a) and 91.417(b) because all maintenance of the aircraft will be performed by

manufacturer approved technicians, who will document and maintain maintenance records for the UAS. AMaintenance Action Form must be completed and saved in the maintenance logs for all maintenance that is performed on the UAS. The procedures for maintaining the maintenance logs for the UAS are fully set forth in the AUV Operations Manual, Appendix B

. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety i s not adversely affected when the technical characteristics and operating limitations of a UAS are considered. The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 1 1065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.**
Inaccordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, AUV requests that the FAA prescribe special conditions for the intended operation of each UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by

1 4 C.F.R. P art 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conductingAUV Proprietary & Competition Sensitive. File Securely. Page **27** of **29**

aerial data collection over areas of the United States. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority f or such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R

. § 21.16, for operation of each UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraf t, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for AUV’s intended operation of the sUAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 9 1.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The Federal Register** **, Stating: The Rules From Which AUV Seeks Exemption:** AUV Proprietary & Competition Sensitive. File Securely. Page **28** of **29**

AUV, LLC. seeks exemption from the requirements of 14 C.F .R. Sections 61.113(a) &( b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption AUV Seeks:** This exemption will permit AUV, LLC. to commercially operate Unmanned Aircraft Systems for the purpose of conducting aerial data collection over areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support AUV’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 20 12 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, AUV’s request for exemption may be granted pursuant to the authority

of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security, and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, AUV will operate the specified UAS safely in the NAS without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

**CONCLUSIO N**  As set forth herein, AUV seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the the listed sUAS (Appendix A) commercially, without an airworthiness certificate, for theAUV Proprietary & Competition Sensitive. File Securely. Page **29** of **29**

limited purpose of conducting aerial data collection within the stated operational guidelines. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing AUV to safely,efficiently, and economically operate these UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, AUV respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91. 407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit AUV to operate the specified UAS for the purpose of conducting aerial data collection over areas of the United States.

Dated: November 19 , 2015
Respectfully submitted, **AUV, LLC.**

MICHAEL INTSCHERT 6720 S Plumer Ave. Tucson, Arizona 85756 Tel: (281) 414

-0280