Original 01/2 1 /2015 Page 1

January 21 , 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Petition under Section 333 of the FAA Modernization & Reform Act

, and

Title 14 Part 11 of the Code of Federal Regulations (CFR)

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113 , 61.133

14 CFR 91.9, 91.119

, 91.121

, 91.151

14 CFR 91 Subpart E ( 91 .40 5, 91.407, 91.409, 91.417)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniza tion & Reform Act and 14 C.F.R. Part 11,

Galaxy UAV Systems ( Galaxy)

, a subsidiary of Galaxy Aviation Inc., a Part 145 FAA

Certified Repair Station (FAA Air Agency # 5GXR127C), hereby applies for the grant of

exemption from certain Federal Aviation Regul ations for Universeye Penguin

Unmanned Aircraft ( Penguin) manufactured by Finwing Technology of China

. The requested exemption would support an application for a commercial Certifica te of

Authorization (COA) to use the Penguin to support agriculture and aerial survey ing

missions utilizing geographic referenced mapping system

. The Penguin consists of a lightweight ( 5 lb) battery operated fixed wing aircraft, a

computer based ground control station (GCS)

, onboard cameras and assoc iated

communications equipment.

The Penguin Unmanned Aircraft has previously demonstrated to have successfully met

the safety and operational requirements resulting in approval of a COA by FAA

authorizing a major university in Texas to operate it.

The aircraft carries an onbo ard geo graphic referenced camera that allows it to perform

precision photogrammetry and crop scouting at the resolutions necessary for precision

agriculture. This high

- resolution data can direct variable seeding rates as well as the

precise application of fertilizer and chemicals reducing their use. This data helps

farmers to maximize yields while reducing costs and impacts to the environment. By

appro ving the exemption, the UAS will create benefits to both agriculture and the

environment which are ultimate ly in the public interest.

The aircraft will be operated in the field wi th both a Pilot in Command and a Visual

Observer in accordance with FAA order 8900. 1 Volume 16 " Unmanned Aircraft

Systems " with the following additional restrictions:Original 01/2 1 /2015 Page 2

- All operatio ns will occur in Class G airspace at no more than 400' AGL

- Operations will be operated over private property with the permission of the land

owner

- When necessary, applicable permits will be acquired from local authorities

- The aircraft will not be operated over urban or populated areas

- The aircraft will not be operated at air shows or over an open

- air assembly of people

- The aircraft will not be operated over heavily trafficked roads

- The aircraft will not be operated within 5 NM of an airport or heliport

- Operations will be limited to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at

all time

- While the aircraft is airborne, the VO will be positioned within voice d istance to the PIC

- When necessary and applicable, Galaxy will file a NOTAM providing radial/DME,

radius, and a date/time group for each operation

- The PIC and VO will meet the requirements outlined in FAA Order 8900. 1 Volume 16

“Airmen Certification”.

Additionally, PIC and VO will complete initial training course of maintenance

instruction s . Due to the simplicity of the system, we do not anticipate the need for a

supplemental pilot.

F or certain complex operations, Galaxy may assign one or two sensor/ software

operators ne ar the GCS to process aerial maps utilizing separate computers and

photogrammetry software

. We submit that the combination of ;

- Our demonstrated knowledge of Aviation Safety and FARs via our parent company

( Galaxy Aviation Inc. FA A Part 145 CRS # 5GXR127C ),

- Penguin UAV’s lig ht weight and historically demonstrated safe operation and approval

of COA

- fully qualified flight crew

- restricted operation s under the guidelines established in FAA Order 8900. 1

, the FAA can have co nfidence that Galaxy’s UAS the operation s will have an

equivalent or greater level of safety of manned aircraft performing the same mission.

We are prepared to modify or amend any part of this request to satisfy the need for an

equivalent level of safety. Additional documents supporting this petition will be

submitted following this request.

We look forward to working with your office. Please contact us at any time if you require

additional information or clarification.

Respectfully,

Bryan Archer

President

Galaxy UAV Systems (a subsidiary of Galaxy Aviation Inc.)

6215 Kirby Lane

, Frisco, Texas 75035

Tel : 469

- 766

- 0420

Email: bryan.archer@galaxyuav.comOriginal 01/2 1 /2015 Page 3 

## TABLE OF CONTENTS

NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .......................Page 4

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GALAXY

SEEKS EXEMPTION.

.............................................................................. ....................Page 4

THE EXTENT OF RELIEF GALAXY SEEK S AND THE REASON S

GALAXY SEEKS THE RELIEF

.......................................... ........................... . Pages 4 to 8

THE REASONS WHY GRANTING GALAXY’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ..................................................

........................... . Page 9

THE REASONS WHY GRANTING GALAXY THE EXEMPTION WOULD

NOT ADVERSELY AFFECT SAFETY .......................................

.............................. Page 10

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........

. Page 11

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT GALAXY’S R EQUEST...

.............. .................... Page s 12 to 14

ACR ONYMS...............................................................

......... Page s 15 to 16Original 01/2 1 /2015 Page 4

NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER

Galaxy UAV Systems

Attn: Bryan Archer

6215 Kirby Lane

Frisco, Texas 75035

Tel : 469

- 766

- 0420

Email: bryan.archer@galaxyuav.com

THE SPECIFIC SECTIONS OF 1 4 CFR TO BE RELIEVED FROM

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119

, 91.121

, 91.151

14 CFR 91 Subpart E ( 91 .405, 91.407, 91.409, 91.417)

THE EXTENT OF RELIEF GALAXY SEEKS AND THE REASONS GALAXY SEEKS

THE RELIEF

14CFR Part 21.191 Experimental Certificates

This regulation establishes the procedures for the issuance of an airworthiness

certificate. While the FAA continues to work to develop airworthiness standards for

UAS, we request an experimental certificate be issued for the Penguin under either or

both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new airc raft 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 an d reliability requirements of the regulations.

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 fact that the aircraft weighs only 5

pounds and is constructed primarily out o f foam, we propose that the Penguin 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 a n exemption of 14 CFR Part 21, Subpart H, and the requirement for anOriginal 01/2 1 /2015 Page 5

airworthiness certificate in general, citing the equivalent level of safety outlined in the

previous paragraph

.

14 CFR Part 45.23 Display of Marks & 45.29 Size of Marks

These regulatio ns provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft must

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance

to the cabin, c ockp it, or pilot station. The 5 pound Penguin does not have an entrance

in which the word "EXPERIMENTAL" can be placed, and may not have a registration

number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the wor d

"EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the

vicinity of the aircraft while it is preparing for launch will be able to see the designation.

If FAA assigns a registration number for the UA, we request that we will display

registration “N” number on the aircraft by using proportionately sized letters for the

Penguin’s size.

Additionally, we feel that the permanent placard discussed in the previous paragraph

will provide the aircraft's registration information should it be found on the ground.

Finally, we will display at the ground station a high contrast flag or banner that contains

the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since

the aircraft will operate within 1/2 mile of the ground station, the banner should be

visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in command and

61.133 Commercial pilot privileges and limitations

Part 61.133 provides;

“ A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

— (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the

applicable parts of this chap ter that apply to the operation.”

Since there are currently no means available for the pilot of a UAS to gain the

experience in an equivalent category and class in order to apply for a commercial pilot's

license, we propose to generate an equivalent level of safety by requiring our pilots

meet the qualification described by the order 8900.1 volume 16 chapter 4.

Our proposed operations meet the requirements of 8900.1 volume 16 Chapter 4

Section 1 Airman Certification (16

- 4

- 1

- 3

- B) subpart (5). It states ;

"Operations without a pilot certificate may be allowed when all of the following

conditions are met:" ( conditions “a” through “g” )

Condition (a) states that the PIC is required to complete "FAA private pilot ground

instruction" and pass "the FAA Pri vate Pilot written examination or FAA

- recognized

equivalents".Original 01/2 1 /2015 Page 6

Since our operations will meet all the conditions listed , we propose to comply in

accordance with the FAA order 8900.1 ( 16

- 4

- 1

- 3

- B

- 5 : “a” through “g” ). We believe

and request that equivalent safety can be achieved by having our pilots complete

,

(1) FAA private pilot ground instruction

, and pass the FAA p rivate p ilot written

examination

, and

(2) hold a Student Pilot Certificate along with current Third Class medical certificate,

and complete log ging minimum 5 hours of dual flight instruction time with Certified

Flight Instructor.

If relief from part 61.133 by means of FAA Order (16

- 4

- 1

- 3

- B

- 5 ) is not appropriate, we

subsequently request the exemption from 61.113.

Part 61.113 provides that no person that holds a private pilot certificate may act as pilot

in command of an aircraft for compensation or hire. Subparagraph (b) allows a privat e pilot to act as pilot in command of an aircraft in connection with any business or

employment if;

(1) flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire

.

Since the aircraft cannot carry passengers or property, we request to be relieved from

this regulation if our pilots at minimum,

(1) hold at least a current private pilot certificate and,

(2) hold a current third class medical certificate.

By meeting conditions (1) and (2), we believe that equivalent level of safety can be

achieved by complying with 61.113 Subparagraph (b) even though the intent of this

application is to conduct a business.

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 operati ng 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.

To obtain an equivalent level of safety and meet the intent of 91.9, we pro pose that

a current, approved Airplane Flight Manual must be available to the crew at the

ground station anytime the a ircraft is in, or preparing for flight.Original 01/2 1 /2015 Page 7

14 CFR 91.119 Minimum safe altitudes: General

.

Th is regulation provides that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the

aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this

require ment.

To provide an equivalent level of safety we will only fly over private property with the

permission of the land owner. The land owner will be briefed of the expected route of

flight and the associated risks to persons and property on the ground. We maintain that

due to the small size of the Penguin , the hazard to persons, vessels, vehicles, and

structures is not comparable to manned aircraft and should be considered in granting

the exemption.

The aircraft will not be operated over congested areas or over any open air assembly of

persons. The aircraft will be operated at an altitude allowing, if a mechanical system

fails, an emergency landing without undue hazard to per sons or property on the

surface.

14 CFR 9 1. 121 Altimeter Settings

The regulation provides that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 nautical miles of the aircraft.

The Penguin aircraft will fly below 400 feet AGL and will not need to maintain

hemispherical cruising altitudes in order to de

- conflict with other aircraft. As such, an

appropriate altimeter measurement presented to the pilot should be Above Ground

Level and should be based on the barometric pressure at the point of launch.

To provide an equival ent level of safety, the UAS's AGL altimeter will be set to zero on

the ground prior to every flight. Since the aircraft will fly no more than 60 minutes, even

rapid changes in barometric pressure will have limited effect on the safety of the flight

.

14 CFR 91.1 51 Fuel requirements for flight in VFR conditions.

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

VFR conditions unless there is enough fuel to fly to the first point of intended landing

and to fly after t hat for at least 30 minutes. We feel the intention of this paragraph is to

provide a reserve of energy as a safety buffer for go

- arounds and other delays to

landing.

The Penguin UAS is battery operated and the maximum duration of flight with full

payload, from a single battery charge is 60 minutes. Since the aircraft will never fly

more than 1/2 mile from the point of intended landing, a full battery charge at launch

and landing the aircraft with 10% charge (6 minutes) remaining will ensure that we

meet the intent of reserve energy requirement of this paragraph.

We believe that equivalent level of safety is achieved because from anywhere within 1/2

mile distance to launch/landing point during operation, 10 % charge ( 6 minutes) is mor e than enough for a few go

- arounds if necessary.Original 01/2 1 /2015 Page 8

14 CFR 91 Subpart E ( 91. 405, 91.407, 91.409, 91.417 )

Maintenance, Preventive Maintenance, and 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, VO or authorized personnel to perform maintenance and inspection of the

aircraft and "be authorized to approve the aircraft for return to service."

Due to the fact that our parent company Galaxy Aviation Inc. is a part 145 FAA certified

Repair Station ( # 5GXR127C ), our core expertise is aviation maintenance. The

resources from the Repair St ation regarding safety training, quality control, de veloping

maintenance procedures and other applicable resources , such as a certificated

repairman, are made available to our UAS operation s

.

Galaxy requests that exemptions to the regulations under condi tions below;

(1) Galaxy will develop and maintain Penguin UAS maintenance instructions by

utilizing a combination of provided Finwing Technology’s User Manual and FAA

equivalent maintenance techniques and procedures

(2) Galaxy will designate, tra in, and document the personnel who will be authorized to

perform Inspection, Maintenance and Alterations by means of above stated

maintenance instructions . Such designated personnel may include PIC, VO or FAA

equivalent trained persons, such as a FAA C ertificated Repairman

(3) To ensure equivalent level of safety, PIC will inspect the UA before each flight

looking for any structural or mechanical malfunctions, and document discrepancies

Due to the small size, light weight and simplicity of the Pe nguin UAS, we believe that

the equivalent safety will be achieved by permitting any of the PIC , VO or FAA

equivalent trained personnel, to perform maintenance

, inspection and alterations of the

aircraft and " be authorized to approve the aircraft for r eturn to service. "Original 01/2 1 /2015 Page 9

THE REASONS WHY GRANTING GALAXY’S REQUEST WOULD BE IN THE PUBLIC

INTEREST

We believe that granting our exemption request from,

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113 , 61.133

14 CFR 91.9, 91.119

, 91.121

, 91.151

14 CFR 91 Subpart E ( 91 .405, 91.407, 91.409, 91.417) , is in the public’s interest and

will benefit the public as a whole for the following reasons.

1

- According to research done by US Department of Agriculture, Precision

Agriculture in crop pr oduction helps farmers yield more crops and offers less

impact on environment by applying chemicals more efficiently. Galaxy’s

Penguin UAS offers as one of the tools to support P recision A griculture.

Penguin UAS carries an onboard geo

- referenced camera sys tem that provides

high

- resolution data to direct variable seeding rates as well as the precise

application of fertilizer and chemicals, reducing their use. This data helps farmers

maximize yields while reducing costs and impacts to the environment, which i s in

the public interest.

2

- Galaxy’s UAS operation s will contribute to a po sitive aggregate e conomic

i mpact resulting in creation of jobs both direct and indirectly. Economic

Research estimates that the UAS market will grow from $6 billion to $ 94 billion

over the next decade resulting in a new workforce development

. Because Galaxy’s operations will create new jobs such as pilots, flight operation

staff, and administrative supporting staff, it will directly impact positive economic

outcome, hence granting Galaxy’s petition will benefit the public as a whole.

3

- Congress has already proclaimed that it is in the public’s interest to integrate

Commercially flown UAS (s) into the national airspace system, hence the passing

of the FAA Modernization and Reform Act of 2012.

Granting Galaxy’s petition furthers the public ’s interest as a demonstrated

progression of integrating Unmanned Aircraft Systems into National Air Space

, thus it will benefit public as a whole

.Original 01/2 1 /2015 Page 10

THE REASONS WHY GRANTING GALAXY THE EXEMPTION WOULD

NOT ADVERSELY AFFECT SAFETY

Galaxy believe s that the grant of exemption from,

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113 , 61.133

14 CFR 91.9, 91.119

, 91.121

, 91.151

14 CFR 91 Subpart E ( 91 .40 5, 91.407, 91.409, 91.417), will not adversely affect safety

by a combination of the reasons listed below.

(a) We have stated in the above section “ THE EXTENT OF RELIEF GALAXY

SEEKS AND THE REASONS GALAXY SEEKS THE RELIEF ” on pages 4 to 8

by describing how we intend to mitigate risk and accomplish FAA equivalent and

acceptable level of safety for each 14 CFR part.

(b) As a result of Penguin unmanned aircraft’s size, weight, speed, operational

capability, proximity to airports and populated areas, operation within visual line

of sight, plus a combi nation of operational conditions and limitations, we believe

that granting Galaxy’s exemption request will not adversely affect safety.

(c) Our parent company has demonstrated, and been certified by FAA to comply

with the Part 145 FARs.

Because enjoying t he available resources from our parent company (Galaxy

Aviation Inc. FAA Part 145 CRS) provides a unique advantage to ensure aviation

safety, hence we believe that granting Galaxy will not adversely affect safety.

(d) Galaxy will develop, train and document the completion of “Human Factors “

T raining to the PIC, VO and authorized maintenance personnel.

Research data suggests that 80% of all Aviation Accidents are caused by

“Human Factors”. By requiring our flight crew and maintenance personnel to

comple te “ Human Factors T raining ” , Galaxy will further mitigate safety risk, thus

the grant will not adversely affect safety.Original 01/2 1 /2015 Page 11

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Department of Transportation

Federal Aviation Administration

Petitioner:

Galaxy UAV Systems (Subsidiary of Galaxy Aviation Inc.)

Petition of exemption from section of

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113 , 61.133

14 CFR 91.9, 91.119

, 91.121

, 91.151

14 CFR 91 Subpart E ( 91 .405, 91.407, 91.4 09, 91.417)

Description of relief sought;

Galaxy UAV Systems se eks an exemption for commercial operati on of the Penguin

u nmanned aircraft manufactured by Finwing Technology of China.

The Penguin unmanned aircraft system has an onboard georeferenced mapping

camera system capable of acquiring high resolution data.

Proposed operations will offer precise aerial surveillance to help farming, agriculture,

and other commercial industries.Original 01/2 1 /2015 Page 12

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT GALAXY’S REQUEST

Penguin Unmanned Aircraft System consists;

1

- Penguin Unmanned Aircraft made by Finwing Technology of China

2

- Pixhawk Autopilot Controller made by 3D Robotics of California , and other

onboard equipment such a s receivers, batteries, transmitters, antennas

3

- Onboard Mapping Payload

(a) Downward facing high resolution c amera

(b) Optional front facing camera to aid mission s

4

- Ground Control Station with a computer and other related communication

equipment including

(a) Manual Control link utilizing a transmitter on 2.4 Gigahertz radio frequency

(b) Data Control link utilizing GPS and Telemetry radios on 915 Megahertz radio

frequency

(FCC license not required for above radio frequencies )

5

- Qualified flight crew an d optional one or two sensor/ software operators



### 6

- Required operation manuals which are located near ground control station

( the operation manuals will be submitted following this petition request )



### Penguin UAS Specifications

Wing Span 67.7 inches

Length 48.5 inches

MTOW 5 pounds (Maximum Takeoff Weight)

Flight Time 30 to 60 minutes

Speed Range 15 k not s to 50 k no ts

Manual Control Frequency 2.4 G iga hertz

Manual Control Range Line of sight 1.5 mile

Data Control Link Frequency 915 M egahertz

Data Control Link Range Line of sight 2 mile

Launch Options Hand Launch or Conventional Runway

Land ing Options Belly Land or Conventional RunwayOriginal 01/2 1 /2015 Page 13 

## Penguin Unmanned AircraftOriginal 01/2 1 /2015 Page 14



## Sample Mapping Mission Flight Patterns

N o Privacy Issues

Galaxy’s proposed operations will create no privacy issues because the Penguin UAS

will be operating in rural areas within the boundaries of private property with the land

owner’s permission.

Galaxy will also obtain any permits or authorizations from local authorities when

necessary.Original 01/2 1 /2015 Page 15 ACRONYMS

AGL Above Ground Level

ALoS Acceptable Level of Safety

AMOC Alternative Method of Compliance

ASI Aviation Safety Inspector

ATC Air Traffic Control

ATCAA Air Traffic Control Assigned Airspace

ATS Air Traffic Service

AVS Aviation Safety

CFR Code of Federal Regulations

COA Certificate of Waiver or Authorization

CRM Crew Resource Management

CS Control Station

CRS Certified Repair Station

DCP Divert/Contingency Point

DHS Department of Homeland Security

DME Distance Measuring Equipment

DOD Department of Defense

DSA Detect, Sense, and Avoid System

FAA Federal Aviation Administration

FCC Federal Communications Commission

FA Rs F ederal Aviation Regulations

FIR Flight Information Region

FL Flight Level

FSIMS Flight Standards Information Management

System

FTP Flight Termination Point

FTS Flight Termination System

Galaxy Galaxy UAV Systems

Galaxy A subsidiary of Galaxy Aviation Inc.

G Hz Gigahertz

GCS G round Control Station

MHz Megahertz

MTOW M aximum Takeoff Weight

NAS National Airspace SystemOriginal 01/2 1 /2015 Page 16

NM Nautical Mile

N O TA M N otice To A irman

OPA Optionally Piloted Aircraft

PIC Pilot in Command

P enguin P enguin Unmanned Aircraft System

Penguin Penguin Unmanned Aircraft

R&D Research and Development

RF Radio Frequency

RM Risk Management

RNAV Area Navigation

RTB Return to Base

RVSM Reduced Vertical Separation Minimum

TAS Traffic Advisory Systems

TC Type Certificate

UA Unmanned Aircraft

UAS Unmanned Aircraft System (s)

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer