Jamie Shepler November 1st, 2015

Director of UAS Operations

Constellis

850 Puddin Ridge Road

Moyock, NC 27958

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam:

Attached, please find Constellis’s request 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 purposes of aerial photography,

cinematography, videography, 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 light of the background above, pursuant to Section 333, Constellis seeks exemption

from those certain Federal Aviation Regulations (“FARs”) discussed below. Constellis

believes that the instant Petition is substantially similar to other Section 333 Exemption

Petitions previously filed with and granted by the FAA—including, for example, the

Petitions in Grant of Exemption Nos. 11109, 11112, 13313 and 11213—such that this

Petition qualifies for “summary grant” treatment under the FAA’s policy announced and

implemented in early April 2015 and without need for the FAA to solicit public

comment on this proposal. Moreover, each of the specific unmanned aircraft systems

proposed to be used by Constellis pursuant to a grant of the instant Petition— DJI

Inspire; Lockheed Martin Indago, Sentera Pheonix, Aerovironment Puma.—has been

the subject of at least one Section 333 Exemption Petition previously granted by the

FAA 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. 13313
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The requested exemptions and proposed limitations provide for at 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.

If 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

Constellis
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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 world.

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 locations 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

operational 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

customers.

Constellis proposes to commercially operate its Unmanned Systems platforms for the

purposes as defined below:

- aerial application

- aerial data collection

- aerial survey

- aerial photography/videography

- asset management - environmental monitoring

- fire investigation

- geospatial data collection

- inspection of construction sites

- inspection of infrastructure

- maintenance monitoring (sites, asset management)

- mapping

- research and development - public safety support - precision agriculture

- remote sensing

- precision photography

- search and rescue operations

- traffic monitoring
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- training for UAS operations

Constellis holds that commercially operating an UAS within the NAS under these 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 Aircraft 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 petitioner 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 modes, 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 procedures 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 similar 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 55lbs, during

daylight hours, within visual line of sight of the PIC, at altitudes specified by approved

COA’s or an approved 333 exemption and at speeds less than 70mph (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 the
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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. Given 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 alternative 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 for comment.

2.2 Maintenance & Inspection

Constellis shall follow the manufacturer’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 inspect 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 described 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 public 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 PIC
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4. Petitioners should describe the qualifications required of any PIC(s) who will 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 flight 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 responsible for the operation of the UAS.

Constellis PICs shall possess 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 specified 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 proposed 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. Petitioners 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 mitigations
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associated with these 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 23m/s (52mph).

The UAS will not be 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 compliance 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 right 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 power 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 existing 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 mandate 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.
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In accordance with the “Blanket 200ft COA” guidance that was issued by the FAA in

March 2015, flight operations will not take place within

 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 Organization-issued COA. 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 under 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. Petitioners 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 procedures 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 line 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 to fly as described in Appendices 1-4. Furthermore, the PIC

will conduct a pre-flight checklist as described in Appendix 2 (Constellis Phoenix) 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 describe their intended coordination in this regard for their

proposed operation(s).
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Constellis’s aerial infrastructure inspections, cinematography/videography, agricultural

operations, security monitoring, public safety, first responder and emergency response

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 conducting 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 primarily 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 separate and additional 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, and any

associated noise certification and

testing requirements of part 36, is not

necessary.

45.23(b) Display of Marks Constellis UAS shall be identified 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 as
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described 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, relief 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 will 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 rely 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, in 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 endurance 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 five
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minutes after the intended mission is

complete. The short flight time makes

the reserves specified in 91.151

impractical 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 safety,

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

small 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 collections under the

current 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

UASs to complete these missions the public interest is served by increasing 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

climber 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 flight
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operations under the current regulatory structure include the use of manned aircraft,

which are expensive, inefficient and can pose significant risks to the aircrew, property

and structures and persons on the ground when being operated in close proximity to the

ground. By using UASs to complete these missions the public interest is served by

increasing safety to pilots, passengers and non-participants on the ground 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 safety, reduce 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 photography,

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 – Please 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 Manual
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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.