6022 Farcenda Place, Suite 101 Melbourne, Florida 32940

321

- 574

- 8099 (Office)

December 31, 2015

U.S. Department of Transportation , Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave., SE

Washin gton, D.C. 20590

RE: Exemption Request

– Section 333 of the FAA Report Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

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

- 95, 126 Stat.11 (ame nding 49 U.S.C.) (hereinafter, the “Reform Act”) and 14 C.F.R. Part 11, US AERO, LLC (hereinafter, “US AERO”) , a manufacturer and operator of small unmanned aircraft
systems (singularly a “sUAS” or cumulatively “sUASs”) seeks an exemption from the Federal Aviation Regulations listed below, to al low commercial operation of sUAS aircraft

.

The Applicant hereby requests exemption from the following FARs:

• 14 C.F.R. 21, subpart H

• 14 C.F.R. 61.3 • 14 C.F.R. 61.113(a)&(b)

• 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9( b)(2) • 14 C.F.R. 91.103(b)

• 14 C.F.R. 91.105 • 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a) &(b) • 14 C.F.R. 91.203(a)& (b) • 14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417)2 **INTRODUCTION AND INTERESTS OF THE PET ITIONER** 

US AERO has for the last two years provided clients (which include private sector businesses

and non

- profits) with professional consultation in the operation of aircraft and flight systems in

the National Airspace System (NAS). The US AERO team h as experience in FAA Part 121, 135, 141, and 91 flight operations as well as FAA P art 145 maintenance operations. In addition, US AERO requires, at minimum, that all employees hold the Commercial Pilot certification, including Certified Flight Instructor credentials in both fixed and rotary

- wing aircraft.

US AERO’s comprehensive Safety Management System (SMS) and proven operations experience has provided countless hours of accident

- free services both internally and externally to the organization. Th e o bjective of US AERO and our UAS aerial operations is to provide a safe, and affordable, high

- quality aerial i nformation collection and production system for a variety of governmental, commercial, public, and residential uses, specifically targeting:

• D esig n and construction projects

• M apping, inspection and photography of landfills, mining facilities, utilities and

infrastructure , oil a nd gas facilities, agriculture

• Insurance assessment and Real

- Estate appraisals

• E ngineering inspections

• Special Event Coverag e

• Private and government training

As described more fully below, the requested exemption would permit the operation of small, unmanned sUAS under controlled condition in airspace that (a) is limited, (b) is predetermined, (c) is controlled as to access, a nd (d) would provide safety enhancements to the already safe operations in the industry. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “... establish requirements for the safe

opera tion of such aircraft systems in the national airspace system.” Reform Act 333 (c).

The name and address of the applicant (“Applicant”):

US AERO , LLC

Attn: Gregory Gosnell 6022 Farcenda Place, Suite 101 Melbourne, FL 32940

TEL: 321

- 574

- 8099

Email: greg@ usaero.us

The characteristics of the sUAS, detailed sUAS operator requirements, and sUAS operating parameters given below wi ll ensure that all US AERO s UAS operations are carried out with an equivalent or higher level of safety than currently authorized m anned aircraft operations. The details below regarding US AERO’s intended UAS applications provide clear evidence that approval of this exemption is in the public interest.U.S. Department of Transportation

– Exemption Request: Section 333

3 UNMANNED AIRCRAFT SYSTEMS The requested exemption would authorize US AERO to con duct commercial operations using the following three sUASs:

Altavian

- Nova F6500

The Altavian Nova F6500 is a fixed

- wing UAS with a maximum gross weight of approximately fifteen (15) pounds. The wingspan is 108 inches and has a fuselage length of 65 inc hes. The Nova F6500 is equipped with a single propeller driven by an electric motor powered by a Lithium Polymer (LiPo) battery. The Nova F6500 is currently operating safely within the NAS pursuant to over fifteen (15) Certificates of Authorization (“COA ”) granted by the Federal Aviation Administration (“FAA”) to various business entities within the United States of

America. The UAS is equipped with an on

- board GPS and an inertial measurement unit for flight stabilization and automatic failsafe return to station in case of a lost control signal.

DJI

- Inspire 1

The DJI Inspire 1 (also known as the T600 sUAS) has a maximum gross weight of approximately 6.5 lb

., a variable diagonal distance of approximately 559x581 mm , a maximum speed of approximately 22 m/ s and a default operating height of 120m. The DJI Inspire 1 is equipped with four main rotors and brushless electric motors ; driven by a 5700mAH Lithium Polymer (LiPo) Lithium Polymer battery. The unit is constructed primarily of composite and synthetic m aterials. The s UAS is equipped with an on

- board GPS and an inertial measurement unit for flight stabilization and automatic failsafe return to station in case of a lost control signal.

DJI

– Matrice 100

The DJI Matrice 100 has a maximum gross weight of a pproximately 7.5 lb

., a diagonal distance of approximately 650 mm , a maximum speed of approximately 22 m/ s and a default operating height of 120m. The DJI Matrice 100 is equipped with four main rotors and brushless e lectric motors; driven by a 4500mAh Lithi um Polymer (LiPo) battery. The unit is constructed primarily of composite and synthetic materials. The s UAS is equipped with an on

- board GPS and an inertial measurement unit for flight stabilization and automatic failsafe return to station in case of

a l ost control signal.

Additionally, each sUAS presented for use offer geo

- fencing and max altitude features to restrict the maximum vertical and horizontal distance the aircraft will fly from its base station. The Nova F6500, Inspire 1, and Matrice 100 offe r the added feature of displaying real time flight data, including battery status, altitude, direction, and distance from station.

The information contained in the Altavian Nova F6500, DJI Inspire 1 (T600), and DJI Matrice 100 User Manuals, (hereafter c ollectively referred to as “Manufacturer’s Operations Manuals”, support this petition for exemption

.

The safety and reliability of the Altavian Nova F6500, DJI Inspire 1 , and the DJI Matrice 100 is further supported by the fact that numerous FAA exemptio ns have previously been approved for

their use in commercial sUAS operations.4 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, The US AERO operation of the Altavian Nova F650 0, DJI Inspire 1 (T600), and DJI Matrice 100 meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Each sUAS operated by US AERO for commercial use will be r egistered in accordance with 14 C.F.R Part 47 or the pending 2016 sUAS commercial registration ruling, and will be marked in accordance with 14 C.F.R. Part 45, Subpart C or subsequent marking requirements.

All sUASs operated by US AERO will be maintained in accordance with the manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and all pertinent instructions in the user manuals. Repairs, component changes, and software/firmware updat es will be recorded in the sUAS maintenance log. Maintenance log entries will include the date, sUAS ID number, registration number, current sUAS flight time, a description of work performed, and the name and signature of the individual who complete d the work. Any s UAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight, prior to use in any commercial operations. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. The PIC who conducts the functional test flight must make an appropriate entry in the aircraft records. A pre

- flight inspection of t he sUAS will be completed by the PIC prior to each flight operation as specified in the US AERO sUAS Flight Operations Manual . If the inspection reveals a condition that affects the safe operation of the s UAS, the aircraft is removed from service and proh ibited from operating until the necessary maintenance has been performed and

the UAS is found to be in a condition f or safe flight. All US AERO sUASs will comply with all applicable manufacturer safety alerts and bulletins.

s UAS OPERATOR REQUIREMENTS

In order to ensure a level of safety equal or greater than currently authorized operations using manned aircraft, all operations will be subject to the strict operating requirements defined in the

US AERO’s Flight Operations Manual and Preflight Checklist (U S AERO will provide these documents if required, but requests that the FAA treat them as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket).

All US AER O s UAS operators will hold at least an FAA issued C ommercial P ilot certificate or Airline Transport Pilot c ertificate and will have successfully completed a formal UAS Flight Training Program. Completion of the US AERO’s s UAS Flight Training Program will meet this requirement and ensure safe operations by not allowing an y PIC to operate a sUAS unless that PIC has demonstrated, that he/she is able to safely operate the sUAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicl es and structures. All operators will either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at least five (5) hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation s with the approved aircraft types.U.S. Department of Transportation

– Exemption Request: Section 333

5 In order to act as PIC, all US AERO sUAS operators will hold a current FAA issued commercial pilot certificate or Airline Transport Pilot Certificate and hold a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal
government.

The individual acting as PIC of a sUAS will be identified prior to any flight and will not change

once the flight has begun. The PIC i s the individual in operational control of the flight from beginning to end and is responsible for safe flight of the sUAS. All PIC flight hours used to demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR §61.51(b).

s UAS OPERATING PARAMETERS

In order to provide for a level of safety equivalent or greater than operations conducted using

manned aircraft, all US AERO commercial sUAS operations will be conducted in accordance with the following specific operating limitat ions:

**UAS operations will be conducted pursuant to specific operating limitations.**  In seeking this exemption, US AERO proposes to commercially operate approved sUASs for the

spec ific purpose of conducting aerial video and imaging over certain areas of Un ited States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft and/or fixed

- wing UAS weighing less than 55 pounds maximum gross weight

. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and p hotography.

3. The UAS may not be flown at an indica ted airspeed exceeding 5 0 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in

feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- iss ued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and6 PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond a ssisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations cont ained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determin es that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the s UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the

s UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the s UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be pro perly documented in the aircraft records.

11. Any s UAS that has undergone maintenance or alterations that affect the s UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the s UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in theU.S. Department of Transportation

– Exemption Request: Section 333

7 aircraft records, including total time in service, description of work accomplis hed, and the signature of the authorized person returning the s UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the cor rective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at minimum a current

third

- class medical certificate.

18. The operator may not permit any PIC to operate the sU AS unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the s UAS in

a manner consistent with how the s UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining a ppropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of t he exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. s UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological c onditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical mi les of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 sta tute miles from the PIC.

22. If the UA loses communications or loses its GPS s ignal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abo rt the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.8 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at nor mal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requi rements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47 or the 2016 commercial operations registration ruling , and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectr um used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

t he PIC at the Ground Control Station of the s UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official

upon request.

29. The UA must remain clear and yield the right of way to all manne d aviation operations and activities at all times.

30. The s UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO , operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must

ensure t hat nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near ves sels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undu e hazard, and;U.S. Department of Transportation

– Exemption Request: Section 333

9 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

33. Any incident, accident, or flight operation that transgresses the later al or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

BASIS FOR PETITION AND PUBLIC INTEREST

The requested exemption would allow US AERO to operate the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 in a means, which will provide a safe, and affordable, high

- quality aerial information collection and production system for a variety of governmental, commercial, public, and residential uses.

The use of unmanned aircraft systems (UAS) for commercial purposes allows the user to execute dangerous or difficult tasks more safely and efficiently; thus increasing the potential for rapid information gathering, cost savings , and most importantly, extend ing and/ or saving life

. Timely

and accurate aerial inspection will increase the reliability of public systems and ease of use for

overall public utilization.

Current methods of providing aerial imagery and mapping services involves the use of manned

aircr aft systems; these aircraft create risks to personnel both in the air and on the ground. The use of manned aircraft systems also creates secondary risks through noise and fuel pollution. In addition, t he use of ladders and lifts to obtain aerial images p oses other risks , both resulting in

documented accidents and injuries on an annual basis. In most cases, use of a sUAS is quicker

and more feasible than any other alternative and often yields more accurate and reliable

information. s UAS have virtually no limitations, with the ability carry out such work in hazardous conditions, darkness, extreme heat /cold and a host of other environments that may pose significant risks to manned aircraft and/or personnel.

Due to their small size and the fact they carry no fuel, all models presented within this request pose a very low risk of damage to persons or structures on the ground. In addition, due to the electric propulsion systems, they create no harmful emissions and produce less than 75dB of

noise

. The adoptio n of sUAS use will allow US AERO to provide the same level of service as manned aircraft services in the agricultural, environmental, and scientific industries while reducing cost, reducing pollution, and reducing the likelihood of accident and/or serious injury.10 REGULATIONS REQUIRING EXEMPTION

US AERO, LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the Altavian Nova F6500, DJI Inspire 1, and the DJI Matrice 100 sUAS:

14 C.F.R. Part 21, Subpart H; Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedur al requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS, its lightweight , and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of a irworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Secti on 333 of the Reform Act 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 sUAS invol ved. An analysis of these

different criteria demonstrates that the sUAS operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional

aircraft with an airworthiness c ertificate.

14 C.F.R. § 61.3; Requirements for certificates, ratings and authorizations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot c ertificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is ope rated within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) al lows a private pilot to

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; (2) The aircraft does not carry passengers or property for compensation or hi re.

Given the size, weight, speed, operational limitations, and range of the sUAS, US AERO

proposes that operators of the approved s UAS s should not be required to hold a commercial pilot certification. Instead, operators should be required to:

Hold at le ast an FAA issued private, recreational, or sport pilot certificate. All operators will

either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the Altavian Nova F6500, DJI Inspire 1 (T600), and DJI Matrice 100.U.S. Department of Transportation

– Exemption Request: Section 333

11 14 C.F.R. § 61.113(a) And (b) ; Private pilot privileges and limitations: Pilot in command.

US AERO sub mits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the approved UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, tha t the PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering US AERO’s proposed area of ope rations, and the operating limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the approved UAS, US AERO submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for US AERO’s specific proposed flight operations.

The FAA has previously granted r elief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156 , 11158, 11159, 11160, 11161).

US AERO will not allow any PIC to operate the approved UASs unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or an approved flight training

curriculum , that the PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. (ref. Exemption No. 11138)

Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft or fixed

- wing pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exem ption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in complian ce with applicable regulations will ensure an equivalent level of safety during US AERO’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

• In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 6 1.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot

with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS p ilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to12 be inclusive rather than additive; i.e. 5 hours make and model time may be included

in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

The FAA find s that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight exper ience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

building flights can also be conducted under the grant of exemption to accomplish the required flight time. During train ing, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14

C.F.R 91.119.

14 C.F.R. § **91.7(a) ; Civil Aircraft Airworthiness**  The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, US AERO will ensure that the UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations

herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

14 C.F.R. § 91.9; Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. US AERO proposes to provide an equivalent level of safety by maintaining a copy of all documents used by the operator to ensure the safe operation and flight

of the s UAS as well as documentation of an exemption and COA with the ground control st ation

and accessible to the PIC during flight operations.

14 C.F.R. § 91.103; Preflight action This regulation requires that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. Thi s information must include

runway lengths at airports of intended use, and the following takeoff and landing distance

information. This regulation is not applicable due to the fact US AERO sUAS operations will not

occur at an airfield. To provide an equiv alent level of safety, the PIC will complete a preflight inspection as directed by the manufacturer’s manuals and US AERO’s sUAS Flight Operations

Manual before any flight.

14 C.F.R § 91.105; Flight Crewmembers at Stations The regulation states that requi red crewmembers must be at their stations in the aircraft during specific portions of a flight. This is not applicable since the sUAS carry no crewmembers. An equivalent level of safety will be maintained by ensuring that the PIC is identified prior to an y flight and that the PIC does not change during a flight. The PIC will maintain operational control

of the s UAS for the duration of the flight.U.S. Department of Transportation

– Exemption Request: Section 333

13 14 C. F.R. § 91.109(a) & 91.319(a)(1); Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." An equivalent level of safety will be achieved through US AERO ’s sUAS flight training program and conducting flight training within control led environments as outlined within the Operating parameters of this

document.

14 CFR § 91.119; Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, v ehicle, or structure. Since the UA will be operating at a

maximum of 4 00 feet AGL, these operations cannot comply with this requirement. An equivalent level of safety will be achieved given the size, weight and speed of the sUAS. Additionally the sUAS wi ll be operated in a defined and relatively small AOI. Moreover, the

sUAS will not be operated over any open

- air assembly of persons or over any person not

involved with the operation. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

14 C.F.R. § **91.121 ; Altimeter Settings**  The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the approved UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with US AERO’s operation of the UAS s within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude i nitiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

14 C.F.R. § **91.151 (a)&**  **(b) ; Fuel Requirements for Flight in VFR Conditions**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the approved UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, US A ERO will ensure that it will safely operate each battery powered UAS during daylight hours in VFR conditions, with enough battery power to fly for a total

duration allowing for 25% of battery power in reserve.

The limitations on the proposed flight ope rations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as each approved UAS provide s audible and visual warnings

to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring

at predetermined points applicable to the UAS type. Each approved UAS will have the capability to descend and land automatically in the e vent of low battery indication

.14 Significan tly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to ope rate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those p resented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

14 C.F.R. § 91.203 (a) & (b); Carrying Civil Aircraft Ce rtification and Registration This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate. • No person may operate a civil aircraft unless the airworthiness certificate re quired by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203

, US AERO proposes to
maintain a copy of all documents used by the operator to ensure the safe operation and flight of

the sUAS as well as documentation of an exemption and COA with the ground control station

and all documents pertinent to the operation wi ll be available to the Administrator or any law enforcement official upon request.

14 C.F.R. § **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)** In seeking this exemption, US AERO submits that the equivalent level of safety with regard t o the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because US AERO will use trained technicians to perform maintenance, alterations, or preventive maintenance on the s UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., US

AERO’s Flight Operations Manual

, Maintenance Log , and Manufactures Instruction Manual). Furthermore, US AERO will document and maintain al l maintenance records for each approved

s UAS.

Since each approved s UAS will be inspected as prescribed by the operating documents, US

AERO will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.4 09(a)(2). Li kewise, the exemption sought will not adversely affect safety

because US A ERO will use trained technicians to perform maintenance, alterations or preventive

maintenance on the s UAS using the methods, techniques, and practices prescribed by the operating do cuments.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the approved s UAS will be performed by trained technicians. Maintenance will be d ocumented and m aintained utilizing the maintenance log.U.S. Department of Transportation

– Exemption Request: Section 333

15 Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of US AERO’s proposed operating limitations, the operating documents, and the technical aspects of the approved s UAS s , US AERO submits that safety will not b e adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those p resented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**The FAA May Prescribe Any Other Conditions For Safe Operation.**

In accordanc e with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, US AERO requests that the FAA prescribe special conditions for the intended operation of the approved s UASs , which contain such saf ety standards that the Administrator finds necessary to establish a level of safety eq uivalent to that established by 14 C.F.R. 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103(b), 91.105, 91.109(a), 91.119, 91.121, 91.151 (a)&(b), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), 91.417(a)&(b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and imaging over certain

areas of the United States for c ompensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the approved UASs , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the fol lowing:

• If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft e ngine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as th e FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for US AERO’s in tended operation of the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by16 14 C.F.R. 21, subpart H , 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103(b), 91.105, 91.109(a), 91.119, 91.121, 91.151(a)&(b), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), 91.417(a)&(b).

**A summary that can be published i n The Federal Register**  **, stating: The Rules From Which US AERO, LLC**  **Seeks Exemption:**

US AERO, LLC seeks exemption from the requirements of 14 C.F.R. 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103 (b), 91.105, 91.109(a),
91.119, 91.121, 91.151 (a)&(b), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), 91.417(a)&(b).

**A brief description o f The Nature Of The Exemption**  **US AERO, LLC seeks :** 

This exemption will permit US AERO, LLC to commercially operate an Unmanned Aircraft System (U AS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**Any additional information, views, or arguments available to s upport**  US AERO’s **r equest.** 

This Petition is made pursuant to the FAA Modernization and R eform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, US AERO, LLC’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, US AERO, LLC will operate the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 UAS s safely in the NAS, without creating a hazard to users of

the NAS, or the public, or otherwise pose a threat to national security.

**CONCLUSION** As set forth herein, US AERO, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 UAS s commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. B y granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing US AE RO,

LLC to safely, efficiently, and economicall y operate the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 UAS s commercially within the NAS.U.S. Department of Transportation

– Exemption Request: Section 333

17 **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, US AERO, LLC r espectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103(b), 91.105, 91.109(a), 91.119, 91.121, 91.151(a)&(b), 91. 203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), 91.417(a)&(b), and permit US AERO, LLC to operate the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 UAS s commercially for the purpose of conducting aerial video and photography over certain areas of the United States. US AERO, LLC believes that considering the small size and weight of the sUAS, along with the sUAS PIC training and certification requirements stipulated above and the strict operating guidelines proposed herein, it is clearly demonstrated that the sUAS will be operated safely in the national air space (NAS) with an equivalent or greater level of safety compared to manned aircraft.

Dated: December 31 , 2015

Respectfully submitted,

US AERO, LLC Gregory Gosnell

Fou nder | President

321

- 574

- 8099 (OFFICE) greg@usaero.us