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June 18, 2015 United States Department of Transportation Federal Aviation Administration Docket Management System 1200 New Jersey

Avenue, NE Washington, DC 20590 Filed in www.regulations.gov Re: Petition for Exemption of Aerial Scouts Inc. under Section 333 of the FAA Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11 Aerial Scouts Inc. ("Aerial Scouts") hereb y seeks an exemption from certain Federal Aviation Regulations enumerated below, as authorized by S ection 333 of the FAA Modernization and Reform Act (“Section 333”), Subsection 44701(f) of the Federal Aviation Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to allow Aerial Scouts to operate the DJI Phantom 3 Professional, DJIM atrice 100, 3DRobotics X8, and 3DRobotics Spektre to provide:

 Aerial sensor data collection
 Aerial survey, inspection, and photogrammetry
 Aerial photography services Except in three respects, as explained below, Aerial Scouts will comply with the same conditions and limitations as provided in numerous Section 333 exemptions granted recently. Accordingly, we respectfully ask the FAA to grant this petition in summary f ashion, and obviate Federal Register publication and public comment. Aerial Scouts is a Seattle

-based, UAS Service Company

. Aerial Scouts delivers a diverse product offering of aerial photography, 3D imaging, and data collection to the construction, inspection, and real estate industries. Providing information that will save our clients time and money in a safe manner is the company goal. U sing UAS technology is at the core of our business plan as the information we can provide is either currently unobtainable or requires low flying manned aircraft or employees to put themselves in life

-threatening situations. **The name**  **of the**  **applicant** is Aerial Scouts LLC. The primary c ontact is Mr. Brian Holl, 1116 23 rd Ave E, Seattle, WA 98112. Telephone is 425

- 749

- 6300. His email is brian@aerialscouts.net and Aerial Scouts’ web address is www.aerialscouts.net.Aerial Scouts Petition for Exemption

June 18 , 2015 Page 2 of 7
**Exemptions requested** 14 C.F.R. Part 21 (airworthiness certification) 14 C.F.R. Part 27 (normal category rotorcraft) 14 C.F.R. 61.113 (a) and (b) (pilot certification and qualification) 14 C.F.R. 91.7(a) (airworthiness) 14 C.F.R. 91.119(b) and (c) (minimum safe altitudes) 14 C.F.R. 91.151(a) and (b) (fuel requirements in VFR conditions) 14 C.F.R. 91.405 (a) and (b) (maintenance) 14 C.F.R. 91.407(a)(1) (approval for return to service) 14 C.F.R. 91.409(a) (annual and airworthiness certification inspection) 14 C.F.R. 91.417(a) and (b) (maintenance records) **Safety equivalence or no adverse effect on safety Unmanned Aerial Vehicle**  **s and System** **s** The DJI and 3DR flight controllers , the common control platforms in the listed devices, have a number of technological capabilities to demonstrate their airworthiness. In the event of a loss of GPS signal, the UAS will lock in its position and automatically go to ATTImode and remain stable. Loss of connection to the remote control transmitter (or software navigation controller) causes the vehicle to immediately achieve a preset altitude, and then return to its home point and land in a controlled way

. All of the UASs intended for use contain a power storage monitoring system and fail

- safe modes to force controlled landing before the power supply drops below operational levels. Should there be a loss of power, the UAVs are designed to perform a vertical hard landing with propellers providing stabilizing resistance during des cent. If the UAV encounters an unexpected obstacle, the pilot will either divert the flight or maintain the UAV in a safe hover position away from the obstacle. Given its small size, operational capabilities, and restricted area in which the UASs will op erate, an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.F.R. 91.7(a), is warranted, as Aerial Scouts’ UASs satisfy the equivalent level of safety as compared with manned aircraft and meet the criteria in section 333. Operating these UAVs without an airworthiness certificate in the restricted environment over private property under the conditions proposed will be safer than operating a manned helicopter operating with an airworthiness certificate and not subject to such conditions. Each UAV (with payload) is less than 55 pounds , carry no explosive materials or flammable liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10:Aerial Scouts Petition for Exemption

June 18 , 2015 Page 3 of 7

The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot and crew during an incident or acc ident is eliminated with the use of a UAS for the aerial operations. For the reasons outlined above, Aerial Scouts also seeks an exemption from the certification requirements for normal category rotorcraft in Part 27. In support of Aerial Scouts' request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), Aerial Scouts will adhere to the following inspection and maintenance program: Aerial Scouts will inspect the UAS before and after each operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth in its operations manual. B efore each flight, the pilot in command will inspect the UAS to ensure it is in a safe condition for flight. The preflight inspection will account for any discrepancy, such as an inoperable component, item, or equipment. Aerial Scouts will not initiate a flight if the inspection reveals a condition that adversely affects the safety

of operations, and will not operate that UAS until it is found to be in a safe condition. Any UAS that has undergone maintenance or an alteration that affects the UAS’s operation or flight characteristics will undergo a functional flight test before return to service. Aerial Scouts will follow the manufacturers’ UAS requirements relating to components, maintenance, overhaul, replacement, inspection and life limits. Aerial Scouts will record all maintenance, alterations, and the functional flight test in the UAS logbook, including total flight hours, description of work accomplished, and the signature of the UAS technician who returned the UAS to service. 1 Aerial Scouts ’ UASs are equipped with an altimeter that provides the pilot with real

-time telemetry data in addition to a constant digital display o f altitude, speed, and UAS proximity

. Moreover, the UASs will be operated within the visual line of sight of the pilot in command and observer and below 400 feet AGL

. In addition, the flight controllers are programmed not to allow the aircraft to exceed the 400 feet ceiling, even if the pilot command input is in

- conflict, or if communication with the remote control transmitter fails. Accordingly, Aerial Scouts does not believe an exemption from 14 C.F.R. 91.121 is required. Insupport of Aerial Scouts’ request for an exemption from fuel requirements in 14 C.F.R. 91.151(a) and (b), we note that its UAS is battery

-powered and is operated for brief periods of time, within the battery

capacity of the UAS. The remote control transmitter/receiver combinations will work within the 2. 4 GHz and 5.8 Ghz FCC

- approved ranges.

1 We believe the manufacturer manuals of each UAS included in this petition have been provided to the FAA in connection with previous petitions. Aerial Scout will provide any manual upon request of the FAA.Aerial Scouts Petition for Exemption

June 18 , 2015 Page 4 of 7

**UAV and UAS Operator Qualifications and Training**  Insupport of Aerial Scouts' request for an exemption from the pilot certification and qualifications requirements in 14 C.F.R. 61.113(a) and (a), Aerial Scouts asserts that an equivalent level of safety i s achieved by

the UAS

- specific experience of its pilots

. E ach Aerial Scouts pilot, before conducting a commercial operation under the requested exemption, will have successfully completed an aeronautical knowledge test, performed at least 20 takeoffs and landings of the particular UAV, and flown the particular UAV for at least 10 hours. Aerial Scouts recognizes the FAA’s position that section 333 does not allow the FAA to waive the requirement of a UAS operator to hold an airman certificate, relying on section 44711. Section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAS operator from any certification requirement. Section 333 instructs the FAA to consider whether to require airworthiness certificates, certificates of waiver, and certificates of authorization, “at a minimum .” Thus, Congress vested FAA with discretion to waive certificate requirements other than an airworthiness certificate, including an airman and medical certificates. Even if the pilot certification requirement is not waived, FAA has exemption authority under section 44701(f) to exempt UAS operators from the particular requirements of Parts 61 and 67

– such as the requirement to conduct flight training on bo ard an aircraft

– and develop airman certification requirements specifically designed for small UAS operations. Applying manned aircraft pilot certification requirements to small UASs is not necessary as a matter of safety, and does not make sense as a matter of public policy

. Aerial Scouts believes that FAA’s determination in the Astraeus Aerial and other exemptions that a pilot certificate is not required for the operators of UASs for flight over private property with permission from the owner and with proper notification of all on ground participants c set forth below (emphasis added), applies equally to the nature of its UAS operations: [T]he experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

-specific flight cycles, flight time, and specific make and model experience , culminating in verification through testing. Aerial Scouts believes this reasoning supports a UAV/UAS

- focused training and experience regimen that should obviate not only a commercial pi lot certificate but also a private pilot certificate because any training will be focused on the particular skills of operating the particular small UAS and the particular nature of UAS operations. Aerial Scouts notes that the FAA has proposed in its sUAS Notice of Proposed Rulemaking that a small UAS operator would be required to successfully complete an aeronautical knowledgeAerial Scouts Petition for Exemption

June 18 , 2015 Page 5 of 7

test, but would not be required to obtain a commercial or private pilot certificate. Also, medical certification would be obviated by a p ilot’s self

- certification before flight that the pilot is physically and mentally fit to operate the UAS. Accordingly, the FAA should grant appropriate exemption relief and revise the standard term on PIC certification to permit Aerial Scouts to use pilots who have successfully completed commercial UAS training and have also gained flying experience using the aforementioned UAS's. Inthe event the FAA does not grant such relief, however, Aerial Scouts will employ a suitably certificated private pilot. **UAV and UAS Operating Parameters** Aerial Scouts will operate its UAS s in full compliance with the applicable manufacturer manual. Aerial Scouts' ty

pical flight will be operated under 400 feet AGL and within 2 km of the operator. All flights will b e conducted within the visual line of sight of the pilot in command, within noncontrolled airspace, with the consent of any property owner and/or developer. Although the UAS may

b e operated in a metropolitan area, it will be controlled and monitored only by authorized personnel, and be flown below 400 feet AGL, except in rare occasions where a client has a building over 400 ft. tall and we are flying in unnavigable airspace close to the building or an organization requires data from higher altitudes, or where the terrain below would require extreme maneuvers to comply with the altitude restriction. However, in such rare cases, appropriate pre - flight site surveys would be undertaken (where possible) to minimize any risk of collision or any

negative impact with any aircraft operations in that airspace, and in any event all such operations would be within the visual line of sight of the operator. For any operations over 400 feet AGL, Aerial Scouts will coordinate with Air Traffic Control and obtain a Certificate of Authorization if required. Thus, these rare and brief operations at an altitude over 400 feet AGL will pose no risk to manned aircraft. Accordingly, Aerial Scouts requests that the standard term on altitude be revised to permit Aerial Scouts to operate its UASs higher than 400 feet AGL when authorized by Air Traffic Control. Aerial Scouts will also notify the appropriate Flight Standards District Office “(“FSDO”) and Air Traffic Control for any operation within five miles of an airport. Aerial Scouts will conduct a briefing before each day ’s operations, which all personnel participating in the operations must attend. Aerial Scouts will obtain written consent of any person who will be participating in the operations or otherwise be on the private property where operations are to take place. Aerial Scouts will provide notice to any adjacent buildings or structures. Aerial Scouts will limit its operations to day time Visual Flight Rules (“VFR”). Aerial Scouts seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of persons, and subsection (c), that an aircraft must remain at least 500 feet above any person orAerial Scouts Petition for Exemption

June 18 , 2015 Page 6 of 7

structure in an area other than populated or congested, and not closer than 500 feet to any person, vehicle, or structure. These requirements were adopted with fixed

-wing, manned aircraft operations in mind. While Aerial Scouts may operate its UASs in a metropolitan area, the operations will be carefully pre -planned to minimize risk to persons or property, avoid intrusion into unauthorized airspace, and avoid a public annoyance. Its UASs will not be operated over a highly- congested area or open air assembly of persons. Aerial Sc outs will make every reasonable effort to ensure that no unauthorized person will be on the land over which the UASs will be operated, and will provide notice to adjacent buildings and furnish proctors as may

b e necessary

to ensure that unauthorized persons do not come within the narrow parameters in which the UASs will be operated. C ombined with the technological capabilities of the UASs and that the UASs will be operated within the visual line of sight of the pilot and an observer, Aerial Scouts submits that its operational limitations provides an equivalent level of safety to that provided in section 91.119. **Public interest** Aerial Scouts' UA S operations will substantially b enefit public and private organizations which have an interest in gathering critic al information

– atmospheric, situational, etc.

– to support their operations. Depending on the use

- case, these scenarios may include:

 the gathering of sensor data to document to provide real

-time awareness of potential hazards present in an operational area,  traffic or construction monitoring,
 ecological, agricultural, or land management surveying ,  infrastructure surveying, inspection, and improvement Operating UAS s under the limitations proposed by Aerial Scouts will avoid any risk of harm to pilots as well as persons and people on the ground that would be present during the operation of manned aircraft

. UA S operations will also require a much smaller energy f ootprint than with manned aircraft

. **Operations limited to the United States** Under the requested exemption, Aerial Scouts will operate its UASs within the United States , including over the territorial waters of the United States, and over the high seas provided it will remain within the U.S.

- controlled Flight Information Region

. **Summary for Federal Register**  Should the FAA determine that publication of a summary is required, Aerial Scouts submits the following summary

to be included in the Federal Register:Aerial Scouts Petition for Exemption

June 18 , 2015 Page 7 of 7

Aerial Scouts seeks an exemption to operate the DJIPhantom 3 Professional, DJIMatrice 100, 3DR X8, and 3DR Spektre unmanned aircraft systems to perform aerial data collection and inspection and survey services. Sincerely,

Brian Holl