Reed Smith LLP 1301 K Street, N.W. Suite 1000 - East Tower Washington, D.C. 20005-3373 Tel +1 202 414 9200 Fax +1 202 414 9299 reedsmith.com Courtney R. Bateman Direct Phone: +1 202 414 9265 Email: CBateman@reedsmith.com

ABU DHABI  ATHENS  BEIJING  CENTURY CITY  CHICAGO  DUBAI  FRANKFURT  HONG KONG  HOUSTON  KAZAKHSTAN  LONDON  LOS ANGELES  MUNICH  NEW YORK  NORTHERN VIRGINIA PARIS  PHILADELPHIA  PITTSBURGH  PRINCETON  RICHMOND  SAN FRANCISCO  SHANGHAI  SILICON VALLEY  SINGAPORE  WASHINGTON, D.C.  WILMINGTON

US_ACTIVE-123736588.1-CRBATEMA 09/25/2015 1:06 PM September 22, 2015

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

Dear Sir or Madam:

Re: Razor Precision Inc.’s Request for Exemptio n from Certain Regulations per Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Razor Precision, Inc. (“Razor Precis ion”) hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow business use (commercial operation) of its sUASs, so long as such operations are conducted with in and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

INTRODUCTION

Razor Precision, Inc. seeks to opera te sUAS for aerial data collection. In support of its application, Razor Precision submits confidentiall y a Flight Operations Manual and flight Manuals for the Sensefly eBee Ag, DJI Phantom 2, and DJI Inspire 1. To the ex tent anything in this letter conflicts with the Flight Operations Manual or flight manuals, those documents control.

Specific Regulations for which an exemption is sought:

14 CFR 61.113 (a) 14 CFR 91.151 (a) 14 CFR 91.7 (a) 14 CFR 91.405 (a) 14 CFR 91.119 (b) & (c) 14 CFR 407 (a) 14 CFR 91.121 14 CFR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)September 22, 2015 Page 2

I. RAZOR PRECISION, INC.’S OPERATIONS DO NOT POSE SIGNIFICANT HAZARDS

The sUAS’s utilized by Razor Precision are electric multi-rotor craft and electric fixed wing craft, weighing less than 55 lbs. including payload. They operate at a speed of no mo re than 87 kts (100 miles per hour) and have the capability to hover, and/ or move in a vertical and horizontal plane simultaneously. They will only be operated as visu al line of sight (VLOS), remain under 400 ft. above ground level, or no more than 50 ft., above the structur e being inspected, if that structure exceeds 400 ft. the sUASs will operate only with permission of involved property owners and/or governmen t officials. During the proposed data collection operation, the site will be secured, and non-part icipants will be kept at least 500 feet away from operatio n, unless barriers or structures pr esent that sufficiently protect nonparticipants from debris in the event of an accident.

Razor Precision has drafted, and submits confidentia lly, a Flight Operations Manual, which discusses safety consideration, training and general operati ng procedures for the proposed operations. Razor Precision also submits confidentiall y, sUAS Aircraft Flight Manuals which set forth the specifications, inspection and setup of the sUAS intende d for use in the proposed operations.

II. RAZOR PRECISION, INC’S. PROPOSED OP ERATIONS ARE IN THE PUBLIC INTEREST

The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are substantially similar to those proposed herein. Docket N o. FAA-2014-0884 (used March 6, 2015). In issuing the grant, the FAA noted that “the enhanced safety and reduced environmental impact achieved using a UAS with the specifications descri bed by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportion, 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 interest.” Accordingly, Razor Precision respectfully requests that the FAA grant the requested exemption without delay.

III. EQUIVALENT LEVEL OF SAFETY

Razor Precision proposes th at the exemption requested herein appl y to civil aircraft that have the characteristics and operation with the limitations list ed herein. These limitations, as listed below, provide for at least an equivalent or even higher level of safety to operations under the current regulatory
structure.

These limitations and conditions to which Razor Precision agrees to be bound when conducting commercial operations under an FAA issued exemption include:

The sUAS’s utilized by Razor Prec ision will weigh less than 55 lbs.

Flights will be operated during da ylight hours, in visual meteor ological conditions, and within visual line of sight (VLOS) of the pilot of the sUAS.September 22, 2015 Page 3

All operations will utilize a visual ob server in addition to the operator.

Maximum total flight time for each operations fli ght will be approximately 30 minutes, or when the sUAS reaches 25% battery power.

As noted, non-participants will be kept at least 500 feet away from operation, unless barriers or structures are present that sufficien tly protect non-participants form de bris in the event of an accident.

IV. EXEMPTIONS REQUESTED

14 C.F.R. §61.113(a) and (b): Private vs. Commercial Pilot Certificates

Sections 61

. 1 13(a) and (b) prohibit non-commercially rated pilots from operating an aircraft for compensation or hire

. Razor Precision proposes that its pilots will have at least a sport or recreational pilot's certificate, and a medical certificate or a valid United States Driver’s License. Its operations will be limited to controlled areas as reflected in Razor Precision’s Flight Operations Manual. For the reasons set forth in the FAA’s grant of an exemption to Astraeus Aerial, Razor Precision does not believe a commercial pilot certificate is necessary for the operations it intends to conduct. See, e.g.

, In the matter of the petition of Astraeus Aerial

, Exemption No. 1 1062 (issued Sept. 25

, 2014). For those reasons

, Razor Precision requests an exemption from 14 C.F.R

. §61.1 IJ(a) and (b).

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

Section 91. 7 prohibits operation of an unairworthy aircraft

, and places responsibility for airworthiness determinations on the pilot in command. The sUASs will not have an airworthiness certificate, and there is no FAA r egulatory standard for determin ing airworthiness of the sUASs

. Additionally, Razor Precision’s operating documents set forth inspection and maintenance procedures to ensure airworthiness. For these reasons, and in accordance with the FAA' s grant of an exemption from §91 .7 to Total Safety U.S.

, I nc., Razor Precision requests an exemption from 14 CFR. §91.7(a). See, e

. g. , I n the matter of the petition of Total Safety U

. S., Inc.
, Exemption No. 11156 (issued Jan. 29

, 2015).

14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9 l. ll 9(b) prohibits aircraft in congested areas from flying less than 1

, 000 feet a bove the highest obstacle within a horizontal radius of 2,000 feet of the aircraft

. To the extent that the structures that Razor
Precision would be inspecting are considered to be in " congested areas ,'' 1 Razor Precision’s operational procedures, and the size, weight and speed of the sUAS, provide an equivalent leve l of safety such that operations at lower altitudes should be allowe d. As described in its Flight Operations Manual, Razor Pr ecision will establish a 500 ' buffer / sterile area for its operations that will exclude personnel not associ ated with the operations. Razor Precision will also exercise additional control over the steril e area as needed, as set forth in the Manual. Consequently

, RazorSeptember 22, 2015 Page 4

Precision believes thes e procedures will reduce or eliminate any potential adverse impacts to safety for operations in congested areas. Razor Precision therefore requests an exemption from 14 CFR § 91.119(b).

Section 91.119 (c) prohibits operations in other than congeste d areas below 500 feet above the surface

, or closer than 500 f eet to any person, vessel, vehicle or structure. As this exemption is for sUASs that fly similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 ft. AGL (or no more than 50 ft. above th e structure being inspected, if taller than 400 ft.)

, an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, and s peed of the UAS as well as the location where it is operated. As d iscussed above, Razor Precision’s Flight Operations Manual provides for establishment of a sterile area

, included safety buffers of 500 feet for personnel not associated with the operation

. A 100-foot safety buffer will be in place for authorized personnel associated with the operation, unl ess the PIC determines a reduced buffer is essential to the current operation. Raz or Precision therefore requests an exemption from Section 91.119(c) for all authorized personnel associated with the operation.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircra ft to maintain cruising altitude by reference to an altimeter that is set "

. .. to the elevation of the departure airport or an appropriate altimeter setting available before departure

. " As the sUASs may not have a barometric altimeter

, but instead a GPS altitude read out

, an exemption may be n eeded.

14 C.F.R. §91.lSl (a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "a flight in an airp l ane under VFR conditions unless (conside ring wind and forecast weathe r conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed - (l) 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."

Maximum total flight time for each operationa l flight will be approximately 30 minutes. Flights will be safely landed when the battery falls below its nominal voltage

, should that occur prior to completion of the operation. The sUASs Razor Precision proposes to use all have a Low Voltage Warning, which alerts when the battery reaches pre-determined levels. This battery level would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area when the Low Voltage Warning alerts

. For these reasons, Razor Precision reque sts an exemption from 14 C.F

. R. §91. 1 5l (a). Similar exemptions have been granted to other operations

, including Exemptions 2689F

, 5745

, 10673

, and 10808.September 22, 2015 Page 5

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b ): Maintenance In s pection s

These regulations require that an aircraft operator or owner " shall have that aircraft inspected as prescribed in subpart E of this part and shall betwee n required inspections

, except as provided in para graph (c) of this section

, have discrepancie s repaired as prescribed in part 43 of this chapter ...

, " and others shall inspect or maintain the aircraft in compliance with Part 43.

As provided in Razor Precision’s Operations Manual

, the operator will ensure that the UAS is in working order prior to initiating flight

, perform required maintenance and inspections, and keep a log of any maintenance performed.

V. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration just issued a number of exemptions for UAS operations in filming of movies. In those exemptions, th e agency noted that exemptions from certain regulations were not necessar y, due to "the size, weight, speed and limited operating area associated with [the UASs] and its operation."

Based upon the FAA's guidance, and the fact that Razor Precision’s sUASs are similar in size or smaller than those pr oposed by the film-making industry

, Razor Precision believes exemptions from the following regulations are not necessary:

14 C.F.R. Part 2 L Su bpart H: Airworthiness 14 C.F.R. §45.23 (b) Marking of the Aircraft 14 C.F.R. §91.7(b) : Civil aircraft airworthiness 14 C.F.R. §91.109: Flight Instruction

Razor Precision also believes that an exemption from 14 C.F.R. §91.103: Preflight Action, is not necessary. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safety will be provided as set forth in the operating documents submitted as part of this request.

The FAA has previously found that a dherence to procedures contained in an applicant's operating documents demonstrate compliance with §91 .1 03

, and therefore an exemption from the regulation was not necessary. See

, e.g. , In the matter of the petition of Total Safety U

. S. Inc.

, Exemption No

. 11156 (issued Jan

. 29

, 2015).

As detailed in its operating documents, Razor Precision’s PI C will take all actions including reviewing weather

, flight battery requirements, l anding and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of theSeptember 22, 2015 Page 6

flight. Consequently

, in light of the agency's prior finding in Total Safety U.S., Inc.

, Razor Precision does not believe an exemption from 14 C.F .R. §91.103 is necessary.

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:

Razor Precision, Inc. seeks an exemption from the following rules:

14 C.F.R. §61. ] 13(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121 ; 91.151(a); 91.405

(a) ; 9 1. 407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial data collection.

Approval of exemptions allowing commercial operations of sUASs for these operations will enhance safety by reducing risk. Conventional means for performing data collection on elevated structures and other property require ladders

, ropes, aerial lifts, or using conventional helicopt ers operating at extremely low altitudes over the subject structure being photographed. These convent ional means all pose risks to persons and property.

In contrast, an sUAS weighing less than 55 lbs. and powered by batteries

, e li minates virtually all of that risk g iv en the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the project site and not flown. The sUAS will carry no passengers or crew and

, therefore

, will not expose them to the risks associated with manned

a ir craft flights

, ground-based aerial lift (bucket truck) operations

, or manual climbing and inspection operations.

The operation of small UASs

, weighing less than 55 lbs., conducted in the strict conditions outl in ed above

, will provide an equivalent level of safety supporting the grant of ten exemptions req uested herein, including exempting Razor Precision, Inc. from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to the ground, and

, as a result, are far safer than conventional alternatives.

Privacy

All flights will occur over private or controlled access property with the property owner's prior consent and knowledge

. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2 012 -- size

, weight

, speed, operating capabilities, proximity to airports and populated area s and operation withinSeptember 22, 2015 Page 7

visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Razor Precision’s sUASs to conduct aerial data collection.

Sincerely,


# Courtney Bateman
Courtney R. Bateman

CRB:lsj