# ~OLSINELLI 1515Wynkoop, Suite 600, Denver, CO, 80202 • 303.572.9300

October 23, 2015



### VIAFEDEXONLY (TRACKING#7748 1418 3134) U.S. DepartmentofTransportation, Docket Operations WestBuilding Ground Floor, Room w12-140 1200NewJersey Ave., SE Washington, DC 20590 Ramsey Ammar 303-583-8229 rammar@polsinelli.com



### Re: Petition ofFlights to New Heights UAS, LLC forExemptionPursuantto Section 333 oftheFAAModernization andReformActof 2012 Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization andReformActof 2012 

### ("FMRA") and 14 C.P.R. Part 11, Flights to New Heights UAS, LLC ("The Company"), operator of Small Unmanned Aircraft Systems 

### ("sUASs") equipped to conduct videography, photography, inspection, search and rescue services, storm and emergency response (which enables utilities to cut down power-outage time and drastically improves public safety), training, and other aerial data collection services in the utilities industry, among other industries 

### ("Uses"), hereby applies for an exemption from the below listed Federal Aviation Administration Regulations 

### ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conductedwithin and under the conditions outlined herein, in accord with the enclosed Company Operations Manual 

### ("Flight Operations Manual"), in compliance with the sUAS Operator's Handbook and all manufacturers' operations and/or instructions manuals 

### ("Operator's Handbook") 1

, and in strict compliance any and all rules, regulations, and practices as may be established by the Federal AviationAdministration ("FAA")for the operationofa sUAS.

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary information that The Company has not and will not share with others. Petitioner submits the Flight Operations Manual and Operator's Handbook and all information containedtherein as proprietary and confidential information pursuant to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator's Handbook contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of InformationAct, 5 U.S.C. § 552 etseq. polsinelli.com Atlanta St. Louis Chicago Dallas Washington, DC Polsinelli PC, Polsinelli LLP in California Denver Wilmington Kansas City Los Angeles Nashville New York Phoenix San FranciscoUS Department ofTransportation October23, 2015 Page2



# ILEGAL AUTHORITY AND OVERVIEW

1. LegalandRegulatoryFramework The FMRA provides that ''the Secretary ofTransportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system

..." prior to final completion ofthe required Reform Actplan andthe subsequentrule-making. § 333(a). Inmakingthis determination, the Secretary ofTransportation shall determine, at aminimum- (1) Which types ofunmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line of sight do not create a hazard to users ofthe national airspace system orthe public orpose athreatto national security; and ···· ··· ·· · (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required for the operation ofunmanned aircraft systems identifiedunderparagraph (1). §333(b) (1)-(2). Finally, §333 provides that "[i]fthe Secretary determines underthis sectionthat certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system." §333(c). The FAA has promulgated guidance for UAS users that wish to obtain a Section 333 exemption. The FAAhas recommendedthat an applicant discussthe following items: 1. The safe operation of a UAS to minimize risk to the National Airspace ("NAS"), including the operational characteristic for the type ofUAS intended for use, operating procedures, and aircraftloading information; 2. Operationalprocedures, includingpre-flightinspections, maintenance, and repair; 3. Radio Frequency ("RF") spectrum used for control ofthe UAS and associated equipment

.that is part of the UAS and whether it complies with Federal Communications Commission ("FCC") or other appropriate government oversightrequirements; 4. A description ofthe Pilot in Command ("PIC") directly responsible for the operation of the UAS, including the level ofairman certificate held, any applicable training related to the operation, and any minimumhours offlight experiencerequired bythe PIC, bothtotal flight time andthetime withthe particularUAS; 5. The medical standards and certification ofthe PIC directly responsible for the operation ofthe UAS; 6. The intended UAS operations, including how the operation would not adverselyaffect safety, orhowthey wouldprovide a level ofsafety at least equivalentto thatprovidedby the rule from which exemptionis sought;US DepartmentofTransportation October23,2015 Page3

7. The proposed maximum operating speed and altitude, and describe the minimum flight visibility and distance from clouds for their intended operations, including any potential hazards and safetymitigations associatedwiththese proposedconditions; 8. The characteristics ofthe area ofintended operation and the associated potential hazards andproximityto populated areas; 9. The proximityto airports; 10. A description ofhow the application intends to operate the UAS within visual line-ofsight ("VLOS"); 11. Any procedures to conducta preflight safetyrisk assessmentto determine thatthe UAS is in a conditionfor safe flight and thatthe planned operationcanbe completed safely; 12. To the extent the activity involves operations that have existing requirements, such as motion picture and television filming, or pipeline and power line control, how the application intendsto complywith suchregulations; and 13. The applicant's intent to obtain a Certificate ofWaiver ofAuthorization ("COA") from the FAA Air Traffic Organization. Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and §§ 44702- 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefitthe public as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). 2. TheCompanyMeets andExceeds theLegal andRegulatoryRequirements As will be shown herein, The Company meets and exceeds the stated §333 requirements as well asthe guidancepromulgatedbythe FAA. The proposed operations inthis petitionfor exemption qualify for expedited approval under §333 ofthe FMRA. Each ofthe statutory criteria and other relevant factors are satisfied. The proposed operations permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; andthat ( 4) provides an increased level ofsafetybeyondthat existing when fixed orrotor wing aircraft are usedto accomplishthe samepurpose. The Company's sUAS is the Phantom II Vision Plus, weighing 55 or fewer pounds, including payload. They operate, under normal conditions, at low speed and have the capability to hover andmove inthe vertical andhorizontalplane. The Company'sUASs will operate inline ofsight, or pursuant to the prevailing FAA regulations and guidance, and will only operate within those areas described inthe enclosed Flight Operations Manual. Given the small size ofthe sUASs involved and the restricted environment within which they will operate, the comprehensive safety and operational parameters used by The Company, and The Company's commitmentto compliance with the FAA's regulations now and into the future, this petition exemption falls within the equivalent level ofsafety that Congress desired the FAAUS Department ofTransportation October 23, 2015 Page4

to permit commercial UAS operations by exemption pending completion offormal rulemaking. Also, due to the size ofthe sUASs and the restricted area in which the sUASs will operate, approval ofthe applicationpresents no national security issue. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) providing an environmentally conscientious way ofproducing operationsrelatedto the Uses. Considering the clear direction in §333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant ofthe requested exemptions is also in the public interest. Accordingly, The Company respectfully requests the FAA grant the requested exemptionwithoutdelay. 

# IMEET Flightsto NewHeights UAS, LLC

Flights to NewHeights UAS is a Washington state limited liability company that operates Small Unmanned Aircraft Systems equipped to conduct videography, photography, inspection, search and rescue services, storm and emergency response (which enables utilities to cut down poweroutage time and drastically improves public safety), training, and other aerial data collection services inthe utilities industry, among otherindustries. The Companyworks withclients across the utility industries, including power utilities, to provide the client images, videos and data needed to support, enhance and enable utilities in making their respective grids as safe and efficient as possible. The Company's team, comprised of journeymen line-workers and certified pilots, gives utilities the most qualified crews in the industry. Additionally, The Company intends to utilize disabled and displaced utility workers in UAS technology, which will provide them a path back into the workforce, and in turn becoming a valued member of our team. The Company provides extensive experience in both safely piloting sUASs and providing videography, photography, inspections and other aerial datacollection services now andinto the future. Contactfor Flights to NewHeights UAS, LLC: Flightsto NewHeights UAS, LLC Attn: ErikBaker 11130NE 33rd Place, #120 Bellevue, W A 98004 360-550-5486 

# IPROPOSED OPERATIONS

The enclosed Manuals describe, in detail, the policies and procedures for The Company's proposed sUAS operations. To assist the FAA in its safety assessment of The Company's

### US DepartmentofTransportation October23, 2015 Page 5 

### proposed sUAS operations, below is a summary ofoperational limitations and conditions, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. The sUAS will weigh less than 55 

### pounds. 2. Flights willbe operated within line ofsightofthe Operator. 3. Maximum total flight time for each operational flight will be limited to the amount oftime the sUAS can be flown and still maintain a reserve battery power ofno less than 25%. 4. Flights will be operated at an altitude ofno more than 500 feet. Above Ground Level ("AGL"). 5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, orpeople not associated with the operation orwho have not signed a waiver in advance ofthe operation. 6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator ("Operator"). 7. The sUAS will operate only within a confined area as described in the Flight Operations Manual. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It 

### will be mandatory that all personnel who will be performing duties withinthe boundaries ofthe safety perimeterbe presentfor this briefing. 9. The Operator will have beentrained in operations ofsUAS generally and received up-to-date information on the particular sUAS to be operated as required in the FlightOperation Manual. 10. Written and/or oral permission from the**r~levant** 

### property holders will be obtained. 11. 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. 12. Ifthe sUAS loses transmission signal, the sUAS will have the capability to return to apre-determined location and land. 13. Contingency plans will be in place to 

### safely terminate flight ifthere is a loss of transmittercommunications or a loss ofGPS signal. 14. The sUAS will have the capability to abort a flight in case of unpredictedUS Department ofTransportation October23, 2015 Page6

obstacles oremergencies. 

# IREQUESTED EXEMPTIONS

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 ofthe Act, including sUASs, from its safety regulations and minimum standards whenthe Administrator decides a requested exemptionis inthepublic interest. Petitioner seeks an exemption from several interrelated provisions of 14 C.P.R. Parts 21, 45 and 91 for purposes ofconducting the Uses, and other aerial data collection services. Listed below are (1) the specific sections of 14 C.P.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety betterthanorequal to therules from which exemptionis sought. 

### A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a) and (b) Petitioner seeks an exemption from 14 C.P.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance ofairworthiness andregistration certificates as required by 14 C.F.R. Given the size and limited operating area associated with the sUAS to be utilized by the Petitioner, anexemption from Part21, SubpartH, meets the requirements ofanequivalent level ofsafetyunderPart 11 and §333 ofthe FMRA. The Federal Aviation Act and §333 ofthe FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness or registration certificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate withoutrestrictions and conditions ofthe proposed sUAS operations. EquivalentLevel ofSafety The sUAS to be operated hereunder, a Phantom Vision II Plus multi-rotor, weighs less than 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored by the Operatorpursuant to the Flight Operations Manual'srequirements, as attached. These safety enhancements, which already apply to civil aircraft operated in connection with existing operations for the uses, provide a greater degree ofsafetyto The Company's employees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application ofthese same criteriademonstratesthatthere isno crediblethreatto national securityposedbythe sUAS, due to its size, speed of operation, lack ofexplosive materials or flammable liquid fuels, andUS Department ofTransportation October 23, 2015 Page 7 inabilityto carry a substantial external load. B. 14 C.F.R. Part27 Airworthiness Standards: Normal Category Rotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification ofnormal category rotorcra:ft. To the extent The Company would otherwise require certification under Part 27, The Company seeks an exemption from Part 27's airworthiness standards for the same reasons Identified inthe exemptionrequest from 14 C.F.R. Part21, SubpartH. C. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also have the effect ofrequiring a second-class medical certificate. This provision limits private pilots to noncommercial operations. EquivalentLevel ofSafety Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring a ground crew member to have a private pilot's license rather than a commercials pilot's license to operation this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated withthe operation ofthe sUASs are so diminished from the level ofrisk associated with commercial operations contemplated by part 61 when drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the present level ofsafety achieved by 14 C.F.R. Sec. 61.113(a) and (b). In addition, in Grant of Exemption No. 11062 to Astraeus Aerial ("Astraeus"), the FAA determined that an Operator with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Additionally, as previously determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with §333. The aerial data collection conductedby The Company will be conducted in areas where access to the public is limited and controlled. As such, the operations will have no substantial impact on any third persons not involved in the production. The Company also has a policy to conduct its operations, when possible, during times when third persons not involved in the production are expected to be limited and to the extentpossible, to provide notice to affected third persons when production and operations will occur. Because The Company will operate in controlled areas and under controlled parameters, the sUAS will be flown based on visual line-of-sight at altitudes below 500' AGL. Accordingly, The Companyrequestthatthis exemptionbe granted.US Department ofTransportation October 23, 2015 Page 8

D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Petitioner seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that "[n]o person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter." Equivalent Level ofSafety The equivalent level of safety for exemptions to the aircraft marking and identification requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked on its fuselage as required by § 45.29(f). In addition, The Company is aware ofExemptionNo. 11333, which required the sUAS's markings to be "as large as practicable." The FAA has previously issued the following related exemptions to the aircraft marking requirements of § 45.23(b): ExemptionNos. 10700, 10167 and 10167A. E. 14 C.F.R. § 91.9(b)(2): CivilAircraft FlightManual in the Aircraft The Company seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) No person may operate aU.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings and placards, or any combination thereof. Giventhe physical dimensions ofthe sUAS, configuration and load capacity, the sUASs have no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacityto carry such an item onthe aircraft. Equivalent Level ofSafety The safety related purpose ofthis manual requirement canbe equally satisfiedby maintaining the sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly, The Company requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, 10700, and 11333 ("documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating.")US DepartmentofTransportation October 23, 2015 Page 9

F. 14 C.F.R. §91.7(a): CivilAircraft Airworthiness The Company seeks an exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemptionbe granted, no FAAregulatory standard will exist for determining airworthiness. Equivalent Level ofSafety The Phantom II VisionPlus has a stellar safetyrecord, demonstratingthatthe sUAS is airworthy. Further, given the size of the sUAS and the requirements contained in the Flight Operation Manual for maintenance and pre-flight safety check lists, an equivalent level of safety will be provided. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11333. G. 14 C.F.R. § 91.103: PreflightAction The Company seeks an exemption from 14 C.P.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved flight manual on board the aircraft. While the Operator will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extentthat an FAA-approvedflight manual is required onboard the aircraft. EquivalentLevel ofSafety An equivalent level of safety will be provided by following the Operator's Handbook. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoffdistance, and aircraft performance data

- before initiation of flight. The Operator's Handbook will be kept at the ground station with the operator at all times. Further, The Company will utilize all safety and manufacturer's manuals to ensure it adheres to the highest standards for safetywithinthe industry. H. 14 C.F.R. § 91.105 Flight Crew Members at Stations Petitioner seeks an exemption from 14 C.P.R. 91.105, whichprovides that "eachrequired flight crewmember shall be atthe crewmember station

...keep the safetybeltfastened

... [and] keep his orher shoulderharness fastened while athis orher assigned duty station. Equivalent Level ofSafety In general, § 91.105 requires pilot and crewto be attheir duty stations and harnessed during flight. Petitioner seeks exemption from Section 91.105 because the sUAS inthe instantpetition is by definition anunmanned aircraft, having neitherpilotnor crew so as to be stationed or harnessed as required by the regulation. Anequivalent oreven higher level ofsafety canbe provided insteadby using anunmanned aircraftcontrolledby a PIC who at all times is located atUS DepartmentofTransportation October 23,2015 Page 10

and controlsthe sUAS from the ground control system. I. 14 C.F.R. 

### §91.109(a): FlightInstruction The Company seeks an exemption from 14 C.F.R. § 91.109(a), whichprovides that "[ n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the aircraft via radio communications. EquivalentLevel ofSafety Given the size and speed ofthe sUAS, an equivalent level ofsafe training can still be performed without dual controlsbecause no pilotorpassengers are aboardthe sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See, Exemption Nos. 5778K & 9862A. The equivalent level ofsafety is providedbythe fact that neither a pilotnorpassengers will be carried in the aircraft and by the size and speed ofthe aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital communications that are paired to the sUAS, making it nearly impossible to unintentionally orintentionallyhave the control communications interrupted. The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A. J. 14 C.F.R. 

### § 91.119: Minimum SafeAltitudes Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazardto persons orproperty onthe surface," providedthat "eachperson operatingthe helicopter complies with any routes or altitudes specificallyprescribedfor helicopters bythe FAA." To provide the intended operations for the Uses, the sUAS is normally operated below 500 feet AGL. Additionally, due the nature ofthe proposed operations, the sUAS will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from people not associated withthe operation. EquivalentLevel ofSafety Compared to flight operations with rotorcraft weighing far more than the maximum 55 poundsUS DepartmentofTransportation October 23, 2015 Page 11 proposed herein, and given the lack offlammable fuel, any risk associated withthese operations is far less thanthose that presently existwith conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS, as well as the location where it is operated. As set forth in the Flight Operation Manual, the sUAS will be operated in a confined area, where buildings and people will not be exposed to operations without their pre-obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware oftheplanned flight operations as set forth inthe Flight Operation Manual. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subjectto the minimum safe altitude regulations. Finally, the successful safety record of the Phantom II Vision Plus demonstrates that the sUAS can be safely used at these lower altitudes and closer operatingenvironments. K. 14 C.F.R. §91.121: Altimeter Settings This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation ofthe departure airport or barometric pressure. An exemption is required because the sUAS does nothave a barometric altimeter, butrather a GPS altitude read out. EquivalentLevel ofSafety An equivalent level ofsafety will be achieved by following the procedures set forth inthe Flight Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the ·altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use·the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes. L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The Company requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFRconditions. Section91.151 states: (a) No person may begin 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 ofintended landing and, assuming normal cruising speed

- (1) Duringthe day, to fly afterthatfor at least 30 minutes; or (2) Atnight, to fly afterthatfor atleast45 minutes. Here, the battery powering the Phantom II Vision Plus provides approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.P.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount ofbattery life is needed. Petitioner will not be conducting any sUAS flights atUS Department ofTransportation October 23, 2015 Page 12 night. EquivalentLevel ofSafety An equivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation ofthe sUAS with less than 30 minutes ofreserve fuel does not include the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS, and the proximity ofthe flight operationto the landing zone. This request for exemption falls within the scope ofprior exemptions, including ExemptionNos. 10673, 2689F, 5745, 10673, 10808 and 11333. M. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

- The Company seeks an exemption from civil aircraft certification and registration requirements of14 C.F.R. § 91.203(a) and (b). The regulation states in pertinentpart: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under § 91.715 is displayed atthe cabin or cockpit entrance so that itis legible to passengers or crew. An exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew for whomthe certificates needto be displayed. EquivalentLevel ofSafety To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the Operatorwill have immediate access to them. The FAA has issued numerous exemptions to this regulation, including: ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.US DepartmentofTransportation October23, 2015 Page 13

M. 14 C.F.R. § 91.405(a), 91.407(a)(l),91.409(a)(l), 91.409(a)(2); 91.417(a) and (b): MaintenanceInspections The Company also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required ions

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, whichthe sUAS will nothave. EquivalentLevel ofSafety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Operator's Handbook as referenced in the Flight Operation Manual. Asprovided inthe FlightOperationManual, the operator will ensurethatthe sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenanceperformed. The operatoris thepersonmostfamiliar withthe aircraft andbest suited tomaintainthe aircraft in anairworthy conditiontoprovidethe equivalentlevel ofsafety. If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. 

# IPUBLIC INTEREST

Granting The Company's exemption furthers the public interest on numerous levels. National policy set by Congress favors early integration ofUAS into the national airspace in controlled, safe working environments such as those propose in this petition. In addition, maintaining industrial safetyhas been a priority ofstate and local governments for decades.
The Company also believes that the use ofsUASs for the Uses serves a valuable public interest and addresses a common public concern: safety. The use of sUAS's in a controlled and safe manner, as described herein. In addition, inthe event ofan unforeseen incident, a sUAS causes far less disruptionthantraditional aircraft. In addition, conducting the Uses with the sUAS, instead of manned aircraft, meets another common public concern in the noise and pollution caused by traditional aircraft. The use ofa sUAS significantly reduces the levels of air and noise pollution generated during traditional operations related to the Uses. By using battery power and electric motors, the sUAS produces no airpollution, and is the mostviable environmentallyconscious alternative to piston orturbine powered rotorcraft. The sUAS, while reducing the carbon footprint ofthe utility industry, also eliminates noise pollution as its battery powered electric motors are barely audible during theUS Department ofTransportation October23, 2015 Page 14

take-offphase, and cannotbe heardwhenoperatingmore than 100 feet above ground level. Byusing the sUAS to performthe Uses, the substantial riskto life andproperty in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack ofaircrew members located onboard the aircraft, the minimal size and weight ofa sUAS creates less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraftthattypically conductthe Uses. Relatedly, the sUAS contains no reactive orcombustible materials onboard and thus thepotential for fire orexplosions is greatly diminished. In addition, granting the exception will help advance the knowledge base for conducting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similaroperationsrelate to the Uses. The UAS in question is very lightweight and does notcarry any flammable fuel, further reducingthe risk from anypotential accident. 

# IPRIVACY

All ofthe proposed flights andvideography will be only conducted after obtaining any individual subject matter's permission. All flights will occur over public right-of-way or private property withthe property owner's prior consent and knowledge. The proposed operations will notimpact privacy concerns beyond those already implicated by manned aircraft aerial data collection operations. 

# IFEDERAL REGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublicationis needed: Flights forNewHeights UAS, LLC seeks an exemptionfrom the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 45.27 (a); 14 C.F.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.9(c); 14 CFR 91.103; 14 CFR 91.105; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(l); 14 CFR 91.409(a)(1)and (2); 14 CFR91.417 (a) & (b). Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") to conduct the Uses will enhance safety by reducing risk to The Company, the general public andproperty owners. The Phantom II VisionPlus sUAS, weighing less than 55 pounds, withpayload, andpoweredby batteries, eliminates virtually all ofthatrisk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not flown from an external location to the work-site. The sUAS will carry no passengers or crew and,• US DepartmentofTransportation October23, 2015 Page 15
therefore, will not expose themto the risks associated withmanned aircraft flights. The operation ofthis small UAS will provide an equivalent level ofsafety, supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than conventional operationsrelated to the Uses are conducted with fixed wing aircraftor helicopters. 

### ICONCLUSION

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security-provides more than adequatejustificationfor the grant ofthe requested exemptions to permit The Company to operate sUASs in support ofthe Uses and aerial data collection operations in accordance with the Flight Operation and Operator's Handbook appended hereto. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) providing an environmentally conscientious way ofproducing operations for the Uses. Sincerely,

Ramsey Ammar Ends: Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) sUAS Operator's Handbook (CONFIDENTIAL- NOT FORPUBLIC RELEASE) Exhibits-- Phantom II Vision Plus Manufacturer's Safety and Use Guides