April 6, 2015

Exemption No. 11295 Regulatory Docket No. FAA

− 2014

− 0995

Mr. Kirk Demuth Chief Operating Officer RoboFlight Systems LLC 5530 West Parkway Suite 300 Johnston, IA 50131

Dear Mr. Demuth:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated October 22, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of RoboFlight Systems LLC (hereinafter peti tioner or operator) for an exemption. The exemption would allow the petitioner to ope rate an unmanned aircraft system (UAS) to conduct agricultural surv eying, small UAS operator training, real estate photography, product demonstrations, and research and development.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.2

Airworthiness Certification

The UAS proposed by the petiti oner are the DJI Phantom 2 Vision Plus, DJI Inspire 1, DJI S-900, and RF–70

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft meets the conditions of Section 333. Therefore, th e FAA finds that the re quested relief from 14 CFR part 21, and any associated noise certific ation and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial da ta collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pr esented in your petition. In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701, delegated to me by the Administrator, RoboFli ght Systems is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a )(1), 91.409(a)(1) an d (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.3

Conditions and Limitations

In this grant of exemption, RoboFlight System s is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision Plus, DJI Inspire 1, DJI S 900, a nd RF–70 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 filming 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 restricti on. 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.

5. The UA 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-issued airman medical certificate or
U.S. driver’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 PI C 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 verbal ly at all times; electronic messaging or texting is not perm itted 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 en sure 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 exemption, 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 discrepa ncy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,4

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d documents 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 grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacte d if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functi onal 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 operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. Th e pre-flight inspection must account for all potential discrepancies, e .g. inoperable components, items, or equipment. 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 follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requ irements for the aircraft and aircraft
components.

12. Each UAS operated under this exemption mu st comply with all manufacturer safety
bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 Colombia, 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 PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles 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 VOs (training, proficiency, and e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 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 conditi ons (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not denoted with an ARP, the center of the ai rport symbol as denoted on the current FAApublished aeronautical chart, unless a lett er of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the ai rport management must be made available to the Administrator or any law enforcement official upon request.

17. 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 statute miles from the PIC.

18. If the UAS loses communications or loses it s GPS signal, the UA must return to a predetermined location within the priv ate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA.6

22. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CF R part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the
PIC at the Ground Control Station of the UAS any time the aircraft is operating. These
documents must be made available to th e Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y to all manned aviation operations and
activities 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 pr otect 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 protection 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 struct ures has granted permission for operating closer to those 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.

The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral 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 Sa fety Board (NTSB) per instructions
contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM)
as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person res ponsible for the on-s cene operation of the UAS;
d. Make, model, and serial or N- Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;
f. A statement that the operator has obtain ed permission from property owners
and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and
h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, F light Standards ServiceOctober 22, 2014

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

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam,

This petition is being submitted on our own behalf without legal counsel or consulting services.
Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, RoboFlight Systems (RFS), a Colorado based limited liability company operating a Small Unmanned Aircraft System (sUAS) e quipped to conduct aerial photography and survey for various industries, hereby applies for a n exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (F AA) so long as such operations are conducted

with and under the conditions outlined herein or as may be established by the FAA as required by
Section 333.

The requested exemption would permit RoboFlight Sys tems LLC to pursue its commercial interests in providing services to consumers intere sted aerial data capture using a small advanced sUAS in the following areas:

• Agricultural Surveying

• sUAS Operator Training

• Real Estate Photography

• Product Demonstrations

• Research and Development

RFS states that all sUAS flights that will occur ov er private or controlled access property will do so with the property owner's prior consent and knowled ge and that only people who have consented or otherwise have agreed to be in the area where ph otography and videography will take place will be captured.

Additionally, RFS pilots hold FAA Commercial and Pr ivate Pilot Licenses with Class II and Class III Medical Certificates and if observers are not quali fied pilots, they will be trained by RFS pilots to understand the proper roles of an observer, communi cation procedures, proper visual scan techniques, operations at non-towered airports, and appropriate sections of the Aeronautical

Information Manual.Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R . 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215 14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum inputs that result in cost savings to farmers, yiel d security, and reduce environmental impact of

excess fertilizers and chemicals in the soil.

We are petitioning for exemption to enable RFS to o perate a DJI Phantom 2 Vision Plus multi-rotor equipped with a three-axis gimbaled camera, a DJI I nspire 1 multi-rotor equipped with a three-axis gimbaled camera, a DJI S-900 multi-rotor equipped w ith a three-axis gimbaled camera, and a RF70 fixed wing sUAS equipped with a fixed position m ulti-spectral camera. These sUAS all weigh less than 25 lbs, have a built- in capability to li mit the height it flies above the ground, to limit the radius of the distance it flies from the operator a nd to exclude it from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system,

which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home an d will land safely.

The above specifications meet standards listed belo w, some derived in accordance with the Model Aircraft Operating Standards:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distan ce' from populated areas within the sterile area described in the operators manual. Such operat ions will insure that the sUAS will "not create a hazard to users of the national airspace s ystem or the public."

• When flying sUAV within 3 miles of an airport, air port operators will be notified and the operator will give the right of way to avoid flying in the proximity of full-scale aircraft.

• Maximum flight time for each operational flight wi ll be 60 minutes.

• Flights will be terminated at 25% battery power re serve should that occur prior to the 60

minute limit.• The sUAV will be programmed so that it will not be operated at an altitude of no more than 600 feet AGL, and not more than 200 feet above an e levated platform from which filming is planned.

• Minimum crew for each operation will consist of th e sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command) will be an FAA l icensed airman holding a FAA Private

Pilot or Commercial Certificate and second Class FA A Medical Certificate.

• The sUAS operated by the petitioner weighs less th an 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

• Given the small size of the sUAS and the restricte d sterile environment within which they will operate, our sUAS operations adhere to the Ref orm Act's safety requirements.

Additionally, the fact that the RFS pilots hold FAA Pilot certificates demonstrates that they have a high regard to safe operations with an understandin g of FARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards .

Under the requested exemption RFS ensures that all operators have completed a small unmanned aircraft systems (UAS) education and train ing program including all applicable regulations and guidance documents; including aeron autical background information such as charts, NOTAMS and Aircraft Circulars; Radio Commun ications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynam ics; Weather factors; Airmanship and Decision-making and Safe Operating Procedures.

We respectfully request exemption under Section 333 to enable RFS to operate safe, low-risk commercial sUAV operations for the activities state d. RFS at all times will respect the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely

Kirk Demuth Chief Operating Officer RoboFlight Systems LLC 5530 W. Parkway Suite 300 Johnston, IA 50131

785-410-6823EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

RoboFlight Systems requests an exemption from the f ollowing regulations as well as any additional regulations that may technically apply t o the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuan ce of an airworthiness certificate. While the FAA continues to work to develop airworthiness standard s for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phan tom 2 Vision plus, DJI S-900, DJI Inspire, and RF-70 sUAS under either or both of the following p rovisions:

21.191 Experimental certificates

.

Experimental certificates are issued for the follow ing purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or

new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthines s regulations including flights to show compliance for issuance of type and supplemental ty pe certificates, flights to substantiate major design changes, and flights to show complianc e with the function and reliability requirements of the regulations. Since the experime ntal certificate can be used for commercial purposes such as market surveys, sales d emonstrations, and customer crew training, we would expect that an experimental cert ificate would permit our commercial purpose as well. The aircraft will not carry person s or property, will not carry fuel, and will only fly under strict operational requirements. Com bined with the UA's light weight, being constructed primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, than a conventional ly certificated aircraft performing the same mission. If an experimental airworthiness certifica te is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Sub part H, and the requirement for an airworthiness certificate in general, citing the eq uivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Si ze of marks. These regulations provide that each aircraft must d isplay "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, th e aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV

does not have an entrance in which the word "EXPERI MENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch w ill be able to see the designation. Additionally, we fe el that the permanent placard discussed in the previous paragraph will provide the aircraft's regi stration information at the ground station. Finally

, we will display at the ground station a high contra st flag or banner that contains the words

"Unmanned Aircraft Ground Station" in letters 3 inc hes high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the ba nner should be visible to anyone that observes the aircraft and chooses to investigate its point o f origin.14 CFR 61.113 Private pilot privileges and limitati ons: Pilot in Command and 61.133

Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Su bparagraph (b) allows 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; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed ope rations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and s ince the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subp aragraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the fo rm contemplated by the FARs, this Regulation is inapplicable.

14 CFR 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. We assume that the inten t of this requirement is to ensure that flight

manual information is available to the aircrew whil e operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew du ring flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we pro pose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrum ent flight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully function ing dual controls." The sUAS System ground-based

control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor ha ving "hands-on" the controls during flight, we feel that this technique meets the intent 91.109 an d provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or st ructure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed . Operations will only be flown over property or persons where permission has been obtained and care ful pre-planned has been performed. The aircraft will be operated at a low altitude allowin g, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehic les and structures is minimal compared to manned aircraft, which should be considered in gran ting the exemption.

14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintai n cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. Th e sUAS will always fly below 600 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above

Ground Level altimeter measurement above the takeof f point is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL

readout.

14 CFR 91.151 Fuel requirements for flight in VFR c onditions.The regulation provides that no person may begin a flight in an airplane under day-VFR conditions

unless there is enough fuel to fly to the first poi nt of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragrap h is to provide an energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge is 12-45 (depending on whic h sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the p oint of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equival ent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 2 0% battery reserve after that.

14 CFR 91.203(a) & (b) Civil aircraft: Certificatio ns required. The regulation provides that an airworthiness certi ficate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b ) provides that the airworthiness certificate be "dis played at the cabin or cockpit entrance so that it is legible to passengers or crew." With our largest ve hicle, the RF-70, at a maximum gross weight of 13 pounds, the sUAS is too small to carry documenta tion, does not have an entrance, and is not capable of carrying passengers or crew. To obtain a n equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropr iate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417) - Maintenance, Pr eventive Maintenance, Alterations The regulation provides that the operator is primar ily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for r eturn to service by a person authorized under 43.7" after maintenance and inspection. It is our i ntention that the PIC perform maintenance and inspection of the aircraft and "be authorized to ap prove the aircraft for return to service."

The PIC will ensure that the aircraft is in an airw orthy condition prior to every flight and in additi on, conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a prop eller, checking electrical connections and updating software and firmware for the on-board com puter. All other maintenance will be performed by the manufacturer or their designated r epair facility. The PIC will document work performed in accordance with 91.417. We feel that d ue to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent leve l of safety.