# ReedSmith
Courtney R. Bateman Direct Phone: +1 202 414 9265 Email : CBateman@reedsmith.com
June 30,2015

U.S
. Department ofTransportation Docket Management System 1200 NewJersey Avenue, SE Washington, DC 20590 Reed Smith LLP 1301 K Street, N.W. Suite 11 00 - East Tower Washington, D.C

. 20005-3373 Tel +1 202 414 9200 Fax +1 202 414 9299 reedsmith

.com

Re: Romotive Inc
.'s Request for Exemption from Certain Regulations per Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Romotive Inc. ("Romotive") hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allowbusiness use (commercial operation) ofits sUASs, 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. I. INTRODUCTION Romotive seeks to operate sUASs for research and development and related aerial data collection. In support ofits application, Romotive submits confidentially a Flight Operations Manual and Aircraft Flight Manual for the Stork sUAS. To the extent anything in this letter conflicts with the Flight Opera tions Manua l orflight manuals, those documents control. Specific Regulations for which an exemption is sought: 14 CFR 61.113 (a) 14 CFR 91.7(a) 14 CFR 91.119(b) & (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (1) & (2) 14 CFR417 (a) & (b)

NEW YORK • LONDON • HONG KONG • CHICAGO + WASHINGTON , D.C. + BEIJING • PARIS • LOS ANGELES • SAN FRANCISCO + PHILADELPHIA • SHANGHAI • PITTSBURGH + HOUSTON SINGAPORE • MUNICH • ABU DHABI • PRINCETON +NORTHERN VIRGINIA • WILMINGTON • SILICON VALLEY+ DUBAI • CENTURY CITY • RICHMOND+ ATHENS +KAZAKHSTAN US_ACTIVE-1 22638186

.1-CRBATEMA 06/30/2015 4 19 PM

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II. ROMOTIVE'S OPERATIONS DO NOT POSE SIGNIFICANT HAZARDS The sUASs utilized by Romotive are electric fixed-wing craft, weighing less than 55 lbs. including payload. They operate at a speed ofno more than 80 mph (69 knots). They will only be operated as visual line ofsight (VLOS), and remain under 400 feet above ground level (AGL). The sUASs will operate only in visual meteorological conditions, withpermission ofinvolved property owners and/or local government officials. During the proposed data collection operations, the site will be secured, and non-participants will be kept at least 500 feet away from the operation, unless barriers or structures are present that sufficiently protect non-participants from debris in the event ofan accident. Romotive has drafted, and submits confidentially, a Flight Operations Manual which discusses safety considerations, training and general operating procedures for the proposed operations. Romotive has also drafted, and submits confidentially, sUAS Aircraft Flight Manuals which set forth the specifications, inspection and setup ofthe sUASs intended for use in the proposed operations. 

### III. ROMOTIVE'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST The FAA recently issued a Grant ofExemption to FalconSkyCam for operations that are substantially similar to those proposed herein. Docket No. FAA-2014-0884 (used March 6, 2015). In issuing the Grant, the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a UAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft ofsignificantly greater proportions, carrying crew in addition to f1ammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest." Accordingly, Romotive respectfully requests that the FAA grant the requested exemption without delay.


### IV. EQUIVALENT LEVEL OF SAFETY Romotive proposes that the exemption requested herein apply to civil aircraft that have the characteristics and operate with the limitations listed herein. These limitations, as listed below, provide for at least an equivalent or even higher level ofsafety to operations under the current regulatory structure.

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These limitations and conditions to which Romotive agrees to be bound when conducting commercial operations under an FAA issued exemption include: The sUASs utilized by Romotive will weigh less than 55 lbs. Flights will be operated during daylight hours, in visual meteorological conditions, and within visual line ofsight (VLOS) ofthepilot ofthe sUAS. All operations will utilize a visual observer in addition to the operator. All flight operations will be completed prior to the sUAS reaching 10% battery power, with adequate power to land safely. As noted, non-participants will be kept at least 500 feet away from the operation, unless barriers or structures are present that sufficiently protect non-participants from debris in the event ofan accident. V. EXEMPTIONS REQUESTED
14 C.F.R. § 61.113(a) and (b): Private vs. Commercial Pilot Certificates Sections 61.113(a) and (b) prohibit non-commercially rated pilots from operating an aircraft for compensation orhire. Romotive proposes that its pilots will have at least a sport or recreational pilot's certificate, and a medical certificate. Its operations will be limited to controlled areas as reflected in Romotive's Flight Operations Manual. For the reasons set forth in the FAA's grant ofan exemption to Astraeus Aerial, Romotive does not believe a commercial pilot certificate is necessary for the operations it intends to conduct. See, e.g., In the matter ofthe petition ofAstraeus Aerial, Exemption No. 11062 (issued Sept. 25, 2014). For those reasons, Romotive requests an exemption from 14 C.F.R. § 61.113(a) and (b). 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness Section 91.7 prohibits operation ofan unairworthy aircraft, and places responsibility for airworthiness determinations on the pilot in command. The sUASs will not have an airworthiness cetiificate, and there is no FAA regulatory standard for determining airworthiness ofthe sUASs. Additionally, Romotive's operating documents set forth inspection and maintenance procedures to ensure airworthiness. Forthese reasons, and in accordance with the FAA's grant ofan exemption from 91.7 to Total Safety U.S., Inc., Romotive requests an exemption from 14 CFR. § 91.7(a). See, e.g., Inthe matter ofthe petition ofTotal Safety U.S., Inc., ExemptionNo. 11156 (issued Jan. 29, 2015)
.

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14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes 

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Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119(b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. To the extent that the structures that Romotive would be inspecting are considered to be in "congested areas," 1

### Romotive's operational procedures, and the size, weight and speed ofthe sUAS, provide an equivalent level ofsafety such that operations at lower altitudes should be allowed. As described in its Flight Operations Manual, Romotive will establish a 500-foot buffer/sterile area for its operations that will exclude personnel not associated with the operations. Romotive will also exercise additional control over the sterile area as needed, as set fmih in the Manual. Consequently, Romotive believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations in congested areas. Romotive therefore requests an exemption from 14 CFR 

### §91.119(b). Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is for sUASs that fly similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 feet AGL (or no more than 50 feet above the structure being inspected, iftaller than 400 feet), an exemption may be needed to allow such operations. The equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. As discussed above, Romotive's Flight Operations Manual provides for establishment ofa sterile area, included safety buffers of500 feet for personnel not associated with the operation. A 1 00-foot safety buffer will be in place for authorized personnel associated with the operation, unless the PIC determines a reduced buffer is essential to the current operation. Romotive therefore requests an exemption from Section 91.119(c) for all authorized personnel associated with the operation. 14 C.F.R. §91.121 Altimeter Settings 

### This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "
... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

1The FAA Office ofthe ChiefCounsel has indicated that whether an area is "congested" is determined on a case-by-case basis. See, e.g., June 18,2012, Memorandum from Rebecca B. MacPherson, Assistant ChiefCounsel for Regulations, to James E
. Gardner, Manager, Flight Standards Division, re "To what extent an operator can make a congested area uncongested."June 30,2015 Page 5

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." Flights will be safely landed when the battery falls below its nominalvoltage, should that occurprior to completion ofthe operation. The sUASs Romotive proposes to use all have a Low Battery Waming which alerts when the battery reaches pre-determined levels. This battery level would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area when the Low Battery Waming alerts. Forthese reasons, Romotive requests an exemption from 14 C
.F.R. § 91.151(a). Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808
. 14 C.F.R. §91.405(a); 407(a)(1); 409(a)(1) & (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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter
...," and others shall inspect ormaintain the aircraft in compliance with Part 43. As provided in Romotive's Flight Operations Manual, the operator will ensure that the UAS is in working orderpriorto initiating flight, perform required maintenance and inspections, and keep a log ofany maintenance performed. VI. REGULATIONS FOR WIDCH EXEMPTIONS ARE UNNECESSARY The Federal Aviation Administrationjustissued a number ofexemptions for UAS operations in filming ofmovies. In those exemptions, the agency noted that exemptions from certain regulations were not necessary, due to "the size, weight, speed and limited operating area associated with [the UASs] and its operation." Based upon theFAA's guidance, and the fact that Romotive sUASs are similar in size or smaller than those proposed bythe film-making industry, Romotive believes exemptions from the following regulations are not necessary: 14 C.F.R. Part 21 , Subpart H: Airworthiness Certificates 14 C.F.R. § 45.23 (b). Marking ofthe AircraftJune 30, 2015 Page 6

14 C.F.R. §91.7(b): Civil aircraft airworthiness. 14 C.F.R. §91.109: Flight instruction. 

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Romotive also believes that an exemption from 14 C.F.R. § 91.1 03: Preflight Action, is not necessary. This regulation requires eachpilot in command to take certain actions before flight to insure the safety offlight. An FAA approved rotorcraft flight manual 

### will not be provided for the aircraft. An equivalent level ofsafety will be provided as set forth in the operating documents submitted as part ofthis request. The FAAhas previously found that adherence to procedures contained in an applicant's operating docrnnents demonstrate compliance with § 91.103, and therefore an exemption from the regulation wasnot necessary. See, e.g., In the matter ofthe petition ofTotalSafety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015). As detailed in its operating documents, Romotive's PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffclearance distances and aircraft performance databefore initiation offlight to ensure the safety ofthe flight. Consequently, in light ofthe agency's prior finding in Total Safety U.S., Inc., Romotive does not believe an exemption from 14 C.F.R. § 91.103 is necessary. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined thatpublication is needed: Romotive Inc. seeks an exemption from the following rules: 14 C.F.R. § 61.113(a) & (b); 91.7 (a); 91.119(b) & (c); 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conductresearch and development for aerial data collection. Approval ofexemptions allowing commercial operations ofsUASs for these operations will enhance safety by reducing risk. Romotive's sUAS weighs less than 55 lbs. and is powered by batteries, eliminating virtually all risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried to the project site and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights, ground-based aerial lift (bucket truck) operations, ormanual climbing and inspection operations. The operation ofsmall UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equi valent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting Romotive from the requirements ofPart 2 1 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to the ground, and, as a result, are far safer than conventional alternatives.June 30, 2015 Page 7

Privacy 

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All flights will occur overprivate or controlled access property with the property owner's prior consent and knowledge. Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports andpopulated areas and operation within visual line ofsight and national security- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofRomotive's sUASs to conduct aerial data collection. Sincerely,



# Comm **6** Reed Smith LLP Counsel for Romotive



### · /Signed/ John McGraw John McGraw Aerospace Consulting Consultant to Romotive CRB:lsj