October 27, 2015

U.S. Departm ent of Transportation Docket Managem ent System 1200 New Jersey Avenue SE Washington, DC 20590
**RE: Exemption Request Section 333 of the FAA Reform Act Eureka Prospecting Supplies**  **Ken Walls Founder**  **(775) 846 -** **6357 eurekaprospect@gmail.com** 

Dear Sir or Madam : This petition is being submitted on our behalf with consulting services by the UAV Pilots Union

. Pursuant to Section 333 of the FAA Modernization and ReformAct of 2012 (the Reform Act), and 14 C.F.R. Part 11, Eureka Prospecting Supplies , dig ita l production com pany, hereby applies for an exem ption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unm anned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Adm inistration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as m ay be established by the FAA as required by Section 333. The requested exemption would permit Eureka Prospecting Supplies to pursue its commercial interests in providing services to clients using a small advanced s UAV in the following areas:

• Real Estate

• Marketing

• Surveying

• Industrial

• Special Events

• Local and National Natural and Man Made Disaster Rescue Eureka Prospecting Supplies states that all sUAS flights will occur over private or controlled access property will do so with the property owner's consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where videography will take pl ace.Additionally, Eureka Prospecting Supplies sUAS pilots have over one and a

half years UAS flight experience. All observers will attend a training and certification course to insure the safety and observance of all FAA Laws, Rules, Guidelines and stipulations. At this training they will trained understand the proper roles of an observer, communication procedures, proper visual scan techniques, operations at non

-towered airports and emergency procedures.
Regulations from which exemption is requested:
14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b) (2) 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. 91.401

- 91.417(a) & (b)
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

. Eureka Prospecting Supplies requests an exemption from the following regulations as well as any additional regulations that m ay technically apply to the operation of the sUAV System: 14 CFR Part 21,Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the OJI Inspire 1 under either, or both, of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a ) Research and development. Te sting new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of theregulations. Since the experimental certificate can be used for commercial

purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent l evel of safety outlined in the previous paragraph.
**14 CFR**  **45.23 Display**  **of marks;**  **general and**  **45.29 Size**  **of marks**  The regulation requires: Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot

. station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch letterin g will be impossible. The word "Experimental" will be placed on the fuselage in compl iance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental."
**14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations.**  Sections 61.113 (a) 

### & (b) limit private pilots to non

-commercial operations. 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 PIC operating the aircraft to operate under the supervision of a private pilot's license holder rather than a commercial pilot's license holder. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled andrestricted, and all flights are planned and coordinated in advance as set forth in

the GOM. The level of safety provided by the requirements included in the GOM exceed that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The ri sks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot in a supervisory role aiding the PIG exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) 

### & (b). 14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too ., small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anyti me the aircraft is in, or preparing for, flight.
14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. The regulation states "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground

- based control station consists of a hand

- held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands

-on" the controls during flight, this technique meets the intent 91.109 and provides an equivalent level of safety. 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and

# I careful pre

- planned has been performed. The aircraft will be operated at a

low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore, we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.
**CFR 91.121**  **Altimeter settings.**  The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 **NM** of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.
**14 CFR**  **91.151 Fuel**  **requirements for**  **flight in**  **VFR conditions.** 

i

. The regulation provides that no person may begin a flight in an airplane
Junder day

- vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the m aximum duration of flight from a single battery charge is 1 5 minutes with a 3 0% reserve. Since the aircraft will never fly more than 1 NM from the , point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".
**14 CFR**  **91.203(a) &**  **(b) Civil**  **aircraft: Certifications**  **required.** The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the ca bin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of under 6.5 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an eq uivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of14 CFR 45.23.

**14 CFR**  **Subpart E**  **91.401 -**  **91.417 -**  **Maintenance, Preventive**  **Maintenance, Alterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43. 7" after maintenance and inspection. It is our intention that the PIC perform maintenance and ins pection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenan ce performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on - board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety. All preflight checks will be signed, dated and retained and available at the request of the FAA.

Unmanned Aircraft System
sUAVs are often seen as superior to helicopters as a n aerial video gathering platform due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. Eureka Prospecting Supplies is petitioning for an exemption to operate one UAS Manufacture: DJI Name: Phantom 3Pro Model Number: P3P We ight: 2.82 Lbs. Battery Name I Model: Intelligent Flight Battery P3P Battery Capacity: 4880 mAh The DJI Phantom 3 Professional features a built

- in stabilized HD camera and GPS safety features which limit its ability to limit the height it flies above ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from operations within designated Class B, C and O airspace including a no

-fly zone feature. DJI Phantom 3 Professional also has a failsafe function that is triggered in the event communication i s lost between thesUAS and the main controller transmitter and secondary controller. At that

time, the sUAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land manually.
The DJI Phantom 3 Pro Remote Control: Name I Model Number: P3 Operating Frequency: 2.400

-2.483 GHz Battery: 6000 mAh LiPo 2S The DJI Phantom 3 Professional owners manual is available on the DJI We bsite: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_U ser_Manual_v1.4_en_0915.pdf The specifications of the DJI Phantom 3 Professional meet with the Mode l Aircraft Operating Standards as set below: 

### 1 ; • The petitioner will only operate its sUAS in line

-of

-sight of a pilot and/or observer and will operate at sites that are 'sufficient distance' from populated areas within the sterile area described in the FOP M. Such operations will ensure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• Wh en flying the sUAS within three (3) miles of an airport, airport operators will be notified and the operator will give th e right

-of

-way to avoid flying in the proximity of full

-scale aircraft

• Maximum flight time for each operation will be 30 minutes.

• Flights will be terminated when battery levels reach 25%, allowi ng sufficient reserve flight time to safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more than 200 feet above an elevated platform from which videography is planned.

• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer.

• The sUAS PIC will be an experience sUAS pilot

• The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens, and stabilized gimbal ).

• The sUAS will operate at speeds of no more tha n 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which it will operate, Eureka Prospecting Supplies' operations adhere to the Reform Act's safety requirements.The fact the pilots have over one and a half years of experience

flying sUAS's dem o nstrates Eureka Prospecting Supplies' high regard for safe operations with an understanding of FARs, pre

-flight inspections, knowledge of operations and differences in airspace classifications, maintenance and repair, as well as being trained to high safety standards. By providing this exemption Eureka Prospecting Supplies will serve the public interest by providing natural and man made disaster search and recovery services at the request of local and national emergency responders at no fee for as long as required by any such disaster. Furthermore , providing this exception will allow Eure ka Prospecting Supplies to provide utility inspection se rvices that pose a danger to utility workers. Under the requested exemption, Eureka Prospecting Supplies ensures all operators have completed sUAS education and training programs including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weath er factors; Airmanship and Decision

- making and Safe Operations Procedures. Werespectively request exemption under Section 333 to enable Eureka Prospecting Supplies to operate efficient, limited, low

- risk commercial sUAS operations for the activities stated respecting at all times the space and privacy of citizens and property while keeping airspace safe.

Kenneth Walls Eureka Prospecting Supplies 1 17748 Fiesta Ct. Reno, Nevada 89508 (775) 846

-6357