Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

1 Petition for:

Rodney G Schmidt Secher Site Specific LLC.

2299 W Sanilac Rd Sandusky, MI 48471

The petitioner requests relief from the following r egulations:

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CF R Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 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 ).

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restri cted or light-sport category aircraft or experiment al or provisionally certificated aircraft, the operato r must also display on that aircraft near each entr ance 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,” “expe rimental,” or “provisional,” as applicable.

Section 61.113(a) and (b) prescribes that—

(a) No person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property fo r compensation or hire; nor may that person, for compensation or hire, act as pilot in command o f an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

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

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

Section 91.7(a) prescribes that no person may opera te a civil aircraft unless it is in an airworthy

condition.

Section 91.7(b) prescribes that the pilot in comman d of a civil aircraft is responsible for determinin g whether that aircraft is in condition for safe flig ht and that the PIC shall discontinue the flight wh en mechanical, electrical, or structural conditions oc cur.Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

2 Section 91.9(b)(2) prohibits operation of U.S.-regi stered civil aircraft 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.

Section 91.109(a) prescribes, in pertinent part, th at no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully function ing

dual controls.

Section 91.119 prescribes that, except when necessa ry for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area o f a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those ca ses, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or st ructure.

(d) Helicopters, powered parachutes, and weight-shi ft-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the m inimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopter s by the FAA; and

(2) A powered parachute or weight-shift-control air craft may be operated at less than the minimums prescribed in paragraph (c) of this sectio n.

Section 91.121 requires, in pertinent part, each pe rson operating an aircraft 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 depa rture.”

Section 91.151(a) prescribes that no person may beg in a flight in an airplane under VFR conditions unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first poi nt of intended landing and, assuming normal cruising s peed, (1) during the day, to fly after that for at least 30 minutes [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it h as within it (1) an appropriate and current airworthin ess certificate; and (2) an effective U.S. registra tion certificate issued to its owner or, for operation w ithin the United States, the second copy of the Aircraft registration Application as provided for i n § 47.31(c).Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

3 Section 91.203(b) prescribes, in pertinent part, th at no person may operate a civil aircraft unless th e airworthiness certificate or a special flight autho rization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that airc raft inspected as prescribed in subpart E of the same pa rt and shall, between required inspections, except as provided in paragraph (c) of the same section, h ave discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebu ilding, or alteration unless it has been approved for return to service by a person authoriz ed under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chap ter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep th e following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and other req uired or approved inspections, as appropriate, for each aircraft (including the airfr ame) and each engine, propeller, rotor, and appliance of an aircraft. The records mu st include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of ea ch airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time b asis.Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

4 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compl iance, the AD or safety

directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when the next a ction is required.

(vi)Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the followin g records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of th is section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of th is section shall be retained and

transferred with the aircraft at the time the aircr aft is sold.

(3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

The petitioner supports his request with the follow ing information: The petitioner has provided the following informati on – contained in his petition and supporting documentation including: 1). AMA Safety Guidelines 2). Phantom 2 Vision Quick Start Guide (EN) v1.0; 3). Phantom 2 Vision User Manual (EN) v1.6; 4 ). Smart Flight Battery Safety Guidelines (EN, FR, DE and JP); 5). Phantom 2 Vision Pilot Training Guide v1.0; 6). Local Aeronautical Chart. 7). 540D “See and Avoid” Guidance

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, th e PHANTOM 2 Vision, which is comprised of an unmanned aircraft (UA or PHANTOM 2) and a transport able ground station. The PHANTOM 2 is referred to as a quad-copter with a maximum gross w eight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered b y batteries and includes a factory installed high resolution camera. The UA has a maximum airspeed o f 30 knots. Petitioner proposes to abide by to ensure this exemption will provide a level of safet y at least equal to existing rules from the AMA National Model Aircraft Safety Code and 540D “see and avoid” guidance.

The petitioner states that given the size, weight, speed, and limited operating area associated with t he aircraft to be utilized by him, an exemption from 1 4 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certificati ons required), subject to certain conditions and limitations, is warranted and meets the requirement s for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333 ).Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

5 Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, petitioner states that he will mark his UAS in the largest possible lettering by placing the word “Exp erimental” on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a sp otter will see the markings. The petitioner states that an exemption from §§ 91. 405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they on ly apply to

aircraft with an airworthiness certificate. However , the petitioner states as a safety precaution he w ill perform a preflight inspection of his UAS before ea ch flight as outlined in his operating documents.

UAS Pilot in Command (PIC)

Regarding PIC private pilot privileges and limitati ons and commercial pilot privileges and limitations, the petitioner states its proposed ope rations meet the requirements of N 8900.227 paragraph 16.c.(2)(c), operations without a pilot c ertificate, in which the PIC is required to complet e FAA private pilot ground instruction and pass the F AA private pilot written examination. According to the petitioner, because there are currently no m eans available for the pilot of a UAS to gain the experience in an equivalent category and class in o rder to apply for a commercial pilot certificate, i t would generate an equivalent level of safety by req uiring its pilots to complete, at a minimum, the FAA commercial pilot ground instruction and pass th e FAA commercial pilot written examination. The petitioner states that since pilot training is night and day different between RC/UAS flight training he requests to be exempt from private pilo t flight instruction and be required to take a FAA approved UAS flight training course when available. The petitioner asserts because the UAS cannot carry passengers or property, its UAS pilots would meet the intent of § 61.113(b) even though its request for exemption is to conduct a business.

Regarding UAS operational training, the petitioner states he has flown numerous practice flights in remote areas as a hobbyist simulating flights for f uture commercial use to gain familiarization with the characteristics of his UAS’ performance under d ifferent temperature and weather conditions. He further states that he practices computerized simul ated flights to maintain adequate skills and response reflex time.

UAS Operating Parameters

The petitioner states that he will abide by the fol lowing additional operating conditions under this exemption:

a) operate his UAS below 300 feet and within a radius distance of 900 feet from the controller to both aid in direct line of sight visual observat ion;

b) operate the UAS for 15-20 minutes per flight;

c) begin safe landing procedures when UAS reaches a 25 % level of battery power;

d) operate his UAS only within visual line of sight (V LOS);Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

6 e) use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

f) conduct all operations under flight safety protocol s and will actively analyze flight data and other sources of information to constantly update a nd enhance his safety protocols;

g) contact respective airports if operations will be w ithin 5 miles to advise them of his estimated flight time, flight duration, elevation of flight a nd other pertinent information;

h) always obtain all necessary permissions prior to op eration; and

i) have procedures in place to abort flights in the ev ent of safety breaches or potential danger.

Petitioner states that § 91.7(a) prohibits the oper ation of an aircraft without an airworthiness certificate. The petitioner asserts that since ther e is currently no certificate applicable to his operation, this regulation is inapplicable.

Petitioner states that § 91.9(b)(2) requires an air craft flight manual in the aircraft, however since there are no pilots or passengers on board his airc raft and given its size, this regulation is inapplicable. He further indicates an equivalent le vel of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

Similarly, the petitioner requests an exemption fro m § 91.109 Flight instruction; simulated instrument flight and certain flight test, and provides no information indicating how safety w ill be maintained if an exemption to this section is grant ed.

With respect to operating altitudes, the petitioner requests an exemption from the minimum safe altitude requirements in § 91.119. The petitioner n otes the regulation provides that over sparsely populated areas the aircraft cannot be operated clo ser than 500 feet to any person, vessel, vehicle, o r structure. The petitioner maintains because the air craft will be operating at a maximum of 400 feet AGL, it cannot comply with this requirement. The pe titioner proposes to provide an equivalent level of safety by only flying over private property with the permission of the landowner. The petitioner states the landowner will be briefed on the expecte d route of flight and the associated risks to perso ns and property on the ground. The petitioner asserts that because of the small size of the Phantom 2, the hazard to persons, vessels, vehicles, and struc tures is not comparable to manned aircraft and should be considered in granting the exemption. The petitioner further states the aircraft will not be operated over congested areas nor over any open air assembly of persons. In addition, the petitioner explains the aircraft will be operated at an altitu de allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

The petitioner requests an exemption regarding the altimeter settings in § 91.121 because the Phantom 2 will fly below 300 feet AGL and will not need to maintain hemispherical cruising altitudes to de-conflict with other aircraft. The p etitioner states AGL should be an appropriate altimeter measurement presented to the pilot, and i t should be based on the barometric pressure at the point of launch. The petitioner asserts that becaus e the aircraft will fly no more than 20 minutes, ev en rapid changes in barometric pressure will have limi ted effect on the safety of the flight.Secher Site Specific LLC 2299 W Sani lac Rd Sandusky MI 48471

7 Regarding the fuel requirements in § 91.151, the pe titioner states the Phantom 2 is battery-operated and the maximum duration of flight from a single ba ttery charge is 20 minutes. The petitioner explains the aircraft will never fly more than 900 feet mile from the point of intended landing and that a full battery charge at launch will ensure it meets the reserve energy requirements. The petitioner requests an exemption to the word “fuel” and asks for an equivalent interpretation with the word “energy.”

Public Interest

The petitioner states the Phantom 2 carries an onbo ard camera that provides high-resolution data to quickly determine any damage due to wind, rain, che mical spray drift including planter and emergence issues. Thus accurately assessing the dam age for replant or crop insurance claims and determine possible equipment problems affecting yie ld. According to the petitioner, this data helps farmers maximize yields while reducing costs and im pacts to the environment. The petitioner concludes that by granting an exemption, the FAA wi ll create benefits to both agriculture and the environment, which are ultimately in the public int erest.