August 24, 2015

Exemption No. 12560 Regulatory Docket No. FAA

− 20 15

− 2381

Mr. Gilbert Goodlett EnviroPlus Consulting, Inc. 1660 West Franklin Avenue Ridgecrest, CA 93555

Dear Mr. Goodlett :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 27, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of EnviroPlus Consulting, Inc. ( hereinafter petitioner or op erator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data collection services in the fields of biology and botany, energy infrastructure inspection, and aerial mapping and survey

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal R egister because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI S

- 1000

.
The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the r equested relief from
14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No . FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmann ed aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109 , 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, EnviroPlus Consulting, Inc. is grant ed an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.4 07(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, EnviroPlus Consulting, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S

- 1000 when weigh ing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspe eds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. 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 the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable comp onents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certifi cate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with
14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, p roficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations ma y only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distanc e from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight r ules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be mad e available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manu facturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct

op erations that cannot be conducted under the terms of the attached COA

.

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 identification6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 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.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

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

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and cer tificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made availa ble to the inspector upon request;

g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes

es sential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise spe cified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on August 31, 2017 , unless sooner supersede d or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures1 | Page May 27, 2015

EnviroPlus Consulting, Inc 1660 West Franklin Avenue Ridgecrest, CA 93555

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

Re: Petition for Exemption Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, EnviroPlus Consulting, Inc. (Petiti oner) (EPC) hereby applies for an exemption from the listed Federal Aviation Regulations (FAR) to a llow commercial operation of a designated unmanned aerial system (UAS), provided such operations are c onducted within the conditions outlined herein or as may be established by the FAA as required by Section 333.

EPC seeks the requested exemptions to permit it to o ffer aerial data collection services in the fields of biology and botany, energy infrastructure inspection, and aerial mapping and survey.

As described in the following pag es, the requested exemption would permit the operation of a designated
UAS as set forth in this document under controlle d conditions in the National Airspace System (NAS) that would be operated safely. Approval of this ex emption would provide services that would reduce the risk associated with manned solutions, in both flig ht and other methods of completion of the proposed
services.

The name and address of the Petitioner is as follows:

Gilbert Goodlett EnviroPlus Consulting, Inc. 1660 West Franklin Avenue Ridgecrest, CA 93555 (760) 954-4265 E-mail: Gilbert.Goodlett@Envi roPlusConsulting.com2 | Page 

### Unmanned Aerial System Description

EnviroPlus Consulting will employ the DJI Innovati ons S-1000 octocopter aerial data collection operations. This system is manufactured by DJI Innova tions (DJI), has been exte nsively tested and has a proven safe flight history. The system includes a frame with 8 motors, a DJI A2 flight controller, a DJI iOSD (onscreen telemetry display). A variety of sm all cameras, radio telemetry receivers, and other sensors can be attached to the pl atform to accomplish the desired objectives. The S-1000 is flown by the pilot-in-command (PIC) using a radio control system. The platform has a sophisticated flight control system that enables the PIC to locate the unmanned aircraft (UA) on a moving map as a part of a ground control system in addition to being continually in vi sual line-of-sight and has safety systems to warn and manage low battery-voltage situati ons. The S-1000 can be flown manually by the PIC or fly a pre-planned route using the ground control system. The S-1 000 will be flown under a comprehensive set of operational standard procedures focused on the safe ope ration of the platform to minimize risk. The S1000 has a LED lighting system to communicate key el ements of operational status at all times, in addition to the on-screen display showing flight para meters relevant to the safe operation of the UA.

This UA has a maximum take-off weight of 24 pou nds. The UA flight speed will not exceed 30 knots, and it will not be flown in controlled airspace or at an altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely te rminated with a reserve battery power of 30% maximum charge.

The S-1000 does not carry any flammable propellant or fuel. The S-1000 also has redundant motor capabilities, and the vehicle is still capable of flight in the event a motor fails unexpectedly. The vehicle is compensates for an engine loss automatically , and action is not required by the PIC.

Command, control, and telemetry communications fo r the S-1000 occur on the 2.4 gHz frequency band. The communications link is frequency hopping, spread spectrum which greatly reduces the potential for interference. The specific radio frequency devices used by the S-1000 have been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the Federal Communications Commission. The S-1000 programming is such that, if a lost communication link occurs the UA will return to its starting point and automatically land with no user interaction necessary.



### Granting an Exemption Would Serve the Public Interest

Enhanced safety to persons and property

In the absence of a UAS, many of the proposed activities would have to be carried out by a helicopter, fixed wing aircraft, a bucket truck, or a lineman climbing a tower. All of these conventional methods involve a risk to human lives and property that is clearly higher than risks to human lives and property posed by the utilization of UAS.

Reduction of burden on National Airspace System

UAS utilization in accordance with the typical terms of an exemption grant does not require the interaction of Air Traffic Control (ATC). Where su ch use replaces manned aircraft, a net reduction in
ATC burden is realized.3 | Page Reduction in air pollution and noise

The DJI S-1000 is battery powered and therefore creates no noxious emissions hazardous to the environment. Further, as a battery powered vehicle the noise levels are substantially lower than any internal combustion engine driven aircraft.

More effective wildlife management

With respect to wildlife survey operations, UAS deri ved data can be utilized for more effective wildlife management. This can be of substa ntial benefit for wildlife managers, particularly for threatened and endangered species.

Economic benefit to the public

Survey, mapping, and inspection of energy in frastructure facilities utilizing UAS technology is substantially more cost effective than the conventio nal methods to accomplish these tasks. Cost savings by UAS utilization have the potential to find their way to ratepayers thereby reducing energy costs to the

consumer.



### OPERATIONAL LIMITATIONS TO ACHIIEVE AN EQUIVALENT LEVEL OF

SAFETY

EPC proposes the following operational limitations to ach ieve an equivalent or higher level of safety than under the current regulatory structure, particularly in comparison to the use of manned aircraft.

1. All operations will be carried out with strict a dherence to the operating procedures outlined in the Pilot’s Operating Handbook (POH) and the manuf acturer’s user manual (Attachment A & B, respectively). The POH is organized similar to a manned aircraft POH and includes the following
sections:

a. General description, speci fications, and warnings
b. Limitations

c. Emergency Procedures
d. Normal Procedures

e. Performance
f. Weight and Balance/Equipment List

g. Air Vehicle and Systems Description
h. Handling, Service, and Maintenance
i. Supplements

2. The UA will weigh less than 24 lbs.

3. The UA, will operate at a true airspeed maximum (V NE ) of 15 m/s (approximately 30 knots) which is within manufacturer specifications.

4. Minimum crew for each operation will consist of the UA Designated Pilot in Command (PIC) and at least one Visual Observer (VO). The PIC a nd VO will be able to communicate verbally at all times during the flight and will not exchange roles during the flight. Electronic messaging or texting is not permitted during flig ht operations. The PIC will ensure that the VO can perform the required duties of the VO.4 | Page 5. The PIC will hold either an airline transport, co mmercial, private, recreational, or sport pilot
certificate and a current FAA airman medical certific ate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC will 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.

6. Flights will be operated within visual line of si ght (VLOS) of the PIC and VO at all times. EPC
understands that definition of VLOS is human vi sion unaided by any device other than corrective
lenses.

7. The primary responsibility of the VO will be to enhanc e the safety of flight operations by verbally communicating potentially unsafe observations to the PIC. Such conditions may include, but are not limited to, conflicting aircraft, hazardous terrain, features, or weather, UA approaching VLOS limits or altitude limits, assisting the PIC in m onitoring battery voltage, and advising the PIC if non-participating personnel move within a potential danger zone. VO’s will be familiar with the UAS normal and emergency procedures and aircraft limitations in sufficient detail as to provide
the PIC with recommended corrective actions.

8. Maximum flight time for each operational flight will be approximately 25 minutes. The actual flight time will depend on a variety of variab les including wind conditions, sensor payload, mission requirements, and the choice of battery capacity. All flights will be conducted under a strict battery management regime that alerts the operator to end flight at a pre-determined battery capacity. If the PIC exceeds this limit, the S-1000 will autonomously return to the departure point and land upon reaching the first critical battery le vel (first alert) and will land immediately upon reading the second critical battery level (second alert).

9. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

10. All operating documents will be accessible to th e PIC at the ground control station during UAS operations. Operating documents will include the current POH and a copy of the FAA’s Exemption, if granted. If a discrepancy exis ts between the various operating documents, the FAA’s Exemption, the Exemption will take prec edence. The POH will be updated as necessary. Such updates will be tracked.

11. A safety briefing will be performed prior to each day’s flights consisting of all the days’ flight operations. All parties involved in the flight oper ations will participate in the safety briefing.

12. The PIC will conduct a pre-flight inspection fo r the UAS. The pre-flight inspection will account for all systems to insure that the UAS is in a condition for a safe flight. As a minimum, the preflight inspection will follow the checklist proced ures in the POH. If the pre-flight inspection reveals a condition that may affect the safe opera tion of the UAS, the aircraft will not be operated until necessary maintenance has been completed.

13. In the event of an emergency or other unpredicte d obstacle to the completion of a flight, the PIC will abort the flight in the safest manner possible.

14. EPC will not permit a PIC to operate the UAS unless the PIC demonstrates the ability to safely operate the UAS safely and competently within the framework of the measures outlined herein
and the POH. This will include normal and emer gency procedures and maintaining appropriate distances from persons, vessels, vehicles and stru ctures. PIC qualification flight hours and currency will be logged in a manner c onsistent with 14 CFR §61.51(b).

15. The PIC and VO will have been trained in opera tion of UAS and receive current information regarding operation of the UA.5 | Page 16. PIC and VO training and evaluation flights will only be conducted during dedicated training sessions. During such sessions, the PIC will opera te the UA a manner consistent with 14 CFR §91.119 by maintaining the prescribed distance from non-participants.

17. All DJI S-1000 aircraft utilized as a part of this request will be registered and subsequently assigned a serial number in accordance with 14 CFR part 47 and display identification markings in accordance with 14 CFR part 45, subpart C. N- number markings will be as large as practicable.

18. EPC will conduct routine inspections of the UA to en sure that it is in condition for safe operation. As a minimum, inspections will be conducte d as per the POH and as per manufacturer recommendations. Additional inspections will be completed as deemed necessary. EPC will comply with all safety bulletins issued by the manufacturer.

19. EPC will conduct maintenance on the UA as ne cessary. Maintenance procedures will follow manufacturer’s recommendations regarding replacem ent, overhaul, and life limited components.

20. After maintenance or alterations that affect the operational or flight characteristics of the UA, a test flight will be conducted to determine that the UA is properly functioning prior to resuming commercial operations. Flight tests will be conducted by a PIC and a VO and will remain at least 500 feet from other non-participants. Further, the f light test will be conducted in a manner so as not to pose an undue hazard to persons and property.

21. EPC will also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization (ATO) prior to conduc ting operations within the NAS.

22. No UA flights will be conducted at night and all flights will occur under Visual Meteorological Conditions (VMC). The UA will not be operated less than 2,000 feet horizontally from a cloud or when the visibility is less than 3 statute miles from the PIC.

23. The PIC will ensure that the UA remains clear of and gives right-of-way to all manned aviation operations.

24. The PIC will not operate the UA from a moving device or vehicle.

25. The UA will not be operated within 5 nautical m iles of an airport reference point (ARP) unless a letter of agreement with that airport’s manageme nt is obtained or it is otherwise permitted by a
COA issued to EPC.

26. The UA will be operated in a manner that maintains at least a 500 foot clearance from all nonparticipating persons, vessels, vehicles and st ructures except in the case of the following
conditions:

a. Barriers are present to protect non-participating persons in the event of an accident. EPCwill ensure that non-participating persons utilize these protective barriers. If a nonparticipating person leaves a barrier and is w ithin 500 feet of the UA, flight operations
will be terminated in a manner that ensur es the safety of non-participating persons.
b. The owner or controller of any vessels, vehicles, or structures has granted permission to operate closer than 500 feet to those obstacles and the PIC has completed a safety assessment of the proposed operation and determined that the operation could be completed safely.

27. Flight operations will only be conducted over property where the permission is granted by the property owner or otherwise authorized representative.

28. The S-1000 UAS automatically determines its fail safe return-to-home position upon liftoff. If the
UAS loses communications with the remote controll er, it will return to a liftoff location and land autonomously.6 | Page 29. EPC will report any incident, accident, or flight ope ration that transgresses the lateral or vertical boundaries of the operational area as define d by the applicable COA to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB).



### SPECIFIC EXEMPTIONS REQUESTED

In pursuit of this petition the following exemptions are requested:

14 C.F.R. Part 21, Subpart H: Airworthin ess Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establish es the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1).

Given the size and limited operating area associated with the aircraft to be utilized by EPC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act ( 49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operationa l capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated
without an airworthiness certificate in the restrict ed environment and under the conditions proposed will be at least as safe, or safer, than a conventional ai rcraft (fixed wing or roto rcraft) operating with an
airworthiness certificate without the r estrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator. These safety enhancements pr ovide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.

Lastly, there is no credible threat to national sec urity posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive ma terials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manua l is required by §21.5 of this chapter, 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.

The UAS, given its size and configuration has no ab ility or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the PIC will have immediate access to it.7 | Page 14 C.F.R. §91.103: Preflight Action.

This regulation requires each pilot in command to take cer tain actions before flight to insure the safety of flight. These actions include the following:

a) For a flight under IFR or a flight not in the vici nity of an airport, weather reports and forecasts, fuel requirements, alternatives available if th e planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing
distance information: 1) For civil aircraft for which an approved Airpla ne or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and 2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relati ng to aircraft performance under expected values of airport elevation and runway slope, aircra ft gross weight, and wind and temperature.

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be
needed. The PIC will take all actions as stated in the POH in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a ci vil aircraft (except a manned free balloon) that is being used for flight instruction unless that ai rcraft has fully functi oning dual controls.

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio signals. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the UA and by the small size, weight, and generally slow speed of the UA.

14 C.F.R. §91.119: Minimu m Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mi nimums prescribed, provided the person operating the helicopter complies with any route or altit udes prescribed for helicopters by the FAA.

As this request is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, the UA will never operate at higher than 400 AGL It w ill only be operated in a controlled environment, where structures, vessels, vehicles, and non-particip ating people will not be exposed to operations.

The equivalent level of safety w ill be achieved given the small size, low weight, and slow speed of the
UAS as well as the controlled environment where it is operated. No flight will be initiated without the permission of the property owner or authorized re presentative. Unlike conventional aircraft, the UA requires no flammable fuel, a safety enhancement at low altitude. Further, since the UA will be operated8 | Page at 400 AGL or less, it will maintain separation from ma nned aircraft that are required to comply with
Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an airc raft below 18,000 feet MSL to maintain cruising altitude by reference to an altimeter that is set to a particular barometric pressu re (altimeter setting) or the elevation of the departure airport.

Manned aircraft have an altimeter that displays altitude in MSL. The intent of this regulation is to ensure that all aircraft in an area are displaying the same altit ude when they at the same true altitude MSL. In this way aircraft can maintain vertical separation in cruise flight as per §91.159 for VFR flights and as per §91.179 for IFR flights. Further it ensures that aircraft assigned a particular altitude by ATC or as per published altitude requirements such as traffic patte rn altitudes will have the ability to accurately
determine that altitude.

Conversely, the S-1000 automatically sets its zero altit ude based on the departure site. Thus, all altitude readings displayed on the Ground Control Station are in AGL from the departure site. In order comply with the limitations specified herein to maintain an altitude below 400 f eet AGL, it is appropriate for the altimeter to display in AGL instead of MSL ther eby maintaining separation from manned aircraft and achieving an equivalent level of safety.

14 C.F.R. §91.151(a) and (b): Fuel Requirements for Flight in VFR Conditions

Section 91.151 specifies fuel reserve minimums for airplanes and helicopters. Specifically, 91.51 (b) states that no person may begin 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.

Since the UA is battery powered and lacks a co mbustion engine, there is no conventional fuel consumption. Further, the flight times for the S-10 00 are considerably shorter (maximum of 25 minutes) than combustion engine powered manned aircraft. An equivalent level of safety will be achieved by landing the aircraft when the battery power, as moni tored at the ground control station, reaches 30% of the capacity of a fully charged battery. A further safety feature is that the S-1000 will automatically return to its departure point with no PIC interaction requi red if the battery voltage falls below 20% of the capacity of a fully charged battery.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

a. Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: 1) An appropriate and current airworthiness certificate. . . . 2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second dup licate copy (pink) of the Aircraft Registration Application as provided for in §47.31(b), or a registration certificate issued under the laws of a foreign country.9 | Page b. No person may operate a civil aircraft unl ess the airworthiness certificate required by paragraph (a) of this section or a special f light authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

As previously discussed, an exemption is sought rega rding the requirement to acquire an airworthiness certificate. Further, the UAS fully loaded weighs 24 pounds and is operated without an onboard pilot. As such, there is no ability or place to carry a regist ration certificate or to display it on the UAS. An equivalent level of safety will be achieved by keep ing the registration certificate at the ground control point where the PIC will have immediate access to it.

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

These regulations cover maintenance, preventative main tenance, and aircraft alterations. In summary for VFR aircraft, and not including all exceptions, it requires the following:

1. Annual inspections or 100-hour inspections (for commercial operations) with approval for return to service by a person authorized by §43.7.

2. A test flight by an appropriately rated pilot afte r repairs or alterations that may have appreciably changed the aircraft’s flight characteristics have been made

3. Logging of all maintenance performed according to particular standards

These sections, collectively part of Subpart E, and Part 43 only apply to aircraft with an airworthiness certificate. As previously discussed, an exemption is sought regarding the requirement to acquire an airworthiness certificate. However, an equivalent level of safety will be achieved by implementing the concepts of these sections as follows:

1. Inspections will be performed at intervals r ecommended by the POH and the manufacturer.

2. A test flight will be performed after any maintena nce or alteration is performed that may affect the UA’s flight characteristics. The test flight will be performed prior to return to commercial service by an appropriately rated and experienced PIC.

3. All maintenance will be logged.



### CLOSING

EnviroPlus Consulting, Inc. appreciates the opportunity to submit this petition for exemption to the
Federal Aviation Administration. We have endeavored to provide the appropriate information required based on guidance from the FAA’s website. If there are any questions or we can provide further information, please contact me.

Gilbert Goodlett

President, EnviroPlus Consulting, Inc.