### U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590 Filed with www.regulations.gov October 15, 2014

Re: Petition for Exemption Under Section 333 ofthe FAAReform Act and Part 11 ofthe Federal Aviation Regulations DearMadam, Sir, Pursuantto Section 333 oftheFAAModernization and Reform Act of2012 (the "ReformAct"), P.L. 

### 112-95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11, Roger W. MeyerPLS (Professional Land Surveyor), d.b.a. Montana Land Surveys ("MLS") providing land surveying services in EasternMontana and North Dakota, seeks an exemption from the Federal Aviation Regulations ("FARs") and listed below: 14 C.F.R. Part 21 14 C.F.R. 45.23 14 C.F.R. 45.29 14 C.F.R. 61.23 14 C.F.R. 61.3 14 C.F.R. 61.113(a) & 

### (b) 14 C.F.R. 61.133(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9 14 C.F.R. 91.109(a) 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 14 CFR SubpartE (91.401

- 91.417) Summarized for purposes ofFederal Registerpublication: Applicantseeks an exemption from thefollowing rules:

. 14 C.F.R. Part21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.23, 14 C.F.R. 61.3, 14 C.F.R.

, 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151(a), 14 C.F.R. 91.203, 14 CFR SubpartE (91.401- 91.417) to operate commerciallya small unmannedvehicle (55lbs or less) augmenting its landsurveying operations. 

### Contact information for the Applicant is: Roger W. MeyerPLS, d.b.a. MontanaLand SurveysMailingAddress: POBox 176 Physical Address: 22N. Main Lambert, Montana 59243 Phone:406-774-3390 Email: surveyor@midrivers.com The requested exemption would authorize MontanaLand Surveys to perform commercial operations thatwould enhance its existing Surveying and Mapping services, including butnot limitedto imaging for Precision Agriculture applications, Digital TerrainModeling, Infrastructure reconnaissance and inventorywith GIS applications for Private, Local, State and Federal entities, Riparian Boundaries ofState andFederal owned lands associated with navigable rivers, all ofwhich have become ofmajorimportance in the area due to the economic impacts ofa Bakken oil exploration andproduction inNorthDakota and Montana. These services will be augmented byuse ofeither or all ofthe following: The eBee, a fixed wing UA V manufacturedby SenseFly, A Parrot Company ("SenseFly") The U:X:5, a fixed wing UAV manufacturedbyTrimble NavigationLimited ("Trimble") The requested exemptionwould authorize commercial operations using these UAVs for land survey applications. These operations will be subject to strict operating and conditions defined bythe UAVmanufacturer's standards andprocedures in orderto ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircrafts. Upon receipt ofthe exemption contemplatedherein, MLS shall, ifrequired, obtain a Certificate ofWaiver orAuthorization (COA) form the FAA Air Traffic Organizationpriorto conducting operation(s) in theNAS. Further, the professional services to be augmented bythe uses contemplated herein are, by law, performed under the supervision ofa Registered Land Surveyorwhom, byvirtue ofhis orher experience and licensing, technical knowledge ofGPS, plane geometry, trigonometry and spherical geometry along with a full understanding ofthe rights ofall owners ofpropertyboth above and below its limits, inherently and uniquely make MLS a particularlywell suited entity for the safe and efficient commercial use ofUAVs. Infact, certain aspects ofthe contemplated services using UA Vs are regulated by State Law and Regulation promulgatingthe licensing of land surveyors. Bythis petition, MLS seeks an exemptionthatwill authorize it to use the eBee orU:X:5 for commercial purposes provided its operators comply with anyterms and conditions of the FAAs anticipated grant ofexemption, including theprocedures and requirements set forth in the respective manufacturer's user manuals. MLS requests the FAAtreatthe eBee user manual and the Trimble usermanual, as proprietaryunder 14 C.F

### .R. 11.35(b) and not include such documents in the public docket. These manuals are, byreference, incorporated herein and are part ofexistingPetitions for Exemptionunder Section 333 ofthe FAAReform Act and Part 11 oftheFederal Aviation Regulations, identified as follows:• Docket ID:FAA-2014-0367 • Petition of: TrimbleNavigation Limited for an exemption from portions of 14 C.P.R. Part21; • Document Type: Other • Document Subtype: Petition(s) • Status: Posted • Received Date: May 30, 2014 AND

• Docket ID:FAA-2014-0727 • Petition of: SenseFly, LTD for an exemption from portions of 14 C.F.R. Part 21; • Document Type: Other • Document Subtype: Petition(s) • Status: Posted • Received Date: May 30, 2014

Underthe requested exemption, MLS as operator ofthe eBee andthe UX5 will ensure thatthe aircraftwill be operated, underthe direct supervision ofa Registered Professional Land Surveyor and by an individual who has completedthe UAV manufacturer'straining program for operation ofthe UAS. 1. CHARACTERISTICS OF THE AIRCRAFT Boththe eBee andthe UX5 are a small and ultra-lightplatform thatperformprecision aerial mapping missions using onboard GPS and related proprietary flight management software that allows the operatorto plan safely and efficiently a mission in 3D, andthen monitor it inrealtime. An embedded camera, protected by a foam envelope, takes a collection ofhigh-definition still images that are used laterto generatephotographs, maps and contour lines ofthe surveyed area. The four main characteristics ofthe UAVs are:

a. Very light weight The vehicles are so light enoughthatthe operator can launch itbyhand and let it land on almost any surface withoutrequiring a parachute or landing net (belly land). Their lowkinetic energy also significantly reduces the risk ofhazardous situations. Finally, wings are detachable and made offlexible foam withno sharp orhard edges and almost no internal strengthening structure.b. Electric-powered The UAVs are is electric-powered. A brushless engine technology makes it silent and reliable. The propeller can easily flex away in case ofcontact with any object.

c. Semi-automatic flight The artificial intelligence incorporated within the UAVs autopilot system continuously analyzes data from the Inertial MeasurementUnit and from the onboard GPS and takes care ofall the aspects ofthe flight underthe supervision ofthe operator. d. Option for Manual control Additionally, the UAVs provide an override capabilitythat allows the operatorto take manually initiate autonomous actions duringthe flight such as "returnhome", "land" or, "hold and resume the mission". The operator can also suspend automated operations andtake manual control ofthe aircraft should it become necessary to respond emergency circumstances, thanks to the remote controllerprovided with the system. 2. APPLICATIONS AND ADDED VALUE OFTHE UAVs Mapping applications may include agricultural applications, mining, construction and survey/GIS operations. There are many operational benefits related to the use ofthis solution:

a. The UA Vs bring safetyto daily survey operations: there is no need for the humans to access dangerous working areas anymore (mines, quarries, orpolluted sites). The missions can beprogrammed and reproduced reliably as often as needed for regularly updated maps. b. The UA Vs are a cost-effective solution. It is cheaperto operate a UAS ratherthan an aircraft or other ground systems for the same results. Moreover, small UAS like the eBee andthe UX5 canhelp Agbusinesses and farmers face the growing needs ofthe population while reducing operational costs. These UAVs also enable the ability to take up new challenges -like water or environmental managementthrough analysis ofvegetation index maps.

c. Users can save time and workmore efficientlybyusing a UAV. A mission does not need a long preparationtime or long deployment constraints, or long waiting time for perfectweather conditions unlike, for example, the use ofsatellites. Initial results are accessible directly on-site, which is impossible with images providedby satellites or manned aircrafts. d. Lastly, butpossibly most importantly, is the efficiency aspects ofthese systems in the development, production and maintenance ofthe infrastructure related to the national energy issues that are beingplayed out inthe extraction oftight oil reserves in various parts ofthe United States. MLSs area ofservice includes the Bakken Reserve inNorth Dakota and Montana which is situate in some ofthe mostrural parts ofthe Country where design/build services desperately needing the services suggested herein are rare or sometimes non-existent. The ability

### ofUAVsto remotely gather information for use inthe proper and efficientplanning, design, construction and maintenance ofthe infrastructure beingrequired bythe Bakkenwill help the social, economic and safety ofthe currentresidents along withthe huge influx ofworkers and their families. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333



### a. Airworthiness assessment SenseFlyhas demonstrated their respective airworthiness through many and variednational international projects, involving state/federal agencies oruniversities (among others the New Mexico State University: https:/ /newscenter.nmsu.edu/Articles/view II0208/nmsu-uas-flighttestcenter-conducts-ebee-airworthiness-assessment, and the US Army Corps ofEngineers ("USACE") New Orleans, who coordinated with the Department ofArmy and the FAAto obtain all authorizations required in orderto operate the eBee UAS). Moreover, SenseFly has obtained flight approvals for the eBee from the national civil aviation authority in many countries, including: Switzerland (flight approval for Visual Line ofSight "VLOS" operations) Canada (flight approval for VLOS operations) Australia (flight approval for VLOS operations) France (flight approval for Extended-VLOS operations) Germany (flight approval for VLOS operations) United Kingdom (flight approval for VLOS operations) Norway (flight approval for VLOS operations) Sweden (flight approval for VLOS operations)

- .Denmark (flight approval for VLOS operations)

Trimble believes that it has shown compliance withthe requirements ofOrder 8130.34C, Airworthiness Certification ofUnmanned Aircraft Systems and Optionally PilotedAircraft, in its pending SAC application for the UX5. The criteria set forth in the Order specify the substantive showings ofthe device's safety and fitness for operation to ensure thatthe FAAhas sufficient basis to evaluate the aircraft's safety.6 Trimble submits that completion ofthe SAC process for the UX5 provides assurance ofthe public safety for the aircraft type, given thepriorreviewby the FAA under Part 21 for the predecessor model, the X-100, in connection with the issuance of a SAC for the X-100 b. Operating Conditions Grant ofthe exemption to MLS will be subject to the following operating conditions, The operatorproposedthe following conditions and/or limitations, which were acceptedby theFAA.2

### 1. The UAwill weigh less than 55 lbs. Operations will be limited to the SenseFly eBee and the Trimble UX5. Proposed operations ofany other aircraft will require an amendmentto the grant ofexemption contemplated herein. 2. Flights will be operated withinvisual line ofsight (VLOS) ofa Pilot in Command (PIC) and/or Visual Observer (VO).

3. Maximumtotal flight time for each operational flight will be 30 minutes. Flights willbe terminated at 25%batterypowerreserve should that occurpriorto the 30 minute limit.

4. Flights will be operated at an altitude ofno more than 400 feet AGL.

5. The UAS will only operate within a confined, preprogrammed survey area.

6. A briefing will be conducted in regard to the plannedUAS operations priorto each day's flight mission. It

### will be mandatorythat all personnel who will be performing duties within the boundaries ofthe safetyperimeterbe present for this briefing.

7. Pilot and observerwill have beentrained in operation ofUAS generally and received upto-date information onthe particular UAS to be operated as required in the respective the Manuals. The operator's manual will be maintained and made available to the Administratorupon request. Ifa discrepancy exists betweenthe conditions and limitations ofan exemption and the procedures outlined inthe operator's manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mustfollow the procedures as outlined in its operator's manual. The operator mayupdate orrevise its operator's manual. It is the operator's responsibility to track such revisions and presentupdated and revised documents to the Administrator upon request. The operatormust also presentupdated andrevised documents ifitpetitions for extension or amendment. Ifthe operator determines that any update orrevision would affectthebasis for which the FAA grantedthis exemption, then the operator must petition for amendmentto their exemption. The FAA'sUAS Integration Office (AFS-80) maybe contacted ifquestions arise regarding updates or revisions to the operator's manual. 8. PIC and VO will at all times be able to communicatebyvoice and/or text.

9. Written and/or oral permission from the relevantproperty holders will be obtained.

### 10. All requiredpermissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

11. IftheUAS looses communications or looses its GPS signal, the UAS will have capability to return to a pre-determined location within the SurveyArea and land.

12. The UAS will have the capabilityto abort a flight in case ofunpredicted obstacles or emergencies. 13. Priorto each flight the PIC must inspectthe UAS to ensure it is in a condition for safe flight. Ifthe inspectionreveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, mustbe included in the preflight inspection. All maintenance and alterations mustbe properly documented in the aircraft records. 14. Any UAS thathas undergone maintenance or alterations that affectthe UAS operation or flight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight in accordance with the operator's manual. The PIC who conducts the functional test flight mustmake an entry inthe UAS aircraft records ofthe flight. The requirements andprocedures for a functional test flight and aircraftrecord entry mustbe added to the operator's manual.

15. The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements mustbe established and identified in the operator's manual. At a minimum, the following mustbe included in the operator's manual:

a. Actuators I 

### 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 (ifused) 

### j. Any other components as determined bythe operator''

16. Ifplanned operations occurwithin 5 miles ofCommercial Services Airport as defined by the FAA,the operatormust obtain an AirTraffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA) priorto conducting any operations. This COAwill also require the operatorto request a Notice to Airman (NOTAM) notmore than 72 hours in advance, butnot less than48 hours priorto the operation. 17. All aircraft operated in accordance with this exemptionmustbe identifiedby serial number, registered in accordance with 14 CFRpart47, and have identification (NNumber) markings in accordance with 14 CFRpart45, Subpart C. Markings mustbe as large as practicable. 18. The operator must develop procedures to document and maintain a record ofthe UAS maintenance, preventative maintenance, alterations, status ofreplacement/overhaul componentparts, and the total time in service ofthe UAS. The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered inthe relevantpreflight inspection sections ofthe operator's manual. 19. EachUAS operatedunderthis exemptionmust comply with all manufacturer Safety Bulletins. 20. Before conducting operations, the radio frequency spectrumused for operation and control ofthe UAmust complywiththe Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 21. The UAmustremain clear and yield the right ofwayto all othermanned operations and activities at all times (including, butnot limited to, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 22. UAS operations maynotbe conducted during night, as defined in 14 CFR § 1.1. All operations mustbe conducted undervisual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 23. The UAS cannotbe operated bythe PIC from any moving device orvehicle. 24. The UAmaynotbe operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 25. The UAmaynot operate in Class B, C, orD airspace without written approval from the FAA. The UA maynot operate within 5 nautical miles ofthe geographic center ofa nontowered airport as denoted on a currentFAA-published aeronautical chartunless a letter ofagreementwiththat airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required bythe operator's COA. The letter of agreementwiththe airportmanagement must be made available to the Administrator uponrequest.26. Any 1) incident, 2) accident, or 3) flight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA mustbereported to the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reportedto the National Transportation Safety Board (NTSB) perinstructions contained on theNTSB Web site: www.ntsb.gov. Further flight operations may not be conducteduntil the incident, accident, ortransgression is reviewed byAFS-80 and authorization to resume operations is provided.

With this petition intendedthat MLS will be able to provide safe, reliable and accurate land surveying services and informationto its clients with the use ofthe latest innovative technology associated with remotelypiloted aircraft. Your attention to this matter is appreciated. Respectfully submitted,

RogerW. Meyer PLSANNEXA EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION MLS requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe SenseFiy eBee and the Trimble UX5 ("UAVs): 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe Uavs, theirvery light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstrates that the UAvs operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. 14 C.F.R. § 45.23 

### & 14C.F.R. § 45.29: Display of marks; size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. Given the size ofthe UAVs, this requirement is impossible to match. 14. CFR §61.23: Medical certificates: Requirement and duration Regulations provide that a person: (1) Must hold a first-class medical certificate:

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; • When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 ofthis chapter that requires three or more pilots; or • When serving as a required pilot flight crewmember in an operation conducted under part 121 ofthis chapter ifthe pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 ofthis chapter (other than operations specified in paragraph (a)(1 )(ii) ofthis section); or • Privileges of a commercial pilot certificateGiven the size ofthe UAVs, their structure, the limited flight area, and the safety features integrated in the autopilot (among others a flight termination system), MLS believes that an Equivalent Level of Safety can be reached ifthe operator has a valid driver's license. 14 C.F.R. 

### § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. 

### § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft ofthe United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges ofthat pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire. Given the safety features ofthe UAVs and the fact that the missions are pre-programmed and monitored in real-time with a specific flight management software, MLS proposes that operators ofthe UAVs should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:

• Have completed the UAV manufacturers training program for operation ofthe UAS. The manufacturer's training program for eBee operators has been already satisfactorily reviewed through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release (AWR). The equivalent level ofsafety will be achieved by having an operator trained UAVs manufacturer, and using the integrated features ofthe aircraft to maintain a high level of safety during the different missions. 14 C.F.R. 

### § 91.7(a): Civil aircraft airworthiness Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. 14 C.F.R. 

### § 91.9: Civil aircraftflight manual, marking, and placard requirements

# ..

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close proximity to the operator. The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. 

### § 91.109(a): Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety during the in-flight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's training program and through the use ofexperienced and qualified instructors familiar with the UAVs 14 CFR 

### § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent The equivalent level of safety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. 14 CFR 91.121: Altimeter settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set"

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level of safety will be achieved by the operator confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the contemplated operations, MLS believes that an equivalent level of safety is already achieved with the specific procedure preventing the UAVs accepting a take-off

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order is the battery level is below a given value. Moreover, the manufacturers have integrated low and critical battery level warnings and implemented a "return to home" action in these situations. 14 C.F.R. 

### § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the c.abin or cockpit entrance so that it is legible to passengers or crew. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to such UAV. 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 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91A07 and 91 .409 require the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraft for return to service. MLS proposes that the maintenance ofthe UAVs will be accomplished by the owner or the operator according to the manufacturers user manuaL 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 herein. An equivalent level of safety will be achieved because these small UAVs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. 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.