### September 11, 2015

Exemption No. 12828 Regulatory Docket No. FAA

− 20 15

− 1847

Mr. Robert B. Schneider Research Laboratories, Inc. 2010 Jimmy Durante B ou l e v ar d Del Mar, CA 92192

Dear Mr. Schneider :
This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 6, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Research Laboratories, Inc. ( he reinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial imaging and information services for the residential, commercial, and industrial sectors, and closed

- set motion pic ture, television, and film production operations

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the p etitioner is a DJI Phantom 2

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in

### 2
consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21
, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1 

### and closed set motion picture and filming

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Research Laboratories, Inc. is grant ed an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection and closed set motion picture and filming

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, Research Laboratories, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 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 exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming

are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no c ase will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA 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 UA 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 certific ate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA 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 ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designat ion for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this 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 herein take precedence and must be followed.

### 4
Otherwise, the operator must follow the procedures as outlined in its operating documents. T he 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 pres ent 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 petiti on for an amendment to its grant of exemption. The FA A’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.

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.
, inoper able 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 manufacture r 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 airman medical certificate or a valid U.S. driver’s licens e issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilo t certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be

### 5
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 of training the operator’s PICs and VOs ( traini ng, proficiency, and experience

- building) 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 op erations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate 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 visu al flight rules (SVFR) are not authorized.

16. The UA 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 symbo l 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.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is proh ibited 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted 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

.

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

num ber, registered in accordance with 14 CFR part 47, and have identification

### 6
(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. 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 enforcem ent official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. 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 UA and/or debris in the event of an accident. The operator must ensure tha t nonparticipating persons remain under such protection. If a situation arises 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 nonparticipa ting 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.

27. All operations shall be conducted over private or control led

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vert ical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions containe d on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

### 7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times f or all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to b e used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017 , u nless sooner superseded or rescinded.

Sincerely,

/ s/ John S. Duncan Director, Flight Standards Service

Enclosures**Date:** 05/08/2015

**Number:	202**

**- 493** 

**- 2251** 

**Send	To:** Docket	Operations

**Attention:** Sir	or	Madam

**Office	Location** : Docket	Operations Room	W12

- 140 of	the	West	Building	Ground	Floor at	1200	New	Jersey	Avenue,	SE., Washington,	DC

**From:** Robert	Schneider
CEO Research	Laboratories,	Inc.

**Phone	Number:** 714

- 852

- 2103

Total	Pages	Including	Cover:		8 

# Fax

X Reply	ASAP X Please	Comment X Please	Review For	Your	Information2

May	6,	20 15

U.S.	Department	of	Transportation

- Federal	Aviation	Administration West	Building	Ground	Floor,	Roo m	w12

- 1 40 1200	New	Jersey	Avenue,	SE. Washington,	DC	20590

Re: Exemption	request	under Section	333	of	the	FAA	Modernization	and	Reform	Act	of 2012	(the Reform	Act)	and	14	C.F.R.	Part	11

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, Research	La boratories,	Inc

. ,	a	software	and	technology	consulting	firm, on	behalf of itself and	its	related	affiliate s	u nder	common	ownership	and	control,	h ereby	applies	for	an exemption	from	the	listed	Fede ral	Aviation	Regulations	(FAR ) to	allow	safe	operation	of	unmanned aircraft	(UA)	in	concert	with	unmanned	aircraft	systems	( U AS) and	related	ground	control	stations for	civil	commercial	use	within	the	Nati onal	Airspace	System.	The	purpose	being	aerial	imaging	and information	services	for	the	residential,	commercial,	and	industrial	sectors ,	and	closed

- set	motion picture,	television,	and	film	production	operations

. All	flight o perations	are to	be conducted within	and	under	the	conditions	out lined	herein	and	as outlined	by	Title	14, Section	333.

As	detailed	in	this	document	and	the	attached supporting	documentation
, t he	r equested	exemption would	allow safe UA operation under human

- supervised, controlled mission	planning conditions with	public	safety	considerations	in	airspace	that	is	1) limited	2)	pre

- determined ,	and 3)	controlled with	regard	to	the	safety	of	adults,	children,	and	animals.

N ame	and	address	of	applicant :

Research	Laboratories,	Inc. Robert	B.	Schneider 2010	Jimmy	Durante	Blvd.,	S uite 220F Del	Mar,	CA	92192 Tel :	714

- 852

- 2103 Email: rschneider@research

- laboratori es,	Inc.

Sincerely,

Robert	B.	Schneider Research	Laboratories,	Inc. Chief	Executive	Officer3



### S **tatutory authority for pro**  **posed exemption s**  We	are	seeking	exemp tion	from reg ulations	outlined	in Section	333	of	the	FAA	Modernization	and Reform	Act	of 2012 and	14	C.F.R.	Part	11

. This	request is	submitted as our	business	is	engaged	in new	technologies,	and	advancing	the	existing	s tate	of	the	art	in	software	systems	related	to	aircraft, particularly	in	the	arena	of	unmanned	aircraft	systems with	an	emphasis	on avionics,	ground control	stations,	and	telemetry

. We	are	also	seeking	exemption	the	following: Part	21 ,	Subpart	H ;	and	§§ 45.23(b);	61.113(a)	&	(b); 91.7(a);	91.9(b)(2);	91.103(b);	91.109;	91.119;	91.121,	91.151(a);	91.203(a)	&	(b);	91.405(a); 91.407(a)(1);	91.409(a)(2);	and	91.417(a)	&	(b)	of	Title	14,	Code	of	Federal	Regulations (CFR).



### Extent and reason for relief The	UA de scribed	herein is	the	popular	DJI	Phantom	2,	with telemetry	and avionics operated	and

co ntrolled	by	a	computer ground	station ,	as	part	of	the	UAS,	and	utilizing	backup	system redundancy	using	the	factory RF	handheld	remote	controller.	The	specifications,	a s	they	pertain	to this	petition,	are	listed	below	in	the Flight	planning	assumptions	and	limitations section. We	are seeking	relief	from	a	selec t	number	of	CFR’S	particularly	pertaining	to	airworthiness	and certification.

Presently,	we	have	identified	a ne ed	for	aerial	imaging	services	for	commercial/residential	real industries,	real estate, and tourism,	as	well	as	providing	aerial	inspection	services	for	commercial entities.	As	such,	we	are	interested	in	providing	aerial	information	services	to	include	i mages,	video, electronic	mapping/geographical	s urvey work, and	closed

- set	motion	picture,	television,	and	film production	capacit i es for	a broad	range	of	clientele

. An	exemption,	if granted, would	increase and	enhance public awareness	of	UA’s by	having	a commercial	entity	providing	leadership	in	this area

. We al so plan	on	offering a weekend ground school,	taught by Certified	Flight	Instr uctors	to	allow	hobby	users	a	better	opportunity chance	to understand	the	aerodynamics	of	flight,	weather,	and	the	poten tial hazards involved	in	flying	these

cra ft	on	their	o wn.	By	educating	the	public on	UA ’ s	and	UA S	(systems) through	proper	stewardship
, we	believ e	they will	come	to understand	that	it	is	not	as	simple	as	pushing	a	button,	or programming	a	GPS	to	achieve	th e	desired	results necessary	for	succe s sfully	flying	a	UA mission/ flight	plan

. 

### Public interest and public safety We understand	the	need	for public	education	in	this	arena. Part	of	our	busine ss	model	includes involvement	of those	living	near,	or	even	working near	our	anticipated	flight	zones	to	come	out	and witness	the	actual	flight live	from	the ground	station,	by an	experienced	pilot	to help increase public	awareness .	The	bystanders,	many	of	whom	are	very	interested	and	curious	about	this technology,	ma y	wi tness	first	hand	what	may	be awe
- inspiring to	them

. We	expect	this approach to	be both	a	learning	tool	and a	sales	tool.	If	this	industry	is	to	succeed	on its	own	terms,	then	responsible	mission	planning,	cautio us	flight	operation,	and	leadership	through example	are crucial	elements	t o	the	success	of	commercial	UA operation.	As	will	be demonstrated, we	intend	to	push the creative boundaries	of	what	is	possible	with	these	smaller	craft,	and hopefully	adv ance	the	state	of	the	art	at	a mid

- tier	level	in	the commercial	domain ,	while maintaining	safe	flight	paths,	and	providing	multiple	layers	of	envelope	protection	for our UA	fleet

.4

Additionally,	all	flight	operations	will	be	performed	with	consent	of	the	property	owners,	including those	abutting	or	adjacent to	planned	flight	activities where	overflying	may	be	required	or	might otherwise occur	accidentally

. 

### Public safety **equal to the existing rule of law**  In	addition	to	compliance	with	FAA mandat e ,	our intent	is	to	operate	the	UA in	accordance	with published	F ederal	Aviation	Regula tions	(FAR/AIM),	while	adhering	to an	equivalent	level	of	safety
to general	aviation flight	maneuvers

. Flight	operations include system	redundancy, backup telemetry ,	and	an	audio

- visual	warning	system

. For	auto

- pilot	operations,	GPS	p rogrammed waypoints	will	be	entered,	the	cr aft	monitored	continuously,	and	operated	according	to	already prescribed	regulations	and	proposed guidelin es,	such	as	avoiding flights over high	population density areas, over	persons , in	prohibited	airspace,	whil e maintain in g	line

- of

- sight (LOS) with	UA and providing self

- certification	of	airworthiness

. We	do	not	anticipate	flights	within restricted airspace	or	major	metropolit an cities,	or	wherever	UA operations	are	otherwise	prohibited without the	proper	authority	and	clearance	to	do	so

. Our	ground	control	station	has	safety	and	backup	features	that	extend	beyond	those	provided	by the	manufacturer.	For	example,	should	the	GPS	or	avionics	fail,	the	system	will	revert	from prote cted	mode (normal	law	via	GPS) to	direct	law,	thereby	allowing	the	pilot	in	command	(PIC)	to take	control	of	the	aircraft	on	a	different	frequency	than	that	of	the	ground	control	station /UAS

. Navigation, speed ,	and	elevation	are	e ach	managed	individually according to	the	flight	plan and

re l a yed	to	the	UAS/PIC	in	real

- time

. Regarding	privacy ,	flights over	private land or in a controlled	access environment will	occur with knowledge or consent by the property	owner ( s )

. Any	individuals who	are	readily	identifiable,	and who	have	been	photographed	outside	the	permissible	area	will	not	be	shown	in	the	imaging,	unless a	release	form is	signed ,	or verbal consent is otherwise given

. 

### Flight planning assumptions and limitations In	addition	to	the	aforementioned	FARs	and	regulat ions	regarding	small	unmanned	aircraft	use, Research	Laboratories,	Inc. will adhere	to	the	following	assumptions	and limi tations	when conducting	its	planned	UA flight operations	under	an	FAA	issued	exemption:

1. Weight

a. The	curren t	UA	weighs	less	than	10 pounds ; 2. LOS

a. All	f

lights	operated	within	visual	line o f	sight o f the	PIC ,	per	current	regulations ; 3. Speed

a. Flight	speeds for	the	current	UA are	not	anti ci pated	to	exceed 30 knots	maximum indicated	airspeed ,	except	unde r	ideal	weather	conditions ; 4. Flight	time

a. Due	to	battery	limitations,	m aximum	total	flight	time	for	ea ch	operatio nal	flight	is about 15	m inutes .	The	manufactur er ’ s	user	manual	claims	flight	times	of 25 minutes,	however,	real

- worl d use	has demonstrated actual	flight	times to	be	closer
to about	15 minutes ;	slightly lower	in	high

- wind	conditions .	As	battery	capacity	and storage	technology	improves	in	the	near	future,	flight	times	are	expected	to increase ; 5. Propulsion	and	battery

a. The	UA	dynamically calculates	battery	reserve	in real	time,	and	displays this information	to	the	PIC via	the	UAS .	The	UA	will	slowly	descend	to	the	ground	if	the5 battery	runs	below	a	preset	percentage,	currently set	to	15%,	however,	a	safe landing	should	be	planned	and	executed when	battery	life	reaches	30%	of	maximum capacity

. The	attached	flight	manual	describes	battery life and	battery	management ; 6. Altitude	and	elevation

a. Flights	are expected	to	operate	below	200’ above	ground	level	( AGL ) at	a ll	times, except	under	certain circumstances	requiring	geographical	surveys,	and/or	aerial mapping	where	altitudes	are not	expected to	exceed 400 ’ AGL for	brief	periods	of ascent,	hover,	and	descent	to	capture	the	required	imaging	for

m apping/g eographica l	s urvey work ; 7. Flight	Crew

a. Flight c rew	for	each flight	operation / mission	plan, will	consist	of the	UA	Pilot	who shall	maintain	visual	LOS	at	all	times .	For	larger	commercial	operations,	and	those requiring	greater	distances	afield,	a	spotter	may	be	utilized	for	tracking	pu rposes, and	as	a safety	precaut ion.	Spotter	would	have	the factory handheld	remote	as	a backup	control	sy stem	in	the	event	of	a	telemetry/communication system	failure,	or an	exception	(deviation)	from	the	establ ished	flight	plan occurs,	or	in	the	event	a handoff	to	a	seco nd	qu ali fied	PIC	is	required	to	negotiate	a	safe	transition	around	a building	or	other	obstacle,	or to avoid	people	or	animals	nearby ; 8. PIC

a. The	UA Pilot	will	be trained	and	well

- versed	in	mission	preparation,	flight

operations, and	all	related safety	proced ures	as	detailed in	the manufacturers	flight

m anual
, applicable	FARs ,	and	company	policy ; 9. Mission	planning and	flight	operations

a. The	UA will operate either	within	established	flight	plan	pre

- programming parameters ,	or flown	live	by	the PIC	using the	groun d control/mission	planning software as	part	of	the	UAS, or manual ly by	the	PIC ; 10. Location	safety

a. All	locations	will	be	appropriately	investigated	using	aerial	maps	(whenever available),	and	in

- person	by	flight	crew	personnel	prior	to	flight	operations to determine	safe takeoff and	landing	points ; 11. Briefing,	planning,	and	debri e f	activities

a. Mission	brie fing	and	de

- briefing	will	be	con ducted	by	flight	crew ,	including	clients
, when ever	applicable ; 12. Owner	consent

a. Verbal	or	written	consent/ permission will	be obtained from the p roperty	owner (s) prior	to	flight operations; 13. Competency and	experience

a. Pilot	will	have sufficient	training	and	experience in flight	operations, operation al flight	characteristics of the	UA
, and	will	perform	flight	planning	duties, such as weather briefings ,	NOTAMs,	and	any	Temp orary	Flight	Restrictions	(TFR); 14. Government	ordina n ce	and	permission

a. All	required	permissions	and	permits	will	be	obtained	from federal, territorial,	state, county	or municipal jurisdictions ; 15. Loss	of	communication equipment

a. If	the	UA loses its	GPS	signal,	telemetry,	or	fails	to	establish	communications, it is programmed	to loiter	on	station	or hover	until	the	battery	strength	runs	down	to the	predetermined	limits,	then	it	will	slowly	descend	to	the	ground per	inter nal programming	parameters

. If	one	of	the	two	communication	downlinks	are	lost,	the unit	is	programmed	to fly	through	each	of	the	waypoints	and	return	to	the	point	of origin	(where	the	unit	was	powered	on);6



### 14 **CFR 61.113 (a) & (b): Private Pilot P rivil**  **eges and Limitations: Pilot in C**  **ommand** Sections	61.113	(a)	&	(b)	limit	private	pilots	to non
- commercial operations. The	UA	will	not	carry crew	or	passengers, thus the	level	of	eq u ivalent	training	and	experience required	for	Section	61.113 may be	offset	by	ade quate	preparation	and	planning.	For	the	proposed	commercial	operations,	the UA	will	utilize	the	onboard	GPS,	programmed	by	the	mission	planning	software,	and	monitored	in real

- time	by	the	PIC,	and	the	ground	station	software	system / UAS responsible	for	the autopilot program.	Planned	flight	areas	will	be	controlled or res t ricted	at	all	times	during	flight	maneuvers and	flight	operations.

While	the	inherent	risks	associated	with	the	relatively	new	class	of	UA	are	probably	greater	than the	general	public	is	aw are,	this ultimately creates	the	need for	a	safe	operating environment
, especially	when	c onsidering	commercial	use .	There	is	no	fuel	on	board	the	UA,	so	the	risk	of	fire	is vastly	diminished	when	compared	wit h	conventional aircraft. The	FAA	would	be	provi ded	advance notice	of	any	operation	that	will	be	within	in	controlled	a irspace	within	the	National	Air space System	(NAS),	especially	operations	encroaching	upon	the	established	guid el ines	for	unmanned aerial	flight	in	protected	airspace,	and	near	airports.


### 14 C.F.R. 91.103: Preflight Action This	regulation requires	the	PIC	to	perform	certain	duties,	and	take	specific	actions	regarding	the airworthine ss	of	the	aircraft	in	question. An	exemption	is	needed	from	this	requirement	as the	PIC would	perform preflight activities	outside	the	scope	of	general	aviation, and due	the the	physical nature	and	simple	design characteristics	of	the	UA.

Our UAS has	several	features	that	integ rate	modern	flight	planning,	such	as	weather,	terrain	maps, satellite	imagery, NOTAMS,	and	temporary	fli ght	restrictions	( if	available and	issued

. ) Company policy	requires	walk

- though reconnaissance of the	intended	flight	path,	noting nearby	hazards	and obstacles,	local	terrain,	local	animal	habitation,	nearby	pets,	and	protected	ta keoff	and	landing

areas. The	flight	manual	suggest s not	flying	near	obstacles,	crowds,	and	power	lines.

In	addition	to	the	manufacturers	suggested	pre

- flight	checklist, t he ultimate goal	is	to create	a	flight plan using	the	same	procedures as	a	general	av iation	flight from	start	to	finish

.


### 14 C.F. **R. 91.119: Minimum Safe Altitudes** Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	Section	91.119	(d)	allows helicopters	to	be	operated	at	less	than	the	minimums	prescribed,	provided	the person	operating the	helicopter	complies	with	any	route	or	altitudes	prescribed	for	helicopters	by	the	FAA.

The	proposed	exemption	includes	the	use	of	a	rotorcraft	that	operates	with	similar	characteristics as	a	helicopter.	The	craft	is	capable	of	verti cal	takeoff	and	landing	(VTOL),	and	will	be	operating most	of	the	time	at	about	10’	to	50’	AGL.	There	are	instances	where	300’ to	400”	AGL may	be required	fo r	brief	periods. Flight	maneuvers	will	be	carried	out	according	to	the	aforementioned security	measures	firmly	in	place,	and	include	an	elevated	safety	enclosure	to	prevent	children	and pets	from	accidentally	wandering	into	the	craft	during	takeoff	and	landing	activities.

Although	the	manufacturer	claims a	ma ximum	speed of	up	to	15	m/s	(~33 MPH ),	they	also	state that	it	is	not	recommended .	Certain	commercial	filming	is	likely to	exceed	25 MPH for	brief	periods, but	not	on	average ,	and	only	under	proper	atmospheric,	comman d,	and	control	conditions

. Total gross	w eight	is currently under	12 LBS,	including	payload ( camera ,	gimbal) ,	avionics,	sound,	and lighting. Careful	consideration	would	be	given	with	regard	to	terrain,	and	nearby	obsta cles	during all phases of	flight	planni ng

.7



### 14 C.F.R. 91.121: Altimeter Settings Via	cust om	software	implementation,	our UA	is	ou tfitted	with	a	barometric	altime ter	that	is	able	to compensate	for	non

- standard	barometric	pressures	and	tem peratures.	Field	elevation	may also be
set manually prior	t o	flight

. With	these	systems	in	place,	an	equivalent	level	of	safety,	with	regard	to general	aviation	a ltimeter settings,	is	achieved	for	the	UA. The	attached	flight	manual	outlines	operation	of	the factory onboard Inertial	Measurement	Unit (IMU ) ,	which has	a	built

- in	inertial	sensor	and	a	barometric altimeter	that	measures	both	attitude	and	altitude.


### 14 CFR 91.151 (a): Fuel Requirements for Flight in VFR C **onditions** Section	91.151	(a)	outlines	fuel	requirements	for flight	maneuvers	under V isual	Flight Rul e (V FR ) conditions.	The	UA will	be	flown	with	a	known limitation	pertaining	to	actual	flight	time.	As mentioned	earlier,	this	is	~12	minutes.	Since	planned	operation	is	in	a	kno wn	area,	and	flight	plans are	flown	according	to	predetermined	headings,	ele vations,	and	attitudes,	this range and flight	time limitation require	an	exemption	from	14	CFR	91.151(a).

Since	the	powerplant	is	electric,	and	the	fuel	source	is	a	rechargeable	battery,	an	exemption	to	14 CFR	§91.151	is also requ i red	due	to	the	30	minute fuel	reserve	requirement. Our	current	mandate is	to prepare	for	and execute	a	landing	as	soon	as	possible	when	the	battery	levels	reach	30%	of maximum	capacity.	We	perceive	an	exe m p tion	from	14	CFR	§91. 151	as	it	pertains	to	prior

exe m p tions	granted	by	you r	agency	to	Lockheed	Martin	Corporation,	and	Bechtel	Co r poration under	FAR	91.151.	Since	most	flight	plan s	are	estimated	to	be	12	minute s in	length,	and	flown	at dramatically	lower altitudes	than	general	aviation,	particularly	h elicopters,	w e	beli e ve	an exemption	to	14	CFR	§91.151	is	reasonable. Similar	exemptions have	been granted	to	other operators	incl uding	e xe mptions	2689F,	5745,	10673, 10808 ,	and	11258 (for	reference.)


### 14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspec **tions** These	regulations	req uire	that	an	aircraft	operator	“ 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	repair ed .	.	.”

Airworthiness	inspections	under	Part	43	are	generally	granted	to	general	aviation	aircraft, particularly	those	possessing	a	valid	airworthiness	certificate. The	UA	does	not	have	many	moving parts,	aside	from	the	four	electric	motors	powering	the	r otor	blades.	Maintenance	and	inspections will	fall	under	the	responsibility	of	the	flight	team,	and	ultimately	the	PIC.	In	addition	to	pre

- flight activit i es	that	may	indicate	repairs,	any	in

- flight	issues	that	arise	will	result	in	the	immediate	safe descen t	and	landing	of	the	UA.	The	inherent	design	characterist i cs,	and	small	size	of	the	UA	make flight	nearly	impossible	with	even	the	slightest	component	failure,	t hus, proper	maintenance	and airworthiness	is	paramount for	safe flight	maneuvers.

Additionally
, with	l ow	flight	altitudes ,	a safely	controlled	flight	environment and LOS	restrictions, an	equivalent	level	of	safety	is	obtained	to	prevent	harm	to	a ny	people,	animals,	or	structures in	the vicinity.	Fu r thermore,	the	limited	payload	and	battery	life	onl y	allow	for	shorter	flights ,	and	are	in LOS	of	the	PIC	at	all	times	which	allow for	brief	flight	plans	that	exe rcise more	stringent	flight operations

.

Since the PIC is ultimately	responsible	for	the	airworthiness	of	the	aircraft, and	also	responsible	for a	go/n o
- go takeoff decision,	this	individual	is best	suited	to	maintain	the	aircraft or	suggest8

maintena n ce /repair procedures which	may terminate	a	flight	plan,	or	those necessary	prior	to	the next	flight.


### Privilege of utilizing e **xemption outside the continental U.S.**  We	have	no	plans	to	operate	outside	of	the	United	States	at	present.

--------------------------------------------------------------------------------------------------------------------- 

### Summary of Research Laboratori **es, Inc, Section 333 request for exemption f**  **or publication in the Federal Register** Per	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	the	Federal	Register,	if publication	is	necessary:

Applicant	seeks	an	exemption	from	the	follow ing	rules	and	regulations 14	C.F.R.	§21,	subpart	H;	14	C.F.R	45.23(b); 1 4	C.F.R.	§§	61.113(	a)	&	(b); 91.7(a);	91.9	(b)	(2); 91.103(b); 91.109;	91.119;	91.121;	91.151(a); 91.203(a)	and	(b);	91.405	(a); 91.407	(a)	(1);	91.409	(a)	(2);	91.409	(a)	(2); 91.417	(a)	&	(b)	for	commercial	operation	of	small unmanned	vehicle s (55 lbs

. or	less .)

---------------------------------------------------------------------------------------------------------------------
Pursuant	to	the	guidelines	and	mission	outlined in	Section	333	of	the	Reform	Act	of	2012, specifically	related	to	the	size,	weight,	operational	characteristics,	flight	in	proximity	to	national airspace,	controlled	airspace,	altitudes	near	airports,	crowds,	and	line

- of

- sight	restrictions,	we	feel that	th is	appeal	provides	suffi ci ent	rationale	for	the	gr ant	of	the	requested	exemption	to	allow

commer c i al	operation	of	this	applicant’s	UA	for providing	aerial	information	services	to	include images,	video,	and	geographical	survey work	(mapping	services)	for cl osed

- set	motion	picture, television,	and	film	production	capacit i es , and also for	a	broad	range	of	clients in	the	residential, commercial,	and	industrial	sectors

. 

### Additional supporting documentation Our	CEO has	extensive	experience in	enterprise	software	systems,	particularly with	the	Northrop Grumman	Joint	Mission	Planning	System	(JMPS),	used	by	the	U.S.	Navy,	U.S.	Air	Force,	and	U.S.	Coast Guard.	Aircrew	use	JMPS	to	conduct	detailed	mission	planning		to	support	a	full	spectrum	of

m issions,	ranging	from	simple	training	to	complex	combat	scenarios.	Aircrew	save	the	required aircraft,	navigation,	threat,	and	weapons	data	on	a	data	transfer	device	that	they	load	into	the aircraft	prior	to	flight,	as	well	as	programming	waypoints,	fuel, and	payload.

Additionally,	at	the	time	of	this	writing,	he has	obtained	over	100 hours	of	ground	instruction	in Private	Pilot,	Helicopter/Rotorcraft,	and	Human	Factors ground	school in	Aviation,	including 45 hours	of	simulator	time,	and	over	22	hours	prac tical	time counted toward	the	private	pilot rating

. Written	exams	are	scheduled	for	May	25	and	May	27,	for the	FAA	Private	Pilot	and Heli copter/Rotor craft,	respectively; FAA	Pri vate	Pilot	checkride	is	anticipated	to	be scheduled on	or around	July	1,	2015
, and	the	Helicopter/Rotorcraft	checkride	to	follow	in	late	Autumn

.

1. Supplemental	response	for	petition 2. PHANTOM2_User_Manual_v1.4_en 3. PHANTOM_Flying_Flowchart_v1.0_en 4. Smart_Flight_Battery_Safety_Guidelines9