### 1 

## SOUTHERN BUSINESS SERVICES, LLC. DBA: SBS ROBOTICS
June 8, 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21 ; 14 CFR 61.113 (a) & (b); 91.7 (a) ; 91

. 9 (b) (2); 91.103(b); 91

. 109; 91.119; 91

. 121; 91

. 151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

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, SBS ROBOTICS LLC. DBA as SBS Robotics, hereby applies for an exemption from the listed Federal Aviation Regula tions ("FAR") to allow commercial operation of its UAV’s, so long as such operations are cond ucted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333

. The requested exemption would permit the operation of small, unmanned and UAV’s under controlled conditions in airspace that is 1) lim ited 2) predetermined 3) Controlled as to access. UAV flights performed by SBS Robotics in all scen arios, can readily be pr otected with secured access by the staff of SBS Robotics, comparable to that of a movie production set. The structures on these properties provided sufficient protec tion from the decent of the UAV and can be completed with much less risk than what would be assumed in a manned operation at low altitudes. SBS Robotics plans to offer video inspection, photogramme try, and photography services for commercial pur poses initially including:
1. Aerial Photography and Video 2. Agricultural Conservation, Survey ing, Land Mapping and Engineering Services 3. Commercial Property and Real Estate Assessment/Photography 4. Instruction and Student Training (Web-based, Simulation and Hands-on) 5. Stock Video and Photography Account Libr ary (Getty Images, iStock, Shutterstock) 6. Corporate Delivery Services (i.e . Amazon, Rite-Aid, CVS,...) - PENDING 7. Consultation Services, Public Drone Sa fety, Awareness and Home Security Systems 8. Maintenance and Repair Services 9. Data Services, Image Analysis, Video Editing Services The UAV applications listed above are closed to the general public, providing the opportunity to operate only in an area where informed, consent ing participants and personnel are present. Where Towers and solar panel farms are concerned, SBS Robot ics will be operating within airspace previously reviewed by the FAA for the construction of the tower therefore the airspace of the controlled operations area creates no additional hazard to the national airspace

. Approval of this exemption would therefore create no safety concerns regarding national airspace and fulfill the Secretary of Transportat ion's (the FAA Administrator's) responsibilities to "

. .. establish requirements for the safe operation of such airc raft systems in the nati onal airspace system."

### 2 Section 333(c) of the Reform Act. The name and address of the applicant is: SOUTHERN BUSIN ESS SERVICES, LLC. DBA: SBS Robotics Attn: Ronald H. Cox Email info@sbsrobotics.com; rcoxpilot@msn.com 440 38th Square SW Vero Beach, FL 32968 (772) 538-1965 Regulations from which t he exemption is requested: 14 C.F.R. Part 21 14 C

. F

. R. 45

. 23 (b) 14 C.F

. R. 91

. 7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F

. R. 91

. 103 14 C

. F.R. 91.109 14 C

. F.R. 91.119 14 C

. F

. R. 91

. 121 14 C.F.R. 91

. 151 (a) 14 C.F.R. 91

. 203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unm anned aircraft systems may operate safely in the national airspace system (NAS) before co mpletion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determ i ne which types of UAV do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following : • The UAV size , weight , speed , and operational capability; • Operation of the UAV i n close proximity to airports and populated areas ; and • Operation of the UAV within vis ual line of sight of the operator Reform Act§ 333(a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secr etary shall establish requirements for the safe operation of such aircraft in the national airspace system ." Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to cra ft conditions for the safe operation of the UAS , if it should be determined t hat the conditions set forth her ein do not fulfill the statutory requirements for approval. The Federal Aviati on Act expressly grants the FAA the authority to issue exemptions. This statut ory authority by its terms includes exempting civil aircraft, as the term is defined under §401 01 of the Act that includes UAV , from the requirement that all civil aircraft must have a curr ent airworthiness certificate

. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of th is section or any sections 44702

- 44716 of this title if the Administrator finds the exempti on in the public interest. 49 U

. S

. C

. §44701(f) See also 49

### 3 USC §44711(a) ; 49 USC §44704 ; 14 CFR §91

. 203(a) (1)

. SBS Robotics UAV’s consist of manufactu rer built 8 engine multirotor craft , weighing 55 or fewer lbs. including payload

. They operate , under normal conditions , at a speed of no more than 50 knots and have the capability to hover , and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within a small controlled area described in the Confidential Operations Procedures , attached as Exhibit A (hereinafter "Procedures " ) Such operations will insure that the UAV will " not create a hazard to users of the national airs pace system or the public.'' Applicant submits this Procedure as a C onfidential and Proprietary document under 14 CFR 11

. 35 (b) as the entire Procedures contains proprietary info rmation that the applicant has not and will not share with others. The Procedures contains operating conditions and procedures that are not available to the publ i c and are protected from release under the Freedom of Information Act 5 USC 552 et.seq

. Given the small size of the UAV’s involved and the restricted controlled environment within which they will operate , the applicant falls squarely within that zone of safety (an equi valent level of safety) in which Congress envisioned that the FAA must, by exemption , allow commercial operations of UAV’s to commence immediately. Also due to the si ze of the UAV’s and the controlled areas i n which the relevant UAV’s will operate , approval of the application pr esents no national security issue

. Given the following , the grant of the requested exempt ions is clearly in the public interest: • Clear direction in Section 333 of the Reform Act, the authority contai ned in the Federal Aviation Act , as amended • The level of safety surrounding the proposed op erations that implem ent the use of HD and thermal imagining, and the significant public benefit • Innovative reductions in physical dangers of personnel climbing towers (e.g., thermal imaging of active wasp/hornet nes ts, electrical “hot spots”...) and/or the use of high-rise heavy equipment thus reduced emissions associated with allowing UAV’s operations. Accordingly, the applicant res pectfully requests that the FA A grant the requested exemption without delay

.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and t hat operate with the lim itations listed herein

. These limitations provide for an exceptional level of safety to operations. These limita tions and conditions to which SBS Robotics agrees to be bound when conducting commercial operations under an FAA issued exemption include : 1. The UAV will weigh less than 55 lbs. 2. Flights will be operated within line of sight of operator. 3. Maximum total flight time for each operat ional flight will be 30 minutes. Flights will be terminated at 15% battery power reserve shoul d that occur prior to the 30 minute limit. 4

. Flights will be operated at an altitude of no more than 200 feet AGL 5

. UAV operator will be trained and certified in t he proper safety and oper ations of the UAV. 6

. The UAV will only operate within a cont rolled area as defined in the Procedures

. 7. The operator will post advisor notice around the controlled area. 8. Operator will have been trained in operat ion of UAV generally and received up-to-date

### 4 information on the particular UAV to be operated as required. 9. If the UAV loses communications or lose s its GPS signal, the UAS will have capability to return to a pre-determined location wi thin the Security Perimeter and land

. 10. The UAV will have the capability to abort a f light in case of unpredicted obstacles or emergencies.
14 C.F.R. Part 21, Subpart H: Airworthin ess Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates , establishes the proc edural requirements for the issuance of airworthiness cert ificates as required by FAR §91

. 203 (a) (1)

. Given the size and limited operating area associat ed with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

### (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthine ss certificate, upon cons ideration of the size, weight, speed, operational capability, and proxim ity to airports and populated areas of the particular UAV

. In all cases, an analysis of these criteria demonstrates that the UAV operated without an airwor thiness certificate , in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness ce rtificate without the re strictions and conditions proposed. The UAV’s to be operated hereunder is less than 55 lbs

. fully loaded, carries neither a pilot nor passenger, carries no explosive material s or flammable liquid fuels, and operates exclusively within a controlled area as set out in the Procedures

. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Procedures requirements

. Lastly, application of these same criteria demonstrates that there is no cr edible threat to national securi ty posed by the UAV, due to its size, speed of operation, location of operation , lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no per son may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness ce rtificate issued for t he aircraft, should this exemption be granted, no FAA regulatory standar d will exist for determining airworthiness. Given the size of the aircraft and the r equirements contained in the Procedures for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.
14 C.F.R. § 91.9 (b) (2): Civil Aircra ft Flight Manual in the Aircraft. Section 91

. 9(b)(2) provides : No person may operate a U.S.-registered civil aircraft... (2) For which an Airplane or Rotorcraft Flight M anual is not required by §21.5 of this chapter , unless there is available in the aircraft a current approved airplane or Rotorcraft Flight

### 5 Manual, approved manual material, markings, and pl acards, or any combination thereof. The UAV, given its size and conf iguration has no ability or place to carry such a flight manual on the aircraft , not only because there is no pilot on board , but because there is no room or capacity to carry such an item on the aircraft

. The equ i valent level of safety will be maintained by keeping the flight manual at the ground control point where t he operator flying the UAV will have immed i ate access to it. The FAA has issued the following exem ptions to this regulation : Exemption Nos

. 8607, 8737, 8738 , 9299, 9299A, 9565 , 95658, 10167 , 10167A, 10602 , 32827, and 10700

.
14 C.F.R. § 91.103: Preflight action This regulation requires each operator to take cert ain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed

. An equivalent level of safety w ill be provided as set forth in Procedures. The operator will take all actions including review ing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
14 C.F.R. §91.109: Flight instruction : Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for f light instruction unless that ai rcraft has fully functioning dual controls. UAV’s and remotely piloted aircraft, by their des ign do not have fully f unctional dual controls

. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications

. The FAA has approved exempt ions for flight training without fully functional dual c ontrols for a number of aircraft and for flight instruction in experimental aircraft

. See Exemption Nos.5778K & 9862A. T he equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft

.
14 C.F

. R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitu des for operation of civil aircraft

. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or al titudes prescribed for helicopters by the FAA. As this exemption is for a U AV that is a helicopter and the ex emption requests authority to operate at altitudes up to 200 AGL, an exempt ion may be needed to allow such operations. As set forth herein , except for the limited conditi ons stated in the Procedures , the UAV will never operate at higher than 200 AGL. The equivalent level of safety will be achieved given the size, we i ght, and speed of the UAV as well as the location where it is operated. In addition, the low-alti tude operations of the UAV will ensure separation between these sm all-UAS operations and the operations of conventional aircraft that must comply with Section 91.119

.

### 6 14 C.F.R. §91.121 Altimeter Settings This regulation requires each per son operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

. .. to the elevation of the departure airport or an appropriate altimeter setting available before departure. " As the UAV may not have a barometric altimeter, but instead a GPS altitude read out , an exemption may be needed

. An equivalent level of safety will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming the altitude of the launch site show n on the GPS altitude indicator before flight.
14 C.F.R. § 91.151(a): Fuel Requireme nts for Flight in VFR Conditions Section 91

. 151 (a) prohibits an individual from beg i nning " a flight in an a i rplane under VFR conditions unless (considering wind and foreca st 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 for at least 45 minutes

. " The battery powering the UAV provides approxim ately 40 minutes of pow ered flight. To meet the 30-minute reserve requirement in 14 CFR §91

. 151, UAV flights would be limited to approximately 10 minutes in length

. G i ven the limitations on the UAV's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or ni ght VFR conditions is reasonable

. Applicant believes tha t an exemption from 1 4 CFR §91

. 151 (a) falls within the scope of p r ior exemptions. See Exemption 106 73 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a))

. Operating the small UAS , in a tightly controlled area, with less than 30 minutes of reserve fuel, does not engender the type of ri sks that Section 91

. 151 (a) was intended to alleviate given the size and speed of the small UAS

. Additionally , limiting UAV flights to 10 minutes would greatly reduc e the utility for which the exemption will be granted

. Applicant believes t hat an equivalent level of safety can be achieved by limiting flights to 30 minutes or 15% of battery power whichever hap pens first. This restriction would be more than adequate to return the UAV to its planne d landing zone from anywhere in its limited operating area

. Similar exemptions have been gr anted to other operations , including Exemptions 2689F , 5745, 10673 , and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part : (a) Except as provided in § 91

. 715, no pe r son may operate a civil aircraft unless it has within it the following : (1) An appropriate and current airworthiness certificate.

### 7 (b) No person may operate a civil aircraft unl ess the airworthiness certificate required by paragraph (a) of this section or a specia l flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so t hat it is legible to passengers or crew

. The UAV fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As such , there is no ability or place to carry cert ification and registra tion documents or to display them on the UAV. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the operator flying the UAV will have immediate access to them , to the extent they are applicable to the UAV

. The FAA has issued numerous exemptions to this regulation

. A representative sample of other exceptio ns includes Exemption Nos. 9565, 9665, 9789 , 9789A, 9797, 9797A, 9816A , and 10700.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections, except as provided in paragraph (c) of this section , have discrepancies repaired as prescribed in part 43 of this chapter." and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The opera tor will accomplish maintenance pursuant to the flight manual and operating handbook as referenced in the Procedures. An equivalent level of safety will be achieved because t hese small UAV’s are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be oper ating from no higher than 200 feet AGL

. As provided in the Procedures, the operator will ensur e that the UAV is in working order prior to initiating flight, perform required maintenance , and keep a log of any maintenance performed

. Moreover , the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety

. Pursuant to 14 C.F

. R. Part 11 , the following summary is provided for publication in the Federal Register, should it be deter mined that publication is needed: Applicant seeks an exemption from the following rules: 14 C

. F.R. §21, subpart H ; 14 C.F

. R 45.23(b) ; 14 C.F.R. §§ 61

. 113(a) & (b) ; 91.7(a); 91.9(b) (2); 91.103(b); 91

. 109; 91.119; 91.121; 91

. 151(a); 91

. 203(a) and (b); 91.405 (a) ; 91.407 (a) (1) ; 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b ) to operate commercially a small unmanned vehicle (551bs or less) for the purpose of inspection, monitoring , mapping and photographing attached equipment and engineering studies involving communication tower operations. Approval of exemptions allowing commercial opera tions of UAV’s will create a level of safety by reducing risk

. Conventional tower structure inspection s and associated tasks involve extreme risks to personnel physically climbing such struct ures and/or utilizing high rise equipment both of which create numerous and extreme risk to such personnel. In contrast , a UAV weighing fewer than 55 lbs. and powered by batteries eliminates vi rtually all of that risk. The UAV will carry no passengers or crew a nd, therefore, will not expose personnel to any of the risks described above. The operation of small UAV’s , weighing less than 55 lbs

. , conducted in the strict conditions outlined above, will provide a level of safe ty supporting the grant of the exemptions requested herein , including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightwei ght aircraft operate at slow speeds, close to

### 8 the ground , and in a controlled environment.
Privacy All flights will occur over priv ate or controlled access property with the property owner's prior consent and knowledge

. The granting of this exemption requ est will provide innovative safety operations. Satisfaction of the criteria provided in Secti on 333 of the Reform Act of 2012-- size, weight, speed, operating capabilitie s, proximity to airports and popul ated areas and o peration within visual line of sight and national security - pr ovide more than adequate justification for the grant of the requested exemptions allowing commercial oper ation of applicant's UAV in and pursuant to the Procedures appended hereto

. Respectfully, Ronald H. Cox Managing Partner SOUTHERN BUSINESS SERVICES, LLC. DBA: SBS Robotics