## Montico, Inc. BetterConnections, Better Business
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. , .l. August 8, 2014 

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## 0 U. S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;14 CFR 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);91.417 (a) & (b). Dear Sir or Madam : Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Montico, Inc. a communications development firm, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333. As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide tower inspections and mapping operations, to an existing tower structure. We will be operating in an airspace previously reviewed by the FAAfor the construction ofthe tower therefore the airspace ofthe controlled operations area creates no additional hazard to the national airspace. Approval of this exemption would therefore create no safety concerns regarding national airspace and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "...establish requirements forthe safe operation of such aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: Montico, Inc. Attn: Ronald Wingo Email rwingo@montico
.net 2710 N. Argyle Fresno, CA 93727 (559)291-1176

2710N. Argyle, Fresno, CA 93727 - {559}291-1176 Fresno -Albuquerque -Spokane - Memphis 1

## Montico, Inc. BetterConnections, Better Business Regulations from which the exemption is requested : 14 CFR Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 91 .7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91 .103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91 .121 14CFR91 .151 (a) 14 CFR 91 .203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following: • The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line of sight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system ." Applicant interprets this provision to place the duty on the Administratorto not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation ofthe UAS, if it should be determined that the conditions set forth herein do notfulfill the statutory requirements for approval. 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 §401 01 ofthe Act, that includes sUASs,from the requirement that all civil aircraft must have a current airworthiness certificate.

2 710 N. Argyl e, Fresno, CA 93727 - {559}291-1176 Fresno - Albuquerque - Spokane - Memphis 2

## Montico, Inc. BetterConnections, Better Business The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administratorfinds the exemption in the public interest. 49 U.S.C. §44701 (f) 

### See also 49 USC §44711 (a); 49 USC §44704; 14 CFR §91 .203 (a) (1 ). Montico Inc.'s sUASs are rotorcraft, weighing 55 orfewer lbs. including payload . They operate, under normal conditions, at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within a small controlled area described in the Confidential Operations Procedures, attached as Exhibit A (hereinafter "Procedures") Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system orthe public.''Applicant submits this Procedures as a Confidential and Proprietary document under 14 CFR 11 .35 (b) as the entire Procedures contains proprietary information that the applicant has not and will not share with others. The Procedures contains operating conditions and procedures that are not available to the public and are protected from release underthe Freedom of Information Act 5 USC 552 et.seq. Given the small size ofthe sUASs involved and the restricted controlled environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size ofthe UASs and the controlled areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the following , the grant ofthe requested exemptions is clearly in the public interest: • clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended • the level of safety surrounding the proposed operations, and the significant public benefit • innovative reductions in physical dangers of personnel climbing towers and/or the use of high rise heavy equipment, thus reduced emissions associated with allowing UASs operations Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. 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 an exceptional level of safety to operations. These limitations and conditions to which Montico, Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include:

2710 N. Argyle , Fresno , CA 937 27 - {559)291-11 7 6 Fresno - Albuquerque - Spokane - Memphis 

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## Montico, Inc. BetterConnections, BetterBusiness 

### 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight of operator. 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 15% battery power reserve should that occur priorto the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL 5. sUAS operator will be trained and certified in the proper safety and operations ofthe sUAS. 6. The sUAS will only operate within a controlled area as defined in the Procedures. 7. The operator will post advisor notice around the controlled area. 8. Operator will have been trained in operation of sUAS generally and received up-to-date information on the particular sUAS to be operated as required. 9. Ifthe sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land. 10. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91 .203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs.fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a controlled area as set out in the Procedures. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by the operator, pursuant to the Procedures requirements. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, 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.

2710 N. Argyle , Fresno, CA 93727 - {559}291-1176 Fresno -Albuquerque - Spokane - Memphis 4

## Montico, Inc. Better Connections, Better Business 

### 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include 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 not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed . Given the size ofthe sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the operator working with the sUAS will see the identification ofthe sUAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 

### A 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Procedures for maintenance and use ofsafety check lists prior to each flight, an equivalent level of safety will be provided. 

### 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91 .9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis 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. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the operatorflying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation : Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

2710 N. Argyle , Fresno, CA 93727 - (559)291-1176 Fresno - Albuquerque - Spokane - Memphis 5

## Montico, Inc. BetterConnections, Better Business 

### 14 C.F.R. § 91.103: Preflight action This regulation requires each operatorto take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in Procedures. The operatorwill take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

### 14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications.The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 

### 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. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes upto 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Procedures, the sUAS will never operate at higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. In addition, the low-altitude operations ofthe sUAS will ensure separation between these smaii-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

### 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure. " As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.

2710 N. Argyle , Fr esno, CA 93727 - (559)291-1176 Fresno - Albuquerque - Spokane - Memphis 

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## Montico, Inc. BetterConnections, Better Business 

### 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91 .151 (a) 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 battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91 .151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91 .151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area, 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 ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 15% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 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 current airworthiness certificate.. . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such,there is no ability or place to carry certification and registration documents or to display them on the sUAS.

2710 N. Argy le, Fresno, CA 93727 - { 559)291 -11 7 6 Fresno -Albuquerque - Spokane - Memphis 7

## Montico, Inc. BetterConnections, Better Business An equivalent level of safety will be achieved by keeping these documents at the ground control point where the operatorflying the sUAS will have immediate access to them , to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation . A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section , have discrepancies repaired as prescribed in part 43 ofthis chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Procedures. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in controlled areas for limited periods oftime. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Procedures, the operator will ensure that the sUAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed . Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 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) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less) for the purpose of inspection, monitoring, mapping and photographing attached equipment and engineering studies involving communication towers, wind turbine tower facilities and powertransmission tower operations. Approval of exemptions allowing commercial operations of sUASs will create a level of safety by reducing risk. Conventional tower structure inspections and associated tasks involve extreme risks to personnel physically climbing such structures and/or utilizing high rise equipment both ofwhich create numerous and extreme risk to such personnel. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk. The sUAS will carry no passengers or crew and, therefore, will not expose personnel to any of the risks described above.

2710 N. Argyle , Fresno , CA 93727 - (559}291-1176 Fresno - Albuquerque - Spokane - Memphis 8

## Montico, Inc. BetterConnections, Better Business The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide a level ofsafety supporting the grant ofthe exemptions requested herein , including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment. 

### Privacy All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. The granting ofthis exemption request will provide innovative safety operations. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security - provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation of applicant's sUAS in and pursuant to the Procedures appended hereto. 

# f \ Sincerely,

# ~ Ronald Wingo Chief Executive Officer Montico, Inc. 

# (\.
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2710 N. Argyle, Fresno, CA 93727 - (559}291-1176 Fresno - Albuquerque - Spokane - Memphis 

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