Airfoil Enterprises

C/O James P Keane, President

165 W Islip Rd

West Islip, NY

11795

U.S. Department of T ransportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Filed with www.regulations.gov

Re: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act"),

P.L. 112

- 95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11,

Airfoil Ente r prises providing aerial services including but not limited to photography, imaging

for Precision Agriculture applications, Digital Terrain Modeling, Infrastructure reconnaiss ance

and inventory with GIS applications for Private, Loc al, State and Federal entities, fish spotting,

as well as Search and Rescue operations

, seeks an exemption from the Federal Aviation

Regulations ("FARs") and listed below:

14 C.F.R. Part 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R. 61.23

14 C.F.R. 61.3

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9

14 C.F.R. 91.109(a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203

14 CFR Subpart E (91.401

- 91.417)Summarized for purposes of Federal Regist er publication:

Applicant seeks an exemption from the following rules:

. 14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.23, 14 C.F.R. 61.3, 14 C.F.R.

, 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 14

C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151(a), 14 C.F.R. 91.203, 14 CFR Subpart E

(91.401

- 91.417)

to operate commercially a small unmanned vehicle (55lbs or less) augmenting its land surveying

operations.

Contact information for the Applicant is:

James P Keane

Pres ident, Airfoil Enterprises, Inc.

Mailing Address:

Physical Address:

165 W Islip Rd

West Islip, NY 11795

Phone: 631

- 704

- 4596

Email: jamespkeane@gmail.com

The requested exemption would authorize Airfoil En terprises to perform commercial

operations that would enhance its existing aerial services, including but not limited to

photography, imaging for Precision Agriculture applications, Digital Terrain Modeling,

Infrastructure reconnaiss ance and inventory with GIS applications for Private, Loc al, State and

Federal entities, fish spotting, as well as Search and Rescue operations

These services will be augmented by use of either or all of the f ollowing:

DJI Inspire 1, DJI Phantom Vision 2+, and other quad electric mo tor UAV manufactured by DJI

Inc and custom manufactured by the e ngineering resources of Airfoil Enterprises

The requested exemption would authorize commercial operations using these UAVs for the

intended uses described above

. These operations will be subject to strict operating and

conditions de fined by the UAV manufacturer's standards and procedures in order to ensure at

least an equivalent level of safety to currently authorized operations using manned aircrafts.Upon receipt of the exemption contemplated herein, Airfoil Enterprises shall, if required, ob tain

a Certificate of Waiver or Authorization (COA) form the FAA Air Traffic Organization prior to

conducting operation(s) in the NAS.

Further, the professional services to be augmented by the uses contemplated herein are, by

law, performed under th e supervision of an active FAA Private Pilot , by virtue of his or her

experience and licensing, technical knowledge of GPS, plane geometry, trigonometry and

spherical geometry along with a full understanding of the rights of all owners of property both

above and below its limits, i nherently and uniquely make Airfoil Enterprises a particularly well

suited entity for the safe and effi cient commercial use of UAVs. I n fact, certain aspects of the

contemplated services using UAVs are regulated by State Law and Regulation

.

By this petition, Airfoil Enterpr ises seeks an exemption that will authorize it to use of UAS for

commercial pu rposes provided its operators comply with any terms and conditions of

the FAAs anticipated grant of exemption, including the procedures and requirements set forth

in the respective manufacturer's user manuals. Airfoil Ente r prises requests the FAA treat the

UAV user manual s as proprietary under 14 C.F.R. 11.35(b) and not include such documents in

the public docket. These manuals are, by reference, incorporated herein and are part of existing

Petitions for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation

Regulations, identified as follows:

• Docket ID:FAA

- 2014

- 0727

• Petition of: Airfoil Enterprises for an exemption from portions of 14 C.F.R. Part 21;

• Document Type: Other

• Document Subtype: Petition(s)

• Status: Posted

• Received Date: J uly 8th , 2015

Un der the requested exemption, Airfoil Ente r prises as operator of the UAS will ensure that the

aircraft will be operated by an indiv idual who has completed the UAS manufacturer's training

p rogram for operation of the UAS.

1. CHARACTERISTICS OF THE AIRCRAFT

The UAS is a small and ultra

- light platform that perform precision aerial mapping

and photography missions using onboard GPS and related proprietary flight management

software that allows the operator to plan s afely and efficiently a mission in 3D, and then

monitor it in real time. A camera attached via a vibration dampening gimbal takes a collection

of high

- definition still images that are used late r to generate photographs, m aps, etc of the

su rveyed area.

The four main characteristics of the UAV are:a. Very light weight

The low kinetic energy significantly reduces the risk of hazardous situations. U AV i s

equipped with an optical flow sensor that accurately and reliably senses the crafts proximity to

the ground and objects on the ground, like persons, and will maintain hover to avoid potential

collisions.

b. Electric

- powered

The UAV is electric

- powered. 4

- 8 brushless engine s technology makes quiet and reliable. The

propellers easily flex away in case of contact with any object.

c. Semi

- automatic flight

The artificial intelligence incorporated within the UAVs’ autopilot system continuously analyzes

data from the Inertial Measurement Unit and from the onboard GPS and takes ca re of all the

aspects of the flight under the supervision of the operator.

d. Option for Manual control

Additionally, the UAVs provide an override capability that allows the operator to take manually

initiate autonomous actions during the flight such as "return home", "land" or, "hold and

resume the mission". The operator can also suspend automated operations and take manual

control of the aircraft should it become necessary to respond emergency ci rcumstances, thanks

to the remote controller provided with the system.

2. APPLICATIONS AND ADDED VALUE OF THE UAV

Mapping applications may include agricultural applications, mining, construction and survey/

GIS operations. There are many operational b enefits related to the use of this solution:

a. The UAV bring safety to daily survey operations: there is no need for the humans to

access dangerous working areas anymore (mines, quarries, or polluted sites). The missions can

be programmed and reproduc ed reliably as often as needed for regularly updated maps.

b. The UAV is a cost

- effective solution. It is cheaper to operate a UAS rather than an

aircraft or other ground systems for the sam e results. Moreover, small UAS

can help Ag businesses and farmers face the growing needs of the population while reducing

operational costs and environmental impact of launching full scale aircraft into the the air to

perform the same work while consuming dozens of gallons of fuel per hour and releasing excess

green house gasses into our atmosphere. This UAV will also enable offer the abi lity to take upnew challenges like water or environmental management through analysis of vegetation index

maps.

c. Users can save time and work more efficiently by using a UAV. A mission does not need a

long preparation time or long deployment constraints, or long waiting time for perfect weather

conditions unlike, for example, the use of satellites. Initial results are accessible directly on

- site,

which is impossible with images provided by satellites or manned aircrafts.

d. Lastly, but possibly most importantly, is the efficiency aspects of these systems in the

development, produ ction and maintenance of the infrastructure related to the national energy

issues that are being played out in the extraction of tight oil reserves in various parts of the

United States.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness as sessment

The UAVs have demonstrated its respective airworthiness through many and varied national

international projects, involving state/federal agencies or universities (among others the New

Mexico State University: https://newscenter.nmsu.edu/A rticles/viewII 0208/nmsu

- uas

flighttest c enter

- conducts

- dji

- airworthiness

- assessment, and the US Army Corps of Engineers

("USACE")

New Orleans, who coordinated with the Department of Army and the FAA to obtain all

authorizations required in order to operate the Inspire 1 UAS). Moreover, DJI has obtained

flight approvals for the DJI Inspire 1 from the national civil aviation authority in many countries,

including:

Switzerland (flight approval for Visual Line of Sight "VLOS" operations)

Canada (flight approval for VLOS operations)

Australia (flight approval for VLOS operations)

France (flight approval for Extended

- VLOS operations)

Germany (flight approval for VLOS operations)

United Kingdom (flight approval for VLOS operations)

Norway (flight approval for VLOS operations)

Sweden (flight approval for VLOS operations)

Denmark (flight approval for VLOS operations)

b. Operating Conditions

Grant of the exemption to Airfoil Ente r prises will be subject to the follo wing operating

conditio ns, The operator proposed the following conditions and/or limit ations, which were

accepted by theFAA.21. The UAV will weigh less than 55 lbs. Operations will be limited to the DJI Inspire.

Proposed operations of any other aircraft will require an amendment to the grant of

exemption contemplated herein.

2. Flights will be operated within visual line of sight (VLOS) of a Pilot in Command (PIC)

and/or Visual Observer (VO ).

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. The UAS will only operate within a confined, preprogrammed survey area.

6. A briefing will be conducted in regard to the planned UAS operations prior to each day's

flight mission. It will be mandatory that all personnel who will be performing du ties within

t he boundaries of the safety perimeter be present for this briefing.

7. Pilot and observer will have been trained in operation of UAS generally and received up

to

- date information on the particular UAS to be operated as required in the respective the

Manuals. The operator's manual will be maintained and made available to the

Administrator upon request. If a discrepancy exists between the conditions and limita tions

of an exemption and the procedures outlined in the operator's manual, the conditions and

limitations herein take precedence and must be followed. Otherwise, the operator must

follow the procedures as outlined in its operator’s manual. The operator may update or revise

its operator's manual. 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 pe titions for

extension or amendment. If the operator determines that any update or revision would

affect the basis for which the FAA granted this exemption, then the operator must petition for

amendment to their exemption. The FAA's UAS Integration Offic e (AFS

- 80)

may be contacted if questions arise regarding updates or revisions to the operator's manual.

8. PIC and VO will at all times be able to communicate by voice and/or text.

9. Written and/or oral permission from the relevant property holders will be obtained.

10. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appro priate

governmental agencies.

11. If the UAS looses communications or looses its GPS signal, the UAS will have capability toreturn to a pre

- determined location within the Survey Area and land.

12. The UAS will have the capability to abort a flight in c ase of unpredicted obstacles or

emergencies.

13. 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

aircraft is pr ohibited 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 Station, if

utilized, must be included in the preflight inspection. All maintenance and alterations must

be properly documented in the aircraft records.

14. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight in accordance with the operator's manual. The PIC who conducts the

functional test flight must make an entry in the UAS aircraft records of the flight. The

requirements and procedures for a functional test flight and aircraft rec ord entry must be

added to the operator's manual.

15. The operator must follow the manufacturer's UAS aircraft/component,maintenance,

overhaul; replacement, inspection, and life limit requirements. When unavailable, aircraft

maintenance/component/ov erhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a minimum, the

following must be included in the operator's manual:

a. Actuators I Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and Ground control statio n

j. Any other components as determined by the operator

16. If planned ope rations occur within 2 miles of Commercial Services Airport as defined by

the FAA, the operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations. This COA will

also req uire 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.

17. All aircraft operated in accordance with this exemption must be identified by serial

number, registered i n accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be aslarge as practicable.

18. The operator must develop procedures to document and maintain a record of the UAS

maintenance, preventative maintenance, alterations, status of replacement/overhaul

component parts, and the total time in service of the UAS. The preflight inspection must

account for all discrepancies, i.e. inoperable components, items, or equipment, not

covered in the relevant preflight inspection sections of the operator's manual.

19. Each UAS operated under this exemption must comply with all manufacturer Safe ty

Bulletins.

20. Before conducting 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.

21. The UA must remain clear and yield the right of way to all other manned operations and

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

activities, parasailing activities, hang gliders, etc.).

22. 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.

23. The UAS cannot be operated by the PIC from any moving device or vehicle.

24. 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.

25. The UA may not operate i n Class B, C, or D airspace without written approval from the

FAA. The UA may not operate within 5 nautical miles of the geographic center of a non

towered airport as denoted on a current FAA

- published aeronautical chart unless a letter

of agreement with that airport's management is obtained, 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.

26. A ny 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the Federal Aviation Administration's (FAA) 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. Further flight

ope rations may not be conducted until the incident, accident, or transgression is reviewed

by AFS

- 80 and authorization to resume operations is provided.

With this petition intended that DIT will be able to provide safe, reliable and accurate landsurveyi ng services and information to its clients with the use of the latest innovative technology

associated with remotely piloted aircraft.

Your attention to this matter is appreciated.

Respectfully submitted,

J a mes P Keane

ANNEXA

EXEMPTION REQUES T AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Airfoil Enterprises requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the DJI Inspire ("UAV):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airw orthiness. Part 21, Subpart

H, entit led Airworthiness Certificates, establishes the procedural re quirements for the issuance

of airworthiness certificates as required by FAR§ 91.203(a). Given th e size of the Uavs, their

ver y light weight and the limited operating area associated with its utiliz ation, it is unnecessary

to go through the certificate of airworthiness process under Part 21 Su bpart H in order to

achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate,

upon consideration of the size, weight, speed, operational c apability , and proximity to airports

and populated areas of the UAS involved. An analysis of these diffe rent criteria demonstrates

that the UAvs operated without an airworthiness certificate, under the conditions proposed in

that exemption, will be at least as safe, or safer, than a conventional aircraft with an

airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration

n umber in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. Given the size of the UAVs, this requirement is impossible to match.

14. CFR §61.23: Medical certificates: Requirement and durationRegulations provide that a person:

(1) Must hold a first

- class medical certificate:

• When exercising the pilot

- in

- command privileges of an airline transport pilot certificate;

• When exercising the second

- in

- command privileges of an airline transport pilot certificate in

a flag or supplemental operation in part 121 of this chapter that requires three or more pilots;

or

• When serving as a require d pilot flight crewmember in an operation conducted under part

121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAVs , their structure, the limited flight area, and the safety features

integrated in the autopilot (among others a flight termination system), DIT believes that an

Equivalent Level of Safety can be reached if the operator has a valid driver's license.

14 C.F.R. §61.3:Requirements for certificates,ratings and authorizations

14 C.F.R.§61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations;Pilot in

Command; CommercialPilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a

civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that

person's physical possession or readily access ible in the aircraft wh en exercising the privileges

of that pilot certificate or authorization. However, when the aircraft is operated within a foreign

country, a pilot license issued by that country may be used. The regulation provides also that no

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

compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment;

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

Given the safety features of the UAVs and the fact that the missions are pre

- programmed and

monitored in real

- time with a specific flight management software, DIT proposes that operators

of the UAVs should not be required to hold a commercial or private pilot certification. Instead,

operators should be required to:

• Have completed the UAV manufacturers train ing program for operation of the UAS. The

manufacturer's training program for eBee operators has been already satisfactorily reviewed

through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release

(AWR). The equivalent level of safety will be achieved by having an operator trained UAVsmanufacturer, and using the integrated features of the aircraft to maintain a high level of safety

during the different missions.

14 C.F.R. §91.7(a): Civil aircr aft airworthiness

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of th e Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than

a conventional aircraft (fixed w ing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

14 C.F.R. §91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in

In close proximity to the operator.

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as

required by §45.29 (f) where t he pilot, observer and others working with the sUAV will see the

identification of the UAS as "Experimental." The FAA has issued th e following exemptions to

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 91.109(a): Fligh t Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

The equivalent level of safety during the in

- flight training will be a chieved by the manufacturer

or affiliate providing the training as described in the manufacturer' s training program and

through the use of experienced and qualified instructors familiar with the UAVs

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests

authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area

with security perimeter, where buildings and people will not be exposed to operations without

their pre

- obtained consent

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

as the location where it is operated. No flight will be taken without the permission of t he

property owner or local officials.Compared to flight operations with aircraft weighing far more than those proposed herein and

the lack of flammable fuel, any risk associated with these ope rations is far less than those

presently presented with conventional aircraft.

14 CFR 91.121: Altimeter settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set"...to the elevation of the depar ture airport or an

a ppropriate altimeter setting available before departure." As the UAV may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption is requested.

An equivalent level of safety will be achieved by the operator confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

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

The regulation provides tha t no person may begin a flight in an airplane under day

- VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. As the UAVs are electric

- powered, this requirement is inappl icable.

In any event, given the contemplated operations, DIT believes that an equivalent level of

safety is already achieved with the specific procedure preventing the UAVs accepting a take

- off

order is the battery level is below a given value. Moreover , the manufacturers have integrated

low and critical battery level warnings and implemented a "return to home" action in these

situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides a s follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the UAV will have immediate access t o them, to the extent

they are applicable to such UAV. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 CFR Subpart E (91.401

- 91.417): Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the airc raft in

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and91.409 require the aircraft to be "approved for return to service by a person authorized under

43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the

issuance of an airworthiness certificate. Section 91A17 requires the owner or operator to keep

records showing certain maintenance work that has been accomplis hed by certificated

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to

service.

DIT proposes that the maintenance of the UAVs will be accomplished by the owner or the

operator according to the manufact urers user manual

Given that these section and Part 43 apply only to aircraft with an a irworthiness certificate,

these sections will not apply to the applicant Maintenance will be accompl ished by the

operator pursuant to the flight manual and operating handbook as referenced herein. An

equivalent level of safety will be achieved because these small UAVs are very limited in size and

will carry a small payload and operate only in restricted areas for limited periods of time. If

mechanical issues arise t he UAV can land immediately and will be operating from no higher

than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating

flight, pe rform required maintenance, and keep a log of any maintenance performed.

Moreover, the operator i s the person mos t familiar with the aircraft and best suited to maintain

the aircraft in an airworthy condition to provide the

equivalent level of safety.