UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION DOCKET MANAGEMENT SYSTEM 1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590 IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

## Aerial Solutions PNW, LLC.

FOR AN EXEMPTION SEEKING RELIEF FROM ·-,--.

THE REQUIREMENTS OF THE FAA REFORM ACT AND PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM TITLE 14 OF THE CODE OF FEDERAL REGULATIONS -'·

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMSD PURSUANT TO SECTION 333 OFD THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submittedon Nov 30th, 2015
Aerial Solutions PNW, LLC. Slvylane 

### Pasco, Wa 99301



### Table ofContents GLOSSARY OFABBREVIATIONS

...........................................................................................3 INTRODUCTIONAND INTERESTS OF THE PETITIONER

..............................................4 

### Executive Summary

..................................................................................................................4 ExpeditiousSummaryGrantApprovalRequest

......................................................................4 Description of Type, Make and Models ofsUAV/UAS Requested:

............................................ 5 Commercial (Mission, Operation) Purpose:

....................................................................................... 5 Regulations from which the Exemption Reliefis requested:

...................................................... 6 The name andaddress ofthe Petitioner:

............................................................................................. 6 Background

.......................................................................................................................................... 7 Commitmentto Safety

................................................................................................................................. 7 Expertise & Experience

............................................................................................................................... 7

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 1TheExemption Request..........................................................................................................8 OperatorRequirements.................................................................................................................10 AircraftandEquivalentLevel ofSafety....................................................................................12 SpecificUsesPublicBenefits........................................................................................................17 EquivalentLevel ofSafety .............................................................................................................18 14C.F.R. § 91.7(a): Civil aircraftairworthiness

.............................................................................. 19 14C.F.R. §91.119: Minimum safe altitudes

....................................................................................... 19 14C.F.R. §91.121 Altimeter Settings

...................................................................................................20 14C.F.R. § 91.151(a): Fuel Requirements for Flightin VFR Conditions

...............................20 14C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance Inspections

.....................................................................................................................................................21 Federal RegisterPublication

.............................................................................................22 PrivacyandNational Security...........................................................................................22 Summary...................................................................................................................................2 3

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 2patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity supportoperations,Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and support oflocal authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, trainingto persons individuallyorbelongingto bothprivate and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: including high schools. colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production3
, surface mining, closed set filming4
, disasterand catastrophe events. Regulations from which the Exemption Relief is requested: 14C.F.R. § 61.113 (a) & (b) 14C.F.R. § 61.133(a) 14C.F.R. § 91.7(a) 14C.F. R.§ 91.119 14C.F.R. § 91.121 14C.F.R. § 91.151 (a) 14C.F.R. § 91.405 (a) 14C.F.R. § 407 (a) (1) 14C.F.R. § 409 (a) (2) 14C.F.R. § 417 (a) & (b)
SeeAppendixE

The name and address ofthe Petitioner: Aerial Solutions PNW, LLC Attn: Ed Bass 5 Ivy Lane Pasco, Wa 99301

3 Motion Picture and Television Flight Operations Manual is herein attached as Appendix G. 4 Motion Picture and Television Flight Operations Manual for closed setfilming is herein attached asAppendix G.

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 61) Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediatelanding, 2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low powerbeyond 10%triggers animmediate landing, 3) Ifthe auto-pilot detects a lost-linkto the ground controller, the UAS will hold position atits currentlocation for 5 seconds and ifthe signal is not restored, execute a returnto home andland, 4) Redundant "kill switches" that enable completely shutting the aircraft down in flight in the event ofa loss ofcontrol orun-commanded deviation from the flight path, 5) The aircraft, weighs lessthan 55lbs., fully loaded, 6) The motors are driven bypulsewidth modulated signals, notanalog signals, 7) The aircraft will operate for the Purposes at no more than 87 kts (while imaging) nor above 200 feet above the structure (imaging altitude) or a maximum of400 feetAGL.
See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013); As the FAA has determined in Exemptions 11062 thru 11067,11080 and 11110 (the "Exemptions"), in comparing the requirements for private pilot knowledge and the knowledge required for a commercial pilot, that knowledge associated with a private pilot license, and therefore private pilot ground school, was sufficient to allow private pilots to operate sUAV's underthose exemptions.
Based upon that analysis, ASPNW believes successful completion of FAA private pilot ground school is a suitable predicate to operating the sUAV under this exemption. ASPNW proposes that the Operator accumulate required sUAV flight training hours through the operation of sUAV's rather than flight hours in conventional aircraft. Those hours are more relevant to the operations proposed herein than hours gained in obtaining a private pilot's certificate in conventional or rotor aircraft. Those aircraft are orders of magnitude heavier than the sUAS and carry not only the pilot himself, but also passengers and fuel, none of which is carried in the sUAS. These conventional aircraftfly overall sorts ofairspacewithout thepermission orknowledge ofthelandowner.
A handheldradio controllercontrols the sUAV andthevehicle is operatedwithin the line of sight. The requirements of Part 61.127 (commercial flight proficiency) and §61.107 (private flight proficiency), to the extent they are relevant to UAS operations, can be taught in the training proposed herein. As a review of the requirements of part 61.127 and 107 demonstrate, the issues presented as they relate to a 12 pound aircraft, operating at less than 5 knots during filming operations are those taught in ground school and in flight training with the particular UAS and not gained from accumulating flight hours in a fixed wing or rotorcraft gas or jet A powered aircraft completing cross country flights and take offs and landings atcontrolled anduncontrolled airports.

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 11The Petitioner proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for atleast an equivalent or even higher level ofsafety to operations underthe currentregulatory structure because the proposed operations represent a safety enhancement to the operations conducted with conventional aircraft or with humans climbing up and around structures. These conditions are drawn from Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 and as recentas 11857.
These limitations and conditions to whichASPNW (referredto as "Operator") agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1) Operations authorized by this grant ofexemption are limited to the aircraft described in the Operator's manual, which is a multirotor weighing up to 55 pounds: Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2) The UA may not be flown at an indicated airspeed exceeding 15 mph (5 mph duringinspections). 3) The UA mustbe operated at an altitude ofno morethan 400 feet above ground level (AGL), as indicated by the procedures specified in the Operator's manual. All altitudes reported to ATC mustbein feetAGL. 4) The UA mustbe operatedwithinvisual line ofsight (VLOS) ofthe Aircraft Operator atall times. This requires theAircraft Operator to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the Operator's FAA-issued airman medical certificate. 5) The Exemption Holder's Manuals mustbe amendedto include all conditions and limitations required by the FAA. The Manuals must be maintained and made available to the Administrator upon request. Ifa discrepancyexists betweenthe conditions and limitations in the exemption and the procedures outlined in the Exemption Holder's Operator's manual, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the Aircraft Operator must follow the procedures as outlined in its Aircraft's manual. The Exemption Holder may update or revise its Manuals. It is the Exemption Holder's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The Exemption Holder must also present updated and

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 1321) The UA may not be operated by the Aircraft Operator from any moving device orvehicle. 22) UAS operations may notbe conducted during night, as defined in 14CFR 1.1. 23) All operations must be conducted under visual meteorological conditions (VMC). The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or whenvisibilityis less than 3 statutemiles from the Operator. 24) During operations the UA may not operate within 5 nautical miles of the geographic center of an 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, if as requiredbythe Operator's COA. The letter ofagreementwiththe airport management must be made available to the Administratoruponrequest. 25) The UA may not be operated over congested or densely populatedareasunless the conditions setfor in #26 are satisfied. These populated areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), orTerminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the Operator's responsibility to maintain the minimum safe altitudes required by § 91.119 (d) (1). 26) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The Aircraft Operator must ensure that nonparticipatingpersons remain undersuch protection. Ifa situation arises where nonparticipating persons leave such protection and are within 30 feet of the UA, flight operations mustceaseimmediatelyand/or; b. The aircraft is operated nearvessels, vehicles or structures where the land owner

### Icontroller has granted permission and/orthe Aircraft Operator has made a safety assessment ofthe riskofoperatingcloserto those objects and;

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 16provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 200 AGL, an exemption maybeneededto allow such operations

.. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner, facility owner, andjor local officials. Because ofthe advance noticeto thepropertyownerandparticipants, all affected individuals will be aware ofthe planned flight operations as setforth in the Manuals. Compared to flight operationswith aircraft orrotorcraftweighing far more than the maximum 55 lbs. and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented by conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the ASPNW sUAV, in manual or emergency mode, will not have a barometric altimeter display, but instead a GPS altitude display, an exemption will be needed. The Operator, pursuant to the procedures set forth in the Manuals as indicated before flight, will achieve an equivalent level ofsafety. The FAA has granted exemptions to conduct similaroperations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions
Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for atleast 30 minutes; or (2) At night, to fly afterthatfor atleast45 minutes."
The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would belimitedto approximately 10 minutes in length. Given the limitations on the UAS' proposed flight area and the location of its proposed operations within a predeterminedarea, a longertime frame for flight is reasonable.

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 20Petitionerbelieves thatan exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intendedto alleviate given the size and speed ofthe small UAS.
Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062,through11067, 11080 and 11110.

14C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) 

### (2}; 91.417(a) & (b): Maintenance Inspections
These regulations require that an aircraft Operator or owner "shall have that aircraftinspected as prescribed in subpart Eofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintainthe aircraftin compliancewithPart43.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Petitioner. Maintenance will be accomplished by the Operator or manufacturer pursuant to the flight manual and operating handbook as referenced in the Manuals attached as confidential Exhibits an equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in defined areas for limited periods oftime. Ifmechanical issues arise, the UAS can land immediatelyand will be operating from no higher than 400 feet AGL. As provided in the Aircraft Flight Operations Manual the Operator will ensure thatthe UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Operator and manufacturer are most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalentlevel ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062through 11067, 11080 and 11110. 

### *********

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco,Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 21conducted with turbine helicopters operating in close proximity to the ground and people orthe use ofindividuals to climb the structuresto conductthe operations.
Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 -size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation ofPetitioner's UAS for the Purposes outlined herein and are consistent with exemptions already granted, including Exemptions number 11171 through 11174, 11176, 11177, 11062, 11109, 11112, and 11213 and as recent as 11857.

Sincerely,

Ed Bass Aerial Solutions PNW, LLC 5 Ivy Lane 

### Pasco, Wa 99301 509-308-4580

Aerial Solutions PNW, LLC 5 Ivy Lane Pasco, Wa 99301 www.Aerialsolutionspnw.com 509-308-4580 Page 24