June 10, 2015

COL (R) Edward C. Gassman, Director of Operations Robert Blank,Chief Compliance Officer Mountain Drones, Inc. Mailing: PO Box 561 Physical: 658 W Columbia Ave Telluride, CO 81435 (803) 984

-0709 robert@mountaindrones.net www.mountaindrones.net

U.S. Department of Transportation, Docket Operation West Building Ground Floor, Room w12

-140 1200 New Jersey Avenue, SE Washington, DC 20590

FORAN EXEMPTION SEEKING RELIEF FROMTHE REQUIREMENTS OFTITLE 14 OF THE CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF GRYPHONX8 MULTIROTORAND READYMADE RC ANACONDA UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OFTHE FAA MODERNIZATIONAND REFORMACT OF 2012 (PUBLIC LAW 112

-95)

**N**
**- NUMBER = N336MD** Mountain Drones Inc. respectfully requests an exemption from several

provisions of Title 14of the Code of Federal Regulations (C.F.R.) to permitthe use of small unmanned aerial systems (UAS) for the purpose of providing land management consulting, environmental monitoring, and public safety operations to clients. This request is motivated primarily by the desire to maximize safety in the aforementioned fields. While an exemption would not eliminate the current need for in

-personvisual inspection required byvarious federal regulatory departments, it would allow Mountain Drones Inc. to broadly evaluate environmental conditions and best management practices with UAS, resulting in a safer and more efficient remote sensing and monitoring network. Accordingly, the grant of an exemption isconsistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act)

.that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general
use of these systems. This summary is suitable for publishing in the Federal Register.

ATTACHMENT A: Mountain Drones Standard Operating Procedures
ATTACHMENT B: Mountain Drones UAS Training Program and curriculum

ATTACHMENT C: Pre

-Flight Checklist ATTACHMENT D: Flight Safety Checklist
ATTACHMENT E: Battery Handling Policy
ATTACHMENT F: Gryphon Dynamics X8 Multirotor Technical Specs ATTACHMENT G: ReadyMade RC Anaconda fixed wing plane Technical Specs**Background Information**

Mountain Drones Inc. is in the business of providing safe and reliable UAS services for our clients. Mountain Drones’ clients look to us for the safe operation of UAS

. We have developed specific Mountain Drones Safe UAS Operational Procedures.Increasingly,we have clientswho have requested our services to operate UAS for land management, environmental monitoring, and public safety applications.
**Mountain Drones Contemplated Operations** GIS Mapping and Surveying for land use Imagery gathering and data collection Hydrological assessments and Snow Water Equivalent (SWE) surveys Water quality and quantity assessments Floodplain monitoring and assessment Avalanche data collection and mitigation planning Land conservation monitoring Fish and Wildlife monitoring Search and Rescue
**Regulatory Basis for Exemption Request**
In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversely affect safety or howthe exemptionwould provide at least an equivalent level of safety as compliance with the underlying regulation.In this case, approval ofthis exemptionwould advance the public interest by

significantly enhancing the safety and efficiency of environmental monitoring, land management, and public safety operations while also providing the FAA withvaluable user experience on UAS in a contextwith appreciable economic and societal benefits. As described more fully below, the requested exemption would permit the operation of UAS under highly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. To the contrary, as explained below, Mountain Drones anticipates that use of UAS will facilitate safer operations by providing a supplementary tool for those employees placed in high risk, remote work environments. Granting an Exemption is in the Public Interest. The safety and efficiency of land management and public safety tasks is heavily dependent upon constant analysis of environmental, geographical, and human

-related factors that influence resources and areas inhabited by the general public. For example, Telluride, CO is geographically positioned at the headwaters of municipal water supply, serving 8 states’ water needs. Flood predictions and
assessments, water quality measurements, Snow Water Equivalent (SWE) monitoring, landslide prediction and monitoring, groundwater assessments, avalanche predictions and mitigation planning, and recurring analysis of hydrological,geological,and environmentalconditionsareallofgreat interest to Public Safety and Government Officials. Currently, in all cases, not only are these monitoring tasks tedious, costly, or impossible using current methods, but they require humans to place themselves in remote environments; working at risk, in known danger zones.

As a result, pursuant to federal regulations and company policy, our clients’ inspectors and monitoring employees routinely place themselves in harms way to perform their duties. At present, this work is done primarily by company personnel in motor vehicles, on foot, and/or using specialized equipment. This is often a labor

-intensive and sometimes arduousjob. Whileour clients claim to make these inspections as safe as possible, there is an

irreducible element of risk involved whenever employees are required to perform these tasks. Employees are often required to utilize manned aircraft with several individuals onboard during harsh weather, high wind conditions. Flooded areas require motor vehicles or manned aircraft to inspect quickly changing conditions asthey occur, in orderto notifythe public ofa potential evacuation or emergency situation. The ability to detect quickly changing conditions in remote areas, before an emergency situation occurs is vitally important to the public’s safety, health, and property. The vast majority of these tasks are performed in remote locations, which puts humans in at

-risk areas, further away from medical treatment or cellular communication capabilities. While the use of UAS for supplemental land management and environmental evaluations would not eliminate these risks entirely (as it is an additive safety measure), it would reduce the risks to employees by allowing for remote aerial monitoring. Additionally, the sheer acreage of virtually uninhabited or inaccessible land across widely varying terrain presents many other safety and logistical challenges.

Aerial analysis by traditional unmanned fixed wing aircraft is impractical for
some applications due to the required altitudes for safe flight, which reduce imaging capabilities below meaningful levels

– it is simply not possibleto see all geographical anomalies from such heights with current technology. Helicopters present better vantage points; however manned helicopters are much more costly, subject to humansafety risks and carry highly explosive jet fuel, makingthem impracticalfor deployment. By using UAS for supplemental asset evaluation, Mountain Drones will substantially upgrade the capacity to detect and address issues within the Areas of Public Interest by providing clients with a tool that prevents the unnecessary safety risks involved in performing these duties. Thus, the use of UAS has the potential to improve efficiency, resulting in faster and safer delivery of real

-time environmentalcondition data, conservation planning and monitoring, as well as providing

energy & natural resources availability which are vital to the U.S. economy.
**Granting an Exemption will not Adversely Affect Safety**

Mountain Drones notes that there is no applicable standard for an equivalency determination. Some have argued that the appropriate standard is that for model aircraft, noting that their operations, if conducted for recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between model aircraft operations governed by the Academy of Model Aeronautics and the operations contemplated by Mountain Drones. Similarly, it is clear that equivalency cannot be established for traditional, manned civil aircraft because the design and use profiles between traditional aircraft and UAS are simply too different. As such, we believe it makes more sensetofocus onwhy Mountain Drones’ contemplated operationswould not adversely affect safety, solely required by §11.81(e).
Granting an exemption will not adversely affect safety. Mountain Drones contemplates conducting UAS operations over client owned or controlled land, solely during daylight hours, at altitudes well below that which would pose a risk to other aircraft. In general, UAS operations are intended to be conducted in areas distant from both congested areas and airports. Moreover, because ofthe inherent risks presented by standard infrastructure operations,
our clients have already taken steps to secure property against unauthorized public access. For example, conservation land management organizations, ski resorts, the Forestry Service, among others, are either fenced, clearly marked with signs restricting public access, or monitored by employees for permitted visitor entry and exit. Although some areas, like ski resorts do attract a high volume ofvisitors at times, thevast majority of Mountain Drones’ operations
are conducted in areas that are uninhabited or rarely visited. In the exampleof ski resorts, it should be noted that operations will be conducted during

daylight hours at times when mission can be conducted most safely: before and after ski lifts open and close

. Other long stretches of land are, as noted above, in very remote wilderness areas. The nature of operations anticipated by Mountain Drones requiresthatthe UAS beflownat relatively lowaltitudes and relatively low speeds. Mountain Drones expects that in most instances, the UAS will be flown within 200 feet of the highest structure or terrain feature within relative proximity to the mission path. Accordingly, the risk of interference with another aircraft is minimal. Mountain Drones also plans to conduct UAS operations at least three miles from any public airports (including heliports). In the event an operation needs to be conducted closer toan airport, Mountain Drones will inform the airport operator and airport air traffic control tower of the contemplated operation and will comply with any directions issued by air traffic control at that airport.
Approval of exemptions allowing commercial operations of UAS’s in Environmental Areas of Public Interest will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs. carrying large amounts ofjet A or other fuel (140 gallons forjet helicopters). Such aircraft must fly to and from the inspection site. In contrast, a UAS weighing fewer than 55 lbs.and powered by batterieseliminatesvirtuallyallofthat riskgiven the reduced mass and lack of combustible fuel carried on board. The UAS is safely transported to the relative area ofthe the inspection site.The UAS will
carry no passengers or crew and, therefore,will not expose employeestothe risks associated with manned aircraft flights.

The operation of small UAS’s, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safetysupporting the grant of the exemptions requested herein, including 333

Aircraft Exemption Status exempting the applicant from conventional aircraft requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, closetothe ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

The safety of non-essential personnel and the general public is protected by security measures that prohibit any individual or non

-essential personnel from entering the pre-determined mission area without the permission of the company. Security will be established for the flight area as part of the preflight control. Each individual permittedwithin the secure areawill be briefed
on the mission and safety protocols prior to flight and will consent to being in the operational area. All others will be excluded from the area.

Mountain Drones initially intendsto use a dedicated stafffor UAS operations. All operations will be within visual line

-of

-sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC will conduct at least three take

-offs and landings with the UAS onwhich he or she is trained every 90 days. PIC’s will establish their qualifications thru a combination of aeronautical knowledge, UAS airmanship skills, and verification through testing of flight ability before infrastructures operations have commenced. Depending on the type of operation, additional ground

-based visual observers may be employed as well. These observers will be within constant visual line of sight and in constant contact with the PIC. The visual observers will assist the PIC in avoiding objects near the UAS

.
There are no standardsfor either Private or Commercial UAS pilot certificates. The safe operation and control of the UAS as described in this application does not depend on the type of FAA license held by the PIC. Given therestricted and controlled airspace within which operations will take place, the

key factors needed by the PIC are knowledge of the airspace within which the operationwilltake placeand howthatairspacefits intothe NationalAirspace System (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge ofthefactors and skills neededfor the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumedthat a commercial pilot, approvedto operate a helicopter
or fixed wing aircraft, has the skill or ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre-approved airspace. Besides knowledge of airspace regulations, dexterity in the control and operation of the UAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safety.
If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today to accomplish the same mission, and (3) what precautions will be taken to ensure the safety of those in the
area of operation.We propose that the PIC has at least an FAA Private Pilots Certificate and a Class III medical; the aircraft be operated within a secure environment; and that no one be allowed to enter the secure environment unless they are part of the operation, have been fully briefed of the risks prior to operation of the UAS, and have consented to the risks associated with being in the operating area. Should there be an incident, the UAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft currently being employed due to their small size, battery power as opposed to combustible fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in stark contrast to conventional aircraft thatare flown to the site, carry explosive fuel, carry passengers and crew, and

operate in a much larger area.

From a practical standpoint, there are relatively few licensed full

-scale aircraft pilots who are also qualified to fly the type of UAS that are utilized for Environmental Areas of Public Interest operations. There are even fewer commercial pilots that can fly these UAS

– to the point that to possess both skills is considered rare. Assuming that it is unlikely for a company to find a pilot that has bothqualifications, that company would either have to source a qualified UAS pilot to train and obtain a commercial certificate, or find a commercial certificated pilot who would be willing to learn to fly a UAStothe competency level required for professional use.

**Minimum requirements for the PIC include:**

1. Private Pilot’s license and a Class III medical; 2. A minimum of 200 flight cycles and 25 hours of total time as
a UAS rotorcraft pilotandat least 10 hours loggedasa UAS pilot with a similar UAStype (single blade or multirotor); 3. A minimum of 5 hours as UAS pilot with the make and model of UAS to be utilized for operations under the exemption and 3 take offs and landings inthe preceding 90 days; 4. Have undergone a qualification process as specified in the Flight Operations & Procedures Manual consisting of a knowledge & skill test of the aircraft to be used.

Another consideration supporting the certificate requirement is that pilots holding a private pilot certificate are subject to security screening by theDepartment of Homeland Security. This requirement should ameliorate

security concerns over UAS operations under this exemption.

Mountain Drones intends to use commercially available UAS platforms and componentsfor UAS

.These UAS systemswill betestedfor quality & safety in
our test facility before being deployed to the field. The UAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area.We have a routine maintenance scheduletoverifythat the UAS will remain in safe and operational condition. Please seeAppendix B, for Specific Types ofUAS

.
**Notes Regarding: 14 C.F.R. Part 21, Subpart H** Inaccordancewiththe statutorycriteria provided in Section 333of PL 112

-95 in reference to 49 USC 44704, and in consideration of the size,weight, speed, and limited operating area associated with the aircraft and its operation, we request that this aircraft exemption meets the conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary. **Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft** Given the size of the UAS, two

-inch lettering will be impossible. UAS will be identified by serial number, registered inaccordance with 14 CFR part 47, and have identification (N

-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.
**Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness** Mountain Drones’ request is based on the fact that no airworthiness certificate will be issued for the UAS

. Mountain Drones’ UAS will not require
an airworthiness certificate in accordance with 14 CFR part 21, Subpart H.Based on the fact that an airworthiness certificate will not be issued,

exemption from § 91.7(a) is not necessary.

**Notes Regarding:**  **14 CFR**  **§ 91.9(b)(2)**  **Civil aircraft**  **flight manual,**  **marking & placard**  Certifications required, the original intent of these regulations was to display
an aircraft’s airworthiness, certification, and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary.

**Notes Regarding:**  **§91.109 Flight**  **instruction; Simulated**  **instrument &**  **certain flight tests** Small UASs, 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. Aircraft being considered for use by Mountain Drones allowthe UAS Instructor to placethe aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode thatthen allows the instructorto bringthe aircraft back into control and back to the predetermined and/or safe landing location.

Mountain Drones does not describe training scenarios in which a dual set of controls would be utilized or required, i.e. dual flight instruction, provided by
aflight instructor or other company-designated individual,thatwould require that individual to have fully functioning dual controls. Rather, Mountain Drones evaluates the qualification of its PICs based on their experience withthe UAS to be operated and verifies through testing, in lieu of formalized

training. As such, Mountain Drones does not seek relief from 14 CFR § 91.109.
**Notes Regarding § 14 CFR 91.119(b)** Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because Mountain Drones’ operations will only be conducted within the secured area described herein.
**Technology Considerations:** Best

-in

-class, tried and proven technologies that are in advanced iterations. Software from highly

-reputable industry partners will include the following features

- 1. Auto descent (landing) if communication signal were to be severed. If the UAS loses communications, the UAS will have capability to return to a pre

-determined location within the Security Perimeterand land. 2. Auto descent (landing) if the battery were to drop lower than predetermined (programmed) nominal level. 3. Flights will be terminated at 25% battery power reserve. 4. Livevideofor operatorgives real

-time positioningfeedback (POV).This is defined by the ability to monitor a scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation. 5. The UASwill have the capability to abort a flight in case of unpredicted obstacles or emergencies. 6. On

-Screen

-Display (OSD) contains operating information to ascertain vehicle health at all times: speed, altitude, number of GPS satellites (when available), heading and voltage. 7. GPS lock supplies for return

-to

-home (RTH). Should Command and Control (C2) link failures occur (highly improbable), vehicle returns automatically to the point of launch. 8. Altitude information will be provided to the UAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to aground

-based on-screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.
**Mechanical/Physical:** 1. Mountain Droneswillflywithin line

-of

-sight (LOS)only.Thevehiclewill always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behindobjects/walls). 2. The UASwill weigh less than 55 lbs and travel at less than 50 knots. 3. Batteries should far exceed the capacity required for actual flight time. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Fireproof bagsfor storage and charging of high capacity Lipo batteries
on-site. For off

-site (pre

-mission) charging, a fully

-enclosed vented concrete battery “bunker” will be utilized for increased safety during charging. 6. UAS operated under this exemptionwill be marked in accordancewith 14 CFR part 45 or as otherwise authorized by the FAA.

**Personnel:** 1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, director) 2. Radio spectrum analysis for interference on the frequencies utilized for vehicle control/communication. 3. A briefing will be conducted in regard to the planned UAS 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.4. The operatorwill obtainthe consent ofall persons involved inthe UAS operations and ensure that only consenting persons will be allowed within 100 feet of the flight operations. 5. Observer and pilot will at all times be able to communicate by voice. 6. Written and/or oral permission from the relevant property holders will be obtained. 7. Pilotandobserverwill have beentrained in operationof UAS generally and received up-to

-date information on the particular UAS to be operated.
**Opera tions:**  1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of any other aircraft will require a new petition or a petition amendment to this request. 2. The UA may not be flown at a ground speed exceeding 50 knots. 3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL. 4. 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 otherthan corrective lenses, as specified onthe PIC’s FAA

-issued medical certificate. 5. All operations must utilize avisual observer (VO).TheVO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VOand PIC must be able to communicate verbally at all times. 6. The operator’s manual included as Appendix C and this petition of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between theconditions and limitations in this exemption and the procedures outlined inthe operator’s manual,the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual. Theoperator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS

-80) may be contacted if questions arise regarding updates or revisions to the operator’s manual. 7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any UAS that has undergone maintenance or alterationsthat affectthe UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual. 9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. When unavailable, aircraft maintenance/component/ overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, requirements for the following must be included in the operator’s manual:

 Actuators / Servos;

 Transmission (single rotor);

 Powerplant (motors);

 Propellers;

 Electronic speed controller;

 Batteries;

 Mechanical dynamic components (single rotor);

 Remote command and control;

 Ground control station (if used); and

 Any other components as determined by the operator;
10) The Pilot In Command (PIC) must possess at least a private pilot certificate and at least a current third

-class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 11) Prior to operations conducted for the purpose of Environmental Areas of Public Interest missions, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours oftotal time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience

-building flights can also be conducted underthis petition ofexemptionto accomplishthe requiredflight cycles and flight time. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 12) Prior to operations conducted for the purpose of Environmental Areas of Public Interest monitoring, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take

-offs and three landings in the preceding 90 days. Training, proficiency, experiencebuilding, and take

-off and landing currency flights can be conducted underthis petition ofexemptionto accomplishthe required flight time and 90 day currency
. During training, proficiency, experience

-building, and take

-off and landing currency flights all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 13) Prior to any flight operations authorized by this petition of exemption, the PIC and VO must have successfully completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated atthe sole discretion of the operator.A record of completion ofthis qualification process must be documented and made available to the Administratorupon request. 14) Prior to operations conducted for the purpose of Environmental Areas of Public Interest monitoring, a flight demonstration, administered by
an operator

-approved and

-qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by theAdministrator. Because the knowledge and airmanship test qualifications have been developed by the operator,and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of company designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual. 15) The UA may not be operated directly over any person, except authorized and consenting personnel, below an altitude that is hazardousto persons or property onthe surface inthe event ofa UAS failure or emergency. 16) Regarding the distance from participating persons, the operator’s manual has safety mitigationsforauthorizedand consenting personnel. At all times, those persons must be essential to the operations. 17) Regarding distance from nonparticipating persons, the operator must
ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the Environmental Areas of Public Interest monitoring operations. This provision may be reduced to no less than 200 feet if itwould not adversely affect safety andtheAdministrator hasapproved it. For example,an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the Environmental Areas of Public Interest monitoring an area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident. 18) If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the security perimeter and land or be recovered in accordance with the operator’s manual. 19)The UAS must aborttheflight inthe event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 20) Each UAS operation must be completed with 25% battery power remaining. 21) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting anyoperations under this petition of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 22) All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47,and have identification (N

-Number) markings inaccordancewith 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23) The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service ofthe UAS

. These procedures must be added to the operator’s manual. 24) Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 25) The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual. 26) The preflight inspection section in the operator’s manual must be amendedto includethefollowing requirement:The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual. 27) Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28) At least three days before scheduled Environmental Areas of Public Interest monitoring, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed Environmental Areas of Public Interest monitoring. The 3

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

 Dates and times for all flights;

 Name and phone number of the operator for the UAS in Environmental Areas of Public Interest monitoring operations conducted under this petition of exemption;

 Name and phone number ofthe person responsible for the onscene operation of the UAS;

 Make, model, and serial or N

-number ofs UAS to be used;

 Name and certificate number of UAS PICs involved in the Environmental Areas of Public Interest monitoring event;

 A statement that the operator has obtained permission from property owners and/or local officials to conduct the Environmental Areas of Public Interest monitoring event; the list of those who gave permission must be made available to the inspector upon request;

 Signature of exemption

-holder or representative; and

 A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which Environmental Areas of Public Interest monitoring will be conducted and the altitudes essential to accomplish the operation

. 29) The documents required under 14 CFR §§ 91.9 and 91.203 must be availabletothe PIC atthe Ground Control Station ofthe UAS anytime the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 30) The UA must remain clear and yield the right of way to all other manned operationsandactivitiesatalltimes (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).31) UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 32) The UAS may not be operated by the PIC from any moving device or vehicle. 33) 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. 34) The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non-towered airport as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 35) Any incident, accident, or flight operation that transgresses the lateral
or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS

-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

-80 and authorization to resume operations is provided.**REGULATION DESCRIPTION**  **SAFETY EQUIVALENT**

91.9(b)(2) Civil aircraft flight

manual, carried on aircraft Manual will be carried by operator(s) on ground at control station.
91.9(c) Civil aircraft marking in

accordance with FAR 45 Unmannedsystem will be marked with serial number and N Number

91.103(b)(1) Preflight action, use of

takeoff and landing distance data Preflight actions and checklists have been implemented based on manufacturer recommendations.

91.103(b)(2) Preflight action, use of

performance data if no flight manual is required All employees will be trained on pre-flight actions and have access to operator’s manual

91.105(a)(2) Flight crewmembers at

stations, seat belt fastened All crewmembers will be aware of, and able to perform their onsite mission duties.91.109(a) Flight instruction, dual controls required Flight simulators and a UAS training program have been implemented

91.151(a)(1) Fuel requirement VFR,

day, 30 min. Battery systems will be fully charged prior to flight. Low Battery indicators are installed on the aircraft 91.151(a)(2) Fuel requirement VFR,

night, 45 min. Not applicable. Night operations will not be conducted

91.151(b) Fuel requirement VFR,

rotorcraft, 30 min. Battery systems will be fully charged prior to flight. Low Battery indicators are installed on the aircraft

91.203(a)(1) Civil aircraft:

certifications required, airworthiness certificate on board Appropriate documentation will be available with operations crew on site.

91.203(a)(2) Civil aircraft:

certifications required, registration certificate on board Appropriate documentation will be available with operations crew on site.

91.203(b) Civil aircraft:

certifications required, display airworthiness certificate in cabin Appropriatedocumentation will be available with operations crew on site.

91.207(a)(2) Emergency locator

transmitters, attached to the airplane No ELT is available for an unmanned system this size. All operation will be conducted within line of sight to operators toensure no loss of visual contact91.211(a) Supplemental oxygen for flight crew Does not apply

91.405(a) Maintenance required,

inspection of aircraft All maintenance of unmanned system will be conducted as specified by the manufacturer. Maintenance will be documented on flight manual which will be in possession of operators at all times.

91.405(b) Maintenance required,

documentation and return to service All maintenance of unmanned system will be conducted as specified by the manufacturer. Maintenance will be documented on flight manual which will be in possession of operators at all times.

91.407(a)(1) Operation after

maintenance, return to service byappropriate person All maintenance of unmanned system will be conducted as specified by the manufacturer. Maintenance will be documented on flight manual which will be in possession of operators at all times.
91.409(a)(1) Inspections, annual,

within preceding 12 months No flight instruction for hire will be performed.

91.409(b) Inspections, 100 hour,

if flight instruction for hire is provided All maintenance of unmanned system will be conducted as specified by the manufacturer. Maintenance will be documentedon flight manual which will be in possession of operators at all times.

91.417(a) Maintenance records

to be maintained by owner or operator All maintenance of unmanned system will be conducted as specified by the manufacturer. Maintenance will be documented on flight manual which will be in possession of operators at all times.