Reed Smith 

Courtney R. Bateman 

Direct Phone: +1 202 414 9265 

Email: CBateman@reedsmith.com 

June 30,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey 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 of the 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 ("F ARs") to allow business use (commercial operation) of its 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 of its 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 

Operations Manual or flight 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 CFR 407 (a) (1) 

14 CFR 409 (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 
June 30, 2015 

Page 2 

Reed Smith 

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 of no more than 80 mph (69 knots). They will only be operated as 

visual line of sight (VLOS), and remain under 400 feet above ground level (AGL). The sUASs will 

operate only in visual meteorological conditions, with permission of involved 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 of an 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 of the 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 of significantly 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 of safety to operations under the current regulatory 

structure. 
June 30, 2015 

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Reed Smith 

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 of sight (VLOS) ofthe pilot 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 of an 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 or hire. 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 of an 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 of the petition of Astraeus 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 of an 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 of the sUASs. Additionally, 

Romotive's operating documents set forth inspection and maintenance procedures to ensure 

airworthiness. For these reasons, and in accordance with the FAA's grant of an exemption from 91.7 

to Total Safety U.S., Inc., Romotive requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the 

matter of the petition ofTotal Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015). 
June 30,2015 

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

Reed Smith 

Section 91.119 establishes safe altitudes for operation of civil 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 of the 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 of the sUAS, provide an equivalent level of safety 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, if taller than 400 feet), an exemption 

may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as 

the location where it is operated. As discussed above, Romotive's Flight Operations Manual provides 

for establishment of a sterile area, included safety buffers of 500 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 altimeter that is set " ... to the elevation of the 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. 

1 The FAA Office of the Chief Counsel 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 Chief Counsel 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 

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

Reed Smith 

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

Flights will be safely landed when the battery falls below its nominal voltage, should that occur prior 

to completion of the 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. 

For these 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 of this 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 or maintain 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 order prior to initiating flight, perform required maintenance and inspections, and keep a log 

of any maintenance performed. 

VI. REGULATIONS FOR WIDCH EXEMPTIONS ARE UNNECESSARY 

The Federal Aviation Administration just issued a number of exemptions for UAS operations in filming 

of movies. 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 the FAA's guidance, and the fact that Romotive sUASs are similar in size or smaller than 

those proposed by the 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 Aircraft 
June 30, 2015 

Page 6 

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

14 C.F.R. §91.109: Flight instruction. 

Reed Smith 

Romotive also believes that an exemption from 14 C.F .R. § 91.1 03: Preflight Action, is not 

necessary. This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the 

aircraft. An equivalent level of safety will be provided as set forth in the operating documents 

submitted as part of this request. 

The FAA has 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 

was not necessary. See, e.g., In the matter of the petition of Total Safety 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 takeoff clearance distances and aircraft performance 

data before initiation of flight 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 that publication 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 conduct research and 

development for aerial data collection. 

Approval of exemptions allowing commercial operations of sUASs 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 of combustible 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, or manual climbing and 

inspection operations. 

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting Romotive from the requirements of Part 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 

Reed Smith 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security- provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation ofRomotive's sUASs to conduct aerial data collection. 

Sincerely, 

Comm Reed 

Counsel 

Smith 

for Romotive 

LLP 

6 

·/Signed/ 

John McGraw 

John McGraw Aerospace Consulting 

Consultant to Romotive 

CRB:lsj