U.S . Department of Transportation May 29, 2015 Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590



## Griffi n Aerial

, LLC
Section 333 Petition to Operate Small Unmanned Aerial Systems

Prepared by:

Reed Frick

CEO Griffi n Aeri al

, LLC

182 W Rock Ave New Haven, CT 06515

978

- 994

- 5448 reed.frick@gmail.comPetition Summary:

Pu rsuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112

- 95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption authority under 49 U. S.C. section 44701(f), Griffin Aerial, LLC (“Petitioner”) hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14

C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)

- (b), 91.103(b)(1), 91.119(c), 91.121, 91 .151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)

- (b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety

r equirements Congress has set forth in Section 333.

Petitioner is an aerial service and technology company that plans to exploit the capabilities of

Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Remote sensing

- Telecommunic ations

- Agriculture

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrolling

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidan ce required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of comm ercial UAS operations.

The Petitioner Requests Relief From the Following: Section 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property f or compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include

— (a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cann ot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for whic h an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, oth er reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Section 91.119 prescribes that, except when necessary for t akeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over a ny congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 5 00 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter comp lies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Section 91.121 requir es, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

Section 91.151(a) p rescribes that 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 of intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. [emphasis added]

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribe d in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any p erson from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) pres cribes, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 10 0

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include

— (i) A description (or reference t o data acceptable to the Administrator) of the work performed;

and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to

service. (2) Records containing the fol lowing information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of a ll items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft a nd its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive inv olves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is perf ormed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with

the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

The Petitioner has s upplied the Following Additional Information:

DJI S900 Pilot Operating Hand book (POH) and S900 User Manual (linked as file is too large to submit online): http://www.dji.com/product/spreading

- wings

- s900/download

DJI S1000 Pilot Operating Handb ook (POH) and S1000 User Manual 3D Robotics Iris + Operation Manual and Flight Checklist

3D Robotics X8

- M Op eration Manual and Flight Check list

3D Robotics Aero

- M Operation Manual found here (linked as file is too large to submit online) : http://3drobotics.com/wp

- content/uploads/2015/04/AeroM

- Operation

- Manual

- v3.pdfUnmanned Aircraft System s requested to operate under this request:

DJ I S900

DJI S1000

3D Robotics Iris +

3D Robotics X8

- M

3D Robotics Aero

- M

The petitioner states that the unmanned aircraft (UA) to b e operated under this request are less than 55 lbs. fully loaded, fly at a speed of no more than 50 knots, carry neither a pi lot nor

passenger, carry no explosive materials or flam mable liquid fuels, and operate exclusively within

a secured area as set out in the POH s

.

The S900 is a six

- rotor manufactured by DJI. The VTOL hexarotor

- type design has six motors, GPS, full autonom ous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety features built into the design of the UAS, as described in the POH, to ensure the safety of persons and property within and surrounding the limit ed operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA will have the capability to return to a pre

- determined location within the Security Perimeter and land. It will also have the capa bility to abort a flight in the event of unpredicted obstacles or emergencies.

The S10 00 is an eight

- rotor m anufactured by DJI. The VTOL octarotor

- type design has eight motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground contr ol. In addition, the craft has integrated safety features built into the design of the UAS, as described in the POH, to ensure the safety of persons and property within and surrounding the limited operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA will have the capability to return to a pre

- determined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted obstacle s or emergencies.

The Iris + is a four

- rotor manufactured by 3D Robotics. The VTOL quadrotor

- type design has four motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety featu res built into the design of the UAS, as described in the POH, to ensure the safety of persons and property within and surrounding the limited operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signa l, the UA will have the capability to return to a pre

- determined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies.

The X8

- M is a four

- rotor manufacture d by 3D Robotics. The VTOL quadrotor

- type design has eight motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety features built into the design of the UAS, as described

in th e POH, to ensure the safety of persons and property within and surrounding the limited operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA will have the capability to return to a pre

- de termined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event ofunpredicted obstacles or emergencies.

The Aero

- M is a single motor fixed wing manufactured by 3D Robotics. The fixed wing has one motor, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety features built into the design of the UAS, as described in the POH, to ensure the safety of persons and property within a nd surrounding the limited operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA will have the capability to return to a pre

- determined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies.

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in ac cordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.

Pre

- flight Inspection, Maintenance Before each flight the PIC will perform a series of pre

- flight and takeoff checks as defined by the POH supplied. After each 60 minute s of airtime, the craft will undergo a thorough inspection of all aircraft components, including, but not limited to:

a. Actuators / Servos b. Motors, wiring and connectors c. Propellers, smooth, no chips d. Electronic speed controller, wiring and connecto rs e. Batteries, wiring and connectors

f. Remote command and control g. Ground control station

UAS Operating Parameters The petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in daytime VFR flight conditions a nd all operations will be conducted with the assistance of a second spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL. Altitude is accurately measured by GPS. The petitioner further states that an operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation, and UAS will be kept at least 100’ from any inhabited structure. Generally the petitioner’s UAS will be operated in rural or suburban areas that will permit sign ificantly larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to describe intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic Organization (“ATO”) issued Certif icate of Waiver or Authorization (“COA”) prior to conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not

less than 48 hours prior to the operation

.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hanglid ers). Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

- towered airport unless a letter of agreement with that airport’s management is obtained and the operation is conducted in accordance with a

Notice to Airmen (“NOTAM”).Pilot in Command (PIC) The pilot in command will be Griffi n Aerial’s CEO, Reed Frick . Mr. Frick received his airman’s

Private C ertificate in 2007 , n umber 3239456

, and has logged over 70 hours in single engine

aircraft. He is a holder of a valid driver’s license, CT L icense number 058 791058, E xpiring

05/19/2017

. In addition to PIC experience in manned aircraft, Mr. Frick has approximately 12 years of experience with R/C fixed wing and rotor wing aircraft.

Re garding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply

with the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically,

the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will also

account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitig ated by the PIC’s and VO’s ability to see other air traffic and initiate a

return

- to

- home sequence if needed.

Radio Frequencies Radio frequencies used will be those allotted by the FCC for data transmission and vehicle control in unlicensed frequency band s. All devices used will comply with FCC usage and emissions regulations.

Safety and Benefits of the UAS The petitioner will be using the UAS in a variety of applications that generally require expensive

full

- size manned aircraft to complete. Small, light , unmanned aerial vehicles offer a myriad of

benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Petitioner’s requested exemptions, the FAA will help drive development of saf e and successful commercial UAS operations and will advance the public knowledge base for such operations. Petitioner is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UA S operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition.

Conclusion For the foregoing reasons, the exemptions requested herein should be granted and Petitioner should be permitted to c onduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA.