Desert Aire Solutions

The Honorable Michael P. Huerta Office of the Administrator Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 March 1, 2016 The Honorable Anthony R. Foxx Office of the Secretary US Department of Transportation 1200 New J ersey Ave. , SE Washington, D C 20590 Suk Kim 

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Desert Aire Solutio ns LLC 109 Government RD Mattawa, WA 99349

RE : Docket FAA 2015.5532 Desert Aire Solutions sUAS Petition for Exemption Pur suant to FMRA Sec 333 and 14 CFR Part 11 Dear Administrator H uerta: Desert Aire Solutions LLC (' DAS') hereby p etitions the FAA for regulatory relief pursuant to Section 333 of P
.L. 112

- 95 and 14 C. F .R. Sec. 11.8 1 to conduct commercial flights us ing the ATI Agbot and DJI Inspire 1 sUAS for the following applications :

• Aerial Vicleography and Photography • Aerial Cinematography • Aerial Survey • Aerial Inspection • Operator Training • Aerial Mapping DAS , therefore, seeks a request for exemption from airworthiness and the following specific T itle 14 C.F.R. provisions:

• 14 C.F
. R. Part 21 • 14 C.F.R. 45.23 • 14 C.F.R. 61.113(a) (b) • 14 C.F.R. 6 1. 133(a)

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• 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9 • 14 C.F.R. 91.109(a) • 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 • 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition, specifically Exemptions No. 11062 to Astraeus Aerial, 11109 to Clayco, Inc., andll213 to Aeryon Labs, Inc.; and we therefore request that our petition be granted without delay. Additional similar exemp tions include (cinematography ) No. 11 806, 11751 , 11541 , 11 488, 11477 , 11 440, 11401 , 11362 , and 11270 and (videography) No
. 11 842, 11 843, 11 845, 11848, 11 850, 11820, 11822, 11825, 11826, 11829, and 11833. DAS has also provided supporting documentation to include; a General Operations Manual (DAS Manual') which is composed of (1) an operations manual and checklists, (2) flight manuals for each of the DAS models , and (3) an sUAS motion picture and television operations manual (MP TOM)
. Please note that a ll the DAS Manual (including a ll of the above listed components) are clearly marked "Confidential" on each page and contain confidential commercial and proprietary informa

tion that DAS has not and will not share with others who are not sub j ect to a "Nondisclosure Agreement" (NDA). Therefore , the DAS Manual (including all components) are not available to the public and conta in operating conditions, procedures and other informat ion that a re protected from public release or disclosure under the Freedom of Information Act 5 USC Sec
. 552 et seq . 1 

### Company Description This section responds to the specific requirements of 14 CFR Sec 11.81. DAS provides aerial inspection services using our custom fleet of unmanned aircrafts and sensor packages. vVe are also an authori zed dealership for the AgBOT from Aerial Technology International. Our other services include repa ir , customization and training. Mailing address and other contact informa t ion. ATTN : Suk Kim Desert Aire Solutions LLC 109 Government RD

Doc ID: ec4b76f7d60f1 c162a8239932773653998a909a6Mattawa, WA 99349 Email: steve@fiydas
.org 

### 2 Relevant Statutory Authority 3

This exemption app lication is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the P.L. 112

- 95, the FAA Modernization and Reform Act ('Reform Act'). This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section**:~32** of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs 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 UAS's size, wei ght, speed, and operati onal capability; • Operation of the UAS in close proxi mity to airports and populated areas; and • Operation of the UAS within vis ual line of sight of the operator. 1 Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the saf e operation of such aircraft in the national airspace system." 2 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. 

### 3 Qua lification for Approval Unde r S ection 333 of the R e form Act The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory cr iteria and other potentially relevant factors are satisfied
. The requested exemption would permit DAS to perform commercial operations under controlled conditions in airspace that is 1) limited 2) predetermined 3) restricted , limited, or controlled as to access and 4) would provide safety enhancements to the already safe operations in these industries presently using conventional aircraft. Approval of this exempti on would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. Each DAS sUAS weighs 55 lb. or less including payload. Each DAS sUAS operates under normal cond itions at a speed of no more than 87 knots
. Each DAS sUAS has the capability to operate in either Automatic ' or Manual' mode as described in the DAS Manual. 1 Pub l ic Law 112

- 95 , ' FAA Modernization and Reform Act' Section 333 (a) 2 Id. §333(c).

Do c I D: ec4b 76f7d 60f 1 c1 62a823 9 93277365399 8a 909a64 Generally DAS sUAS operations will be below an altitude of 400 ft. AGL, within specific accessrestricted areas, either within Class G airspace or with the permission of the ATC, using sUAS operated by DAS-qualified sUAS pilots, and within the visual line of sight of the operator and observer. Such operations will ensure that the sUAS will "not create a hazard to users of the National Airspace System or the public" as per the FMRA 2012 Section 333. Given the size of the sUAS and the operating environment , this petition for exemption meets an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to commence immediately. Also due to the size and environment, approval of the application presents no national security issue. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act , as amended, the equivalent level of safety surrmmding the proposed operations , and the significant public benefit described herein, the grant of the requested exemptions is also in the public interest. 

### 4 DAS Description of Proposed Operations DAS operations will provide a level of safety that is equivalent to current aviation standards. DAS safety procedures , risk assessments , and flight operations standards are described in detail in the accompanying DAS Manual. In brief , the following procedures that apply during operations conducted under this exemption request, establish an equivalent level of safety (ELOS) as follows:
1. The sUAS will weigh less than 55 lb. 2. Flights will be operated within line of sight of a pilot and/ or observer. 3. Flights will occur during daylight hours. 4. Flights will occur during Visual Flight Rules Meteorological Conditions (VMC). 5. Flights will generally be operated at an altitude of no more than 400 feet AGL and within Class G airspace. Operations in controlled B , C, or D airspace will be conducted in coordination with the proper FSDO and ATC with prior permission. 6. Flights will be terminated at 25% battery power reserve should that occur during the operation. 7. All DAS sUAS will be U.S. registered and display marks either in accordance with 14 C.F.R. Part 45, Subpart C or approved alternative markings. 8. Operations will be conducted in defined regions and over property authorized for this use by the landowner. All operations will remain within the geographic bot.mdaries of the operating area. Most operations may be conducted within the limitations of the blanket COA authorization provided with 333 grants as of 3/ 23 / 2015. 9. All required permissions and permits will be obtained from territorial , state , county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 10. The operator will obtain the consent of all persons involved and ensure that only consenting persons will be allowed within 100 feet of the flight operation , and this radius may be reduced to 30 feet based upon an equivalent level of safety determination.

Doc ID: ec4b76f7d60f1 c162a8239932773653998a909a65 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day ' s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 12
.. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer , and/ or the Camera Operator. 13. Operations without a Visual Observer (sUAS Pilot only) may occasionally be conducted subject to additional and specific aircraft equipment, operator competency, and flight restrictions (maximum distance from the sUAS Pilot , maximum altitude, a.nd maximum speed) as defined in the DAS Operations Manual. 14. sUAS operations under this exemption will be conducted under the supervision of a designated pilot in command (PIC) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3. All sUAS operators must have completed training on the normal, abnormal , and emergency procedures in the DAS Manual and demonstrated proficiency with the sUAS being operated. The PIC will meet at least the minimum FAA sUAS regulations for licensure. DAS requests that the alternative minimum PIC qualification proposed in DAS manual is approved by the FAA. Otherwise, DAS PICs must possess at least a sport pilot certificate and hold a valid U.S. driver ' s license. 15. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot , who possess the necessary PIC qualifications, is also present (i.e. the Visual Observer), that person can also be designated as the PIC. 16. Observer and pilot will at all times be able to maintain verbal communication, either directly or tht·ough electronic means. 17. Operators and engineers will maintain the sUAS system in a condition for safe operation according to the DAS Manual and associated manufacturer's maintenance manuals , including pre-flight and post-flight inspections. 18. The PIC and observers will maintain situational awareness and perceive, process , and perform risk management prior to and during each operation as described in the DAS Manual. The PIC will terminate the operation in accordance with the DAS Manual if hazards that cannot be acceptably mitigated are observed
. 19. sUAS will safely stop operating and either return home or auto-land at a safe location along the flight path if the control link is lost. 20. For each sUAS, the PIC will have the ability to force a controlled landing at any time. Operations for the purpose of closed-set motion picture and television filming and production. 1. The DAS sUAS specific motion picture and television operations manual (MPTOM) will apply to closed-set motion picture and television operations conducted under the exemption. 2. At least 3 clays before aerial filming, DAS will submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the ar·ea of proposed filming. The plan of activities will include the following:

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• Dates and times for all flights. • Name and phone number of the DAS point-of-contact f or the UAS aeri al filming to be conducted
. • Name and phone number of the person responsible for the on-scene operation of the UAS
. • Mak e, model, and serial or N-Number of UAS to be used. • Name and certificate number of UAS PICs invol ved in the aerial fi lming. • A statement that DAS has obtained permission from property owners and/ or local officials

to conduct the fi lming producti on event; the list of those who gave permission must be made available to the inspector upon request. • Signature of DAS CEO or representative. • A description of the flight activity, including maps or diagrams of any area , city , town, county, and/ or state over which filming will be conducted and the altitudes essentia l to accomplish the operation. 3
. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production , as specified in the DAS sUAS MPTOM
. In addition to the above, DAS has implemented a Safety Management System. The DAS Safety Manager is responsible for conducting safety audits, investigations, and inspections and is authorized to stop or prohibit any activity or operations which is considered unsafe. Full details are available in the DAS Manual. 

### 5 R e g ulatio n s Fro m Wh ich Exemp t ion i s R eques t ed 5.1 Part 61 , C e rtification: Pilots, Flight Ins tructors, and Ground Instructors E xtent o f R e lief Part 61, all sections. Reason for R e lief Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the P I C operating the aircraf t to have at least a sport pilot 's license rather than a commercial pilot 's license to operate these sUAS. Equivale nt Level of Saf et y Unlike a conventional a ircraft that carries the pilot and passengers, the sUAS is remotely controlled wi th no li v ing thing on board. The area of operation is controlled and restricted , and all fl ights are planned and coordinated in advance as set forth in the General Operations Manual (GOM)
. The level of safety provided by the requirements included in the GOM exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so d iminished from the level of ris k associated with commercial operations contemplated by Part 61 when drafted , that allowing operations of the sUAS as requested with a sport pilot certificate as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

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### 5.2 61.113 Private pilot privileges and limitations: Pilot in command. Extent of Relief Relief from requirement to possess a private or commercial pilot's license for aerial work such as aerial survey and mapping. Reason for Relief §61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command of an a ircraft f or compensation or hire; (b) states that a private pilot may act as PIC if the flight is incidental to business and does not carry passengers or property. Furthermore, N

- 8900 .227 "Unmanned Aircraft Systems (UAS) Operational Approval" paragraph 16(c)(2)(c) "Operations without a pilot certificate" states that a operations which conform to said paragraph may be performed by a PIC that does not possess a private pilots license but that has completed FAA private pilot ground instruction and passed the FAA Private Pilot written test. In add ition, there is no means currently of obtaining a commercial rating for UAS. Thus, we require relief in order to perform aerial work. Public Benefit As described above, the public benefit includes exponential economic growth, enhanced safety, and improved capabilit ies at reduced cost and increased efficiency. In general, commercial sma ll UAS operations provide aerial services which are affordable to small businesses, something that would not be possible without UAS technology. Equivalent Level of Safety Our operations fulfill a ll the requirements in N-8 900.227 16(c)(2)(c) for operations without a private p ilots license.



### 5.3 91.7 Civil aircraft airworthiness. Extent of Relief 91.7 , all provisions. Reason for Relief Should the exemption be granted allowing commercial operation of the sUAS without an airwor

thiness certificate, no standard will exist for airworthiness of the sUAS
. Equivalent Leve l of Safety Given the size and weight of these aircraft and the requirements contained in the GOM , an equival ent level of safety will be achieved by insuring compliance with the sUAS user manuals prior to each flight
.

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### 5.4 91.119, Minimum safe altitudes: General. Extent of Relief Section 91.119 establishes safe altitudes for operation of civil aircraft. 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, and the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Reason for R e lief To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In addition, due to the nature of the proposed operations , the PIC and the observer may at times be less than 500 feet away from structures during the operation. Equivalent Level of Safety The equivalent level of safety will be achieved gi ven the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the required permission of the property owner and local officials, and advanced notice to participants and spectators. Because of the advance notice all affected individuals will be aware of the planned flight. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. described above and the lack of flammable fuel, any risk associated with these operations is far less than those presently conducted with conventional aircraft operating at or below 500 AGL in other industries. In addition, the low-altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must compl y with Section 91.119.



### 5.5 91.121 Altimeter Settings Extent of Relief §91.121 Reason for Relief As the sUAS may not have a barometric alt imeter, but instead a GPS altitude read out, an exemption may be needed. Equivalent Level of Safety An equivalent level of safety will be achieved by the operator , pursuant to the GOM and the Safety Check list , confirming the a ltitude of the launch site shown on the GPS a ltitude indicator before flight.

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### 5.6 91.151, Fuel requirements for flight in VFR conditions. Extent of Relief §9 1.151, all provisions. Reason for R e lief The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS , including todays longest endurance platforms , are unable to meet this requirement because of limited max flight times. Equivalent Level of Safety An equiv a lent level of safety can be achieved by limiting flights for the sUAS according to the safety limitations described in the GOM. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.



### 5. 7 91.405, 91.407, 91.409, 91.417 Inspection and Maintenance Programs Extent of Relief §§91.405, Maintenance required; 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409, Inspections; and 91.417, Maintenance records. Reason for Relief The part 91 provisions are not applicable to a s UAS of the described weight class. Furthermore , FAA certified mechanics for sUAS do not at this present time exist , so full compliance is not p ossible. The sUAS flown are modular and as such ent ire components including engines and propellers are minor replacements rather than major repairs. Finally, continuous minor a lterat ions and payload reconfigurations of sUAS are designed and required for the operation of sUAS and do not negatively impact airworthiness. Equivalent Level of Safety Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition. Each sUAS is maintained accord ing to the manufacturer standard or higher by technicians proficient in the building , repair , and maintenance of the sUAS. Inspection and Maintenance manuals utilized contain all a ircraft-relevant items as described in (43 Appendix D (Scope and Deta il of Items). Finally, maintenance records are maintained in the Operations Database; either online on the Skyward Platform and are therefore immediately aud itable by regulators on demand, or as otherwise determined by DAS. 

### 6 Public Interest DAS believes that the enhanced safety achieved using a sUAS with the specifications described in this petition and supporting documents and by carrying no passengers or crew, rather than a

Doc 10: ec4b76f7d60f1 c162a8239932773653998a909a610 manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel, gives the FAA good ca use to find that the UAS operations enabled by this exempt ion a re in the public interest. The outputs of safe, reliable , and regulatory compliant operations of sUAS provide economic benefits historically unparalleled since the invention of flight, benefiting stakeholders at every level , both public and private. Lawful , safe aerial robotics operations will create new high

- tech employment that will stimulate city and state governments; imp rove industries, create new small a nd large bus inesses; infu se new interest in STEM f or children; and increase t he safety of citizens through enhanced first

-responder capabilities
. 

### 7 Privacy All flights will occur over private , limited, or restricted

- access areas with the property owner's prior consent and knowledge. Operations will be conducted by trained crew and all other individuals will either be a part of the operation or consent to be present at the time of operations. 

### 8 Federal Register Summary Purs uant to 14 C.F.R. Part 11 , the followin g summary is provided for publication in the Federal Register, s hould it be determined 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), 61.133(a); 91.7 (a); 91.9 (b) (2); 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 9 1.417 (a) & (b) to operate sUAS for commercial use.

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### 9 Conclusion DAS seeks this exemption to conduct commercial operations using sUAS within restricted

- access areas in the NAS
. Without this exemption, sUAS innovation will be suppressed, the public economic benefits derived from increased sUAS d evelopment will be denied, and the Congressional directive to accelerate the integration of UAS into the NAS will be imp eded
. The sUAS p hys ical and operational characteristics are compliant with those described in the FMRA and FAA's guidance for Sec 333 exemptions. DAS respectfully requests that the FAA grant its petition for exemption from airworthiness. Please do not h es itate to cont act Andrew McCollough, the Regulatory Services PO C, vi a ema il at exemption @skyward.io if you have any question s or concerns .

Suk Kim 

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