# Background

On July 6, 2015 , Physical Sciences Inc. (PSI) received a letter requesting the following:

• The reasons why granting the request would be in the PUBLIC interest ; that is, how it would benefit the PUBLIC as a whole

• The reasons why the exemption would not adversely affect SAFETY or how the exemption would provide a level of SAFETY at least equal to that provided by the rule from which you seek and exemption This supplemental information for docket FAA

- 2015

- 1077 is pr ovided to answer the above questions. 

# Requested Use of InstantEye sUAS

This exemption is requested to perform Research and Development, Aerial Surveys, Mapping, and Inspections that consist of still photographs, video, and other data obtained by onboard se nsors.


# Public Interest

Enhanced f light o perations s afety is in the Public Interest
Conventional aircraft performing the same Requested Use operations involve heavy , manned , fixed

- wing aircraft or rotorcraft, possibly moving at high speeds, carrying combustible fuels / liquids and one or more crewmembers. Those operations can take place in environments that are congested and in the presence of the general PUBLIC. Incidents and accidents do occur , some of which have led to the loss of life of aircrews an d persons on the ground , as well as property damage due directly to the event or subsequently from fire caused by the event. By contrast, InstantEye is a small Unmanned Aircraft System (sUAS) that is an all

- electric vertical

- take

off

- and

- landing ( VTOL ) veh icle weighing less than 1.5 lbs ( including the payload ) , which poses little to no risk to people or property on the ground. InstantEye is hand

- launched and recovered by the operator in the vicinity of where flight operations are to take place. InstantEye is primarily a hovering UAV platform , designed to collect data from a multitude of sensor payloads from an operator

- selected standoff location. For commercial applications , InstantEye is typically configured to fly at less than 30 mph and below 400 feet. B ecause of InstantEye’s small size ( 40 cm square ), low mass (less than 1.5 lbs), low repositioning velocity (< 30 mph ), and all

- electric systems (no combustible fuels or fluids) , it significantly reduces the risk to the vehicle operator and perso ns or property on the ground , providing ENHANCED FLIGHT OPERATIONS SAFETY , which is in the PUBLIC INTEREST

. 

## Reduced operating costs compared to conventional aircraft is in the Public Interest
Conventional aircraft performing the same Requested Use operations are costly to own and operate , and thus the services provided can be very expensive on a dollars

- per

- hour basis. For example, a manned helicopter performing power l ine inspections can cost $600 to $1,2 00 per hour. The InstantEye system, onthe other hand, is inexpensive to purchase and operate. A complete system including two aircraft, a ground control station, spare parts, batteries, and everything necessary for field operations has a retail price of $7,000. Payloads appropriate for the noted R equested Use can have capital costs of a few h undred dollars up to ~ $6,000. For the Requested Us e s , PSI ha s estimated the cost to operate to be between $120 to $300 per hour
, depending on the specific service performed and the remoteness of operational area. The lower cost per hour of operation of InstantEye compared to conventional aircraft can: a) reduce the cost per survey , which is in the PUBLIC INTEREST (e.g. , b each erosion studies conducted for the Corps of Engineers); b) lea d to more frequent surveying , with an associated enhancement in data volume collect ed and actionable information derived , which is in the PUBLIC INTEREST (e.g. , highway bridge inspections). 

## Reduced environmental impact compared to conventional aircraft is in the Public Interest
All conventional aircraft performing the same Requested Uses consume fuel , with the bulk component of the fuel being a nonrenewable resource. Not only does consuming these fuels negatively impact national energy security, they produce byproducts that are correlated with climate change. Because InstantEye is an all

- electric vehicle , it has a significantly smaller impact on nonrenewable resource consumption and climate change , which are both in the PUBLIC INTEREST. 

# Equivalent or I mproved Safety

Evidence of airworthiness
A critical element of the exemption application involves evidence of airworthiness , and InstantEye has been proven airworthy and received Certification with US Army Special Operations Command (Air Worthiness Release , AWR# IEMK220130521 ) and with the United States Navy ( Air Worthiness Release, NAVYIFC202007Z JAN 15 ). In addition, o n June 25, 2014, the FAA granted San Diego Gas &Electric a Special Airworthiness Certificate in the Experimental category for the InstantEy e Mk

- 2. During this process the aircraft was proven to be in an airworthy condition and safe for the PUBLIC after a 3

- day inspection process. 

## Reference to previous exemptions for same sUAS system
This exemption request is similar in all material respects to relief previously granted through Exemption Nos. 11062, 11109, 11112, 11213, and 11238. In addition , the InstantEye Mk

- 2 sUAS has been granted exemption approval in Exemption No s . 11217 and 1123 8. The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to this situation

. A grant of exemption is in the PUBLIC interest , and the exemption would not adversely affect SAFETY

. 

## Size, materials and automatic fl ight safety
The InstantEye sUAS is an all

- electric vertical

- take

- off

- and

- landing (VTOL) vehicle weighing less than 1.5 lbs (including the payload)

. InstantEye is hand

- launched and recovered by the operator in the vicinity of where flight operations are to take place. InstantEye is primarily a hovering UAV platform, designed to collect data from a multitude of sensor payloads from an operator

- selected standoff location. For commercial applications, InstantEye is typically configured to fly at less than 30 mp h and below 400 feet.Because of InstantEye’s small size (40 cm square), low mass (less than 1.5 lbs), low repositioning velocity (< 30 mph), and all

- electric systems (no combustible fuels or fluids), it significantly reduces the risk to the vehicle operat or and persons or property on the ground, providing ENHANCED FLIGHT OPERATIONS SAFETY, which is in the PUBLIC INTEREST

. The InstantEye sUAS requires that the aircraft and the GCS remain in constant communications at all times during flight operations. If for any reason the command and control RF link between the aircraft and the GCS is lost for more than 7 seconds , the air craft will execute a lost communications procedure

– descend, land and shut down propulsion. If the aircraft is executing the lost communications procedure and the command and control link is reestablished, the operator can regain control of the system an d recover normally. This robust lost communication procedure ensures that a “fly away” condition will not occur if the operator loses command and control link with the aircraft providing for SAFE FLIGHT OPERATIONS , which is in the PUBLIC INTEREST

. 

## System Training
All InstantEye operators receive flight training from the manufacturer (Physical Science Inc) or a designated Master Trainer who has received flight training from PSI. During the flight training course the student is thoroughly familiarized with the system, its operation and maintenance, and safe operations during normal and emergency situations. System training is divided into two parts: classroom instruction where the student learns details on the system; and flight operations where the studen t, a) becomes proficient in operating the aircraft, and b) demonstrates to the instructor that he/she can operate the system in normal and emergency situations. The training that each InstantEye operator receives ensures FLIGHT OPERATIONS SAFETY, which is in the PUBLIC INTEREST

. 1. Exemptions requested per 14 C.F.R :

a. § 91.7(a) Civil Aircraft Airworthiness: No person shall operate a civil aircraft unless it is in an airworthy condition. On June 25, 2014, the FAA granted San Diego Gas & Electric a Special Airworthiness Certificate in the Experimental category for the InstantEye Mk

- 2. During this process the aircraft was proven to be in an airworthy condition and safe for the PUBLIC. In addition, InstantEye has been proven airworthy and received Certificatio n with US Army Special Operations Command and with the United States Navy (Air Worthiness Release, AWR# IEMK220130521 and NAVYIFC202007Z JAN 15 respectively)

. b. § 91.109 (a) Flight Instruction: No person may operate a civil aircraft (except a manned free bal loon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. InstantEye does not have dual controls; instead

, InstantEye has a fully functioning Ground Control Station (GCS ) which can be quickly passed from one operator to another if
necessary . When flights are performed, no pilots will be on the aircraft and the InstantEye aircraft is maintained at a safe distance from the operator and the PUBLIC , causing no SAFETY hazard. The FAA has approved exemptions for flight training in the past without fully functional dual controls (s ee Exemption 5778K and 9862A ) . A n equivalent level of SAFETY will be achiev ed by the manufacturer provided training

– supporting documents are provided to the FAA as a proprietary document. In addition, all trainers are fully qualified pilots that are familiar with InstantEye operations via working and training the military, and all trainers have accumulated a vast number of flight hours on the InstantEye system

.

c. § 91.113 See and Avoid : Method for See

- and

- Avoid (§ 91.113). When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules orvisual flight rules, vigilance shall be maintained by each p erson operating an aircraft so as to see and avoid other aircraft. The InstantEye sUAS is strictly a line

- of

- sight aircraft and will always be in constant contact with the operator and visual observer. See

- and

- Avoid will be conducted by the operator and vigilance shall be maintained by each operator so as to “see and avoid” any other aircraft.

All visual observers will be qualified and understand the rules and responsibilities described in § 91.111 (Operating n ear other aircraft), § 91.113 (Right

- of

- way rules: Except water operations), and § 91.155 (Basic VFR weather minimums). There will be no adverse impact to the PUBLIC because each visual observer will be fully qualified. In addition, it will not adversely a ffect SAFETY because the visual observer will have constant eye contact with the aircraft at all times. This provides a level of SAFETY above and beyond what’s required in § 91.113.

d. § 91.119 Minimum Safe Altitudes, no person may operate an aircraft below t he following altitudes: Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. PSI will never operate InstantEye higher than 400ft AGL and will avoid congested or populated areas

, po s ing no risk to the PUBLIC . This exemption will not adversely affect SAFETY because of the size, weight, speed, and material with which InstantEye is built (described above) . Compared to manned aircraft that currently conduct market research, aerial survey s, mapping and inspections, this unmanned aircraft

– which weighs less than 1.5 lb and doesn’t carry flammable fuel

– will pose far less risk than currently allowed with conventional aircraft.

e. § 91.121 Altimeter settings: Each person operating an aircraft shall maintain the cruising altitude or fight level of that aircraft, as the case may be, by reference to an altimeter that is set to the appropriate station. The InstantEye sUAS uses barometric altitude pressure but does not program in an altimeter setti ng. The altitude is monitored by the operator and constantly watched by the visual observer. This exemption will benefit the PUBLIC because the visual observer and operator are in visual line of sight at all times, and will not pose any risk to the PUBLIC

. f. § 91.151 (b) Fuel requirements for flight in VFR conditions: No person may begin a flight in a rotorcraft under VFR conditions unless there is enough fuel to fly to the first point on intended landing and, assuming normal cruising speed, to fly that for at least 20 minutes. The InstantEye sUAS is battery operated with a maximum flying time of 30 minutes. However, this
poses no SAFETY risk because the takeoff point is also located at the landing point and will cause

no SAFETY hazard to the PUBLIC

. To ens ure an equivalent level of SAFETY, t he operator will ensure that there is sufficient reserve power to operate for at least 5 minutes beyond the time needed to conduct the operations

. This i s more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area

, mainly because the aircraft will always be line of sight. In addition, InstantEye carries no pilot, passenger, or cargo

, s o this also enhances SAFETY and is in the best interest of the PUBLIC

. The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673, 10808, and 11213.

g. § 9 1.207 Emergency Locator Transmitters: No person may operate a U.S.

- registered civil airplane unless there is attached to the airplane an approv ed automatic type emergency locator transmitter. The InstantEye sUAS does not use an ELT ; all operations are VFR and in line of sight with a visual observer.This exemption will benefit the PUBLIC because the visual observer and operator are in line of si

ght at all times with the sUAS. In addition

, if the sUAS needed to be located on the ground, the GCS will point to the sUAS to locate it and show range to the sUAS.



# Conclusion

Due to the size, weight, speed, and material with which InstantEye is build , the grant of the requested exemption is clearly in the PUBLIC interest . In addition, based on the path in which Section 333 of the Reform Act is going , and the strong equivalent level of SAFETY surrounding our proposed operations; this will s ignificant ly b enefit the PUBLIC by transitioning the cost saving for services such as aerial surveying, mapping and inspection applications from manned aircraft to sUAS

. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay

. Thank you for your time, and please direct all questions and concerns to Mr. Thomas Vaneck at PSI: vaneck@psicorp.com