Jamie Shepler November 1st , 2015 Director of UAS Operations Constellis 850 Puddin Ridge Road Moyock, NC 27958 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey Ave., SE Washington, DC 20590 Dear Sir or Madam: Attached, please find Constellis ’s requ est for an exemption from certain stated Federal Aviation Regulations to allow commercial operation of its small unmanned aircraft systems (hereafter referred to as “ UAS” ) for the purpose s of aerial photography, cinem atography, videogr aphy, mapping, crop surveying, aerial inspections, data collection, security monitoring, public safety, first responder and emergency response support and other flight operations , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333 of the FAA Modernization and Reform Act of 2012

. In l i ght of the b ac k gr ou n d abov e , pu r su ant to S ec ti on 333, Constellis s ee ks e x e mption fr om those cert ain Fe d eral Av i ation R e gul ations (“F A R s ” ) dis c uss e d b e low. Constellis b e li e v e s th at the inst ant P e tition is sub s t anti al l y simil ar to oth e r S ec tion 333 E x e mption P etitions p re vious l y f il e d with and grant e d b y the F AA

—in c ludi n g , f or e x ampl e , the P e titio n s in Gr ant of E x e mp tion N os. 11109, 11112, 13313 and 11213

— su c h th at this P e ti tion qu ali f i e s f or “ summ ar y gr ant” tr e atm e nt und e r the FA A ’ s poli c y a nnou n ce d and impl e m e nt e d in earl y Ap ril 2015 and w i thout n ee d f or the F AA to soli c it public c omm e nt on this p r opos al. Mo re ov er , e a c h of the sp e c i f ic unm ann e d ai rc r af t s y st e ms p r opos e d to be u s e d b y Constellis pu r su an t to a g rant o f the inst ant P e tition

— D J I Inspi r e ; Lockheed Martin Indago, S e nt er a Pheonix, Aerovironment Puma

. —h a s b ee n the sub j ec t of at l ea st one S ec tion 333 E x e mption P e ti tion p re vious l y gran t e d b y the F AA as noted below:

As detailed in this document, a granted exemption would permit the commercial operation of UAS under controlled conditions in airspace that is limited and controlled via subsequent COA applications . Predominantly, Constellis seeks to operate under the “Blanket 200ft COA” guidance that was issued by the FAA in March 2015 and respectfully requests the “Blanket 200ft COA” be granted in concert with these exemptions. UAS Description Prior FAA Section 333 Exemption Grant No. DJI Inspire Nos. 11804, 11733, 11693 Sentera Pheonix No. 13313 Aerovironment Puma No. 11261, 11264 Lockheed Marin Indago No. 133132 The requested exemptions and proposed limitations provide for a t least an equivalent or higher level of safety to operations under the current regulatory structure, specifically safety enhancements to personnel climbing vertical infrastructure and create a low

- risk alternative to certain manned aviation operations. I f I can provide any additional information in support of your review of this petition, please do not hesitate to call me at (252)435

- 2039 or send an email to Jamie.Shepler@Constellis.com

. Sincerely,

/s/ Jamie Shepler Director of UAS Operations Constellis3 Section 1: Introduction & Interest of Constellis From security and training to logistics planning and life support, Constellis provides a full range of operational support services. Our comprehensive program management solutions help clients achieve and sustain success no matter where they are in the wor ld. Constellis combines the legacy capabilities and experience of ACADEMI, Edinburgh International, Olive Group, Strategic Social and Triple Canopy and all of their affiliates. The consolidation of companies under the Constellis umbrella allows our clients to rely on one single partner and project experience that spans the globe. We offer an intimate knowledge of economies, communities and cultures while delivering a vast resource capability and local partner network unmatched by any other. With more than 10,000 personnel, we recruit and retain the industry’s most experienced and top

- trained employees, most of whom are military or law enforcement veterans. As a result, we share a willingness to support complex operations in some of the most demanding locati ons in the world. Constellis maintains a UAS Operations Division which has amassed more than 20,000 UAS flight hours supporting various customer requirements primarily in overseas locations. Constellis sees the growth potential in the American UAS market and is working with various UAS commercial customers to complete various missions. The Constellis UAS Division is extremely familiar with Certificates of Operation (COA) operations as the facility located in North East North Carolina currently supports 3 o perational COAs which are held by North Carolina State University and United States Government Agencies. Constellis has the background and team to safely integrate within the NAS and provide low

- risk, cost

- effective airborne data and photography to its cus tomers. Constellis proposes to commercially operate its Unmanned Systems platforms for the purposes as defined below:

- aeri al appli cation

- aeri al d ata c oll e c tion

- aeri al su rv e y

- aeri al photo gr ap h y /vid e o gr ap h y

- a ss e t m an a g e m e nt

- e nvi r onm e nt al monito ring

- f i r e inv e sti g ation

- g e osp ati al d ata c oll ec ti on

- insp ec tion of c onstru c ti on sit e s

- insp ec tion of in fra stru c tu r e

- m aint e n an c e monito ring ( sit e s, a s s e t m an a g e m e nt)

- m apping

- research and development

- public s afe t y suppo rt

- p rec ision a g ri c ultu r e

- re mote s e nsi n g

- p rec ision phot o grap h y

- s ear c h and r e s c ue o p e r a tions

- traff i c mon i to ring4 - training f or UAS op e rat ions Constellis holds that commercially operating an UAS within the NAS under the se same limitations and restrictions will not pose a hazard to manned aircraft, and that operation of its UAS is in the public best interest by providing an inexpensive, low

- risk alternative to manned survey operations.
Section 2: Regarding the Unmanned Air craft System The FAA’s public guidance on filing an exemption under Section 333 is reprinted below. This section intends to fulfill each requirement of this guidance. 1. Petitioners should describe how the proposed UAS operation will be safely conducted to minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s) of UAS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition or in an Aircraft Flight Manual or similar document. NOTE: The FAA will consider all information and data submitted by the petiti oner that describes the UAS developmental and operational history. This could include statistical data or other documentation for the specific design and performance characteristics of the UAS, including the operational history and operational failure mode s, obtained through previous Research & Development (R&D) and/or flight test activities, e.g. operations conducted under a COA, with a civil airworthiness certificate, or under other authorized operating conditions. 2. Petitioners should describe any proc edures they would implement, such as pre

- flight inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance and Inspection Manual, or simil ar document. NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may be separate documents or combined in a single document. 3. The petitioner should describe the Radio Frequency (RF) spectrum used for control of the UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. NOTE: Petitioners should be able to provide the FCC approval letter or show compliance with FCC requirements upon request. Constellis intends to commercially operate UAS weighing less than 55 lbs, during daylight hours, within visual line of sight of the PIC, at altitudes specified by approved COA’s or an approved 333 exemption a nd at speeds less than 70 mph (60.8knts) . As described later, Constellis PICs shall be fully qualified airmen, holding at least a sport pilot certificate and associated medical clearance. The proposed UAS are equipped with GPS

- enabled autopilots, capable of safe, steady autonomous flight and guided by the5 PIC. The proposed UAS are commercially available, “off the shelf” products that have accumulated innumerable flight hours and they have proven themselves low

- risk, safe aircraft. Give n the small size and weight, low altitudes, slow speeds, a qualified PIC, a GPS

- equipped autopilot, data

- link and countless flight hours, Constellis holds that commercially operating these UAS under the limitations and restrictions set forth is a safe alte rnative to the current regulatory structure and minimizes risk to the NAS or to persons and property on the ground. 2.1 Proposed UAS Constellis intends to operate the various UAS systems in line with the user manuals which are attached to this document as appendices 1

- 7 . Please note that each user manual is considered proprietary for each respective company’s UAS and are affixed separately in these documents. It is our expectation that these appendices not be produced on the Public regulations.gov website f or comment. 2.2 Maintenance & Inspection Constellis shall follow the man ufacturer’s maintenance, overhaul , inspection and record

- keeping guidelines as specified in the relevant manufacturer user manuals, attached as Appendices 1

- 7

. Constellis will conduct inspections and maintenance, which shall be noted in the aircraft’s logbook including total flight hours and the nature of maintenance performed. Comprehensive maintenance will be performed in conformance with the manufacturer’s guidelines. In advance of every flight operation, the Pilot In Command (PIC) will thoroughly inspe ct the UAS to ensure it is safe to fly as described in the relevant manufacturer user manuals and checklists

. Furthermore, the PIC will conduct a pre

- flight checklist as des cribed in the Operations Manual

. With both inspections completed and passed, the UAS shall be deemed safe to fly.
All UAS proposed under this request for exemption will be in compliance with all manufacturer maintenance, system and safety bulletins. 2 . 3 Radio Communications All radio systems used in the proposed UAS comply with FCC regulations and have earned FCC approval. Constellis shall operate the UAS in compliance with those approvals. Certificates of compliance may be found in Operations manuals in Appendices 1 through 7 as well as the FCC approval for the Puma transmitters as appendix 9

. Section 3: Regarding the Unmanned Aircraft PIC The FAA’s publ ic guidance on filing an exemption under Section 333 is reprinted below. This section intends to fulfill each requirement of this guidance. Regarding the Unmanned Aircraft PIC6 4. Petitioners should describe the qualifications required of any PIC(s) who w ill be directly responsible for the operation of the UAS, including information such as: the level of airman certificate held; any applicable training related to the operation; and any minimum hours of flight experience required by the PIC(s), both total f light time and the time with the particular UAS. If the operation would use visual observers, petitioners should describe their roles and qualifications. 5. Petitioners should describe the medical standards and certification of the PIC(s) directly respons ible for the operation of the UAS. Constellis PIC s shall poss ess a current airline transport, commercial, private, recreational or sport pilot certificate. The PIC shall also hold a current FAA airman medical certificate or a valid U.S. Driver’s License. The PIC shall also meet the flight review requirements specifi ed in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. Prior to commercial operations, Constellis PICs shall have accumulated and logged a minimum of 25 hours total time as an UAS pilot. Flights for the purposes of training Constellis ’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption , are requested under the terms of this exemption. Training operations shall only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations shall be considered nonparticipants, and the PIC shall operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119

. Section 4: Regarding the Operation of the Unmanned Aircraft The FAA’s public guidance on filing an exemption under Section 333 is reprinted below , along with Constellis ’s proposal . This section intends to fulfill each requirement of this guidance. Regarding the Operation of the Unmanned Aircraft 6. Petitioners should fully describe their intended UAS operation(s). Petitioners should describe how the propose d operation(s) would not adversely affect safety, or how they would provide a level of safety at least equivalent to that provided by the rule from which exemption is sought. Petitioners should address any plans to implement clearly defined operational borders and procedures to ensure public safety, which includes persons and property both in the air and on the ground. This can be described in the petition, in an Operations Manual, or similar document. NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of flight, NAS safety considerations, and the safety of the non

- participating persons and property during the operational period and within the operational area. 7. Petition ers should specify the proposed maximum operating speed and altitude, and describe minimum flight visibility and distance from clouds for their intended operation(s). Petitioners should describe potential hazards and safety mitigations7 associated with thes e proposed conditions. These issues can be addressed in the petition, an Operations Manual, or similar document.
The UAS will be operated during daylight hours, in compliance with visual flight rules, and flown within direct visual line of sight of the PIC at all times and never over congested or densely populated areas unless specifically authorized by the Air Traffic Organization

- issued COA . The PIC shall use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. The UAS shall be operated at an altitude of no more than 400ft AGL, unless specifically authorized and operating under the terms of the COA, at speeds less than 23 m/s ( 52 mph). The UAS will not b e operated less than 500ft below or less than 2000ft horizontally from a cloud, or when visibility is less than 3 statute miles. Prior to beginning a flight, the PIC shall clearly establish the limits in latitude, longitude and altitude AGL to ensure comp liance with the COA under which the UAS is flown and establish the “sterile area” for operations. If at any time, this area is breached by unpredicted obstacles (manned aircraft or otherwise), the PIC shall abort the flight. Manned aircraft shall have righ t of way at all times. In case of a reduced or diminished control link, the UAS will automatically return to a predetermined point within the private or controlled

- access property. The PIC shall not begin a flight unless there is sufficient available pow er for the UAS to complete the intended mission and to operate for at least five minutes after that. By operating within the limitations and guidelines set forth herein, Constellis shall provide an equivalent level of safety to operations under the existi ng regulatory structure. 8. Petitioners should describe the characteristics of the area of intended operation(s) and the associated potential hazards, in accordance with the statutory mandate under Section 333 regarding proximity to populated areas. These issues can be addressed in the petition, an Operations Manual, or similar document. 9. Petitioners should describe if they intend to operate in the proximity of any airports, in accordance with the statutory man date under Section 333 regarding proximity to airports. All flight operations will be conducted at least 500ft from all nonparticipating persons, vessels, vehicles and structures on private or controlled access property with permission from the property owner/controller or authorized representative. In some cases due to mission requirements, the UAS will be operated closer than 500ft to commercial and industrial infrastructure and facilities. In these instances, Constellis shall have the authorization of the property owner/controller or from an authorized representative, and the PIC shall have conducted a safety assessment and determined that it does not present an undue hazard.8 In accordance with the “Blanket 200ft COA” guidance that was issued by the FAA in March 2015, f light operations will not take place with in

 5 nm from an airport having an operational control tower; or

 3 nm from an airport with a published instrument flight procedure, but not an operational tower; or

 2 nm from an airport without a published instrument flight procedure or an operational tower; or

 2 nm from a heliport with a published instrument flight procedure unless a letter of agreement with that airport’s management is obtained and/or otherwise permitted by an Air Traffic Organ ization

- issued CO A

.
Foreseen hazards include encroachment of manned aviation operations and non

- participants on the ground. Both of these hazards are mitigated by choice of location (non

- congested areas) and strict limits on range (visual line of sight) and altitude established herein. Operation und er these limits effectively mitigates these risks. 10. The UAS must be operated within visual line

- of

- sight (VLOS), in accordance with the statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to comply with his mandate. 11. P etitioners should describe any procedures they would implement for conducting a preflight safety risk assessment to determine that the UAS is in a condition for safe flight (14 CFR § 91.7(b)) and that the planned operation can be completed safely. These p rocedures can be addressed in the petition, an Aircraft Flight Manual, Operations Manual, or similar document. As described above, The UAS will be operated during daylight hours, in compliance with visual flight rules, and flown within direct visual lin e of sight of the PIC at all times. The PIC shall use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. In advance of every flight operation, the Pilot In Command (PIC) will thoroughly inspect the UAS to ensure it is safe t o fly as described in Appendices 1

- 4 . Furthermore, the PIC will conduct a pre

- flight checklist as described in Appendix 2 ( Constellis Pho enix) and 4 (LMPT Indago) , and ensure the planned operation can be completed safely with sufficient battery reserves (including wind and terrain limitations) . With both inspections completed and passed, the UAS shall be deemed safe to fly. 12. If petitioners intend to conduct operations which have existing requirements to notify Flight Standards District Offices (FSDOs) prior to operations

– such as motion picture and television filming, or pipeline and powerline patrol

– petitioners should desc ribe their intended coordination in this regard for their proposed operation(s).9 Constellis ’s aerial infrastructure inspections, cinematography/videography , agricultural operations , security monitoring, public safety, first responder and emergency respo nse support operations do not require notification to FSDOs. 13. The FAA intends to require entities who obtain an exemption under this process to also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization prior to conduc ting operation(s) in the NAS. The COA application is available here. As stated previously, Constellis shall obtain an Air Traffic Organization

- issued COA prior to conducting any operations under this requested grant of exemption. Constellis seeks primaril y to operate under the “Blanket 200ft COA” guidance offered by the FAA in March, 2015 and respectfully requests that COA be issued concurrently with these exemptions. For operations not conforming to the “Blanket 200ft COA” guidance, Constellis will seek s eparate and addi tional COAs to operate its UAS

. Section 5: Requested Exemptions 14 C.F.R Part Summary of Regulation Proposed Action 21, Subpart H Airworthiness Certification In consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the FAA has previously held that these aircraft meets the conditions of Section 333, therefore, requested relief from 14 CFR part 21, an d any associated noise certification and testing requirements of part 36, is not necessary. 45.23(b) Display of Marks Constellis UAS shall be identifie d by serial number and N

- number, in markings as large as practical given the small size of the aircraft. However, the 2 inch minimum set forth in this rule is impractical, therefore relief is requested. 61.23(a) 61.101(e)(4&5) 61 113(a) & (b) 61.133(b) 61.315(a) Certification: Pilots, Light Instructors and Ground Instructors In previous petitions for exemption, the FAA has held that a PIC of an UAS holding at least a Sport Pilot certificate and a U.S. Driver’s License, or greater medical certification, would not adversely affect safe operations within the NAS or present a hazard to people or structures on the ground. Relief, subject to the limitations provided in this document, is requested. 91.7(a) Civil Aircraft Airworthiness PICs operating on behalf of Constellis shall perform preflight inspections and ensure airworthiness prior to flight as10 describ ed in this document , manuals and appropriate appendices. Relief from this requirement is not necessary. 91.9(b)(2) & (c ) Civil aircraft flight manual, marking, and placard requirements Constellis shall provide a current UAS Flight Manual, and operational instruction material at the location of the PIC and/or Ground Station

. The FAA has previously determined that, given this, r elief from this requirement is not necessary. 91.103 Preflight Action Constellis will perform. Relief is not necessary. 91.105 Flight Crewmembers at Stations No human will be aboard the UAS operated by Constellis , however, the FAA has held in previous petitions that relief is not necessary. 91.109(a) Flight Instruction Constellis wi ll conduct flight training in accordance with the guidance and limitations offered in this document, as well as the SOP attached as appendices to this document. The FAA has held in previous petitions that relief is not necessary. 91.119 Minimum Safe Altitudes Request relief within limitations and restrictions proposed herein , specifically in Section 4. 91.121 Altimeter Settings This FAR requires the use of an altimeter during flight for purposes of maintaining the cruising altitude of flight level of the aircraft. Constellis will not make use of an altimeter in connection with its UAS Operations. Instead, Constellis’s UAS will re ly on the use of GPS, internal gyroscope, or operator adjustments to maintain the unmanned aircraft’s altitude or flight level. Consistent with other Section 333 Exemption grants, Constellis seeks a waiver of the requirement relating to altimeter use or, i n the alternative, a declaration that the use of GPS would satisfy the altimeter requirements. 91.151 Fuel Requirements in VFR Conditions As described in this document, the UAS Constellis proposes to operate have total enduranc e of between 20 and 120 minutes and are all battery operated

. Constellis will ensure missions are conducted with sufficient reserve to operate for at least five11 minutes after the intended mission is complete. The short flight time makes the reserves specified in 91.151 impractic al and therefore relief is requested. 91.203 Certifications Required Constellis will place these documents at the location of the ground station and/or with the PIC. The FAA has previously held that this is sufficient to provide an equivalent level of sa fety, and therefore, relief is requested. 91.405 Maintenance Required Relief is requested within the limitations and conditions set forth in Section 2.2 of this document. 91.407 Operation After Maintenance Relief is requested within the limitations and conditions set forth in Section 2.2 of this document. 91.409 Inspections Relief is requested within the limitations and conditions set forth in Section 2.2 of this document. 91.417 Maintenance Records Relief is requested within the limitations and conditions set forth in Section 2.2 of this document.

Section 6: Public Interest & Equivalent Level of Safety Though this is addressed in pieces of this petition, a more complete answer is provided in this section. Constellis proposes certain 14 CFR exemptions to allow commercial operation of its s mall unmanned aircraft systems for the purposes of aerial photography, cinematography, videography, mapping, crop surveying, inspections , data collection, security monitoring, public safety, first responder and emergency response support and other flight operations, so long as such operations are conducted within and under the conditions outlined herein. Traditional agricultural operations such as crop inspections and data collectio ns under the curren t regulatory structure include the use of manned aircraft, which are expensive, inefficient and cannot be safely operated in close proximity to the ground. By using UAS s to complete these missions the public interest is served by increas ing safety to pilots, passengers and non

- participants on the ground. Traditional industrial infrastructure inspection operations under the current regulatory structure are often performed 1) from the ground, where high detail is impossible 2) by a climbe r at great risk to his or her personal safety, or 3) by a manned aircraft where flying close to elevated infrastructure is extremely dangerous, and not permitted by 14 CFR 91.119. Traditional public safety, security (such as facility perimeter monitoring) , first responder, natural resource management and emergency response/emergency management flight12 operations under the current regulatory structure include the use of manned aircraft, which are expensive, inefficient and can pose significant risks to the a ircrew, property and structures and persons on the ground when being operated in close proximity to the ground. By using UAS s to complete these missions the public interest is served by increasing safety to pilots, passengers and non

- participants on the gr ound while increasing availability and responsiveness due to the lower cost of equipment and operations. Grant of exemption , with the conditions and limitations set forth herein, to Constellis will provide for at least an equivalent or better level of s afety, r educe risk to life and property, thereby serving the public interest. Section 7: Summary of Exemption Request for the Federal Register In accordance with 14 CFR 11.81 and Section 333 of the FAA Modernization and Reform Act of 2012, P.L. 112

- 95, Constellis seeks exemption from the requirements of 14 C.F.R §§ Part 21, Subpart H, 45.23(b), 61.23(a), 61.101(e)(4&5), 61 113(a) & (b), 61.133(b), 61.315(a), 91.7(a), 91.9(b)(2) & (c ), 91.103, 91.105, 91.109(a), 91.119, 91.121, 91.151, 91.203, 91.405, 91.407, 91.409 and 91.417 to operate small unmanned vehicles weighing 55lbs or less for commercial purposes. Approval of these exemptions will allow Constellis to conduct safe, commercial operation of small unmanned aircraft for the purposes of aerial pho tography, cinematography, videography, mapping, crop surveying, inspections , data collection, security monitoring, public safety, first responder and emergency response support and other flight operations.

Section 8 : Compliance with 14 CFR 11.81 14 CFR 11 .81a

– Published on Cover Page. 14 CFR 11.81b

– Please see Section 5. 14 CFR 11.81c

– Please see Sections 2, 3, 4 and 5. 14 CFR 11.81d

– Please see Section 6. 14 CFR 11.81e

– Please see Section 6. 14 CFR 11.81f

– Please see Section 7. 14 CFR 11.81g

– Pleas e see Appendices 1

- 4

. 14 CFR 11.81h

– Not applicable.
Appendix 1 : Sentera
- Phoenix
- UAS Pilot Operating Handbook (Available upon request, too large to attach to submission.) Appendix 2: Phoenix
- Viero Pre
- Flight
- Checklist Appendix 3: LM Indago User Guide V1.1 Appendix 4: LM Indago Flight Checklist Appendix 5: DJI Inspire User Manual13 Appendix 6: Puma AE DDL User Manual (Available up on request, too large to attach to submission.) Appendix 7: Puma AE DDL Check lists Appendix 8: Constellis UAS Operations Manual Appendix 9: FCC Approval for Puma Transmitters
NOTE: ALL APPENDICIES ARE CONSIDERED PROPRIETARY INFORMATION AND ARE NOT TO BE RELEASED FOR PUBLIC COMMENT ON THE REGULATIONS.GOV WEBISTE.