Pg **1** of **13**

David W eaver 2920 Piccadilly Circus St. Pearland, TX 77581 704

- 654

- 0364 13 Oct 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590 Re: Summary Processing: Exemption Request for /////////////////////////////// . Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. §§ 61.113(a) and (b); 91.7 (a); 91.119(c); 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91 .417(a) and (b). Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Cloudview Aerial Surveys , (“ Cloudview Aerial Surveys ”) operator of Small Unmanned Aircraft Systems (“ UAS ”) equipped to conduct commercial fli ghts including but not limited to the following (hereinafter “the Purpose”) : 1. Aerial Survey Photography and Videography, etc. 2. Television productions, music video productions, advertising and news gathering , et c. 3. Marketing of residential and commercial real estate , etc. 4. Oil and gas inspection of equipment and facilities including pipelines , etc. 5. Construction Companies Aerials to include Aerial Progressives , etc. 6. Inspection surveys i.e. agricultural land for farmers, roofing, oil & gas companies, shoreline protection for ecological concerns, land survey, forestry service, Powerline & Energy Stations, road & bridge inspections, Railway Inspection, Mining industry survey and inspection. Etc. 7. Assist first responders/ or government agency in emergency matters, over land, water

-wa ys, and oceans, disaster relief, medical supplies delivery and missing persons , etc. 8. State side virtual tours, special events , etc. 9. Public service, Aerial Data Collection , etc. 10. Training , Demos, etc.Pg **2** of **13**

Cloudview Aerial Surveys hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA in an exemption g ranted under either Section 333. As with the approval of the Similar Exemptions, approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. The name and address of the applicant is: Cloudview Aerial Surveys Aerospace, Attn: David W eaver 2920 Piccadilly Circus St

. Pearland, TX 77581 704

- 654

- 0364Pg **3** of **13**

Regulations from which the exemption is requested: 14 C.F.R. § 61.113(a) and (b) : Private Pilot Privileges and Limitations: Pilot in Command 14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness 14 C.F.R. § 91.109 : Flight Instruction 14 C.F.R. § 91.119 : M inimum Safe Altitude 14 C.F.R. § 91.121 : Altimeter Setting 14 C.F.R. § 91.151(a) : Fuel Requirements for Flight in VFR Conditions 14 C.F.R. § 91.203(a) & (b); Carrying Civil Aircraft Certification and Regulation 14 C.F.R. § 91.405(a): Maintenance Inspection 14 C.F.R. § 407(a)(1) : Maintenance Inspection 14 C.F.R. § 409(a)(2) : Maintenance Inspection 14 C.F.R. § 417(a) and (b): Maintenance Inspection This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unm anned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do no t create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: • The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act § 333(a). Lastly, if the Secretary determines that such vehicles “may operate safely in the nat ional airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added) 1
. The Federal Aviation Act, in addition to the authority granted by Section 333 of R eform Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, that includes UAS , from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of the Transportation Act if the Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f). See also 49 U.S.C. §§ 44711(a), 44704; 14 C.F.R. § 91.203(a)(1).

1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.Pg **4** of **13**

Cloudview Aerial Surveys is Aerial Survey Company owned and operated by a US Military Veteran has more than 16 years of safe Civilian & Military flying history and will use the UAS to enhance our abilities for our customers as well as enhancing the safety of drone operations in the United States. Cloudview Aerial Surveys UAS ’s are rotorcraft and weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover , and move in the vertical and horizontal plane simultaneously. They will operate at altitudes of no more than 400 feet, as further explained, and only in line of sight. They will operate only within the sterile areas as described in the Cloudview Aerial S urveys Flight Operations Manual. Cloudview Aerial Surveys will also operate a UAS’s that are fixed winged weighting 55 lbs or less, including payload. They operate, under normal conditions at a speed of no more than 100 knots. They will operate at altitude s of no more than 400 feet, as further explained, and only in line of sight. They will operate only within the sterile areas as described in the Cloudview Aerial Surveys Flight Operations Manual. In support of this application, Cloudview Aerial Surveys is submitting, with a request for confidentiality as shown, the following manuals (hereinafter “the Manuals”) 2 : • Cloudview Aerial Surveys, Copy of Owners Pilot Commercial Instr FW / RW Cert. and Medical • Cloudview Aerial Surveys UAS Flight Operations Manual (“FOM”), Exhibit 2 (Confidential) • Cloudview Aerial Surveys UAS Quadcopter Aircraft Flight Manual, (Exhibit 3) (Confidential) • Cloudview Aerial Surveys UAS Quadcopter Advanced Flight Manual, (Exhibit 3) (Confidential) • Cloudview Aerial Surveys UAS Checklists, (Exhibit 4) (Confidential)
Operations in compliance with thes e manuals will insure that the UAS will “not create a hazard to users of the national airspace system or the public” 3 and that the aircraft will operat e in compliance with the conditions set forth in this application. Given the small size of the UAS involved and the restricted environment with in which they will operate, Cloudview Aerial Surveys falls within that zone of safety (an equivalent level of s afety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs, the restricted areas in which the relevant UAS will operate and the fact that aircraft will be flown by pilots holding at least a FAA private pilot license, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; t he strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing battery powered UASs for these functions instead of turbine or gas power aircraft/rotorcraft and operations with pilots having at least a private pilot license, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FA

A grant the requested exemption without delay.

2 Applicant submits the Manuals, marked “CONFIDENTIAL”, as they contains propriety business information that is not released to the public and is protected under the Freedom of Information Act, 5 U.S.C. § 553, etc. 3 Reform Act Section 333(b). 4 These conditions are reproduced from Similar Exemptions (11062 through 11067, 11080, 11150, 11158 11160, 11161 and 11172).Pg **5** of **13**

**AI RCRA**  **FT AN**  **D EQUIVA LENT LEVEL OF SA** **FETY** The applicant proposes that the exemption reque sted herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe Aerial Surveying, Photography, Filming, Inspecting operations conducted with our conventional aircraft. 4 Cloudview Aerial Surveys notes that a requested Certificate of Authorization (COA) not be required for flight at or below 400 feet AGL, in Class G airspace and outside of 5 nautical miles from the geographic center of airport where a letter of agreement has not been entered with the airport management. These limitat ions and conditions to which Cloudview Aerial Surveys agrees to be bound when conducting commercial operations under an FAA issued exemption include:
1. The UAS must weigh less than 55 pounds, including energy source(s) and equipment. Operations will be limited to the aircraft described in the proprietary Manuals:
2. The UAS may not be flown at a speed exceeding a ground speed of 50 knots (Quad Copter, and 100 knots (Fixed W ing)

. 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 Operators Manuals. All altitudes reported to ATC must be in feet AGL.
4. The UAS must be operated within visual lin e of sight (VLOS) of the PIC/VO(s) at all times. This requires the PIC/VO (s) to be able to use human vision unaided by any device other than corrective lenses, as specified on the 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 will be bound by and follow the Manuals as accepted by the FAA. Any additional requirements identified in the final conditions for this Exemption will be added to the Manuals. The Manuals will be maintained and made available to the Administrator upon request. If a disc repancy exists between the conditions and limitations in the final exemption and the procedures outlined in the Manuals, the conditions and limitations of the Exemption will take precedence and will be followed. Otherwise, the operator will follow the proc edures as outlined in its Manuals. The operator will update or revise its Manual. It will be the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator will also present updated and revised documents in it s petitions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA granted this exemption, then the operator will petition for amendment to their exemp tion. The operator will contact the FAA’s UAS Integration Office (AFS

- 80) with questions arising regarding updates or revisions to the Manual.Pg **6** of **13**

7. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the ins pection reveals a condition that affects the safe operation of the UAS, the aircraft will not operate 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, wil l be included in the preflight inspection. All maintenance and alterations will 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. replac ement of a flight critical component, must undergo a functional test flight in accordance with the 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 f unctional test flight and aircraft record entry must be added to the Manuals. 9. The operator will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. W hen unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements will be established and identified in the Manuals. At a minimum, the following must be included in the Manual:

a. Actuators / Servos b. Transmission (single rotor) c

. Powerplant (motors) d. Propellers e. Electronic speed controller f. Batteries g. Mechanical dynamic components (single rotor) h. Remote command and control i. Ground control station (if used) j. Any other components as determined by the operator 10. The PIC **will** possess at le ast a private pilot certificate.
11. Prior to operations conducted for the Purpose, the PIC will have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 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). Prior documented flight experience that was obtained in compliance with applicable regulations will be used to satisfy this requirement. Training, proficiency, and experience

- building flights may also be conducted under this g rant 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 will be considered non

- participants, and the PIC will operate the UAS with appropriate distance from non

- participants in accordance with 14 C.F.R. § 91.119.
12. Prior to operations conducted for the purpose of Pipeline Station/Valve Inspections (or similar operations), the PIC must have accumulated and logged, in a manne r consistent with 14 C.F.R. § 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 preceding 90 days. Training, proficiency, exper ience

- building, and take

- off and landing currency flights can be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. During training, proficiency,Pg **7** of **13**

experience

- building, and take

- off and landing currency flight s all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA S with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 13. Prior to any flight operations authorized by thi s grant 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 implemented by a qualified person desig nated 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 Purpose, a flight demonstration, admini stered by an operator

- approved and qualified pilot will be successfully completed and documented. This documentation will be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications will be developed by the operator, and there are no established practical test standards that support a jurisdictional FAA Flight Standards District Office (FSDO) evaluation and approval of company designated examiners, the Operator will conduct these tests in accordance wi th the Manual. The UAS will not be operated directly over any person, except authorized and consenting personnel necessary for the Purpose, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergen cy. 15. 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 the UAS and/or deb ris in the event of an accident. The operator must ensure that nonparticipating persons remain 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 and/or; b) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determi ned that it does not present an undue hazard, and; c) Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each operation to be conducted. See , Exemptions 11170, 11172 and 1117 for proposed language.Pg **8** of **13**

16. Prior to any flight , Operator will only be required to obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) for flights that are conducted at heights greater than 400 AGL; in other than Class G airspace; and closer than 5 miles from the geographic center of a non

-towered airport, without a letter of agreement with the airport manager. If requested, Operator will provide telephonic advanced notice to an ATO or file a NOTAM for any flight not requiring a COA.
17. If the UAS loses commun ications or loses its Global Positioning System (GPS) signal, the UAS will be programmed to return to a pre

- determined location within the security perimeter and land or be recovered in accordance with the Manual. 18. The UAS will abort the flight in th e event of unpredicted obstacles or emergencies in accordance with the Manual. 19. Each UAS sortie will be completed within 45 minutes flight time or with 25% battery power remaining, whichever occurs first. 20. All aircraft operated in accordance wi th this exemption will be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, subpart C. Markings will be as large as practicable.
21. The opera tor will 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 procedures will be added to the Man ual.
22. Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins. 23. The operator will develop UAS technician qualification criteria. These criteria will be added to the Manual. 24. The preflight inspection section in the Manual will be amended to include the following requirement: The preflight inspection will account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspect ion sections of the Manual. 25. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requiremen ts. 26. The docum ents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the ground control station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement offi cial upon request. 27. The UAS will 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, et c.).Pg **9** of **13**

28. UAS operations will not be conducted during night, as defined in 14 C.F.R. 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) will not be undertaken. 29. The UAS will not be operated by the PIC from any moving device or vehicle. 30. The UAS will 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. 31. T he UAS will not operate in Class B, C, or D airspace without written approval from the FAA. The UAS will 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 conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator u pon request. 32. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the Federal Aviation Administration’s (FAA) UAS Integ ration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB We b site: www.ntsb.gov. Further flight operations will not be conducted until the incident, acciden t, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 C.F.R. including , but not limited to, parts 45, 47, 61, and 91. **14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.** Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in t he Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operat ion of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, t hat allowing operations of the UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. § 61.113(a) and (b). The FAA has granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080.Pg **10** of **13**

**14 C.F.R. § 91.7(a): Civil aircraft airworthiness.**  The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist fo r determining airworthiness. Given the size of the aircraft and the requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of safety will be provided. **14 C.F.R. § 91.109: Flight instruction:**  Section 91.103 provides that no person may op erate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Fligh t control is accomplished through the use of a radio transmitter that communicates with the aircraft via a receiver in the UAS. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flig ht instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 C.F.R. § 91.119: Minimum Safe A** **ltitudes.** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the F AA. As this exemption is for a UAS that is a helicopter and a UAS Fixed wing and the exemption requests authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner, facility owner and local officials. B ecause of the advance notice to the property owner and participants all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the ma ximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition, the low

altitude operations of the UAS 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, 11063, 11064, 11065, 11066, 11067 and 11080.Pg **11** of **13**

**14 C.F.R. § 91.121: A ltimeter Settings.**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting avail able before departure.” As the UAS in at least one operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
T he FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080. **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 cruisi ng speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approxi mately 40 minutes of powered flight. To meet the 30 minute reserve requ ire ment in 14 C.F.R. § 91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FA R 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 th at Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Cloudview Aerial Surveys 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 ret urn the UAS 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 Exemp tions 11062, 11063, 11064, 11065, 11066, 11067 and 11080.Pg **12** of **13**

**14 C.F.R. §91.203 (a) and (b): Carry ing Civil A** **ircraft 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. (b) No person may operate a civil aircraft unless the airworthiness certificate re quired by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs and typically less than 20 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenan ce Inspections.**  These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaire d as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Flight Operations and Procedures Manual (FOPM) attached as confidential Exhibit 2. (See) 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 areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067 and 11080.Pg **13** of **13**

**Summary**
Purs uant to 14 C.F.R. part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §§ 61.113(a) and (b); 91.7 (a); 91.119(c); 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in Pipeline Inspection & Patrol operations. Approval of exemptions allowing commerc ial operations of UAS for filming for Aerial Survey & patrol work 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, photographed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 6,000 l bs., carrying large amounts of J et A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combusti ble fuel carried on board. The UAS is carried to the operation area and not flown. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will p rovide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the customer for the inspections and, as a resu lt, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people or the use of people to climb the structures to conduct the inspection. **PRIVA CY**  All flights that will occur over private or controlled access property will be with the property owner’s ( or authorized representative) prior consent and knowledge if operating below 200ft over property . Inspection will be of inanimate objects in areas where the owners and /or operator will have consented to observation/ filming or otherwise have agreed to be in the area where inspection will take place if operating below 200ft over property

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

-- si ze, we ight, 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 op eration of applicant’s UAS for the Purposes outlined herein and are consistent with exemptions already granted, including the Similar Exemptions (11062 through 11067, 11080, 11150,11158 11160,11161 and 11172 ).
Respectfully , David W eaver Cloudview Aeri al Surveys