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MARK A. DOMBROFF
703.336.8700 EMAIL ADDRESS mdombroff@mckennalong.com

August 08, 2014

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

Attn:

R e : P e t i t i o n o f U t i l i t y A e r i a l S e r v i c e s

, I n c

. f o r E x e m p t i o n P u r s u a n t t o S e c t i o n 3 3 3 o f t h e F A A R e f o r m A c t

Gentlemen :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Utility Aerial Services , Inc. ("Petitioner")

, a utility aerial service company that performs utility

- power generation inspections and patrols, hereby applies for an exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial operation of small unmanned aerial vehicles ( i

. e

. , small unmanned aircraft systems or "sUAS")

.

This exemption is in accordance with protocols outlined in this petition for exemption

, the enclosed Utility Aerial Services Utility

- Power Generation Inspection and Patrol Operations
Manual 1 ("Manual")

, the UAS manufacturer's operations and/or instructions manual ("Aircraft Operations Manual"), and any other requirements established by the FAA pursuant to Section
333 of the Reform Act.

1 Petitioner submits this Manual as a Confidential document under 14 C.F.R. § 11.35(b), as the
entire Manual contains confidential commercial and proprietary information that the Petitioner has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of information Act 5 U.S.C. § 552 e t

. s

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.August 08, 2014 Page 2

For your convenience, this petition is organized as follows:

I

. Petitioner's Description

I I

. Relevant Statutory Authority

I I I

. Qualification for Approval Under Section 333 of the Reform Act

I V

. Description of Proposed Operations

V

. Regulations From Which Exemption is Requested

A

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

2 Airworthiness Certificates & 14 C.F.R. § 91.203(a)(1).

B

. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

C

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

D

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

E

. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

F

. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

G

. 14 C.F.R. § 91.103: Preflight Action.

H

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

I

. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

J

. 14 C.F.R. § 91.121 Altimeter Settings.

K

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

L

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

M

. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Insp ections.

V I

. Public Interest

V I I

. Privacy

V I I I

. Federal Register Summary

I X

. ConclusionAugust 08, 2014 Page 3

I

. P e t i t i o n e r ' s D e s c r i p t i o n

Petitioner is affiliated with BlueSky Helicopters, Inc. ("BlueSky Helicopters"), a helicopter service provider based in Redlands, California. BlueSky Helicopters is a certificated Part 135 air carrier, Part 133 external load operator, and Part 137 agricul tural operator, which provides, among other services, inspection and patrol services for utility

- power generation companies. 2

In building upon years of operational experience and expertise of BlueS ky Helicopters in performing utility

- power generation inspections and patrol s using manned rotorcraft, Petitioner is well qualified to perform the proposed sUAS operations. Petitioner intends to use BlueSky Helicopter personnel that have more than 15 year s of experience flying conventional rotorcraft and performing the same utility

- power generation inspections and patrols proposed herein.

Consistent with the requirements of 14 C.F.R. § 11.81 (a) , Petitioner provides the following information in support of its petition for exemption:

The name and address of the Petitioner is:

Utility Aerial Services, Inc.

Attn: William R. Alex 23000 Sussex Hwy. #226 Seaford, DE 19973.
Phone: 1

- 855

- 973

- 6476
Email: wralex@blueskyhelo.com

Fax: 909

- 794

- 0999

I I

. R e l e v a n t S t a t u t o r y A u t h o r i t y

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA Administrator") to consider whether certain unmanned aircraft systems may operate safely in the National Airspace System ( " NAS " ) before completion of the rulemaking required under Section
332 of the Reform Act. 3

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:

2 Such utility

- power generation companies are hereinafter referred to as "Utility Customers."

3 Reform Act § 333(a).August 08, 2014 Page 4

x The UAS's size, weight, speed, and operational capability;

x Operation of the UAS in close proximity to airports and populated areas; and

x Operation of the UAS within visual line of sight of the operator. 4

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 " (E mphasis added). 5

In addition, the FAA Administrator has general authority t o grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. S e

e 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirement of regulations prescribed pursuant to section 44701(a)

± (b) and
sections 44702

± 44716). A party requesting an exemption must explain the reasons why the exemption : ( 1 ) would benefit the public as a whole, and ; ( 2 ) would not adversely affect safe ty (or how it would provide a level of safety at least equal to the existing rules). S e

e 14 C.F.R. § 11.81; FAA, P e

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I I I

. Q u a l i f i c a t i o n f o r A p p r o v a l U n d e r S e c t i o n 3 3 3 o f t h e R e f o r m A c t

The proposed operations in this petition for exe mption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criterial and other potentially
relevant factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS
under controlled conditions in airspace that is : (1) limited ; ( 2) predetermined ; (3) controlled as to

access, and ; ( 4) would provide an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose

.

Petitioner's sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions, at a speed of no more than 27 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously.

Petitioner 's s UASs will operate in line

- of

- sight and will operate only within a sterile area
described in the enclosed Manual. 6 Such operations will insure that the sUAS will "not create a hazard to users of the National Airspace System or the public." 7

4 I d

. at § 333(b)(1).

5 I d

. § 333(c)

.

6 S e

e Manual Section 7.August 08, 2014 Page 5

Given the small size of the sUASs involved and the restricted sterile environment within which they will operate, this petition for exemption falls squarely within that zone of safety i

. e

. , an equivalent level of safety

, in which Congress envisioned that the FAA must, by exemption

, allow commercial operations of UASs to commence immediately. Also

, due to the size of the

UASs and the restricted areas in which the sUASs will operate, approval of the application presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained
in the F ederal Aviation Act, as amended, the equivalent level of safety sur rounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts , including reduced emissions associated with allowing UASs for the proposed operations, the grant of the requested exemption s is also in the public interest.

Accor dingly

, Petitioner respectfully requests that the FAA grant the requested exemption without delay.

I V

. D e s c r i p t i o n o f P r o p o s e d O p e r a t i o n s

The enclosed Manual describes , in detail, the policies and procedures for Petitioner's proposed sUAS operations

. To assist the FAA in its safety assessment of Petitioner's proposed

sUAS operations, below is a summary of operational limitations and conditions which will ensure an equivalent or higher level of safety to oper ations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line

- of

- sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 25 minutes. Flights wil l be terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet above ground level ("AGL").

5. Minimum crew for each operation will consist of the sUAS Pilot and an Observer.

6. The sUAS pilot will be an FAA licensed airman with a private and/or commercial pilot's
certificate with rotorcraft rating, and third class medical.

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7. The sUAS p ilot will be Pilot in Command (PIC). If a pilot certificate holder other than
the sUAS Pilot is present and possesses the necessary PIC qualifications, that person can also be designated as PIC.

8. The UAS will only operate within a confined "Sterile Area" as defined in the Manual. 8

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

10. Pilot and O bserver will have been trained in operation of UAS generally and will have received up

- to

- date information on th e particular UAS to be operated

, as required in the
Manual.

11. Observer and P ilot will at all times be able to c ommunicate by voice and/or text.

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

13. All required permissions and p ermits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

14. If the sUAS loses communications or loses its GPS signal, the s UAS is equipped with advanced safety features that will allow the sUAS to automatically return to a pre

determined location.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

V

. R e g u l a t i o n s F r o m W h i c h E x e m p t i o n i s R e q u e s t e d

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. By its terms, this statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from its safety regulations and minimum standards when the Administrator decides a requested exem ption is in the public interest

. 9

8 S e

e Manual Section 7.

9 S e

e 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirements of regulations prescribed pursuant to section 44701(a)

2 (b) and sections 44702

- 44716).August 08, 2014 Page 7

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting aeri al surveys and inspections using sUAS. Listed below are: (1) the specific sections of 14 C.F.R. for which exemption is sought; and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety equal to or better than the rules from which exemption is sought

. 10

A

. 1 4 C

. F

. R

. P a r t 2 1

, S u b p a r t H

2 A i r w o r t h i n e s s C e r t i f i c a t e s & 1 4 C

. F

. R

. §
9 1

. 2 0 3 ( a ) ( 1 )

.

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H

, which establishes the procedural requir ements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a) (1)

. Given the size and limited operating area associated with the sUAS to be
utilized by the Petitioner , 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)) a n

d Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificat e, upon consideration of the s ize, 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 s UAS op erated without an
airworthiness certif icate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate
without the restrictions and conditions of the proposed sUAS operations

.

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The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively
within a secured area as set out in t he Manual. 11 Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pursuant to the Manual's requirements. Moreover, the FAA will have advance notice of all operations conducted under this exemption.

10 S e

e 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

"The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption."

11 S e

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The sUAS to be operated hereunder weighs less than 55 lbs. fully loaded, carries neither a pilot nor passen ger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. 13 Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pursuant to the Manual's re quirements.

These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations , provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demons trates that there is no credible threat to national security posed by the s UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry
a substantial external load.

B

. 1 4 C

. F

. R

. P a r t 2 7 : A i r w o r t h i n e s s S t a n d a r d s : N o r m a l C a t e g o r y R o t o r c r a f t

.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category roto r craft. To the extent the Petitioner' s s UASs would otherwise require
certific ation under Part 27, as a roto r craft, Petitioner UHTXHVWVDQH[HPSWLRQIURP3DUW¶V
airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C

. A i r c r a f t M a r k i n g a n d I d e n t i f i c a t i o n R e q u i r e m e n t s : 1 4 C

. F

. R

. § § 9 1

. 9 ( c )

, 4 5

. 2 3 ( b ) a n d 4 5

. 2 7 ( a )

.

This petition seeks an exemption from the aircraft marking and identification requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a)

.

14 C.F.R. § 91.9(c)

, Civil aircraft flight manual, ma rking, and placard requirements, provides that:

No person may operate a U.S.

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

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

When marks includ e only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display
on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters

13 S e

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not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a) , Rotorcraft, states:

Each operat or of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23( b) is warranted because the sUAV has no entrance to the cabin, cockpit, or pilot sta tion on which the word "Experimental" can be placed. Moreover, g iven the size of the sUAV, two

- inch lettering would be impossible. The word "Experimental" will be placed on the fus elage in compliance with § 45.29 (f).

Given the nature of the specific reli ef sought by this exemption request, Petitioner requires relief from the associated marking and identification requirements of § 45.27(a) and § 91.9(c) , which would require compliance with § 45.23(b)

.

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An equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a)

, will be provided by having the sUAV marked
on its fuselage as required by §45.29 (f) where the pilot, observer

, and othe rs working with the
sUAV will see the identificat ion of the UAS as "Experimental. " Additionally, Petitioner will ensure compliance with any requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requireme nts of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

D

. 1 4 C

. F

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. § 6 1

. 1 1 3 ( a ) & ( b ) : P r i v a t e P i l o t P r i v i l e g e s a n d L i m i t a t i o n s : P i l o t i n C o m m a n d

.

This petition seeks an exemption from the private pilot privileges and limitations of §

61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an
aircraft that is c arrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command
of an aircraft in connection with an y business or employment if:August 08, 2014 Page 10

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

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

Section 61.113(a) limits private pilots to being in command of non

- commer cial flights. Section 61.113(b)(1) provides an exception that allows a private pilot to command an aircraft without passengers or property, in connection with business or employment if "[t]the flight is only incidental to that business or employment." Th at exception likely does not apply to the proposed operations under this petition for exemption, as the flights are not incidental to the proposed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the flight be incidental to the business to benefit from the exception.

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As required by the Manual, Petitioner's sUAS operators acting as PIC will hold a commercial and/or private pilot certification and have a rotorcraft rating . Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the e quivalent level of safety to § 61.113 (a) and (b), by requiring the PIC operating the sUAS to have either a commercial and/or private pilot certification with rotorcraft rating

.

Unlike a conventional aircraft that carries the pilot and passengers, the s UAS is remotely controlled with no living thing on board. Moreover, the area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual.

The level of safety provided by the requirements inc luded in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft in accordance with § 61.113 (a) & (b). The risks associated with the operation of small, lightweight UAS are diminis hed from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing the proposed operations in this petition for exemption with a private pilot as the PIC exceeds the present level of safety achieved by §

61 .113 (a) & (b).

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. F

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. § 9 1

. 9 ( b ) ( 2 ) : C i v i l A i r c r a f t F l i g h t M a n u a l i n t h e A i r c r a f t

.

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

(b) No person may operate a U.S.

- registered civil aircr aft

2

. . .August 08, 201 4 Page 11

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Given its size

, configuration , and load capacity, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an ite m on the aircraft.

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The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the pilot flying the sUAS
will have immediate access to it. Accordingly

, Petitioner requests an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation.

The FAA has issued the following exemptions to this r egulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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. 7 ( a ) : C i v i l A i r c r a f t A i r w o r t h i n e s s

.

This petition seeks an exemption from 14 C.F.R. § 91.7(a)

, which requires that a civil
aircr aft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness
certificate issued for the sUAS , should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

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Utility Aerial Services pilots that will be flying the sUAS have over 12,000 flight hours and a stellar safety record. Given the size of the sUAS and the requirements contained in the
Manual for main tenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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. 1 0 3 : P r e f l i g h t A c t i o n

.

This petition seeks an exemption from § 91.103 , which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the sUAS , an exemption will be needed.August 08, 2014 Page 12

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An equivalent level of safety will be provided by following the Aircraft Operations
Manual comprehensive preflight checklist. The PIC will take all actions

, including reviewing weather, flight battery requirements, landing and takeoff distances

, and aircraft performance
data

, before initiation of flight.

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. 1 4 C

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. § 9 1

. 1 0 9 ( a ) : F l i g h t I n s t r u c t i o n

.

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which provides that 3>Q@R person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully IXQFWLRQLQJGXDOFRQWUROV ́ s UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Instead, f light control is accomplished through the use of a control box that communicates with the sUAS via radio
communications.

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Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without d ual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the sUAS experience any difficul ties during flight
instruction.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. S e

e Exemption Nos. 5778K & 9862A.

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. § 9 1

. 1 1 9 : M i n i m u m S a f e A l t i t u d e s

.

This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may

not operate, including 500 feet above the surfac e and away from any person, vessel, vehicle, or
structure in non

- congested areas. S e

e 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a KHOLFRSWHUWRRSHUDWHDWOHVVWKDQWKRVHPLQLPXPDOWLWXGHVZKHQLWFDQEHRSHUDWHG3ZLWKRXW hazard to persons RUSURSHUW\RQWKHVXUIDFH ́SURYLGHGWKDW3HDFKSHUVRQRSHUDWLQJWKH helicopter complies with any routes or altitudes specifically prescribed for helicopters by the
)$$ ́

To provide the intended inspections , the sUAS will normally need to be operated wit hin a range of approximately 50 feet from the utility

- power generation line being inspected. Accordingly

, due to the nature of the proposed operation s , the PIC and the designated spotter

may at times be less than 500 feet away from structures during the operation , and an exemption is therefore required.August 08, 2014 Page 13

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Compared to flight operations with rotorcraft weighting far more than the maximum 55
lbs. proposed herein

, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the locati on where it is operated. As set forth in the Manual, t he sUAS will be operated in a restricted area, where buildings and people will not be exposed to operations without their pre

- obtained consent. 16 No flight will be taken without the permission of the property owner and/ or local officials. Because of the advance notice to the property owner and partici pants , all affected individuals will be aware of the planned flight operations as set forth in the Manual. Furthermore, by operating at
such lower altit udes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations.

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. 1 2 1 A l t i m e t e r S e t t i n g s

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This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that
i s set to the elevation of the departure airport or barometric pressure. An exemption is required
because the sUAS does not have a barometric altimeter , but rather a GPS altitude read out.

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An equivalent level of safety will be achieved by following the procedures set forth in the

Manua l. As prescribed in the Manual, the operator will confirm the altitude of the launch site
shown on the GPS altitude indicator before flight. Moreover, the PI C will use the GPS altitude indicator to constantly monitor the sUASs height, thus ensuring operation at safe altitudes.

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. 1 5 1 ( a ) : F u e l R e q u i r e m e n t s f o r F l i g h t i n V F R C o n d i t i o n s

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This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather condit ions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

2

(1) During the day, to fly after that for at least 30 minutes; or

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

The battery powering the sUAS provides approximately 25 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

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An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power

, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere with in its limite d operating area. Operation
of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Moreover, operation will be limited to contr olled areas where only people and property owners, or official representatives who have signed waivers will be allowed

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This request for exemption falls within the scope of prior exemptions. S e

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. Exemption 10673 (allowing Lockheed Martin Corporatio n to operate without compliance with § 91.151 (a));

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. 2 0 3 ( a ) & ( b ) : C a r r y i n g C i v i l A i r c r a f t C e r t i f i c a t i o n a n d
R e g i s t r a t i o n

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This petition seeks an exemption from civil aircraft certific ation and registration requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and curr ent airworthiness certificate

«

(b) 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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness FHUWLILFDWHUHTXLUHPHQWVDQH[HPSWLRQWRWKLVUHJXODWLRQLVQHFHVVDU\EHFDXVHWKHV8$6¶V load capacity and size does n ot allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the certificates need be displayed.

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To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate acces s to them

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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.

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. 4 1 7 ( a ) & ( b ) : M a i n t e n a n c e I n s p e c t i o n s

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This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b)

. These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. S e

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. , 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 3>V@KDOOKDYHWKDWDLUFUDIWLQVSHFWHG as prescribed in subpart E of this part and shall between required inspections . . . ha ve GLVFUHSDQFLHVUHSDLUHGDVSUHVFULEHGLQSDUWRIWKLVFKDSWHU ́ An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the sUAS will not have.

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An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Aircraft Operations Manual as referenced in the Manual. 19
As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.
The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to pro vide the equivalent level of safety.

If mechanical issues arise, the UAS can land immediately and will be operating f rom no higher than 400 feet AGL. Moreover, the UAS's small size, carrying capacity, and the fact that flight operations will only take p lace in restricted areas for limited periods of time, create less
risk than the same factors associated with conventional fixed

- wing aircraft and rotorcraft performing the same operation.

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V I

. P u b l i c I n t e r e s t

Consistent with the requirements of 14 C.F.R. §11.81(d), Petitioner offers the following reasons why granting this petition for exemption is in the public interest, i

. e

. , how granting it would benefit the public as a whole.

Approval of exemptions allowin g commercial operations of small and lightweight sUAS
in the utility aerial services industry benefits the public as a whole in the following ways:

x It helps fulfill Congress' goal in passing Section 333(a ) through (c) of the Reform Act, namely, the FAA Adm inistrator's assessment of whether certain UAS may
operate safely in the National Airspace System before completion of the rulemaking required under Section 332 of the Reform Act.

x The operation significantly improves safety and reduces risk by alleviatin g human exposure to danger associated with current aerial survey and inspection methods, namely, full size helicopters. Manned helicopters performing utility

- power generation inspections and patrols have experienced an exceedingly high number of accidents and fatalities. The public's interest is furthered by reducing human exposure to death or serious injury associated with manned aircraft performing utility

- power generation inspections and patrols.

x Petitioner's sUASs are battery powered and create no emi ssions. If Petitioner's sUAS
crashes

, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight
sUASs is , obviously, far less than a full size helicopter

. The public's interest is furthered by minimizing ecological impact of an acci dent and by reducing human exposure to potentially harmful emissions associated with manned aircraft.

x Aerial surveys are valuable tools for utility

- power generation inspections . However, problems with safety, cost, statistical integrity, and logistics continue to impede aerial

surveys and inspections from conventional man ned aircraft. The use of sUAS
address es these problems and is a powerful tool fo r performing a wide

- range of utility

- power generation inspection and patrol applications . The public as a whole
will benef it from the safer and more cost

- effective utility aerial services that sUAS operations provide.August 08, 2014 Page 17

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. P r i v a c y

All flights will occur over Petitioner's property or the Utility Customer's property with the Utility Customer's prior consent and knowledge.

V I I I

. F e d e r a l R e g i s t e r S u m m a r y

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Utility Aerial Services

, Inc. seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b) ; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") in the utility

- power inspection industr y will enhance safety by reducing risk. Conventional operations in this industry using rotorcraft or fixed

- wing aircraft present the risks associated with vehicles that weigh in the neighborhood of several thousand pounds and carrying large amount s of fuel. Such aircraft must fly to and from the survey or inspection location and operate at low altitudes

.

In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk

, given the reduced mass and lack of combustible fuel carried on board.
The sUAS is transported , not flow, to the designated survey area and set up. The sUAS carries no passengers or crew and, therefore, does not expose them to the risks associated with m anned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., provide s an equivalent level of safety and thus supports the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUAS s operate at slow speeds, close to the ground, and in a sterile environment . A s a result, they are far safer than conventional aerial survey and inspection operations conducted
with fixed

- wing aircraf t or helicopters.

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Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

2 size, weight, speed, operating capabilities, proximity to airports and populated areas

, and operation
within visual line of sight and national security

2 provide s more than adequate justification for the grant of the requested exemptions allowing commercial operation of Utility Aerial Services

,August 08, 2014 Page 18

Inc.'s sUAS in the utility

- power generation inspection and patrol industry in acco rdance with the Manual appended hereto.

If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact the undersigned or John McGraw at :

John McGraw Aerospace Consulting, LLC
Phone: 540

- 219

- 1638
Email: John@JmacAerospace.aero

Very truly yours,

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_____________________________ Mark A. Dombroff , Esq.
Matthew J. Clark

, Esq.

A ttachments (All Subject to Non

- Disclosure Under the Freedom of Informat ion Act, 5 U.S.C. §

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A t t a c h m e n t A : Utility Aerial Services Utility

- Power Generation Inspection and Patrol Operations ManualAugust 08, 2014 Page 19

A T T A C H M E N T A

This document is withheld as proprietary and confidential and is subject to non

- disclosure under Freedom of Information Act, 5 U.S.C. § 522 e t

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