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Specialized Helicopters LLC Section 333 Petition UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:
SPECIALIZED HELICOPTERS LLC FOR AN EX EMPTION SEEKING RELIEF FROM

THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 21 SECTIONS; § 61.113(a) and (b), 91.7(a), 91.121, 91.151(b ), 91.203(a) and (b), 91.405(a), 91.407( a)(1), 91.409(a)(2), and 91.417(a) and (b).
CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE
FAA MODERNIZATION AND REFORM ACT OF 2012

Sub mitted on D e c e m b e r 2 2

, 2015 Specialized Helicopters LLC

Chris Gularte Specialized Helicopters, LLC

150 Aviation Way Watsonville, CA 95076 (831) 763

- 224 chris@spheli.comPage 2

Specialized Helicopters LLC Section 333 Petition TABLE OF CONTENTS Glossary of a bbreviations 3

Summary 4

Introduction and i nterests of the p etitioner 4

Background 5

Proven o perational h istory of DJI T600 in

the NAS 6

Basis for p etition 7

Name and a ddress of p etitioner 7

Specific s ections of C.F.R. f rom w hich

Specialized Helicopters s eeks e xemption 8

R easons why granting Specialized

Helicopters request would be in the public

interest 1 0

Flight Operations 1 1

Flight operations of Specialized

Helicopters UAV is lim ited to line of sight

of the PIC with a Visual O bserver 1 2

Conclusion 1 2Page 3

Specialized Helicopters LLC Section 333 Petition GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012, Section 333

S OP S tandard Operating Procedures

UAS Unmanned Aircraft System

UAV Unmanned Aerial Vehicle

UH Unmanned Helicopter

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

V O Visual Observer

VTOL Vertical Take Off and LandingPage 4

Specialized Helicopters LLC Section 333 Petition SUMMARY

Specialized Helicopters LLC seeks exemption from the requirements of 14

C.F.R. §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 9 1.407(a)(1),

91.409(a) (1) & (2), and 91.417(a) & (b)

, to operate an Unmanned Aircraft System

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. In

consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, Specialized Helicopters LLC 's operation of the DJI

T600 " Inspire 1 " and similar Unmanned Helicopter s meets the conditions of FMRA

Section 333 and therefore, will not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. This exemption will permit Specialized Helicopters

LLC to operate an Unmanned Aircraft System for the commercial purpose of conducting

aerial data collection and research within the National Airspace System.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Specialized Helicopters LLC (Hereinafter referred to as “ Specialized Helicopters ”)

is owned and managed by professional, highly experienced commercial helicopter pilots

who are P art 141 , 135, and have FAA Authorized Movie and film production Manuals

and pilots

. Specialized Helicopters pilots have an extensive history o f power line and

utili ty patrol, wildlife survey

, electronic news gathering, search & rescue, and movie

production work across the Pacific Northwest. Specialized Helicopters has recently

acquired and been flight testing a DJI Inspire 1 U nmanned H elicopter which it plan s to

use for commercial operations including aerial filming, power line and public utility

inspections

, aerial surveys, electronic news gathering, and aid in search & rescue
operations

. Specialized Helicopters lead pilot on the project has over 3 000 hours

helicopter flight time, as well as over 20 years experience and thousands of hours of

UAV flight time as a hobbyist

. Specialized Helicopters plans to work side by side with its

sister company to diversify their fleet of aircraft with an u nmanned h elicopter in order to

meet the needs of a continually evolving market while striving for an ever increasing

level of safety to their employees and customers.Page 5

Specialized Helicopters LLC Section 333 Petition BACKGROUND

Specialized Helicopters seeks an exemption to operate a U A V t h a t o p e r a t e s

u n d e r 1 0 0 M P H a n d o p e r a t e s a t l e s s t h a n 5 5 p o u n d s m a x g r o s s w e i g h t

.

OPERATIONAL S A F T Y O F U A V ’ s U S E D U N D E R T H I S E X E M P T I O N

A n y U A V u s e d w i l l h a v e a p r o v e n r e c o r d o f safely within the NAS both as hobby

and commercia l l y

. The UH w i l l h a v e onboard stability systems, l o c a t i o n f i n d i n g , and

GPS s y s t e m s f o r n a v i g a t i o n . All of these allow the UH to hover with pinpoint precision

and also take off and land autonomously. There is a failsafe built into the system

allowing the UH to retur n to a predetermined point (known as "home") at a
predetermined altitude in the event of a control link failure between the aircraft and PIC.

It will also automatically return home when the battery has reached a predetermined

level, which ensures the aircr aft will land before the battery level becomes critical

. S p e c i a l i z e d H e l i c o p t e r s w i l l u s e o n l y i n d u s t r y s t a n d a r d U A V ’ s t h a t h a v e p r o v e n records

o f s a f e t y

.

BASIS FOR PETITION

Petitioner, Specialized Helicopters , pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of

2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petitions the Administrator for an exemption from t he requirements of 14 C.F.R. §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (2),

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333

of the FAA Modernization and Reform Act of 2012. In consideration of the speed,

weight, size, and limited operating area associated with the unmanned aircraft and its

operation, Specialized Helic opters operation of the DJI Inspire 1 UAS meets the

conditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. In accordance with 14

C.F.R. § 11.81, Specialized Helicopters provides the following information in support of

its petition for exemption:Page 6

Specialized Helicopters LLC Section 333 Petition

NAME AND ADDRESS OF THE PETITIONER

Specialized Helicopters LLC

150 Aviation Way

Watsonville, CA 95076

The point of contact for Specialized Helicopters p etition and specific contact information

is as follows:

Chris Gularte

Specialized Helicopters LLC

150 Aviation Way

Watsonville, CA 95076

(831) 763

- 2244 | chris@spheli.com

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SPECIALIZED

HELICOPTERS SEEKS EXEMPTION

14 C.F.R. § 61.113(a) & (b): Private p ilot privileges and limitations: Pilot in

c ommand

. Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations.

Because the UAV will not carry a pilot or passengers, the proposed operations ca n achieve the equivalent level of safety of current operations by requiring the PIC

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s

license to operate the small UAV. Unlike a conventional aircraft that carries the pilot and

passengers, Specialized Helicopters UAV is remotely controlled with no living thing on
board. The area of operation shall be controlled and restricted, and all flights are

planned and coordinated in advance as set forth in the Specialized Helicopters SOP

. The level of safety provided by the requirements included in the SOP exceeds that

provided by a single individual holding a commercial pilot’s certificate operating a

conventional aircraft. The risks associated with the operation of the UA V is so
diminished from the level of risk associated with commercial operations contemplated

by Part 61 when drafted, that allowing operations of this UAV as requested with aPage 7

Specialized Helicopters LLC Section 333 Petition private pilot as the PIC exceeds the present level of safet y achieved by 14 C.F.R

. §61.113 (a) & (b).

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 Specialized Helicopters 's exemption be granted, no FAA regulatory standard will

exist for determining airworthiness . Given the small size and simplicity of the aircraft

and the requirements contained in the SOP and Maintenance Manual for maintenance

and use of preflight check lists prior to each flight, an equivalent level of safety will be

provided.Page 8

Specialized Helicopters LLC Section 333 Petition 14 C.F.R. §91.12 1 Altimeter s ettings

.
The r egulation requires each person 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 a vailable before departure.” As the UAS does

not have a barometric altimeter, but instead a GPS height AGL read out a nd a sonic

ground proximity sensor , an exemption may be needed. An equivalent level of safety

will be achieved by way of the UAS recording its position as zero feet AGL upon
powering on, and during flight the height AGL is displayed in real time to the PIC 's

display. The UH is also equipped with a sonic ground proximity sensor which detects
height AGL and automatically corrects the flight altitude to help prevent inadvertent flight

into terrain.

14 C.F.R. § 91.151( b ): Fuel r equirements for flight in VFR c onditions

. Section 91.151 ( b ) prohibits an individual from beginning “a flight in a rotorcraft

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 , to fly after that for at least 20 minutes .” The batteries powering the Inspire 1

provide approximately 18 minutes of powered flight, therefore meet ing the 20 minute

reserve requirement is not possible

. Specialized Helicopters believes that an equivalent

level of safety can be achieved by limiting flights to 25% of remaining battery power.
The UAS is also equipped with an audio warning which is set to notify the pilot at a
predetermined battery level remaining. If the battery dr ops below this level, the UH will

automatically return home and land, preventing the UH from being in the air when the

battery reaches critically low levels. Specialized Helicopters 25% restriction and the

UAS's automated systems would be more than adequat e to return the U H to its planned

landing zone from anywhere in their limited operating area.

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

. Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Specialized Helicopters . Maintenance will be

accomplished by Specialized Helicopters pursuant to the SOP, User Manual, andPage 9

Specialized Helicopters LLC Section 333 Petition Maintenance Manual. An equivalent level of safety will be achieved because the UAS

will still receive both scheduled and preventative maintenance. As provided in the SOP

, Specialized Helicopters w ill ensure that the Inspire 1 is in working order prior to initiating

flight, p erform 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.

R EASONS WHY GRANTING SPECIALIZED HELICOPTERS REQUEST WOULD BE

IN THE PUBLIC INTEREST

Granting the present p etition will further the public interest by allowing

Specialized Helicopters to safely, efficiently, and economically assist in performing

movie and film production, aerial inspection services of power transmission towers, lines

and other public utilities , along with conducting aerial surveys, electronic news

gathering, wildland fire perimeter patrols, and aiding is search & rescue operations

. U se of the Specialized Helicopters UH for aerial filming will increase air safety by

reducing human exposure to low level helicopter flights and reduc e the need to fly

manned helicopters close to transmission towers persons and property

. Conducting aerial surveys with the UH will reduce the need to fly biologists low

and slow over sometimes heavily forested or oceanic areas in order to take accurate

counts or surveys . This will also greatly reduce harassment to wildlife due to the UH

having a much sm aller, almost imperceptible, noise signature.

Smaller news stations often don't have the budget to pay full sized helicopters to

perform aerial work . Utilizing Specialized Helicopters UAS will allow local stations to

better gather information and provide the public with more timely and accurate news

. Specialized Helicopters works in conjunction with many government agencies

including local, state

, and federal who are very interested in the benefits of a UAS to

provide better understandings of surrounds projects and conditions

. This can greatly

benefit fire and law enforcement agencies by allowing them to quickly get aerial views of

the surroundings , allowing them to make faster, more informed decisions.Page 10

Specialized Helicopters LLC Section 333 Petition Specialized Helicopters also works with several public agencies conducting

search and rescue operations. These operations can be enhanced with a UAS by

allowing an "eye in the sky" to quickly and efficiently aid in searches.

FLIGHT OPERATIONS

Operations will only be conducted in the continental United States.

P roposed areas of aerial operations include areas that are:

1. Not over congested areas or near large gatherings of people.

2. Not within 5 miles of any airport without airport manager's permission.

3. Not within 100 yards of persons or property non

- essential to the mission.

5. UH will remain within visual line of sight of the PIC and VO

. 6. No flight above 400 feet AGL.

14 C

. F

. R

. § 1.1 defines rotorcraft as "a heavier

- than

- air aircraft that depends

principally on its support in flight on the lift generated by one or more rotors." It also

defines helicopter as "a rotorcraft that, for its horizontal motion, depends principally on

its engine driven rotors." The Inspire 1 meets these criteria and therefore should not

require a waiver to operate under § 91 .119 since it can fulfill the requirements of

§ 91.119(d). However, Specialized Helicopters will take an added level of safety and not

operate over any congeste d are

. Specialized Helicopters will operate its UAV by regulations such as the ICAO

(International Civil Aviation Organization) and the FAA’s own national airspace

regulations. In order to increase flight safety and prevent acciden tal flights in restricted

areas, thorough preflight action will be taken to ensure no airspace violations will occur.

M easures will also be taken to ensure operations are always conducted in class G

airspace in day VMC with 3 miles visibility

. Specialized Helicopters customers often

require flights to occur with as little as 2

- 3 hours notice , therefore a requirement to

obtain a NOTAM prior to each flight will greatly hinder the ability of Specialized

Helicopters to fulfill its customers' needs. These are jo bs which are normally performed

by Specialized Helicopters sister company with a manned helicopter, and being able to

do these missions with an unmanned helicopter will not only provide an equivalent levelPage 11

Specialized Helicopters LLC Section 333 Petition of safety, but introduce an added level of safety and service to Specialized Helicopters

customers.

FLIGHT OPERATIONS OF SPECIALIZED HELICOPTERS UAV IS LIMITED TO LINE

OF SIGHT OF THE PIC WITH A VISUAL OBSERVER

Specialized Helicopters will only utilize PIC’s with a valid Private Pilot rating

certificate issued by the FAA for operation of the UAS and a valid Class II Medical

Certificate along with extensive company training . Additionally, all pilots will be assisted

by a V isual O bserver. Both the VO and PIC will remain within line of sight of the UH

during the operation.

CON C LUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size,

weight, speed, operating capabilities, proximity to airports and populated areas and

operation within visual line of sight and national security

– provide more than adequ ate

justification for the grant of the requested exemptions allowing commercial operation of

applicant’s UAS pursuant to the m anual 's appended hereto.

_____________________________ Submitted on April 1 3

, 2015

Chris Gularte

Specialized Helicopters LLC

150 Aviation Way

Watsonville, CA 95076

(831) 763

- 2244 | chris@spheli.com