# 333 Exemption Request Package

UAS Aircraft Operations for Aerial Photography, Video, and Data Colle ction



# 1 / 12 /201 6

Drafted By:

Patrick Latcham

Chief Executive Officer

Restriction on the use, duplication, or disclosure of proprietary information

This document contains proprietary information, which is the sole property of Mountain Drones Inc.. This Document is submitted to the recipient for his use only. By receiving this document, the recipien t undertakes not to duplicate the document or to disclose, in part of or in whole, any of the information contained to any third party without receiving before hand, written permission from the submitting

company

.January 12 , 201 6

Patrick Latcham

ProEditors Inc. Mailing: 121 Touchdown Dr. Mountain Village , CO 81435 Physical: 121 Touchdown Dr. Mountain Village , CO 81435 ( 313 ) 268

- 1621 patrick@proeditors.com

U.S. Department of Transportation, Docket Operation

W est Building Ground Floor, Room w12

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

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 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 3D ROBOTICS SOLO MULTIROTOR
AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Aircraft Make and Model:
3D Robotics Solo

Similar Exemptions Granted:

Exemption No. 12568 Regulatory Docket No. FAA

− 2015

− 2407 Mr. Brandon Horgeshimer
Pneumatic Drone Cinema Inc.

Exemption No. 11335A Regulatory Docket No. FAA

– 2014

- 1106
Mr. Marc Asselin

Voler Inc.To Whom It May Concern:

ProEditors Inc. respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems ( UAS ) for the purpose of providing aerial photography, video, and dat a collection services . Accordingly, the grant of an exemption is consistent 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 t o the issuance of final regulations governing general use of these systems. This summary is suitable for publishing in the Federal Register.

ProEditors Background

ProEditors is in the business of providing aerial photography, video, and data

collection s ervices. Our operations are designed to facilitate a safe and effective means for monitoring remote outdoor spaces, collecting data related to operational efficiency, promoting safe facility usage, and providing a safe monitoring method for our clients’ da ta collection needs.

ProEditors Operation al Requests

Aerial Photography

Aerial Video
Aerial Data Collection

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 wou ld not adversely affect safety or how the exemption would provide at least an equivalent level of safety as compliance with the underlying regulation.

In this case, approval of this exemption would advance the public interest by significantly enhancing t he safety and efficiency of aerial photography, video,

and data collection while also providing the FAA with valuable user experience

on UAS in a context with appreciable economic and societal benefits. As described more fully below, the requested exemptio n 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, ProEditors anticipates that use of UAS will facilitate safer operations by providing a supplementary tool for those employees placed inhigh risk, remote work environments. Granting an Exemption is in the Public Interest. Currently, in all cases, not only are these monitoring tasks tedious, costly, or impossible using current me thods, 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 themselve s in harms way to perform their duties. At present, this work is done primarily by company personnel in motor vehicles, on foot, using helicopters, and/or using specialized equipment. This is often a labor

- intensive and sometimes arduous job. While our

cli ents 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 duri ng harsh weather, high wind conditions. 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 aerial phot ography, video, and data

collection 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.

Aerial data collection by traditional unmanned fixed wing and/or aircraft is imp ractical for some applications due to the required altitudes for safe flight, which reduce imaging capabilities below meaningful levels

– it is simply not possible to see all geographical anomalies from such heights with current

techn ology. Helicopters present better vantage points; however manned helicopters are much more costly, subject to human safety risks and carry highly explosive jet fuel, making them impractical for deployment. By using UAS for supplemental asset evaluation, Pr oEditors 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 near

- real

- time data.

Granting an Exemption will not Adversely Affect Safety

ProEditors notes that there is no applicable standard for an equivalency determination. Some have argue d 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 su fficient correlation between model aircraft operations governed by the Academy of Model Aeronautics and the operations contemplated by ProEditors . 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 aresimply too different. As such, we believe it makes more sense to focus on why

ProEditors ’ contemplated operations would not adversely affect safety, solely required by §11.81(e).

Grantin g an exemption will not adversely affect safety. ProEditors 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 o perations will be conducted in areas distant from both congested areas and airports in accordance with FAA standards . Moreover, because of the inherent risks presented by standard infrastructure operations, our clients have already taken steps to secure pr operty against unauthorized public access. Although some areas, like ski resorts do attract a high volume of visitors at times, the vast majority of Pro Editors ’ operations are conducted in areas that are uninhabited or rarely visited. In the example of sk i 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 Pro Editors requires

that the UAS be flown at relatively low altitudes and relatively low speeds. Pro

Editors 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. Pro

Editors also plans to conduct UAS operations at least 5 nautical miles from any public airports (including heliports) . In the event an operation needs to be conducted closer to an airport, Pro Editors 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 th at airport.

Approval of exemptions allowing commercial operations of UAS ’s 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 an d 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 of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the inspection site. In contrast, a UAS weighing fewer than 55 lbs. and powered by stable lithium polymer batteries eliminates virtually all of that risk given the reduced mass and lack of

combustible fuel carried on board. The UAS is safely transp orted to the relative

area of the mission launch location . The UAS will carry no passengers or crew and, therefore, will not expose employees to the risks associated with manned aircraft flights.

The operation of small UAS ’s, weighing less than 55 lbs., conducte d in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 333 Aircraft ExemptionStatus exempting the applicant from conventional aircraft requirements and

allow ing commercial operations. These lightweight aircraft operate at slow speeds, close to the 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

c ompany. Security will be established for the flight area as part of the pre

- flight control. Each individual permitted within the secure area will be briefed on the mission and safety protocols prior to flight and will consent to being in the operational ar ea. All others will be excluded from the area.

Pro Editors initially intends to use a dedicated staff for 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 on which he or she is trained every 90 days. PIC’s will establish their qualifications thru a
combination of aeronautical knowle dge, 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 standards for either Private or Commercial UAS pilot certificates. The safe operation and control of the UAS as descri bed in this application does not depend on the type of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed by the PIC are knowledge of the airspace within which the opera tion will take place and how that airspace fits into the National Airspace 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 acquisi tion of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, appro ved to 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, dext erity 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

relevan t 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 t hat 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 brie fed 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 c urrently 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 that are flown to the site, carry e xplosive 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 both qualifications, that compa ny 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 UAS to the competency level required for professional use.

Minimum requireme nts 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 pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (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 in the preceding 90 days;

4. Have undergone a qualification process as specified in the Flight Operations & Pr ocedures 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 the Department of Home land Security. This requirement should ameliorate security

concerns over UAS operations under this exemption.Pro Editors intends to use commercially available UAS platforms and components for UAS . These UAS systems will be tested for 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 schedule to verify that

the UAS will rema in in safe and operational condition. Please see Appendix B, for Specific Types of UAS

.

Notes Regarding: 14 C.F.R. Part 21, Subpart H In accordance with the statutory criteria provided in Section 333 of PL 112

- 95 in

reference to 49 USC 44704, and in cons ideration 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 an y 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 numb er, registered in accordance 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

Pro Editor s ’ request is based on the fact that no airworthiness certificate will be

issued for the UAS

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

airworthiness certificate w ill 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 stati on,” 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 funct ional 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 byPro Editors allow the UAS Instructor to place the 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 that then allows the instructor to

bri ng the aircraft back into control and back to the predetermined and/or safe landing location.

Pro Editors does not describe training scenarios in which a dual set of controls would be utilized or required, i.e. dual flight instruction, provided by a flig ht instructor or other company

- designated individual, that would require that individual to have fully functioning dual controls. Rather, Pro Editors evaluates the qualification of its PICs based on their experience with the UAS to be operated and verifies through testing, in lieu of formalized training. As such, Pro

Editors 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 Pro Editors ’ op erations 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 Perimeter and land.

2. Auto descent (landing) if the batte ry were to drop lower than pre

determined (programmed) nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real

- time positioning feedback (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 UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

6. On

- Screen

- Display (OSD) contains operating information to ascertain

veh icle 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 a ground

- based on

- screen display. This altitude information will be generated by equipment insta lled on board the aircraft, using GPStriangulation, 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 pil ot.

Mechanical/Physical:

1. Pro Editors will fly within line

- of

- sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behind objects/walls).

2. The UAS will weigh less than 55 lbs a nd 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 bags for 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 exemption will be marked in accordance with 14 CFR part 45 or as otherwise authorized b y 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 operator will obtain th e consent of all persons involved in the 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 f rom the relevant property holders will be

obtained.

7. Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less t han 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 p etition 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. A ll 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 other than corrective lenses, as specified on t he PIC’s FAA

issued medical certificate.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and 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 the conditions and limitations in this exemption and the procedures outlined in the 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. The operator 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 operat or 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 aircraf t 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

alterati ons must be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the
UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight i n accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must

be added to t he operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirem ents. When unavailable, aircraft maintenance/component/ overhaul, replacement, and inspection/m aintenance requirements mustbe 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 leas t 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 o perations 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 of total time as a UAS rotorcraft p ilot 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 e xperience

- building flights can also be conducted under this petition of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are c onsidered 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 mu st 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 precedin g 90 days. Training, proficiency, experiencebuilding, and

take

- off and landing currency flights can be conducted under this petition of exemption to accomplish the 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 f light 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 im plemented by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available to the Administrator upon request. 14) Prior to operations conducted for the purpo se 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 the Ad ministrator. 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 hazardous to persons or property on the surfa ce in the event of a UAS failure or emergency. 16) Regarding the distance from participating persons, the operator’s manual has safety mitigations for authorized and consenting personnel. At all times, those persons must be essential to the operations.

1 7) 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 it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of

the Environm ental 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 abort the flight in the 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 Au thorization (COA) prior to conducting any operations under this petition of exemption. This COA will also require theoperator 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 in accordance with 14 CFR part 45, Subpart C. Markings must be as large a s 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 of the UAS . These proced ures 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 amended to include the following 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 gove rnment 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 jurisdicti on over the area of proposed Environmental Areas of Public Interest monitoring. The 3

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

• Dates and times for all flights;

• Name and ph one 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 of the person responsible for the on

scene operation of the UAS ;

• Make, model, and seria l 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 ma ps 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
available to the PIC at the Ground Control Station of the UAS any time 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 operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 31) UAS operations may not be conducted during night, as defin ed 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 conducte d 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 conta ined 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.Specific Applicable Regulations From Which R elief is Required

REGULATIO N 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 Unmanned system 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 requir ed, 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 Appropriate documentation 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 withinline of sight to operators to ensure

no loss of visual contact

91. 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 w ill 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 whic h will be in possession of operators at all times.

91.407(a)(1) Operation after maintenance, return to service by appropriate

person All maintenance of unmanned system will be conducted as specified by the manufacturer.

Maintenance will be documented on

f light 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 documented on flight manual which will be in possession of operators at all times.

91.417(a) Maintenance records to be maintained by

owner or opera tor 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.