T AKE F LIGHT UAS, LLC Page 1 

### F EBRUARY 

### 4
, 2015

T AKE 

### F LIGHT 

### UAS, LLC

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

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Take Flight UAS, LLC (Applicant) an Idaho limited liability company, seeks an exemption from the Federal Aviation Regulations (FARs) listed and discussed in Appendix A in order to allow for the operation of small Unmanned Aircraft System (UAS) under the conditions and limitations set forth in this application for
P etition.

The requested exemption would permit the Applicant to safely, efficiently and economically use commercial UAS within the National Airspace (NAS) for operations conducted within and under the conditions outlined in this Petition or as established by the FAA as required by Section 333.

The requested exemption would authorize the Applicant to perform commercial operations with UAS that will provide the following benefits to the public :

 Commercial use of UAS to acquire aerial imagery in support of precision production agricultural, natural resource monitoring
, university and priva te scientific research

, climate change observations , humanitarian relief efforts and emergency services.

 Application of UAS may reduce safety concerns in areas where terrain or subject matter is inaccessible, inhospitable, hazardous and unsafe to enter

, o r may cause undue injury or loss of life.

 UAS o perations at low altitudes (< 400 ft. AGL) provide high resolution imagery that cannot be acquired with manned aircraft without compromising safety and adding excessive level s of risk to life and property

.

 UAS options for collecting imagery and data result in increased efficiencies that directly influence and benefit agriculture, natural resources, scientific research and monitoring

, relief efforts and emergency services (floods, fire, search and rescue)

.

 Com mercial use of UAS can obtain data products which will directly influence and improve efficiencies within several applications. This has the potential of enhancing productivity while provid ing benefit s to research, industry, and the general public.T AKE F LIGHT UAS, LLC Page 2 

### S T ATEMENT OF 

### B ACKGROUND 

### , P ROPOSED 

### C OMMERCIAL 

### A PPLICATIONS AND 

### P UBLIC 

### B ENEFIT

The Petitioner is a startup company, Take Flight UAS, LLC. The founders of the company were certifi ed small UAS pilots with the Department of the Interior (DOI)

. DOI trains and certifies UAS pilots on fixed wing and VTOL / ducted

- fan, gas powered Micro Air Vehicle ( gMAV ) airframes. The founders, as DOI certified fixed wing operators are graduates of UAS training courses using FAA curriculum standards. These courses included 22 classes and totaled more than 80 hours for fixed wing operations and an additional 40 hours for the VTOL gMAV operations

. Past DOI operations provided practical applications in the field . This required working with low altitude UAS flights w ith the primary objectives of acquiring video , imagery and data in
suppor t of natural resource projects, research studies and monitoring applications.

Both founders hold general aviation pri vate pilot licenses and have in

- depth knowledge concerning NAS navigational priorities and rules. Both hold current Class II Medicals, and have passed FAA Commercial Written Exam. The founders are also aware of hobby craft/recreational UAS guidelines and have been recreationally flying keeping proficiencies current while additionally building flight time and expertise with
UAS.

Take Flight UAS, LLC founders also have knowledge and experience working with forestry/silviculture, geomorphology, hydrology/flood analysis, search and rescue emerge ncy mapping services, habitat restoration and wildfire modeling in both Civil and Federal Government settings. Combined, the founders have 50+ years of expertise in geographic information systems (GIS), remote sensing, photogrammetric techniques and digital surface modeling. Additionally, these applications pertain to aerial imagery acquisition, spatial data creation, mapping and analysis. Founders current employment requires extensive research into lightweight sensor and camera development ( m ultispectral , hyper spectral, natural color, forward looking infrared [FLIR]

, near infrared [NIR] and thermal imagery ) for low altitude flights with the purpose of gathering t rue

- color and spectral signatures for high resolution data. This data has a wide variety of scientific applications as well as significant economic benefits to the communities involved with natural

resource management and precision agricultural

.

If proposed exemption is approved , the Petitioner intends to acquire and provide aerial imagery and data solutions in support of scientific research and monitoring studies as they apply to natural resource based and precision production agricultur al activities . For instance these will include cropland observations, invasive species m onitori ng, geologic and geomorphic surveys, forest and rangeland health , wildlife, wildfire, and habitat restoration

.
Specifically, with the granting of this exemption , the founders will proceed to work in conjunction with university and agricultural exte nsion office s. With these efforts, i magery and data acquired will be analyzed for the following purposes: wheat blight mitigation, sugar beet harvest rates congruent with mold presence , irrigation water budgeting and maximization of crop to water varianc es, fertilization and nutrient distribution, soil and plant moisture content, pest management, viticulture water stress and growth cluster yields, mold spore indexes, leaf temperature and plant water status. These site specific precision agriculture

measu rements and analysis of the influencing factors will directly increase crop production and yields, while minimizing wasteful crop production methods , conserving irrigation water, and mitigating extremely harmful crop diseases.

The application of UAS in these instances has the ability to produce valuable and sustainable products enhancing industry and public land operations. These products will provide definitive results for improving precision production agriculture and natural resource based activities. In time, the specific benefits will provide increased crop harvest quality and quantity throughout growing areas where prudent water use and irrigation are required

.T AKE F LIGHT UAS, LLC Page 3 Other highly effective uses of UAS endeavors include response to humanitarian relief efforts, emergency disaster response and Search & Rescue (SAR) operations. Providing a clear visual from a low altitude flight is extremely valuable with respect to disaster response and SAR missions. Low altitude real

- time imagery assist s with locating people, recognizing and identifying critically affected areas , locating safety zones and increasing situational awareness of identified risks and hazards

. Resultant in more efficient and decisive response plans. Such planning assists to minimize reaction time and increase the probability of the best solution for the situation

– without increasing risk to human lives.

Take Flight UAS, LLC will perform mission planning, site safety evaluation, flight operations. UAS will include the necessary sensor package for the mission. Data and imagery acquired will be analyzed and assemble into
a final product. This deliverable will include geospatial products derived from post

- processing techniques of the acquired data and imagery. Applicant would execute data analysis and assist clients with obtaining
management goal s towards achieving desired outcomes

.

The name and address of the A pplicant is:



### Take Flight UAS , LLC Attn: Kristin Swoboda Telephone: ( 503 ) 975

- 7720 Email: takeflightaviationks@gmail .com Address: 8090 W. Sagebrush Way

, Boise ID 8 37 09

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT

The UAS operations proposed in this application of petition for exemptions qualify for expedited approval under Section 333 of the Reform Act. This petition outlines how each statutory criteria as well

as other potentially relevant factors are s atisfied

.
The proposed operations would permit the use of small UAS within the N ational A irspace (NAS) under controlled operational conditions. In many cases, t h ese criteria outlined below will provide a level of safety that could not be achieved using manned fixed wing or rotor aircraft in order to accomplish the

same purpose s

.
Take Flight UAS, LLC is proposing to operate both rotorcraft and fixed wing UAS. E ach UAS, including payload weighs less than 15 lbs , and always less than 55 lbs

. Operations would occur un der normal VFR meteorological conditions at speeds less than 50 knots. UAS are primarily construct ed of foam

, aluminum, carbon fiber and plastic materials

. Operations will be performed by qualified UAS Pilot s (PIC) and Visual Observers (VO)

, in order to e nsure that UAS will "not create a hazard to users of the national airspace system or th e public." Given the small sizes of the UAS

, the pre

- planned operation locations, flight paths, and the required VFR flight conditions , the A pplicant believes that these operations fall directly within or exceed the required level of safety. Under the Reform Act, Congress has endorsed
th rough exemption that the FAA will allow commercial operations of UAS to commence immediately if an appropri ate level of safety is achieved or exceeded . The Applicant believes an “ equivalent level ofT AKE F LIGHT UAS, LLC Page 4 

### safety ” or better will be achieved by the proposed outlined operations. It is also determined that due
to the dimensions and composite materials of the UAS

, fli ght paths and operational areas, the VFR
conditions in which UAS flights will take place

, approval of this application of petition presents no threat to national security

. The operation of UAS under these conditions will serve to guarantee pilot, public and property safety while adding tangible benefit s to industry, the economy, scientific research, and the general public.

Take Flight UAS, LLC acting as UAS Pilot in Command (PIC) and Visual Observer ( VO) agree to the requirements and constraints of these limitations and conditions for conducting commercial operations
with in the National A irspace under an FAA issued exemption:

Pertaining to UAS

 UAS will weigh typically less than 15 lbs., and always less than 55 lbs.

 UAS will operate at a maximum spee d of no greater than 25 knots.

 UAS will operate at or below 400ft AGL.

 UAS shall not be operated within 5 miles of an airport without prior approval of, and establishing a line of communication for the duration of the flight operations with the controllin g authority of that airspace/airport.

 UAS will be operated within visual line of sight ( VLOS) of the PIC and VO(s).

 UAS will follow pre

- determined flight lines over the mission area conducted via automated navigational flight software.

 UAS will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR).

 UAS will be equipped with an autopilot system. UAS will utilize GPS navigation, systematic pre

- flight checks, and failover safety mechanisms as return

- to

- home (RTH ), auto

- land, loiter and flight abort safety features.



### Pertaining to Pilots , Visual Observer(s) and Ground Control Station crew

 Minimum crew for each operation will consist of the UAS Pilot in Command (PIC), V isual Observer (VO) and/or Ground Control Station (GCS) crew

.

 The UAS pilot will be considered the Pilot in Command (PIC) and be responsible for conducting safe flight operations.

 PIC, VO (s) and/or GCS crew will have communications established in advance of any flight

oper ations.

 A briefing will be conducted in regard to the planned UAS flights prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing.

 The UAS pilot will be trained in advance for the safe operation of the UAS to be operated. This will include operation of the UAS both in normal and emergency procedures and will include
familiarization with the flight manual (or similar ) furnished by the UAS manufactur er. Training will
also include basic flight maneuvers , navigational awareness, emergency procedures, loss of uplink,
loss of downlink

, loss of GPS and safe flight operation s in relation to persons, property and applicable airspace.T AKE F LIGHT UAS, LLC Page 5 

### Pertaining to Flight Op erations

 Risk assessment evaluation for safe site operations and flight conditions before each mission

.

 Prior to a UAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area, where the UAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation

.

 Flights will be operated in Class G airspace whenever possible. If operation in other airspace is required, the appropriate controlling a uthority will be notified at least 24 hours prior to the operation and, if required, any necessary permission obtained.

 See and avoid: If at any time the operator see or hears another aircraft and it appears that aircraft may come within one (1) mile of the UAS , or it is questionable whether or not it will do so, the PIC
shall im mediately descend the UAS and direct it on a heading toward the designated landing area, or alternate landing area if necessary, until the UAS has landed or it is det ermined the other aircraft has maintained a separation of one (1) mile.

 The U AS shall operate from on

- site launch /landing locations directly next to the PIC and GCS crew.

Non

- essential flight operation personnel will be at an appropriate distance away or a minimum of

1 00 ft from the operation unless barriers or structures are in place which may sufficiently protect

non

- participating persons in case of UAS e mergency.

 Flight planning will include flight completion with at least 2 5 % battery power remaining as measured by the UAS or appropriate flight time planning

.

 A Ground Control Station (G C S) will be co nnected by radio communication to the UAS during the entire flight operation. Flight information relayed to the PIC will include UAS GPS position, a ltitude, speed, compass heading/ bearing, aircraft angle of attack, flight time, b attery power r emaining, and other telemetry information.

 Written
, and/or documented oral permission from property owners or land management agency will be obtained prior to an operation.

I n summary, i t is the A pplicant's belief that the size, weight, speed, operating environment, and operating capabilities of each UAS will provide an "equivalent level of safety" or bet ter when operating for commercial
and public interest as out lined in Section 333 of the Reform Act. Applicant appreciates the time and consideration devoted to this request for exemption to permit safe, legal commercial UAS operations within
the NA S.

Respectfully

,



### Take Flight UAS , LLC Attn: Kristin Swoboda Telephone: ( 503 ) 975

- 7720 Email: takeflightaviationks@gmail .com Address: 8090 W. Sagebrush Way

, Boise ID 8 3709T AKE F LIGHT UAS, LLC Page 6 

### E XEMPTION IS 

### R EQUESTED FROM THE 

### F OLLOWING 

### R EGULATIONS 

### :

14 C.F.R. Part 21 ...........................

........................................................................................ . Page 8 14 C.F.R. 91.203(a) & (b) .........

........................................................................................... . Page 8 14 C.F.R. 45.23(b) .....................

............................................................................................. Page 9 14 C.F.R. 91.7(a) ........................

............................................................................................ Page 9

14 C.F.R. 91 .9(b)(2) & (c)

...................................................................................................... Page 9

14 C.F. R. 61.113(a) & (b) ...................................................................................................... Page 10 14 C.F.R. 61.133(a) .......................................

......................................................................... Page 10

14 C.F.R. 91.103

... .................................................................. ............................................ ... Page 1 1 14 C.F.R. 91.109(a)

................................................................................................................ Page 1 2

14 C.F.R. 91. 119(c) .................................

.. ............................................................................ Page 1 2

14 C.F.R. 91.121

................................................................................................................... . Page 1 3 14 C.F.R. 91.151(a) ................................................................................................................ Page 1 3 14 C.F.R. 91.405(a) .....................

................................................... ........................................ Page 1 3 14 C.F.R. 91.407(a)(1) ..................

......................................................................................... Page 1 3 14 C.F.R. 91.409(a)(2) ............................................................................................................ Page 1 3 14 C.F.R. 91.417(a)

................................................................................................................. Page 1 3



### Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set
forth in this letter are appropriate while providing an equivalent level of safety and consider the public
interes t.T AKE F LIGHT UAS, LLC Page 7 

### G LOSSARY OF 

### T ERMINOLOGY 

### :

COA Certificate of Authorization

FAA Federal Aviation Administration

FLIR Forward Looking Infrared

GIS Geographic Information Systems

GPS Global Positioning System

G C S Ground Control Station

NAS National Airspace

NIR Near

- Infrared

NOTAM Notice to Airmen

PIC Pilot in Command

RS Remote Sensing

TIR Thermal Image Recorder

VFR Visual Flight Rules

VLOS Visual Line of Sight

VO Visual Observer

UAS Unmanned Aircraft SystemT AKE F LIGHT UAS, LLC Page 8 

### A PPENDIX 

### A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The A pplicant requests an exemption from the following regulations as well as any a dditional regulations that may technicall y apply to the operation of UAS :



### 14 CFR P ART 

### 21, S UBPART 

### H: A IRWORTHINESS 

### C ERTIFICATES

Section 91.203 (a )( 1) requires all civil aircraft to have “ an appropriate and current airworthiness certificate

. ” Part 21, Subpart H, entitled Airworthiness Certificates, establishes the applicability and the procedural

r equirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1).

With the size of the UAS (typically less than 15 lbs., and always less than 55 lbs.) and the limited flight operation area s , it is unnecessary to undergo the certificate of airworthiness process under Part 21 Subpart H

to achieve or exceed current levels of safety

.
Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of
the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to

e xem pt aircraft from the requirement of a n airworthiness ce rtificate of the UAS involved upon consideration of the size, weight , speed , operational capability, and proximity to airports and populated areas. These
outlined conditions all apply to the UAS consi dered in this proposed exemption, therefore an airworthiness certificate is not applicable.

See Exemptions: 11138, 11062, 11067 , 11080, 11114, and 11112.



### 14 CFR § 91.203 ( A 

### ) & ( B 

### ): C ARRYING 

### C IVIL 

### A IRCRAFT 

### C ERTIFICATION AND 

### R EGISTRATION

This regulation provides as follows: (a ) “ ... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness certificate.”

(b )”No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this
secti on 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.”

The UAS with a full capacity payload weighs no more than 15lbs, and always less than 55 lbs. Due to the

s mall size th ere is no open cabin or cockpit. T here is no space , or onboard storage place located in/on the
UAS in which to carry certification an d r egistration documents. An equivalent level of safety will be achieved by keeping proper documentation at the location of the G roun d Control S tation where the PIC

, VO or GS

crew and others working with the UAS will have readily available access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions in cludes: Exemption Nos. 9565A, 9565B, 9789, 9789A, 9797, 9797A, 9816A, and 9816.

Further examination of §91.203 (a) & (b) conditions lends that UAS operated without an airworthiness certificate, under the conditions proposed in this petition, will achieve the equivalent level of safety or better,
than a conventional manned aircraft (fixed wing or rotorcraft) with an airworthiness certificate for the

purposes outlined in this application. The UAS will not carry a pilot or passenger, will not carry flammableT AKE F LIGHT UAS, LLC Page 9 fuel, and will operate only within small well

- defined locations . All operations will be in compliance with the
limitations and conditions stated in this application for petition. The FAA will have advance notice of all operations through the filing of Certificate s of Waiver or Authorization s (COA) and Notice s to Airman (NOTAM S ) not more than 72 hours in advance, but not less than 48 hours prior to conducting any operations under this grant of exemption. In summary, the size of the aircraft, the lack of flammable fuel and the fact
that the UAS is carried to the location, rather than flown to the site of operation

, all create an equivalent level of safety. The UAS provides and even exceeds an equivalent level of safety when comparing low
altitude operations conducted with conventional manned aircraft that would be carrying passengers , cargo, and flammable fuel.



### 14 CFR § 91.7( A 

### ): C IVIL AIRCRAFT AIRWOR THINESS

This regulation requires that “ no person may operate a civil aircraft unless it is in airwor thy condition

. ” Should the exemption be granted allowing commercial operation of UAS without an airworthiness certificate,

no standard will exist for airworthiness of the UAS. A n equivalent level of safety will be achieved by ensuring compliance with the UAS standard operating procedures

, flight operations manuals, and f ollowing
established practices which utilize safety checklists, pre

- flight checklists and regularly scheduled
maintenance.

Please note exemptions: 11159, 11157, 11153, 11150, 11138, 1 1136, 11109 and 11080.



### 14 CFR § 91.9 ( B 

### )(2): C IVIL 

### A IRCRAF T 

### F LIGHT 

### M ANUAL IN THE 

### A IRCRAFT

T his regulation provides guidance for aircraft flight manuals

. (b ) ” No person may operate a U.S.

- registered civil aircraft ... (2) “ For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved ai rplane or Rotorcraft Flight Man ual, approved

man ual material, markings

, and placards, or any combination thereof. ”

The UAS is small i n size and the re is no cabin or cockpit entrance to the UAS. There is no onboard pilot, passenger(s) or crew. Due to the small size , configuration with no cockpit or cabin for a pilot, passengers or

crew , there is no room or capacity onboard to carry a flight manual . T he equivalent level of safety will be achieved by keeping the flight manual (s) and standard operating procedures at the G roun d Control Station where the pil ot in command and GCS crew flying the UAS will have readily available access to it.

Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the G roun d Control Station of a UAS, where it can be immediately accessed by the pilot in command. Section 91.9(b ) “requires aircraft to carry the flight manual so the pilot would have ready access to the aircr aft limitations while in flight .” However, the FAA has
also determined that UAS will always be operated without any passengers or crew onboard, and that “requiring these special

- use aircraft [UAS] to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS].”

The FAA has previously granted exemp tions under similar circumstances. Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9564, 9564B, 9720, 10167, 10167A, 11112, 11114, and 11138.T AKE F LIGHT UAS, LLC Page 10 

### 14 CFR § 45.23 & 91.9( C 

### ): M ARKING OF THE 

### A IRCRAFT

Regulation 45.23 states ( a ) “ Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must als o be a Roman capital letter. ”

( b ) 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

opera tor 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 “provisiona l,” as applicable. ”

Regulation 91.9(c) provides: “ No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. ”

UAS does no t have entrance to a cabin, cockpit, or pilot station on which markings can be placed. The small
size of the UAS prevents marking the UAS with two

- inch lettering. Official marking systems for UAS have not yet been established for operations inside the NAS. However, t he A pplicant is prepared to mark the UAS with appropriate sized markings for the UAS. This can include identification as the name of the organization , its
location o f origin and aircraft serial numbers . The UAS G roun d Control Station will also have proper marking § 45.29 (f ) where the P ilot

, V i sual O bserver (s) , and others working with the UAS will see the identification of
the UAS and GCS

.
The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 1 0167A
and 11112, 11136, 11109, and 11062

.



### 14 CFR § 61.113( A 

### ) & ( B 

### ); 61.133( A 

### ): P RIVATE 

### P ILOT 

### P RIVILEGES AND 

### L IMITATIONS 

### ; P ILOT IN


### C OMMAND 

### ; C OMMERCIAL 

### P ILOT 

### P RIVILEGES AND 

### L IMITATIONS

Sections 61.113 (a) & (b) provide regulations for the limitation of private pilot privileges to non

- commercial operations. Section 61.133(a) requires an individual to hold a commercial pilot’s license when acting as pilot
in command of an aircraft used for compensation or hire

. UAS will not carry a pilot or passengers. Th e proposed operations can achieve the equivalent leve l of safety by requiring the UAS PIC to undergo UAS fli ght instruction, hold at least a private pilot's license or other FAA recognized equivalent, rather than a commercial pilot's license to operate small UAS. Unlike a conventional aircraft which carries a pilot and passenger(s), UAS are remotely controlled with no souls on board. The area of operation is limited with flights not exceeding 400 feet in altitude and not out of visual line of sight. All flights are plann ed and
coordinated in advance and will be monitor ed by both the PIC operator , Visual Obse rver(s ) and G roun d
Control Station and will follow all requirements to ensure compliance with safety regulations.

Further provisions will take into account the safety features and characteristics of the UAS. UAS navigational system and autopilot’s have a high degree of preset automated n avigational control with built

- in technical capabilities that will limit the ability for UAS to operat e outside of the f l ight operations envelop

. Automated
features and advanced fly

- safe controls consistently enable safe and reliable operation

.T AKE F LIGHT UAS, LLC Page 11 Flight safety is a priority
, no matter the flight operating environment. Because there are no souls on board

, UAS offer superior safety over manned aircraft in flying low altitude flights. UAS will operate with multiple
built

- in safety features

-

 UAS navigation and auto pilot system will fly a pre set flight path autonomously or fly in manual
override.

 UAS flight software automatically and systematically scans for system anomalies while in flight

. Detected issues are then handled with configurable preset automated response behavior such as

return

- to

- home , loiter and auto

- land functionality

.

 UAS has capability to auto detec t loss of GPS link. If link is lost, a warning a l arm is indicated and the UAS initiates an immediate landing.

 If UAS detects a low battery , a warning alarm sounds and UAS will return to home and land.

 If UAS loss of lin k to the G roun d Control Station occurs the UAS will perform its pr eset response to the condition by performing an auto

- land

.

 UAS flight time and battery power charge/ minutes are displayed at all times . UAS will return home and land automatically if user

- configurable limits are reached o r battery power reaches 25%

.

 UAS have the ability to set up no

- fly zones. These virtual boundaries will contain UAS flight operations not allowing UAS to fly horizontally and/ or vertically outside the pre

- planned flight area

.

 UAS safety pre

- flight checks and system status assessments prior to takeoff also include system self

calibra tion of flight sensors . If problems with flight sensors are detected the automated pre

- flight phase will abort.

These safety features, characteristics and advanced controls c an b e learned through proper flight i nstruction

a nd hands on UAS pilot training. With UAS pilot training, there is a reduction of risk associated with the operation of UAS

. Risks are mitigated due to size, speed, weight, operational capabilities , safety features and advanced navigational controls. The level of risk associated with private pilot operations or commercial operations considered by Part 61 with conventional aircraft (fixed wing or rotorcraf t) is considerably greater
than that of UAS o peratio ns as defined by this petition

. Therefore, a n equivalent level of safety is exceed ed

over the current level of safety required under 14 C.F.R

. § 61.113 (a ) & (b) § 61.133(a).

The FAA has issued the following exemptions to this regulation; see Exemption N os. 11110, 11109 , 11062, 11065, 11067, 11136 and 11138

.



### 14 CFR § 91.103: P REFLIGHT ACTION

This regulation requires each pilot in command to take ce rtain actions before flight to e nsure the safety of
the flight. As FAA approved flight manuals will not be provided for the UAS, an exemption will be needed. To provide for a n equivalent level of safety the following protocols will be in effect. The Pilot in Comman d
and Ground Control S tation crew will take all act ions including : systematic and comprehensive pre

- flight checks, safety plan review, weather updates , briefing of flight plan operations, flight battery power needs and requirements, aircra ft performance data and landing/ takeoff distances before procee ding with flight operations

. 

### Summary of Pre

- flight Checklist Items

 Visual inspection of entire airframeT AKE F LIGHT UAS, LLC Page 12  Visual inspections of fuselage, wings/rotor integrity

 Run

- up testing and battery power charge checks of all batteries (aerial vehicle, command station, radio transmitter )

 Check altimeter is set to zero at UAS launch site/landing zones, check GPS altitude

, location

, compass heading/bearing

 Verify communication between PIC

, VO(s) and/or GS crew

The failure of any portion of the pre

- flight check will preve nt take

- off. Pre

- flight checks which cannot be passed by the onboard flight system will be investigated and remedied by a qualified person prior to each flight

. This will be noted in the flight log for inclusion within the regular maintenance schedule.



### 1 4 CFR § 91.109( A 

### ) : F LIGHT 

### I NSTRUCTION

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

UAS are remotely piloted aircraft that do not

, by their nature

, have fully functional dual controls. Flight
control is accomplished through the use of a remotely operated hand

- held controller that communicates
with the aircraft via radio telemetry

. During flight instruc tion, UAS will be flown by both student and
instructor using separate flight control ler s simultaneously. If necessary for failover safety, the Ground
Control S tation can override and perform an immediate auto

- land . However, during typical flight operations, flight s are either manually flown, controlled on the fly by point and click navigational commands or with

pr e determined way points and flight paths

. Pilot has the ability to override pre set flight paths.

In summary, t he equivalent level of sa fety is exceeded due to the fact that neither a pilot nor passenger (s)
are onboard the UAS. In addition, the UAS is small in size, slow in speed and flies at low altitudes. Other weight and material ch aracteristics of the UAS are also considered contributing factors for safety . With this the Applicant believes that the previously outlined safety features provide for an increased level of safety over current regulations.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 11109, 11138, 11110.



### 14 CFR § 91.119 (C) : M INIMUM 

### S AFE 

### A LTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Speci fically, 91.119(c ) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to

any person, vessel, vehicle, or structure.

Because aerial survey, monitoring, mapping , inspection or data collection work must be accomplished at relatively low altitudes and at altitudes preferably less than 4 00 feet AGL, an exemption from Section 91.119( c ) is requested

.
The equivalent level of safety will be achieved given the size, weight, speed, and locations of flight operations

area s

. No flight operations will occur without the permission of the property owner or land management
enti ties

. Advance notice to the property owner or land managing entities
, will ensure the correct individuals will be notified of planned flight operations. In addition, small size, weight, and low speeds of UAS,T AKE F LIGHT UAS, LLC Page 13 contribute to very minimal hazards to persons , property, vessels, vehicles or structures

. Autopilot features include a governor preset that will inhibit flights above 400 ft. AGL. Due to the extremely low altitude flights planned for UAS operations, it is not allowable, feasible or safe for convent ional aircraft to fly within these parameters. Therefore, associated risks are marginal and do not compar e to traditional manned aircraft flights operating at this altitude and should be considered for exemption.

The FAA has granted similar exemptions to others, including Exemptions : 4063, 11138, 11136, 11112, 11110, 11109, 11080, 11066, 11063, 11062 and 11067.



### 14 CFR § 91.121: A LTIMETER 

### S ETTINGS

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by ref erence to an altimeter that is set to the elevation of the departure airport or barometric pressure. Some UAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. When a barometric pressure sensor is on th e UAS, it is corrected to the point of take

- off; this i s in close proximity to the PIC and not at a departure airport. The altitude reading will be relative to that launch p oint on the ground.

T he equivalent level of safety will be achieved by the PIC an d GS crew . As part of the pre

- flight checklist, the
PIC and the GCS crew will confirm the elevation or altitude of the launch site

. Using the altitude of the launch
site shown on the GPS altitude indicator and then confirming the UAS AGL altimeter is set to zero on the ground before each flight is initiated

. The altitude of the UAS will also be displayed via telemetry at the G S and will be constantly monitored by the PIC and GS crew during the entire flight operation

.
Please note similar exemptions have been granted: 11153, 11150, 11138, 11136, 11159 and 1115 9

.



### 14 CFR § 91.151( A 

### ): F UEL 

### R EQUIREMENTS FOR 

### F LIGHT IN 

### VFR C ONDITIONS

Section 91.151 (a) prohibits an individual from beginning “ 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 normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that fo r at least 45 minutes.”

D ifferent UAS batteries provide a range of powered flight times, depending on elevation, density altitude,
wind and other environmental conditions . However, b ecause UAS does not require landings at airports or airstrips, time in fu el as a safety buffer for go

- around s , delays for landing or diversion to another airport or airstrip is unnecessary. Applicant believes that an equivalent level of safety can be achieved by calculating flight operations to planned landing zones with suffi cient power for safe landings or by maintaining 2 5 % of

reserve battery power whichever happens first. This criteria w ill be more than adequate to return the UAS to its planned landing zone from anywhere within the flight operat ions area.

Operating the U AS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size , weight and speed at which the UAS operates. The UAS are

c onstructed of lightweight materials

, and have no onboard pilot, passenger (s) , or cargo. The risk to human life and property is extremely minimal

. In the unlikely event that the UAS is drained of battery power, it would simply auto

- land

. Given the UAS dimensions and weight

, and proven the risks are clearly less than theT AKE F LIGHT UAS, LLC Page 14 risk associated with conventional aircraft represented by th is regulation, a n equivalent level of safety is exceeded, and a n exemption from § 14 CFR 91.151 is requested

.
The FAA has granted similar exemptions to others, including Ex emptions 2689F, 5745, 10673
, 108 08,
11138 , 11136, 11112, 10650, and 10159.



### 14 CFR § 91.405( A 

### ); 407( A 

### )(1); 409( A 

### )(2); 417( A 

### ): M AINTENANCE 

### I NSPECTIONS

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescrib ed in part 43 of this chapter ...” Section 91.407 similarly
makes ref erence to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the
issuance of an air worthiness certificate. Section 91.417 (a) requires the owner or operator to keep records
of maintenance work that has been acco mplished by certificated mechanics, under Part 43, or licensed pilots and records of approval for aircraft return to service.

Since UAS are small in size and cannot carry pilot/passengers, they are not considered complex mechanical equipment . UAS will ope rate only wit hin flight operation areas and no higher than 400 ft AGL . If mechanical issues arise, the UAS can land immediately within the designated flight operation area. The equivalent level
of safety will be achieved as UAS PIC and GS crew will ensure that UAS are in proper working order prior to initiating flight operations. This will occur through required pre

- flight checks , regular UAS maintenance, and keeping a documented log of any date/ type of maintenance performed

.
Similar exemptions h ave been granted including: 11159, 11157, 11150, 11153, 11138, 11136, 11109 and
11080.



### APPENDIX C

SUMMARY OF SECTION 333 EXEMPTION REQUEST

Take Flight UAS , LLC hereby provides pursuant to Part 11 a summary of its exemption application to allow
commercial operation of UAS

. With petition approval , the Applicant intends to acquire and provide aerial imagery and data solutions in support of scientific research and monitoring activities as they apply to natural
resource based interests and precision production agricultur e

. For instance these will include cropland observations (growth yields, fertilization and nutrient distribution, soils and plant moisture content, mold and blight occurrence, and pest management), irrigation water conservation method s, invasive species monitoring, geologic and geomorphic surveys, forest and rangeland health, wildlife monitoring, wildfire management, and habitat restoration. Additionally, uses of UAS include assisting in humanitarian relief efforts, emergency disaster response and Search & Rescue (SAR) operations.

The application of UAS in these instances has the ability to produce valuable and sustainable products enhancing industry and public land operations. These products will provide definitive results for improvi ng precision production agriculture and natural resource based activities. In time, the specific benefits will provide increased crop harvest quality and quantity throughout growing areas where prudent water use and irrigation are required

. Implementing UAS for emergency disaster and SAR operation s will result in more efficient, decisive r eaction plans while significantly decreasing response time. This will help to provide theT AKE F LIGHT UAS, LLC Page 15 best solutions for the situation

– without increasing risk to hum an lives. An exemption is requested from the following regulations:



### 14 CFR PART SUMMARY OF REGULATION

P ART 

### 21 A IRWORTHINESS 

### C ERTIFICATION 

### 21, S UBPART 

### H C ERTIFICATION PROCEDU RES FOR PRODUCTS AND PARTS 

### , A IRWORTHINESS 

### C ERTIFICATES


### P ART 

### 61 C ERTIFICATION 

### : P ILOTS 

### , L IGHT 

### I NSTRUCTORS 

### , AND 

### G ROUND 

### I NSTRUCTORS


### 61.11 3( A 

### )( B 

### ) P RIVATE 

### P ILOT 

### P RIVILEGES AND 

### L IMITATIONS 

### ; P ILOT IN 

### C OMMAND 

### ;
61.133 ( A 

### ) C OMMERCIAL 

### P ILOT 

### P RIVILEGES AND 

### L IMITATIONS



### P ART 

### 91 G ENERAL 

### O PERATING AND 

### F LIGHT 

### R ULES 

### 91.203( A 

### )( B 

### ) C ARRYING 

### C IVIL 

### A IRCRAFT 

### C ERTIFICATION AND 

### R EGISTRATION 

### 91.7( A 

### ) C IVIL AIRCRAFT AIRWOR THINESS 

### 91.9( B 

### )(2) C IVIL 

### A IRCRAFT 

### F LIGHT 

### M ANUAL IN THE 

### A IRCRAFT 

### 91.9( C 

### ) 45.23( B 

### ) M ARKING OF THE 

### A IRCRAFT


### 91.103 P REFLIGHT ACTION


### 91.109 (A) F LIGHT INSTRUCTION


### 91.119 ( C 

### ) M INIMUM SAFE ALTITUDE S


### 91.121 A LTIMETER SETTINGS


### 91.151 (A) F UEL REQUIREMENTS FOR FLIGHTS IN 

### VFR CONDITIONS


### 91.405 (A) M AINTENANCE REQUIRED


### 91.407 (A)(1) O PERATION AFTER MAINT ENANCE


### 91.409 (A)(2) I NSPECTIONS


### 91.417 (A) M AINTENANCE RECORDS