# ~OLSINELLI 1515 Wynkoop, Suite 600, Denver, CO, 80202 • 303.572.9300 ; i _-·-**~** i !

August 7, 2015

VIA FEDEXONLY (TRACKING#774239095500) U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Ave., SE Washington, DC 20590 Ramsey**~Ammar** ..**303-582~8229)** ' rammar@polsinelli.com

Re: Petition of5KOAEnterprisesforExemption Pursuantto Section 333 ofthe 

### FAA Modernization andReformActof 2012 Dear Sir or Madam: ...f.:_·_--

Pursuantto Section 333 ofthe 

### FAAModernization andReformActof 2012 ("FMRA") and 14 C.F.R. Part 11, 5KOA Enterprises, LLC d/b/a aerial 51UAV ("5KOA Enterprises"), operator of Small UnmannedAircraft Systems ("sUASs") equippedto conduct operations within avariety of industry and business applications which include aerial photography and/or video for public and/or private use, including real estate (as-built, development, planning, insunince), architecture, land surveying, agriculture, forestry, wildlife preservation, engineering and other related professional activities; aerial photography and/or video (including live video feeds) for public and/or private use including television, promotional events, public events, corporate events, sporting events, cinematography and news gathering; aerial inspections/photography of residential/commercial structures (as-built, or while being constructed), under contract with the property owners and/or developers or local government authorities; aerial inspections/photography ofresidential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers; aerial photography and/or video, or providing live video feed to assist with search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract or donation; training to persons (individually, or belonging to both private and/or public organizations) that have interests in the use and application ofa UAS for the purpose ofthe safe operation ofa UAS; as well as other aerial data collection services (the Uses"), hereby applies for an exemption from the below listed Federal Aviation Administration Regulations ("F ARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein, in accord with the enclosed 5KOA Enterprises Operations

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 FranciscrUS Department ofTransportation August 7, 2015 Page2 Manual ("Flight Operations Manual"), in compliance withthe 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 operation ofa sUAS. 

### ILEGAL AUTHORITY AND OVERVIEW

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______ • --""'-""'. 1. Legal and Regulatory Framework 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 oftherequired Reform Actplan andthe subsequentrule-making. § 333(a). Inmakingthis determination, the Secretary ofTransportation shall determine, at aminimum

- (1) Which types ofunmanned aircraft systems, if any, 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 under this section that 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 FAAhas promulgated guidance for UAS users that wish to obtain a Section 333 exemption. The FAAhas recommendedthat an applicant discuss the 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 aircraft loading information; 2. Operationalprocedures, includingpre-flight inspections, 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") orother 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 experience requiredby the PIC, bothtotal flighttime andthe time withthe particularUAS;

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary information that F4D Studio has not and will not share with others. Petitioner submits the Flight Operations Manual and Operator's Handbook and all information contained therein 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.US DepartmentofTransportation August 7, 2015 Page 3 5. The medical standards and certification ofthe PIC directly responsible for the operation oftheUAS; 6. The intended UAS operations, including how the operation would not adversely affect safety, orhowthey wouldprovide a level ofsafety at least equivalentto thatprovidedby the rule from which exemption is sought; 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 associated withtheseproposedconditions; 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. Anyprocedures tq conduct apreflight safety risk assessmentto determine thatthe UAS is ina condition for safe flight andthatthe 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 applicationintendsto complywith suchregulations; and 13. The applicant's intent to obtain a Certificate ofWaiver ofAuthorization ("COA") from the FAAAirTraffic 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) wouldbenefitthe 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.P.R. § 11.81 (petitions for exemption). 2. 5KOAEnterprises Meets and Exceeds the Legal and Regulatory Requirements As will be shown herein, 5KOA Enterprises meets and exceeds the stated §333 requirements as well as the guidance promulgated by the FAA. The proposed operations in this petition for exemption qualifyfor expedited approval under §333 ofthe FMRA. Each ofthe statutory criteria and otherrelevantfactors 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 whenfixed orrotor wing aircraft are usedto accomplishthe same purpose. 5KOA Enterprises' sUAS is a Spreading Wings S1000, weighing 55 or fewer pounds, including payload. They operate, under normal conditions, at low speed and have the capability to hover and move in the vertical and horizontal plane. 5KOA Enterprises' UASs will operate in line of sight, or pursuant to the prevailing FAA regulations and guidance, and will only operate within those areas described inthe enclosedFlight Operations Manual.US Department ofTransportation August 7, 2015 Page4 Given the small size ofthe sUASs involved and the restricted environment within which they will operate, the comprehensive safety and operational parameters used by 5KOA Enterprises, and 5KOA Enterprises' commitment to compliance withthe FAA'sregulations now and into the future, this petition exemption falls within the equivalent level of safety that Congress desired the FAA to permit commercial UAS operations by exemption pending completion of formal rulemaking. Also, due to the size ofthe sUASs and the restricted area in which the sUASs will operate, approval ofthe applicationpresentsno 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 environmentallyconscientious way ofproducing operations relatedto 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, 5KOA Enterprises respectfully requests the FAA grant the requested exemption without delay. [MEET 5KOA Enterprises

5KOA Enterprises is a limited liability company based in Austin, Texas that operates Small Unmanned Aircraft Systems equipped to conduct the Uses. 5KOA Enterprises works with clients across many industries and provides many services, including:

• Aerial photography and/or video for public and/or private use, including real estate (asbuilt, development, planning, insurance), architecture, land surveying, agriculture, forestry, wildlifepreservation, engineering and otherrelatedprofessional activities;

• Aerial photography and/or video (including live video feeds) for public and/orprivate use including television, promotional events, public events, corporate events, sporting events, cinematography and news gathering;

• Aerial inspections/photography of residential/commercial structures (as-built, or while being constructed), under contract with the property owners and/or developers or local government authorities;

• Aerial inspections/photography ofresidential/commercial utility infrastructure including butnot limitedto electrical power lines, windturbines and cell towers;

• Aerial photography and/or video, or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities orgovernmenthas requested itby contract or donation; and

• Training to persons (individually, or belonging to both private and/or public organizations) that have interests in the use and application ofa UAS for the purpose of the safe operationofaUAS.US Department ofTransportation August 7, 2015 Page 5

The 5KOA Enterprises team has extensive experience m both safely piloting sUASs and providingthe Uses. Contact for 5KOA Enterprises: 5KOAEnterprises, LLC Attn: Alison Shuman ManagingPartner, Operations 9218 Balcones Club Dr., 1921 Austin, Texas 78750 (512) 585-4758 

### IPROPOSED OPERATIONS

The enclosed Manuals describe, in detail, the policies and procedures for 5KOA Enterprises' proposed sUAS operations. To assist the FAA in its safety assessment of 5KOA Enterprises' 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 weighless than 55 pounds. 2. Flights will be operated within line ofsight ofthe 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 withthe operation or who have not signed a waiverin 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 present for this briefing.US DepartmentofTransportation August 7, 2015 Page 6 9. The Operator will have beentrained inoperations ofsUAS generally and received up-to-date information on the particular sUAS to be operated as required in the Flight OperationManual. 10. Written and/or oral permission from the relevant 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 transmitter communications or a loss ofGPS signal. 14. The sUAS will have the capability to abort a flight m case of unpredicted obstacles or emergencies. 

# 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 arequested exemptionis inthe public interest. Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes ofconducting the Uses. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level ofsafety better than or equal to the rules from which exemption is 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.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance ofairworthiness and registration 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, an exemptionfrom Part 21, Subpart H, meets the requirements ofan equivalent level ofsafetyunder Part 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 of the 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 conditionsUS DepartmentofTransportation August 7, 2015 Page 7 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, DJI Spreading Wings S1000 multi-rotor sUAS ("DJI S1 000"), 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 bythe Operatorpursuantto the Flight Operations Manual'srequirements, as attached. These safety enhancements, which already apply to civil aircraft operated in connection with existing Uses, provide a greater degree ofsafety to 5KOA Enterprises' employees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to 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 rotorcraft. To the extent 5KOA Enterprises would otherwise require certification under Part 27, 5KOA Enterprises seeks an exemption from Part 27's airworthiness standards for the same reasons Identified inthe exemptionrequest from 14 C.F.R. Part 21, SubpartH. C. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations Petitioner seeks an additional exemption from 14 C.F.R. § 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 orpassengers, 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 contemplatedbypart 61 when drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the presentlevel ofsafety achievedby 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 wouldUS Department ofTransportation August 7, 2015 Page 8

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 conductedinaccordance with §333. The aerial data collection conducted by 5KOA Enterprises 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 inthe production. 5KOA Enterprises 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 extent possible, to provide notice to affected thirdpersons whenproduction and operations will occur. Because 5KOA Enterprises 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, 5KOAEnterprises requestthatthis exemptionbe granted. 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.P.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.P.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." EquivalentLevel 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, 5KOA Enterprises is aware ofExemption No. 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): Civil AircraftFlightManualin theAircraft 5KOA Enterprises seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) No personmay operate a U.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.US Department ofTransportation August 7, 2015 Page 9 Given thephysical 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 becausethere is simplyno room orcapacityto carry suchan item onthe aircraft. EquivalentLevel ofSafety The safetyrelatedpurpose ofthis manualrequirement canbe equally satisfiedbymaintainingthe sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly, 5KOA Enterprises 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, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11333 ("documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Stationofthe UAS anytimethe aircraft is operating.") F. 14 C.F.R. § 91.7(a): CivilAircraftAirworthiness 5KOA Enterprises seeks an exemption from 14 C.F.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 exemption be granted, no FAA regulatory standard will existfor determining airworthiness. EquivalentLevel ofSafety The DJI S1000 has 

## a stellar safety record, demonstrating that the sUAS is airworthy. Further, given the size ofthe sUAS and the requirements contained in the Flight Operation Manual for maintenance andpre-flight safety check lists, an equivalentlevel ofsafety 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 5KOA Enterprises seeks an exemption from 14 C.F.R. § 91.103, whichrequires 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 informationnecessaryto safely conductthe flight, an exemption is requested to the extentthat an FAA-approved flight manual is required onboardthe 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 takeoff distance, and aircraft performance data

- before initiation of flight. The Operator's Handbook will be kept at the ground station withthe operator at all times. Further, 5KOAEnterprises will utilize all safety and manufacturer's manuals to ensure it adheresUS DepartmentofTransportation August 7, 2015 Page 10

to the highest standards for safetywithinthe industry. H. 14 C.F.R. § 91.105 Flight CrewMembers at Stations Petitioner seeks anexemptionfrom 14 C.F.R. 91.105, whichprovidesthat "eachrequiredflight crewmember shall be atthe crewmember station

...keep the safetybeltfastened

... [and] keep his orher shoulderharness fastened while athis orher assigned duty station. EquivalentLevel ofSafety In general, 

### § 91.105 requires pilotand crewto be attheir duty stations and harnessed during flight. Petitioner seeks exemptionfrom Section 91.105 becausethe sUAS inthe instantpetition is by definition an unmanned aircraft, having neitherpilotnor crew so as to be stationed or harnessed as requiredbythe regulation. Anequivalent or evenhigherlevel ofsafety canbe providedinsteadbyusing anunmanned aircraft controlledby a PIC who at all times is located at and controls the sUASfromthe ground control system. I. 14 C.F.R. § 91.109(a): Flight Instruction 5KOA Enterprises seeks an exemption from 14 C.F.R. § 91.109(a), which provides 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 controls because no pilot orpassengers 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, ExemptionNos. 5778K & 9862A. The equivalent level ofsafety is providedbythe fact thatneither apilotnorpassengers will be carried inthe 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 impossibleto unintentionally or intentionally havethe 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 notUS Department ofTransportation August 7, 2015 Page 11 operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.P.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 hazard to persons orproperty onthe surface," providedthat "eachperson operatingthe helicopter complies with any routes or altitudes specifically prescribed for helicopters bythe FAA." To provide the intended Uses, the sUAS is normally operatedbelow 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 pounds proposed herein, and giventhe lack offlammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved giventhe 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 setforth inthe Flight Operation Manual. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJI S1000 demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments. 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 abarometric altimeter, butrather a GPS altitude read out. EquivalentLevel ofSafety An equivalent level ofsafety will be achieved by following the procedures set forth in the 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 operationat safe altitudes. L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 5KOA Enterprises requests an exemption from 14 C.P.R. § 91.151(a)'s fuel requirements for flight inVFRconditions. Section 91.151 states:US DepartmentofTransportation August 7, 2015 Page 12 (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 atleast 30 minutes; or (2) Atnight, to fly afterthat for at least45 minutes. Here, the battery powering the DJI S1000 provides approximately 15 minutes ofpowered flight. To meet the 30 minutes reserve requirement in 14 C.F.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 of battery life is needed. Petitionerwill notbe conducting any sUAS flights at night. EquivalentLevel ofSafety An equivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit time bythe sUAS. All flights will beplanned to be terminated withno 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 withless than 30 minutes ofreserve fuel does not include the type ofrisksthat 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

**wit~in** 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 5KOA Enterprises seeks an exemption from civil aircraft certification and registration requirements of14 C.F.R. § 91.203(a) and (b). Theregulation states inpertinentpart: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has withinitthe 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 cockpitentrance so thatitis 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 couldbe displayed; and (3) there are no passengers orcrewfor whomthe certificates needto bedisplayed.US DepartmentofTransportation August 7, 2015 Page 13 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 Operator willhave immediate access to them. The FAAhas issuednumerous exemptionsto this regulation, including: ExemptionNos. 9565, 9665,9789, 9789A, 9797, 9797A, 9816A, and 10700. 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): Maintenance Inspections 5KOA Enterprises also seeks an exemption from the maintenance inspection requirements contained in 14 C.P.R. § 91.405(a), 91.407(a)(l), 91.409(a)(1), 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.P.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 betweenrequired ions

...have discrepancies repaired as prescribed in part 43 ofthis 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 not have. Equivalent Level 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. As provided inthe Flight OperationManual, the operatorwill ensure thatthe sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is thepersonmost familiar withthe aircraft andbest suited to maintainthe aircraft in an airworthy conditionto provide the equivalent level 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 oftime during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. 

### IPUBLIC INTEREST

Granting 5KOAEnterprises' 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 apriority ofstate and local governments for decades. 5KOA Enterprises also believes that the use of sUASs for the Uses serves a valuable public interest and addresses a commonpublic concern: safety. The use ofsUAS's in a controlled and safe manner, as described herein. In addition, in the event ofan unforeseen incident, a sUAS causes far less disruption thantraditional aircraft.US Department ofTransportation August 7, 2015 Page 14 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 air pollution, and is the most viable environmentally conscious alternative to piston orturbine powered rotorcraft. The sUAS, while reducing the carbon footprint ofthe Uses, also eliminates noise pollution as its battery powered electric motors are barely audible during the take-off phase, and cannotbeheard when operatingmore than 1 00 feet above ground level. Byusing the sUAS to perform the Uses, the substantial riskto life and property inthe air and on the ground, which is usually associated withtraditional 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 aircraft thattypically conductthe Uses. Relatedly, the sUAS contains no reactive or combustible materials onboard andthus the potential 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 similar operations related to the Uses. The UAS in question is very light weight and does not carry any flammable fuel, further reducing the risk from anypotential accident. 

### IPRIVACY

All ofthe proposed flights and videography 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.P.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublicationis needed: 5KOAEnterprises seeks an exemption from the following rules: 14 C.P.R. Part 21, Subpart H; 14 C.P.R. Part 27; 14 C.P.R. 45.23(b); 45.27 (a); 14 C.P.R. 61.113; 14 C.P.R. 91.7(a); 14 C.P.R. 91.9(b)(2); 14 C.P.R. 91.9(c); 14 C.P.R. 91.103; 14 C.P.R. 91.105; 14 C.P.R. 91.109(a); 14 C.P.R. 91.119; 14 C.P.R. 91.121; 14 C.P.R. 91.151(a); 14 C.P.R. 91.203 (a) & (b); 14 C.P.R. 91.405(a); 14 C.P.R. 91.407(a)(l); 14 C.P.R. 91.409(a)(1)and (2); 14 C.P.R. 91.417 (a) & (b). Approval of these exemptions allowing commercial operations of small and lightweightUS DepartmentofTransportation August 7, 2015 Page 15 unmanned aircraft ("sUAS") to conduct operations related to the Uses will enhance safety by reducing riskto 5KOAEnterprises, the general public andproperty owners. The DJI S1000 sUAS, weighing less than 55 pounds, with payload, and powered by batteries, eliminates virtually all ofthat risk 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 locationto the work-site. The sUAS will carry no passengers or crew and, therefore, will not exposethemto therisks associated withmanned aircraftflights. 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 operationsrelatedto the Uses are conducted withfixed wing aircraft orhelicopters. 

### I CONCLUSION

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-providesmore than adequatejustificationfor the grant ofthe requested exemptions to permit 5KOA Enterprises to operate sUASs in support ofthe Uses in accordance withthe Flight Operation and Operator'sHandbook appendedhereto. 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 related to theUses. Sincerely,

RamseyAmmar

Encls: Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) sUAS Operator's Handbook (CONFIDENTIAL- NOTFORPUBLIC RELEASE) ExhibitA, DJI Spreading Wings S1000 UserManual ExhibitB, 14SGInstruction Manual Exhibit C, FutabaR6208sb ManualUS Department ofTransportation August 7, 2015 Page 16 ExhibitD, Ground StationWireless Data-linkUserManual ExhibitE, BTUManual; BTUProductReleaseNotes ExhibitF, Tiger Motor MT2814 Exhibit G, Checklist