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U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue SE Washington, DC 20590

16 February 2016
RE: AviAero LLC's Petition for Exemption to Operate Unmanned Aircraft Systems for Aerial Data Collection
Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, AviAero, LLC hereby applies for exemption from the Federal Aviation Regulations (FARs) listed herein and any other necessary to allow its operation of small Unmanned Aircraft Systems (sUAS), in the advancement ofcorporate goals that include: • Aerial data collection, remote sensing and measuring by an instrument(s) aboard the UA.

Examples include imagery (photography, video, infrared, 

### etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, 

### etc.), or any other gathering ofdata by instruments aboard the UA. 

## BACKGROUND AviAero, LLC, a Washington State business, typically consultingwith aerospace entities over a broad spectrum of issues, (examples) FAA STC Certification (Boeing and Airbus), Flight Department and Charter Management ofSafety and Financial bestpractices
. AviAero LLC, is comprised ofAviation personnel primarily from Operations, Maintenance and Engineering backgrounds who are knowledgeable ofthe National Airspace System and Federal Aviation Regulations makingthe Company a natural fit for UAS operation. Recently, the Company was approached by a local provider ofinspection services, typically of property and structures that include industrial, residential and agricultural entities, to operate UASs in support oftheir business. The use ofUASs enhances their business model giving them access to more effectively and rapidly asses a certain situation and at the same time increasing safety and exposure oftheir employees. The Unmanned Aircraft (UAS) to be utilized, DJI Phantom 3, described herein is smaller, lighter and more maneuverable than conventional aircraft. powered by non-combustible fuel source, operates at lower altitudes with no people on board and will thereby reduce Sec 333 ofFMRA 1 of9 Petition for Exemption

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current risk levels and enhance safety. With a small payload and maximum flight time of under 30 minutes, this offers little or no risk to national security. 

### THE UNMANNED AIRCRAFT (UAS) DJI Phantom 3 Advanced/Professional aircraft are essentially the samevehicle with the exception ofthe camera quality, therefore operation ofeither craft is synonymous: • Composite construction, • 4 motors (quadcopter), • 23-minute flight time, • Under 10 pounds takeoffweight, • Max speed 36 MPH (16/mps)
. Digital Flight Controller with GPS/GLONASS: • Provides Fail Safe features that allow the aircraft to return to the launch point and land

automatically in the eventthe command and control signal is lost or the batteryhas reached a pre-determined threshold. Ifbattery reaches a critical level, the aircraftwill descend and land atthe current location. Control ofthe aircraft is maintained during descent to allow the PIC to guide it to a safe landing. • "Home Lock" function allows safe return ofthe aircraft in the event ofa motor failure • Contains a database ofairports and restricted airspace and automatically prevents

operation in these areas • On Screen Display ofTelemetry. Telemetry data on the video downlink to provide the

pilotwith heading, speed, height, distance, GPS information, and currentbatteryvoltage as well as indicating proximity to airports and restricted airspace. • Direction back to launch point is also indicated. • FCC Compliant 

### GROUND STATION EQUIPMENT
• The Phantom 3 Professional's flight controller features several importantupgrades,

including a new flight mode. Safety modes include Failsafe and Return-to-Home. These features ensure the safe return ofyour aircraft ifthe control signal is lost. The flight controller can also save critical flight data from each flight to the on-board storage device • 2.4 GHz radio control unit (FCC Licensed) • 5.8 GHz video receiver (FCC Licensed) • Display ofvideo and telemetry • Directional antenna for improved reception.

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GROUND CREW The ground crew required to operate the UAS will be comprised of; • Pilot in Command (PIC)
. The pilot in command will possess at least a recreational pilot

certificate, be proficient at UAS operations as described in the FLIGHT chapter ofthe User Manual, prepare for the flight activity by ensuring compliance with the Exemption, weather conditions, Area of Operations including hazards, ensure unobstructed communication with the visual observer (VO), • Visual Observer (VO). The visual observer will provide additional situational awareness

during flight operations
. The visual observer will maintain communication with the PIC at all times during flight operations and inform the PIC ofany hazards to the operation. 

## OPERATIONAL PARAMETERS

• The UAS will weigh less than 55 pounds. • Flights will be operated within visual line ofsight ofa pilot and/or observer. • Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 30

-minute limit • Flights will be operated at an altitude ofno more than 400 feet AGL. Unless a specific COA is obtained, the limitwill be according to the "blanket" COA of 200 feet. • The Pilot-In-Command will be trained and proficient in the operat ion / limitations of the UAS, • The Observer will be trained and proficient in observer duties, • Permission will be obtained from the property owner. • Pilot and observer will be able to communicate by voice at all times duringthe operation. • The UAS will only be operated during daytime hours in VFR weather conditions. • Operations may notbe conducted aboard a moving device or vehicle. • Operation near airports will be conducted according to the "blanket" COA unless another COA is obtained
. 

## PRE-FLIGHT CHECKLIST In addition to the preflight steps detailed in the FLIGHT chapter ofthe DJI Phantom 3 Advanced/Professional User Manual, the PIC will ensure the following prior to commencing flight operations: • Area ofOperation is Secure (personnel are notified, barriers are in place) Sec 333 ofFMRA 3 of 9 Petition for Exemption

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• Wind speed is 20 knots or less. • Weather conditions are DVFR • Note launch elevation and compute max operating altitude of400' AGL. • Establish communication and confirm the operational plan with VO, • Announce intention to take offby announcing "Take Off'.


### DOCUMENTATION The following documents are linked here and are provided in support ofthis petition.
• DJI Phantom 3 Advanced/Professional Release Notes • DJI Phantom 3 Advanced/Professional User Manual • DJI Phantom 3 Advanced/Professional Quick Start Guide • Phantom 3 Intelligent Flight Battery Safety Guidelines vl.O http:

### IJwww.dji.comjproduct/phantom-3

### Idownload 

### REGULATIONS FOR WHICH EXEMPTION IS SOUGHT AND ARGUMENT FOR EQUIVALENT LEVEL OF SAFETY
14 CFR 21 (subpart H) Certification Procedures for Products and Parts, Airworthiness Certificates AviAero, LLC requests exemption from Part 21, subpart H in its entirety. Given the

UAV's size and limited area of operation, and inability to support manned flight operations an exemption from this Part meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe FAA Modernization and Reform Act of 2012. Company operated UAS and replacement parts/spares are sourced directly from the manufacturer. The UAV(S) operated by the Company do not have a airworthiness certification issued under this part, effectively rendering this part non applicable.
14 CFR 45.23 Display ofMarks; General AviAero, LLC requests exemption from 45.23(b). Size limitations ofthe UAV and the fact that no pilot orpassengerwill occupy the craft. The registration "N" number will be affixed to the UAV and a placard with the word "Experimental" will be affixed to
Sec 333 ofFMRA 4 of 9 Petition for Exemption

# AviAer LLC the pilot controller. An equivalent level of safety will be assured as the placard will be in plain view ofthe Pilot-In-Command.
14 CFR 45.27 Location ofMarks; Nonfixed-Wing Aircraft AviAero, LLC requests exemption from 45.27(a) Size limitations of the UAV and the fact that no pilotorpassenger will occupy the craft
. The registration "N" numberwill be affixed to the UAV and a placard with the word "Experimental" will be affixed to the pilot controller
. An equivalent level ofsaf etywill be assured as the placard will be in plain view ofthe Pilot-In-Command.
14 CFR45
.29 Size ofMarks AviAero, LLC requests exemption from 45.29
. Size limitations ofthe UAVand the fact that no pilot or passenger will occupy the craft. The registration "N" number will be affixed to the UAV and a placard with the word "Experimental" will be affixed to the pilot controller. An equivalent level ofsafety will be assured as the placard will be in plain view ofthe Pilot-In-Command.
14 CFR 61.56 Flight Review AviAero, LLC requests exemption from 61.56. The company would like, from time to time, utilize the services of certified Commercial or Airline Transport Pilots (ATP) that are eitherretired from commercial ormilitary service and no longer exercise the privileges of their certificate
. In these instances, it would become a burden, both logistically and financially, to both the pilot and the companyto accomplish the flight portion ofthe Fright Review. In these instances, the pilot will be required to attend a one-hour ground reviewwith a Certified Flight/Ground Instructor as outlined in this part and then demonstrate proficiency with the UAV operated by the Company. An equivalentlevel ofsafetyis assuredbecausethe vastaeronautical experience the pilot holds and the ability to maneuver the UAV under observation
. The majority ofUAVs, including those to be operated under this exemption, are ofthe "quad-copter" variety and the flight characteristics are vastly different than that of an airplane typically operatedby certificatedairmen duringa flight review. Only those pilots in possession of a Commercial andfor Airline Transport Pilot airman certificates will be included in this exemption
. 14 CFR 61.101 Recreational Pilot Privileges and Limitations AviAero, LLC requests exemption from 61.101(e)(4). Because the UAS is incapable of pilot or passenger carriage, the proposed operations achieve the equivalent level of Sec 333 ofFMRA 

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safety ofcurrent operations byrequiring the Pilot-In-Command operatingthe UAS to have at least Recreational Pilot's certificate rather than a Commercial Pilot's certificate to operate a sUAS, even though UAS operations receive monetary or other compensation for work performed
. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a Commercial Pilot's certificate operating a conventional aircraft for hire
.The risks associatedwith the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by part 61 allowing UAS use by a recreational pilot as PilotIn-Command exceeds the present level ofsafety sought by 14 C.F.R. 61.101 (e)(4).
14 CFR 61.113 Private Pilot Privileges and Limitations, Pilot in Command AviAero, LLC requests exemption from 61.113 (a) and (b). Because the UAS is incapable of pilot or passenger carriage, the proposed operations achieve the equivalent level of safety of current operations by requiring the Pilot-In-Command operatingthe UAS to have a Private Pilot's certificate rather than a Commercial Pilot's certificate to operate a sUAS, even though UAS operations receive monetary or other compensation for work performed. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a Commercial Pilot's certificate operatinga conventional aircraftfor hire. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by part 61 allowing UAS use by a private pilot as Pilot-InCommand exceeds the present level ofsafety soughtby 14 C.F.R. 61.113 (a) and (b).
14 CFR 91.7 Civil AircraftAirworthiness AviAero, LLC requests exemption from 91.7 (a). There is no Airworthiness Certificate issued for Company UAS and no FAA standard for determining airworthiness. Given the size ofthe aircraft and use ofthe guidance contained in the manufacturer's User's Manual for maintenance and safety checks prior to flight an equivalent level ofsafety will be assured.
14 CFR. 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements AviAero, LLC requests exemption from 91.9 (b)(2). Due to the limited size ofthe UAS and its configuration it is incapable ofcarriage ofsuch a Flight Manual onboard. UAS information manuals (i.e. User Manual) will be maintained in a controlled manner suitable for pilot and observer access.
14 CFR 91.103 Preflight Action Sec 333 ofFMRA 6 of9 Petition for Exemption

# Avi \er LLC AviAero, LLC requests exemption from 91
.103 (b)(2). An approved Flight Manual is unavailable for the UAS to be utilized, however by referencing the manufacturers User's Manual for preflight actions in addition to the Pilot

-In-Command reviewing weather conditions (actual and forecast), battery requirements, radio control communication and interference checks, environment and airspace considerations, and performance data priorto flight an equivalent level ofsafety will be assured.
14 CFR 91
. 105 Flight Crewmembers at Stations AviAero, LLC requests exemption from 91.105. Company operated UAS do not support a pilot or crewmember(s) onboard, therefore this Part is not applicable to proposed operations
. 14 CFR 91.109 Flight Instruction; Simulated Instrument Flight and Certain Flight Tests AviAero, LLC requests exemption from 91.109
. Company operatedUASs areremotely piloted aircraft utilizing a single ground based cont rol box and by design do not have fully functional dual controls.
14 CFR 91.119 Minimum Safe Altitudes: General AviAero, LLC requests exemption from 91.119
. Company operated UAVs flights will be made without the permission of affected property owner(s) and/or local official(s). Because of the advance notice to the property owner(s) and/or participant(s) of the UAS activity, all affected individuals will be informed of the planned flight operation as compared to flight operations in conventional aircraft where notification is not as obvious prior to flight. The size, weight and noise footprint in addition to the lack offlammable fuels, deem the riskassociated with UAS operations far less than that of conventional aircraft or rotorcraft operating at or below 500 feet AGL. Additionally, low-altitude operations of the UAS will increase separationbetween the UAS and conventional aircraft ensuringan equivalent level of saf ety is achieved.
14 CFR 91.121 Altimeter Settings AviAero, LLC requests exemption from 91.121. Company operated UAS do not have a barometric altimeter, but instead a GPS digital altitude input. The Pilot-InCommand is required to confirm the GPS altitude of the launch site prior to flight, ensuring an equivalent level ofsafety.
14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions AviAero, LLC requests exemption from 91.151. Company operated UASs batteries provide approximately thirty (30) minutes ofpowered flight at one hundred percent charge, the controller utilized by the Pilot

-In-Command to maneuver the UAS Sec 333 ofFMRA 7 of9 Pe t ition for E xemption

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contains a battery level indicator. Company policy require the planned landing be made at no less than twenty (20) percent battery life remaining. This procedure ensures an equivalent level ofsafety is maintained.
14 CFR 91.203 Civil aircraft: Certifications Required AviAero, LLC requests exemption from 91.203(a)(1). Company operated UASs are issued no Airworthiness Certificate nor is there a location on the UAS to accommodate such documentation.
14 CFR 91.405 Maintenance Required AviAero, LLC requests exemption from 91.405. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safetywill be achieved by ensuring that the UAS is in workingorderprior to initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.
14 CFR 91.407 Operation After Maintenance, Preventive Maintenance, Rebuilding, or Alteration AviAero, LLC requests exemption from 91.407. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safetywill be achieved by ensuring that the UAS is in workingorderpriorto initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.
14 CFR 91.409 Inspections AviAero, LLC requests exemption from 91.409. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safetywill be achieved by ensuring that the UAS is in workingorderpriorto initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.
14 CFR 91.417 Maintenance Records AviAero, LLC requests exemption from 91.417. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safetywill be achieved by ensuringthat the UAS is in working orderpriorto initiating flight, performing required maintenance, and keeping a log of any maintenance performed
. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual. Sec 333 of FMRA 8 of9 Petiti on f or E xempt ion

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SUMMARY FOR PUBLICATION IN THE FEDERAL REGISTER Petitioner: AviAero, LLC, pursuantto 14 CFR Part 11 seeks exemption from the following Federal Aviation Regulations (FARs): 14 C.F.R §§ 21, subpart H, §45.23(b), §45.27(a), §45.29, §61.56, §61.101(e), §61.113(a) and (b),§ 91.7(a), §91.9(b)(2), §91.103(b)(2), 91.105, §91
. 109, § 91.119, § 91.121, § 91.151, §91.203(a) and (b)§ 91.405, § 91.407, § 91.409, § 91.417 to operate small unmanned aircraft systems (sUAS) for the purpose ofaerial survey and photography.

Respectfully Submitted this 16th day ofFebruary, 2016.

Managing Director AviAero, LLC Company Headquarters 2929 76th Ave SE #306 Mercer Island W A. 98040 Airport Operations 7777 Perimeter Road No.7 Seattle, WA 98108 TEL: (206) 660-0502 Email: nlav@hotmail.com

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