November 26 , 2015

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

Re: Petition of Arrow Consulting, LLC for an Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 20 12

Director: Flight Standards S ervice:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and

14 C.F.R. Part 11, Arrow Consulting, LLC (“ Arrow Consulting ”) hereby applies for an exemption from the Federal Aviation Regu lations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or “UAS”) for the purpose of conducting aerial photography and videography for agricultur al data collection

, and mapping

.

Th is petition for exemption is made based on information outlined in this Petition for E xemption, as well as the accompanying Arrow Consulting documents.

1. Flight Operations Manual a nd;

2. Operations Manuals
(Collectively referred to as Operations Manuals")

3. User Guide and;

4. Flight Manual 1
(Collectively referred to as "Manufacturer's Manual").

Arrow Consulting submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or propr ietary

information that Arrow Consulting has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. 

### NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF

THIS LETTER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE

RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM

THE PETITIONER.

1 The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, servic e information letters and, safety/service bulletins

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November 26

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For your convenienc e, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Agricultur al Data Collection, Mapping, a nd Infrastructure Inspection

III. Relevant Statutory Authority

IV. Arrow Consulting ’s Proposed UAS Operations Meet the Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From W hich Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Iden tification Requirements

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

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircr aft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

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

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summar y X. Conclusion

I. DESCRIPTION OF PETITIONER

Arrow Consulting

, based in Manhattan, KS provides aerial digital photography

, videography for

a gricultural surveying and mapping for the farming industry

. The Company’s Principal andU.S Department of Transportation

November 26

, 2015 Page 3

Chief Pilot Deon Van der Merwe has been flying UAV fixed wing and rotary wing aircraft as a hobby for more than 15 year s without incident, spen d ing thousands of hours flying

. He has also

been involved in small UAS

- based research at Kansas State University since 2007, operated

smal l UAS for agricultural applications in Brazil and China, and served as a flight crew member for flights conducted for academic research at Kansas State University under the appropriate COA’s. Deon Van der Merwe is an internationally recognized expert in sU AS applications in agriculture. He has consulted for several agricultural remote sensing companies, and has conducted workshops , seminars and lectures on the use of sUAS

- based data in agriculture at universities and continuing education events in the USA, China, Brazil, Australia, and South

Africa. Upon the grant of the 333 Exemption Arrow Consulting will specialize in aerial digital photography and videography for the farming industry and provide agriculture property mapping

and data collection and crop co ntrol services. Its staff are well trained and experienced in providing support as visual observer s (“VO”) for the pilot in comma nd (“PIC”) in addition to any other needed on site assistance

.

All of the equipment owned by Arrow Consulting is of the highest quality gear and proven to provide these services safely and without any claims or incident

. Arrow Consulting ’s goal is to advise the perspective client that Arrow Consulting is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Arrow Consulting seeks an exemption to allow aerial digital photography and videography for agricultural surveying and m apping

. The contact information for Petitioner is as follows:

Deon Van der Merwe Arrow Consulting , LLC

3325 Arrowhead Drive Manhattan, KS 66503

Phone: 785.587.5064

Email: dmerwe2@gmail.com

II. DESCRIPTION OF PROPOSED OPERATION

Arrow Consulting seeks an exemption pursuant to Section 333 of the Reform Act to operate 3DR Iris+; Rightwing Zephyr , and Ritewing Drak (referred to as AC

- UAS ) ( all under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly

controlled conditions on private property where Arrow C onsulting has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Arrow Co nsulting ’s Operations Manuals. As detailed in Arrow Consulting ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions,

within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at

least 5 nm away from an airport reference point

. Moreover, Arrow Consulting ’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.U.S Department of Transportation

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A. Agric ulture Data Collection, Mapping, And Infrastructure Inspection

Arrow Consulting seeks to use small AC

- UAS for the purpose of providing aerial digital photography and videography for agriculture mapping and crop control for their client base

. Arrow Consul ting has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the real estate

indu s try, including :

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherman (Ex emption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )

 From Above Photo Image (Exemption No. 12691)

 Wilson Assoc (Exemption No. 12750)

 Mark Reid (Exemption No. 12767)

 Flight Ventures, LTD (Exemption No. 12284)

All UAS photography and videography operation s will occur on private property or approved

location in a controlled area away from spectators and persons not involved in the recording

process . In addition, the photography and videography will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Arrow Consulting ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS photography and videography is also safer than traditional manned aircraft

p erfor m ing the same function. Videographer

- inspectors also frequently need to climb ro of tops

, trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with farming sites and construction facilities often involves a risk of exposure to hazardous

conditions . The use of AC

- UAS mitigates these hazards and is ultimately a much safer and cost

efficient method of performing these a nd most other types of i n spections.

Moreover, c onventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amoun ts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition

.

UAS photography and videography is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration at a very low

cost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be

inaccessible or highly dangerous using conventional aircraft or other inspecti on methods. UAS inspection of agricultural lands, due to its location away from people and structures, posesU.S Department of Transportation

November 26

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insignificant risk to people and property on the ground. Agricultural fields are sa fe landing areas, allowing immediate and rapid descent to a safe landing area during the rare events when manned aircraft pass through the flight area at an altitude similar to the UAS.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA

Modern ization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considerations:

● 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 the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§

44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. AERIAL CONCEPT ’S PROPOSED AC

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small AC

- UAS operations prop osed by Arrow Consulting as noted above in this Petition for

E xemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The AC

- UAS utilize d by Arrow Consulting ha s been approv ed for use in prior

Section 333 Grants of Exemption from the FAA. 2

 The AC

- UAS weigh s less th an 55 pounds, including payload

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138) ; Grant of Exemption to Alon Sicherman (Exemption No. 11728) ; Grant of Exemption to Sokoler Medly (Exemption No. 11341)

.U.S Department of Transportation

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 The AC

- UAS will not be flown at a ground speed in excess of 50 knots. The

exemption holder may use either groundspeed or calibrated airspeed t o determine compliance with the 50 knot speed restriction.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The AC

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground cont rol station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the AC

- UAS comply

with the Federal Communications Commissio n ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the AC

- UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the AC

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident o r incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Arrow Consulting ’s Operations Manuals

Operations Manuals and the Manufacturer's Manual fo r the selected AC

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Arrow Consulting ’s proposed opera tions, below is a summary of operational limitations and conditions

that Arrow Consulting will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The AC

- UAS weighs less tha n 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representat ive will be obtained

for each scheduled flight prior to operation

.

3. All UAS operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance w ith 14 CFR part 45, Subpart C. Markings will be as large as practicable.U.S Department of Transportation

November 26

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4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in

Command ("PIC") of the AC

- UAS , and one or more Visual Observers ("Observer") as necessary to safe ly conduct the mission.

5. PICs shall possess either a 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 Columbia, Puerto Ric o, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

6. The AC

- UAS shall be operated within VLO S of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communica te verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Arrow Consulting ’s Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Arrow Consulting ’s Operations Manuals, the conditions and limitations in the Grant of

Ex emption shall take precedence and must be followed. Otherwise, Arrow Consulting shall follow the procedures outlined in their Operations Manuals.

10. Arrow Consulting may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon

request. Arrow Consulting will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would a f fect the ba sis upon which the FAA grants the exemption, Arrow Consulting will seek an amendment to its Grant of Exemption. Arrow Consulting will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the ope r ating docum ents.

11. Arrow Consulting Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the AC

- UAS is operating.

12. The PIC is prohibited from beginning a AC

- UAS flight unless (considering wind and

forecast we ather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the AC

- UAS will be

limited t o 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.U.S Department of Transportation

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14. Flights will be operated at an altitude of no more than 400 feet AGL and will never

enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 fe et horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or s tructures 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 remain under such protection. If a situation arises where nonparticipatin g 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 grante d permission 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, 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).

16. The AC

- UAS 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.

17. The AC

- UAS may not operate within 5 nm of an airport reference point 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 Arrow Consulting CO A. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the AC

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will ac count for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any AC

- UAS if the inspection reveals a condition t hat affects the safe

o peration of the AC

- UAS until the necessary maintenance has been performed and

the AC

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alte rnations must be properly documented in the UAS ’s records as required by Arrow Consulting ’s Operations Manuals.

19. Arrow Consulting will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the AC

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the AC

- UAS to service.U.S Department of Transportation

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, 2015 Page 9

20. Any AC

- UAS th at has undergone maintenance or alterations that affect the UAS

operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Arrow Consulting ’s Operations Manuals. Th e PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and AC

- UAS record entry shall be included in the Arrow Consulting ’s Operations Manuals.

21. The AC

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements o n Arrow Consulting ’s Operations Manuals.

23. Arrow Consulting will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM w ill be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the AC

- UAS loses communication with the PIC , it will have the capability to safely

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The AC

- UAS will have the capability to safely abort flig ht in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for film ing, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar AC

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61 .51(b) as UAS pilot operating the make and model of AC

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.U.S Department of Transportation

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31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The AC

- UAS shall 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, par asailing activities, hang gliders, etc.).

33. AC

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. T he UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and b e in compliance with the general restrictions imposed by the applicable regulations . Additionally no PIC will provide any film

- flight operations while in motion from atop any elevated platform vehicle or

device.

35. Before conducting operations, the radio fre quency spectrum used for operation and

control of the AC

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviatio n 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, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Arrow Consulting seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of c onducting the requested operations using AC

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to

3 49 U.S. C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why gr anting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.U.S Department of Transportation

November 26

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aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemptio n is needed. 5 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Arrow Consulting ’s use of the AC

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV (A), the AC

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in exc ess of 50 knots. The AC

- UAS is also equipped with safety features which will allow Petitioner to operate the AC

- UAS safely after experienc ing certain in

- flight contingencies or failures as noted below

. 6 7 Additionally, the AC

- UAS carr ies neither pilots n or

passengers, carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated

in Arrow Consulting ’s Operations Manuals

.

Operations condu cted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Arrow Consulting will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation

of the AC

- UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certific ate

. Lastly, the AC

- UAS do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the AC

- UAS

. 8 In addition, no

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. Th ese safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC . (FAA

- 2014

- 0382 at pgs. 4

- 5): The AC

- UAS can be operated entirely by a tou ch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The AC

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply c licking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states fur ther that the UAS has built

- in intelligent fault handling which allows the AC

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding p re

- set wind thresholds; and low battery levels. All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a fl ight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).U.S Department of Transportation

November 26

, 2015 Page 12

sense

- and

- avoid technology is necessary fo r the AC

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Arrow Consulting ’s small AC

- UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's

airworthiness standards for the same reasons ide ntified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Arrow Consulting seeks an exemption from the aircraft marking and identificati on requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft

is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determi ned that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in

a ccordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

9 . Id

10

. FAA Docket No. FAA

- 2014

- 0352.U.S Department of Transportation

November 26

, 2015 Page 13

Equivalent Level of Safety

All AC

- UAS flown by Arrow Consulting will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

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

Arrow Cons ulting seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a ) ( 1), 91.409(a ) ( 2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. Se e, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS platforms to be operated under this grant of exemption

will not have . (Emphasis added)

Equivalent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Fu rther, as required by Arrow Consulting ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the AC

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified t o address any conditions potentially affecting safe operation of the AC

UAS and no flights will occur unless, and until, all flight critical components of the AC

- UAS have been found to be airworthy and in a condition safe for operation. A functional test f light will be conducted following the replacement of any flight

- critical components. As required by Arrow Consulting ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the AC

- UAS aircraft records of the flight.

Arr ow Consulting ’s Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerp lant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Arrow Consulting ’s Operatio ns Manuals also include procedures to document and maintain a record of the AC

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in

service of the AC

- UAS used under this Grant of E xemption. As a whole, the maintenance and inspection procedures required in Arrow Consulting ’s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

November 26

, 2015 Page 14

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privil eges and Limitations

Arrow Consulting seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any

PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the AC

- UAS will be

operate d as part of a commercial oper ation, they carr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al c ost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Arrow Consulting has placed on its AC

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Arrow Consulting wil l operate on private

property or approved location away from persons and property not involved in the operation. Arrow Consulting will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be c onducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrict ions, Arrow Consulting will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of AC

- UAS flight. As set forth

in th e Operations Manuals, pilots will have experience not only in AC

- UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Arrow C onsulting . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Arrow Consulting pilots are competent and proficient in the AC

- UAS they are operating. Arrow Consulting ’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF T HE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UASs, Arrow Consulting seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

November 26

, 2015 Page 1 5

condit ion to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V ( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b ) ( 2) and § 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b ) ( 2): (b) 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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 certifi cate required 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.

Given the small size and configuration of the AC

- UAS , it woul d be impossible to keep

airworthiness documents and other aircraft manuals on board the AC

- UAS because there is simply no room and the AC

- UAS has no cabin or cockpit. As a way to comply with the code Arrow Consulting will maintain the documents with the P IC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and

91.2 03(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during

13 See Id. at 13

- 14, 22.

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Stand ards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

November 26

, 2015 Page 16

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground c ontrol station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Arrow Consulting seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is require d.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Arrow Consulting ’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Arrow Consulting ’s Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing an d takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Arrow Consulting ’s Operations Manuals and the Manufacturer's Manual will

be kept at the ground control station and will be accessible to the PIC at all time s while operating

the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Arrow Consulting seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that i s being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device th at communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UASs that Arrow Consulting intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Arrow Consulting ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Arrow Consulting ’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedur es provided for in Arrow Consulting ’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.U.S Department of Transportation

November 26

, 2015 Page 17

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Arrow Consulting requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from a ny person, vessel, vehicle,

or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surf ace," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed AC

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the AC

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the AC

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tion ally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the AC

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights

pro posed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

AC

- UAS , as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. structure whose hei ght exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the AC

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the AC

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the AC

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Arrow Consulting ’s Operations Manuals w ill ensure operations can be conducted without

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

November 26

, 2015 Page 18

compromising public safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settings

Arrow Consulting seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising alti tude or flight level by reference to an altimeter that

is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Eq uivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS base d altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The AC

- UAS s that A rrow Consulting intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Arrow Consulting ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each fligh t operation. Like prior FAA Section 333 Grants of Exemption, the AC

- UAS s Arrow Consulting intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achi eved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

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

Arrow Consulting requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flig ht in VFR conditions. Section 91.151 states:

(a) No person may begin 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 n ormal cruising speed

–

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident,
then the UA may ope rate closer than 500 feet to persons afforded such protection. The operator must also ensure
that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons
leave such protection and are within 500 feet of t he UA, flight operations must cease immediately. When

conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating
persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and

structures when the owner/controller of any such vessels, vehicles or structures grants permission for the
operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines

that it does no t present an undue ha z ard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

November 26

, 2015 Page 19

(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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Arrow Consulting ’s intention to fly the AC

- UAS at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a AC

- UAS flight unless (consideri ng wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batte ries for the AC

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the AC

- UAS operating manual states: “start ever y flight with a fully charged battery in the aerial vehicle”, and

that in the event that the AC

- UAS should run low on power, the PIC will be alerted and can safely land the AC

- UAS as soon as possible. Like the VDOS Grant of Exemption, Arrow Consulting ’s us e of the AC

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA

determin ed that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to sa fely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Arrow Consulting will adhere to this limitation for its AC

- UAS flights.

The AC

- UAS includes a low battery warning system and the amount of b attery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the AC

- UAS to a ground

- based

- on

- screen display. 20 As required by Arrow Consulting ’s Operations Manuals, the PIC will promptly fly the AC

- UA S back to the home launch location or

pre

- det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Arrow Consulting submits that the procedures requiring flights to be safely terminated once the ba tteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20 . T he AC

- UAS ground control station displays, the UASs position, navigation route, tail number, altitu de, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Department of Transportation

November 26

, 2015 Page 20

prov ide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Arrow Consulting will have policies in place to ensure that no person may participate in AC

UAS fl ight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Arrow Consulting ’s Petition for Exemption. Congress has established a national policy that favors early integrati on of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the

Reform Act

— the FAA Administrator's asses sment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed AC

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of providing

surveillance and modeling services requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the

individua l is neither trained n or equipped to perform , which exposes them to unnecessary risk of

serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific

locations for potential recording sites to be used in the end product

. The use of small UASs can eliminate these hazards and ultimately creat e a much safer me thod of performing these types of inspections creating a safer environment for the public as well as Arrow Consulting employees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UAS carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Arrow Consulting ’s small battery powered AC

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21

As P etitioner's AC

- UAS are battery powered, the public will also benefit from a reduction in

harmful petroleum based emissions associated with conventional aircraft perform ing in the same

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting

aeria l filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely lo cated from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or acc i dent.

Risk to an onboard pilot and crew during an incident or acciden t is eliminated with the use of a UA for the aerial filming operation."U.S Department of Transportation

November 26

, 2015 Page 21

functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic t ool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished produc t demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current industrial pro duct is increasing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All AC

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permis sion from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the follow ing summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23( b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a ) ( 1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew , production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLU SION

Arrow Consulting ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed AC

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

November 26

, 2015 Page 22

demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing Arrow Consulting to use small AC

- UAS in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Deon Van der Merwe Arrow Consulting, LLC

3325 Arrowhead Drive Manhattan, KS 66503

Phone: 785.587.5064

Email: dmerwe2@gmail.com

(The following attached items contain pr oprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating M anual

3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manu als

b. UAS Maintenance Manuals