# Cooley

M . Anne Swanson 202. 776 .2534 aswanson @cooley.com

U.S . Department of Transportation Docket Management System 1200 New Jersey Ave ., SE Washington, DC 20590 November 23 , 2015

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 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, Manson Construction Co. and its wholly owned subsidiary Manson Gulf, LLC (collectively "Manson"), seek an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in Appendix A. 1 Manson seeks this exemption to allow its use of the following unmanned aerial vehicles: a) DJI Inspire I b) Turbo Ace Matrix c) Trimble UX5 d) Trimble ZX5 Manson will use the unmanned vehicles to conduct aerial data collection , including , but not limited to, real -time surveillance of its ongoing marine operations; detection and mitigation of safety hazards to its personnel, other people, and wildlife; and identification and observation of environmental threats . Manson will conduct these operations within and under the conditions outlined herein or as established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. 

### § 44701 (f) . The operating conditions and limitations set forth below are identical to those imposed on previous exemption applicants, including Third Eye Productions, lnc. 2 The only material difference in this request from that particular grant is a change in the aircraft that Manson proposes to use; however, the FAA has granted other petitioners' exemption requests for use of

1 See Pub. Law 112-95, 126 Stat. 11, 

### § 333 (2012). 2 See Third Eye Productions, Inc., FAA Exemption No. 13311, Regulatory Docket No. FAA2015-3037 (October 23, 2015).

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# Cooley U.S . Department of Transportation November 23 , 2015 Page Two the above listed unmanned vehicles in various commercial uses. 3 Because the unmanned vehicles specified in this request are the same crafts as the ones already approved in exemptions granted by the FAA, and Manson will operate the aircraft in strict compliance with the conditions in existing exemptions previously granted by the FAA, or as they may be amended, notice of this filing need not be provided in the Federal Register nor public comment solicited. As described more fully below, the requested exemption would authorize commercial operations using small unmanned aerial vehicles ("sUAS"), which, with a maximum take-off weight of less than 55 pounds are lightweight and small in size. The unmanned vehicles will be operated under controlled conditions at low altitude in airspace that is limited in scope ; they will have automated control features. The unmanned vehicles also will be operated by an individual possessing at least a recreational or sport pilot certificate and a U.S. state or commonwealth issued driver's license . Manson hereby requests a blanket Certificate of Waiver or Authorization ("COA") for flights up to 200 feet above ground level in the form previously approved by the FAA. Manson acknowledges that under current FAA guidance, a separate COA is required to fly at altitudes above 200 feet above ground level , and it will apply for such COAs when required. Manson will also file Notices to Airmen for its flights, as required . Manson respectfully submits that because these small , unmanned aerial vehicles will be used in lieu of comparatively hazardous operations that would otherwise be conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish requirements for the safe operation of such aircraft systems in the national airspace system ." The name and address of the applicant are: Manson Construction, Co. Attn: Kenneth D. Quinones, Survey Manager 5985 Richard Street, Suite 1 Jacksonville , Florida 32216 Ph: 904-821-0211 Email: KQuinones@mansonconstruction .com The regulations from which the exemption is requested are as follows: 14 C.F .R. 

### § 61 .23(a) & (c) ; 14 C.F.R. 

### § 61 . 101(e)(4) & (5) 14 C.F.R. 

### § 61 .113(a);

3 See, e.g., Mr. George Cole, FAA Exemption No. 12545, Regulatory Docket No. FAA-2015- 2337 (August 20, 2015) ; Trimble Navigation Limited, As Amended , FAA Exemption No. 111108, Regulatory Docket No. FAA-2014-0367 (July 23, 2015) . 1299 PE N NSYLVANIA AVEN UE. NW, SUITE 700. WASHINGTON, DC 20004-2400 T : (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

# Cooley

U.S. Department of Transportation November 23, 2015 Page Three 14 C.F.R. 

### § 61 .315(a) ; 14 C.F.R. 

### § 91 .7(a); 14 C.F.R. 

### § 91 . 119(c) ; 14 C.F.R. 

### § 91.121 14 C.F.R. 

### § 91.151 (a); 14 C.F.R. 

### § 91.405(a); 14 C.F .R. 

### § 91.407(a)(1 ); 14 C.F.R. 

### § 91.409(a)(2); 14 C.F.R. 

### § 91.417(a) & (b) Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, will provide an equivalent level of safety, and will be in the public interest. THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 Manson submits that grant of this exemption application for commercial use of the specified unmanned vehicles will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of unmanned aerial systems ("UASs") into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination , the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following : • The sUAS's size, weight, speed , and operational capability; • Operation of the sUAS in close proximity to airports and populated areas; and • Operation ofthe sUAS within visual line of sight ofthe operator. Reform Act 

### § 333(a)(1) . If the Secretary determines that such vehicles "may operate safely in the national airspace system , the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system ." 

### /d. § 333(c) (emphasis added). 4 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions . This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

### § 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and regulations requiring commercial pilots to operate aircraft in commercial service:

4 Applicant subm its that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification to allow approval, to supply conditions for the safe operation of the UAS. Manson welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification . 1299 PE NNSYL VANI A AVENUE, NW, SUITE700, WAS HINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

# Cooley

U. S. Department of Transportation November 23, 2015 Page Four The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702- 44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. 

### § 44701 (f) . See also 49 U.S.C. 

### § 44711(a) ; 49 U.S.C. 

### § 44704 ; 14 C.F.R. 

### § 91.203(a)(1 ). The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended ; the strong equivalent level of safety surrounding the proposed operations ; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to sUASs for aerial data collection and lack of any threat to national security. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.5 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein . These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to operations that would be conducted with conventional aircraft. These limitations and conditions, which are drawn from the exemption granted to Third Eye Productions, Exemption No. 13311 , and to which Manson (or "operator") agrees to be bound when conducting commercial operations, are as follows : 1 . Operations authorized by this grant of exemption are limited to the DJI Inspire I, Turbo Ace Matrix, Trimble UX5, and the Trimble ZX5 when weighing less than 55 pounds including payload . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 3. The UAS may not be operated at a speed exceeding 87 knots (1 00 miles per hour). The operator may use either groundspeed or calibrated airspeed to determine compliance with the speed restriction. In no case will the UAS be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer. 5 As noted above, in filing this application, Manson also is requesting that the FAA, as it has in recent decisions, combine the grant of the Section 333 exemption with a stand-alone COA that will allow commercial operation of the unmanned vehicles without the necessity of filing for a COA for each flight. Compliance with the conditions agreed to herein and those that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed from other aircraft. Notice to airmen and notice to air traffic control can be provided by the filing of a NOT AM as set forth within the proposed conditions .

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# Cooley U.S . Department of Transportation November 23, 2015 Page Five 4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL) . Altitude must be reported in feet AGL. 5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 6. All operations must utilize a visual observer (VO). The UAS must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times . Electronic messaging or texting is not permitted during flight operations. 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 duties required of the VO . 7. The exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in the grant of exemption are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations in the 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 or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption . If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption . The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

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# Cooley

U.S. Department of Transportation November 23, 2015 Page Six 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer's maintenance, overhaul , replacement, inspection , and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins . 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial , private , recreational or sport pilot certificate . The PIC must also hold a current FAA ai rman medical certificate or a valid U.S. driver's license issued by a state , the District of Columbia , Puerto Rico, a territory, a possession , or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR 

### § 61 .56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the abil ity to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons , vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR 

### § 61 .51 (b) . Flights for the purposes oftraining the operator's PICs and VOs (training , proficiency, and experience-build ing) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption . However, training operations may only be conducted during dedicated training sessions . During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91 . 119. 15. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1 . 1 . All operations must be conducted under visual meteorological conditions (VMC) . Flights under special visual flight rules (SVFR) are not authorized . 16.The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP , the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

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# Cooley

U .S. Department of Transportation November 23, 2015 Page Seven 17. The UAS 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 . 18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning 150 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure , so long as the UAS operation does not obscure the lighting of the structure . 19. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the private or controlled-access property. 20 . The PIC must abort the flight in the event of unpredicted obstacles or emergencies . 21 . The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 22 . Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA) . All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 23 . All aircraft operated in accordance with this exemption must be identified by serial number, reg istered in accordance with 14 CFR part 47 , and have identification (N-Number) markings in accordance with 14 CFR part 45 , Subpart C. Markings must be as large as practicable . 24 . Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR 

### §§ 91 .9 and 91 .203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 25 . The UAS must remain clear and give way to all manned aviation operations and activities at all times . 26. The UAS may not be operated by the PIC from any moving device or vehicle. 27 . All Flight operations must be conducted at least 500 feet from all nonparticipating persons , vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection . If a situation arises

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# Cooley

U.S. Department of Transportation November 23, 2015 Page Eight where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and, b. The owner/controller of any vessels , vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard . The PIC, VO , operator trainees or essential persons are not considered nonparticipating persons under this exemption . 28. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted . 29 .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 must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. ******** Privacy. All Manson UAS operations will be conducted in accordance with applicable federal , state , or local laws regarding privacy. National Security. No national security issue is raised by the grant of this exemption. Given the size, load carrying capacity, speed at which the unmanned aerial vehicles operate, and the fact that they carries no explosives or other dangerous materials , the UASs poses no th reat to national security. ******** In summary, Manson seeks an exemption from the FARs set forth in Appendix A to operate commercially a small UAS (55 lbs. or less) in aerial data operations, as described above . Approval of this exemption for commercial operations will enhance safety by reducing risk. Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures. Such manned operations present the risks associated with veh icles that weigh in excess of 6,000 lbs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the project location . In contrast, a small UAS, which weighs fewer than 55 pounds and is powered by batteries , eliminates virtually al l of that risk given the reduced mass and lack of combustible fuel carried on board. The small UAS is carried to the target area and not flown. The small

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# Cooley

U.S. Department of Transportation November 23, 2015 Page Nine UAS will carry no passengers or crew and , therefore , will not expose such individuals to the risks associated with manned aircraft flights . The operation of this small craft, weighing less than 55 pounds , conducted in the strict conditions outlined above , will provide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the operator. As a result, they are far safer than would be conventional operations conducted with manned aircraft flying in close proximity to the ground and people. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size , weight, speed , operating capabilities, proximity to airports and populated areas, and operation within visual line of sight, and national security - provides more than adequate justification for the grant of this requested exemption to allow commercial operation of applicant's UAS for the purposes outlined herein . The grant will be consistent with exemptions already granted . Very truly yours,



# l~c**~** M. Anne Sw on Counsel for Manson Construction Co. and Manson Gulf, LLC cc: Mr. Rick May Mr. Jake Troutman Mr. Dean Griffith , Esquire Mr. Dan Ngo Mr. Kenneth D. Quinones

1299 PEN NSYL VANIA AVENU E, NW, SU IT E 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMAPPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY DEMONSTRATION UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Manson requests an exemption from the following regulations as well as any additional regulations that may technically apply to its operation of the unmanned vehicles : 14 C.F.R. 

### § 61.23(a) and (c): Medical Certificates: Requirement and Duration Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section 61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third class medical certificate. Section 61 .23(c) permits the holder of a sport pilot certificate to act as PIC of a light-sport aircraft with either a medical certificate or U.S. issued driver's license. Lightsport ai rcraft may weigh up to 1,430 pounds and seat up to two persons , including the pilot. Comparatively, the unmanned vehicles will weigh fewer than 55 pounds , and they will not carry pilots, passengers , or cargo . The UAS will also be operated within visual line of sight of the PIC and below 400 feet above ground level and limited to operations with permission over private or controlled-access property. Given these safety parameters, Manson requests that the FAA waive Section 61 .23(a) upon a finding that an equivalent level of safety will be provided by allowing operation of the unmanned vehicles by pilots with a recreational or sport pilot certificate and a valid U.S . state issued driver's license , in lieu of an FAA-issued medical certificate. Manson also requests that the FAA grant relief from Section 61.23(c) to allow sport pilot certificate holders to operate aircraft other than light-sport aircraft with a valid U.S. issued driver's license. The FAA has granted exemptions to cond uct simi lar operations in a num ber of cases, including Exemption 11 213. 14 C.F.R. 

### § 61.101(e)(4) and (5), 61.113(a), and 61.315(a): Recreational Pilot Privileges and Limitations; Private Pilot Privileges and Limitations: Pilot in Command; What are the privileges and limits of my sport pilot certificate? Sections 61 . 101 (e)(4) and (5) and 61 . 113(a) limit recreational or private pilots to noncommercial operations . Unl ike a conventional aircraft that carries a pilot, passengers , and cargo, the unmanned vehicles in this case are remotely controlled with no passengers or property of others on board. Section 61 .315(a) addresses the privileges and limitations of the holder of a sport pilot certificate. Manson respectfully proposes that operator requirements should take into account the characteristics of the particular UAS. The unmanned vehicles have a high degree of preprogrammed control and various built-in navigation and other technical capabilities that strictly limit the potential for operation outside of the operating conditions set forth in the exemption appl ication . Flights are pre-programmed with precision GPS guidance and do not require human intervention .Given these safety features, operators of the unmanned vehicles should not be required to hold a commercial pilot certification. Instead, operators should be required to hold only a recreational or sport pilot certificate. The risks associated with the operation of the unmanned vehicles (given their size, speed , operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations of the UASs as set forth above meets or exceeds the present level of safety provided under the regulations cited above and does not rise to the level of requiring a commercial pilot to operate the aircraft. Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the unmanned vehicles with a recreational or sports pilot certificate, under the conditions set forth in the exemption request. The FAA has granted exemptions to conduct similar operations in a number of cases, including Exemption 11213. 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthiness. This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the unmanned vehicles without an airworthiness certificate, no standard will exist for airworthiness of the unmanned vehicles . Given the size of the aircraft and the requirements to which the operator has agreed relating to airworthiness, an equivalent level of safety will be achieved. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 11138, and 11213. 14 C.F.R. 

### § 91.119(c): Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure . As set forth herein , the unmanned vehicles will never operate at higher than 400 feet AGL. They will, however, be operated to avoid congested or populated areas. Because aerial data collection must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the unmanned vehicles are built. Also, no flight will be taken without the permission of the landowner or those who control the land as well as the permission of local officials, if required. Because of advance notice to the landowner, all affected individuals will be aware of the flights . Compared to operations conducted with aircraft or rotorcraft weighing far more than 55 pounds and carrying flammable fuel, any risk associated with these operations will be far less than the risks currently posed by conventional aircraft operating at or below 500 feet AGL. Indeed , the low-altitude operations of the UAS will maintain separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTO N, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMThe FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067,11080,11110,11136,11138,11150,11153, and 11213. 14 C.F.R. 

### § 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set ". ..to the elevation of the departure airport or an appropriate altimeter setting available before departure." As at least one sUAS model specified herein will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the operator by confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The batteries powering the unmanned aircrafts provide less than 30 minutes of powered flight. Without an exemption from§ 14 C.F.R. 91.151, the UAS's flights would not be possible. Given the limitations on their proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable . Manson believes that an exemption from 14 C.F.R. § 91 . 151(a) is safe and within the scope of prior exemptions . See Exemption 11213. Operating small UAS without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151 (a) was meant to prevent given the size and speed at which the UAS operate . The fact that they carry no pilot, passenger, or cargo also enhances their safety. In the unlikely event that the unmanned vehicles achieve a low battery state, they would simply return to home and land. Given their weight and construction material, the risks are less than contemplated by the current regulation. Manson believes that an equivalent level of safety can be achieved by maintaining five minutes of reserve fuel , which would be more than adequate to return the UAS to their planned landing zone from anywhere in their operating area. Similar exemptions have been granted to other operators, including Exemptions 11062 through 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, and 11213. 14 C.F.R. 

### § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section , have discrepancies repaired as prescribed in part 43 of this chapter .. . ." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness

1299 PE NNSYLVANIA AVEN UE. NW, SUITE 700, WASH INGT O N, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW. COOLEY. CO Mcertificate . Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics , under Part 43, or licensed pilots and records of approval of the aircraft for return to service . Maintenance of the unmanned vehicles will be accomplished by the owner/operator. An equivalent level of safety will be achieved because the UAS are small in size, will carry a small payload, will operate only in restricted predetermined areas, and are not a complex mechanical device . The operator will ensure that the UAS are in working order prior to initiating flight, perform required maintenance , and keep a log of any maintenance that is performed ; moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 11112, 11136, 11138, and 11213.

1299 PENNSYL VAN IA AVENUE, NW, SUITE 700, WAS HI NGTON . DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM