James E. Mackler Member 615.251.5569 (t) 615.251.5551 (f) jmackler@fbtlaw.com March 4 , 201 6

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)
and 14 C.F.R. Part 11, UNORTH, INC , d/b/a Mota (“ MOTA ”) an operator of Small Unmanned
Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Regulations
("FARs") to operate an unmanned aircraft system (UAS) for research and development, internal
training, surveys, marketing, agricultu re, mapping, inspections, photography, and video

. MOTA
is eligible for a summary exemption for aerial data collection

. 1

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (parti culate measurement, etc.), or any other gathering of data by instruments aboard the UA. See exemption # 14884.U. S. Department of Transportation

March 4 , 201 6 Page 2

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia QUICK REFERENCE SUMMARY:

 Type of aircraft to be flown:

o Mota Pro Live 4000.

 Weight: 5.9 oz

. with battery.

 Maximum speed: >4 meters per second without wind.

 Flight time: ~6 minutes

 Service Ceiling: ~40 M

 Size: 340x340x72 mm

 Number of propellers: 4

 Battery Capacity: 3.7v / 800 mAh

o Mota Pro Live 5000.

 Weight: 5.8 oz

. with battery.

 Maximum speed: >5 meters per secons without wind.

 Fli ght time: ~7 minutes

 Service Ceiling: ~80 M

 Size: 310x345x85 mm

 Number of propellers: 6

 Battery Capacity: 7.4v / 450 mAh

o Mota Giga 6000

 Weight: 2 lbs

. 9.8 oz

. with battery.

 Maximum speed: ~5 meters per second without wind.

 Flight time: ~15 minutes

 Servi ce Ceiling: ~300 M

 Size: 30x30x20 cm

 Number of propellers: 4

 Battery Capacity: 11.1v / 2700 mAh

o Mota Giga 8000

 Weight: 2 lbs

. 12 oz

. with battery.

 Maxim um speed: ~8 meters per second without wind.

 Flight time: ~25 minutes

 Service Ceiling: ~800 M

 Size: 40x40x21.5 cm

 Number of propellers: 4

 Battery Capacity: 11.1v / 5400 mAh

 Proprietary documents for each aircraft will be provided under separate cover.U. S. Department of Transportation

March 4 , 201 6 Page 3

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  The operations will be for aerial data collection.

. 2

 MOTA agrees to all the restrictions listed in nume rous previous exemptions, including exemption # 14884 to the Massachusetts Institute of Technology on February 18, 2016. Many of the aircraft approved in #14884 have similar flight characteristics to those contained in this petition. The restrictions are listed below. Based upon the FAA ’ s recent guidance, this petition is eligible for summary exemption and should be granted immediately.
MOTA requests that the publication and comment procedures be waived in accordance with 14 C.F.R. § 11.87 which states :
§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption?
The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not dela y action on your petition. The factors we consider in deciding not to request comment include:
(a) Whether granting your petition would set a precedent.
(b) Whether the relief requested is identical to exemptions granted previously.
(c) Whether our delay ing action on your petition would affect you adversely.
(d) Whether you filed your petition in a timely manner.
Corresponding to the above sub

- sections, MOTA has good cause to request the FAA to
waive the comment period and not delay action on the petitio n because:
(a) MOTA would not set any precedent. MOTA agrees to the SAME exact limitations as
many previous exemptions, including exemption number 14884

.

2 Exemption # 14884 to the Massachusetts Institute of Technology was for “aerial data collection ” includingU. S. Department of Transportation

March 4 , 201 6 Page 4

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia (b) The relief requested is identical to that granted, without publication for comment, in
among others, e xe mptions #13286, # 12961, # 11342, and 14884 . The FAA has also
issued grants of exception in circumstances similar in all material respects to those
presented in this petition in exemption # 11062 to Astraeus Aerial, 11109 to Clayco, Inc,

# 11112 to VDOS Glo bal, LLC, and # 11213 to Aeryon Labs, Inc.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and
MOTA

. Granting the petition is in the public interest:

 The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities.

 Moreover, MOTA is adversely affected by the above listed regulations.

 The enhanced safety achieved using an unmanned aircraft with the specifications described in this petition and carrying no passengers or crew, rather than a manned aircraft of significantly greater pr oportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation that would be enabled by this exemption is in the public
interest.

 If the petitioner does not have the option of using the Petitioner ’ s UA, th e only other way to obtain the data is by using manned aircraft which pose a danger to the pilot as well as individuals on the ground. There is no pilot on board the UA and due to the small size of the UA, there is less risk danger posed to the public on the ground in case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine.

 Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet enjoyment of private property of th e public on the ground. UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.U. S. Department of Transportation

March 4 , 201 6 Page 5

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  In addition to the noise pollution reduction, engine or turbine powered aircraft prod uce exhaust which affects the environment while the UA of the petitioner are electric and do not produce any emission. The environment and the public are benefited by the use of UA.

 UA use batteries for power which are not as flammable and explosive as
100 LL or Jet A. If there was an emergency where the UA crashed, there is less chance of individuals being injured from an explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage
in the case of a crash than th e “ grenading ” that typically happens during a manned helicopter crash.

 Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits because the danger of a mid

- air collision is lessened (d) The petition has been filed in a timely manner. Petitioner ’ s contact info: Frost Brown Todd, LLC Attn: James Mackler Phone: 615

- 251

- 5569 Email: jmackler@fbtlaw.com Address: 150 3 rd Avenue South, Suite 1900, Nashville, TN 37201
MOTA by UNorth Attn: L e ga l De partm ent Phone: (408) 290

- 3483 Email: c orp orate @mota.com Address: P o st O ffic e Box 11 16, Cam pbell , C alif ornia 9 5009
Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)U. S. Department of Transportation

March 4 , 201 6 Page 6

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b) This exemption applicat ion is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate s afely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of UA do not create a hazar d t o users of the NAS or the public or pose a threat to national security in light of the following :

 The UA ’ s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 3

If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. § 333(c) (emphasis added). 4
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil a ircraft, as the term is define d under § 40101 of the Act that includes UAS ’ s, from the requirement that all civil aircraft mus t have a current airworthiness certificate.

“ The Administrator may grant an exemption from a requirement of a regulation prescribe d under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. ” 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(b). As already stated , the exemption is in the publi c interest because:

 The enhanced safety achieved using an unmanned aircraft with the specifications described in this petition and carrying no passengers or crew,

3 FAA Modernization and Reform A ct of 2012 at § 333(a).
4 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if i t should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.U. S. Department of Transportation

March 4 , 201 6 Page 7

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia rather than a manned aircraft of significantly greater proportions, carrying
crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation that would be enabled by this exemption is in the public
interest.

 If the petitioner does not have the option of using the Petitioner ’ s UA, the only other way to obtain the data is by using manned aircraft which pose a danger to the pilot as well as individuals on the ground. There is no pilot on board the UA and due to the small size of the UA, there is less risk danger posed to the public on the ground in case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine.

 Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet enjoyment of private property of the public on the ground.
UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.

 In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust which affects the enviro nment while the UA of the petitioner are electric and do not produce any emission. The environment and the public are benefited by the use of UA.

 UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was an emergen cy where the UA crashed, there is less chance of individuals being injured from an explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage
in the case of a crash than the “ grenading ” that typically happens during a manned helicopter crash.

 Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits because the danger of a mid

- air collision is lessened

OPERATING DOCUMENTSU. S. Department of Transportation

March 4 , 201 6 Page 8

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia MOTA will operate only within the limitations below and the performance parameters set forth in the aircraft manuals and in the proprietary technical documents that will submitted under separate cover:

 Flight Operations and Procedures Manuals (FOPM).

 Aircraft Flight Manuals

 Training Manuals for the Pilot In Command (PIC).

 Training Manuals for the Visual Observer (VO).

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies to civil aircraft that
have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure.

These limitations and conditions are identical to exceptions # 13286
, # 12 961and #14884

. MOTA agrees to be bound by those conditions when conducting commercial UA operations. The list of limitations and conditions include the following:
1. Operations authorized by this grant of exemption are limited to the aircraft listed above when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.
2. Operations for the purpose of closed

- set motion picture and television f ilming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft
manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.U. S. Department of Transportation

March 4 , 201 6 Page 9

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia 5. The UA m ust 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

- issued airman medical certificate or U.S.
dr iver ’ s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and 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 duratio n of the flight. The PIC must ensure that the VO can perform the duties required of the
VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of

exem ption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and
limitations in this exe mption and the procedures outlined in the operating documents, the conditions and limitations herein 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 or any law enforcement official upon request. The operator must also present updated and revised doc uments if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its g rant of exemption. The FAA ’ s UAS Integration Office (AFS −80) may be contacted if questions arise regarding updates or revisions to the operating documents.U. S. Department of Transportation

March 4 , 201 6 Page 10

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight charac teristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 fe et from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in
a condition for safe o peration.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable co m ponents, ite m s, or equip m ent. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must foll ow the UAS manufa cturer ’ s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety
bulletins.
13. Under this grant of e xemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA
airman medical certificate or a valid U.S. driver ’ s license issued by a state, the District
of Columb ia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit a ny PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator ’ s PICs and VOsU. S. Department of Transportation

March 4 , 201 6 Page 11

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia (training, proficiency, and experience

- building) and determining the PIC ’ s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated t raining 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 w ith 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA m a y not operate within 5 nautical m iles of an airport refere n ce p oint (ARP) a s denoted in the current F AA Airport/Faci l ity Directory (AFD) or for airports not denoted
with an ARP, the center of the airport sy m bol as denoted on the current FAA

- published

aerona u tic a l ch a rt, u nless a letter of agree m ent with t h at airpo r t ’ s m anage m ent is obt a i ned

or otherwise per

m itted b y a COA issued to the e xe m ption holder. The letter of agree m ent with the a i rport m anage m ent must be m ade available to the Ad m i nistrator or any law
enforce m ent official upon request.
17. The UA m a y 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 statute m iles from the PIC.
18. If the UAS loses com m unications or loses its GPS signal, the UA m ust return to a
pre
- determ ined location within t h e p rivate or co n t rolled

- acce s s property.
19. The PIC m u st abort the f light in the event of unpredicted obstacles or e m ergencies.
20. The PIC is prohibited fr o m beginning a flight unless (con s idering wind and forecast
weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the m anufacturer if greater.
21. Air Traffic Organizati o n (ATO) Certificate of Waiver or Autho r ization (COA). All operations shall be conducted in accord a nce with an ATO

- issued COA. The

exe m ption holder m ay apply for a new or a m ended COA if it intends to conduct operations that cannot be conducted under the ter m s of the attached COA.U. S. Department of Transportation

March 4 , 201 6 Page 12

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia 22. All aircraft operated in accor d a n ce with this exemption m ust be identified by serial

nu m ber, registered in accordance with 14 CFR p a rt 47, and have identification ( N

− Nu m ber) m arkings in accorda n ce with 14 CFR part 45, Subpart C. Markings m ust be as large as practica b le.
23. Docu m ents used by the operator to ensure t h e safe operation and flight of the UAS and

any docu m e nts required under 14 CFR §§ 91.9 and 91.203 m u st be available to the PIC

at the G round Control Station of the UAS any ti m e the aircraft is operating. These
doc u m ents m

ust be m ade availa

b l e to the Ad m i nistrator or any law enforcement official upon request.
24. The UA m

u st re m ain clear and give w a y to all m anned aviation operations and acti v ities
at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protec tion and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to tho se objects 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 undue hazard.

c. The PIC, VO, operator trainees or e s sential pers o ns are not c o nsidered nonparticipating persons under this exe m ption.
27. All operati o ns shall b e conducted o v er pri v ate o r contr o lle d

- access pro p erty with

per m ission from the property owner/contr o ller or authorized representative. Per m ission
from property owner/co n t roller o r authorized rep r esent a tive w ill b e obtained for each flight to be conducted.U. S. Department of Transportation

March 4 , 201 6 Page 13

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia 28. Any incident, accident, or flight operation that tr a nsgress e s t h e later a l or v ertical
boundaries of the operational area as defined by the applicable COA must be reported to
the FAA ' s UAS Integration O ff i ce (AF S −80) within 24 hours. Accidents m ust be reported to the National Transportation Safety Board (NTSB) per instructions contained
on the NTSB Web site: w ww.ntsb.gov

.

STATUTORY CRITERIA PROVIDED IN SECTION 333
The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 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 proxim ity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safer, than a co nventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.
14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES Exemption # 11221, # 11284, #11326 and many others have provided that a U.S.
driver ’ s license could be used in lieu of the medical certificate.

14 C.F.R. § 61.101( e )(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14
C.F.R. § 61.315( a ): S PORT P I LOT L IMITATIONS
. Exemption # 12 961, #12956 # 11221, # 11284, #11326 and many others have provided
that the “ PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. ” Likewise, MOTA is also performing commercia l UAS work and is askingU. S. Department of Transportation

March 4 , 201 6 Page 14

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.U. S. Department of Transportation

March 4 , 201 6 Page 15

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia 14 C.F.R. § 61.113 (a): P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N C OMMAND
.
Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board.

14 C.F.R. § 91.7( a ): C IVIL A IRCRAFT A IRWORTHINESS
. The aircraft in this petition should not be required to have an airworthiness certificate based upon th e FAA ’ s previous determinations exempting aircraft with very similar flight
characteristics and control software. Given the size, weight, speed and operational capabilities, maintenance, and use of a safety checklist, an equivalent level of safety will be
obtained.
14 C.F.R. § 91.119: M INIMUM S AFE A LTITUDES Section 91.119 establishes safe altitudes for operation of civil aircra ft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA.
Because of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations an d the operations of conventional aircraft that must comply
with Section 91.119.

14 C.F.R. § 91.121: A LTIMETER S ETTINGS This regulation requires 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 appropriateU. S. Department of Transportation

March 4 , 201 6 Page 16

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety
will be achieved by the operator, pursuant to the operating manuals.

14 C.F.R. § 91.151( a ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS Section 91.151 (a) prohibits an individual from beginning "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 t he day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at leas t 4 5
minutes."
Applicant believes that an equivalent level of safety can be achieved by prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal cruising speed) “ there is enough available pow er for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve pow er recommended by the manufacturer if greater. ” Exemption # 11326, at page 5.
14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): M AINTENANCE
I NSPECTIONS These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragrap h (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter" 5 and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness c ertificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because
these small UAS ’ s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. M oreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Lastly, the petitioner will operate in accordance with the manuals

5 14 C.F.R. § 91.405(a).U. S. Department of Transportation

March 4 , 201 6 Page 17

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia submitted c onfidentially which will provide an equivalent level of safety as the burdensome regulations.

CONCLUSION: The operation by MOTA using a small UAS, weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equiva lent level of safety supporting the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at (615) 251

- 5569 or at my email jmackler@fbtlaw.com

.

Sincerely yours,

___________________ James E Mackler, Esq.

JEM:pt

0132091.0634893 4833

- 1440

- 5934 v1