Vineyard Aviation, LLC Section 333 Exemption Petition

1 M a y 2 1 , 2015

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 of the Federal Aviation

Regulations f

rom 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R Part 27; 91.7(a);

91.9(b) (2); 91.103(b); 91.109; 9 1 .121; 91.151(a); 91.203(a)&(b); 91.405(a);

91.407(a) (1); 91.409(a) (2); 91 .417(a)&(b)

Dear Sir or Madam,

I, Justin Burrell, owner of Vineyard Aviation, LLC, am writing pursuant to the FAA Modernization and

Reform Act of 2012 and the procedures c o ntained within 14 C. F R. 11. I, Justin Burrell, owner and

operator of s mall unmanned aircraft, am requesting to b e exempted from the Federal Aviation Regula tions

( "FARs") as outlined in this petition . This petition for exemptio n is so that I, Justin Burrell, may operate

my small light we ight unmanned aircraft system ( " UAS " ) commercially in airspace regulated by the

Federal Aviation Administration ( " FAA " ).

I. Des cription of Petitioner:

Vineyard Aviation, LLC is a single proprietor owned company operated by m yself, Justin Burrell. I have

been a full time Airline Transport Pilot since 2004 (Cert. #3289415) and maintain a first class medical

certificate. I, Justin Burrell, have a diverse background in management and consul ting in the aviation

industry and am experienced in flying hobby unmanned aircraft sys tems for recreational purposes. Over the

last five years, I have flown mu l tiple R C airplane and quad

- copter aircraf t recreationally piloted by remote

control without incident.

It is my intent via Vineyard Aviation, LLC to operate UAS

, DJI Phantom 3 Professional , for aerial

imaging to enhance individu al and company awareness in relation to agricultural, geological

, and real

estate survey and inspection

. Traditionally, much of this type of imaging has been done with the use of

fixed

- wing aircraft and full

- scale rotorcraft. The use of fixed

- wing aircr aft and rotorcraft in low level

operations present risks of such vehicles carrying large a mounts of combustible fuel and aircraft weights of

thousands of pounds. The operation of a sm all UAS will eliminate risks associated with these traditional

methods of agricultural, geograph ical and real estate survey and inspection

.

Vineyard Aviation UAS operations for the purposes described above will occur under tightly controlled

conditions mostly on privately owned property at the owner's or authorized represent ative's request and

consent. Generally, these agricultural areas are located in rural settings away from buildings, people, and

crowds. Those operations not occurring on privately owned property will occur under tightly controlled

conditions and conducte d away from congested or densely populated areas and at low levels of flight.Vineyard Aviation, LLC Section 333 Exemption Petition

2 Vineyard Aviation operations will be conducted in compliance with in the conditions and limitations of the

UAS manufacturer's aircraft/component manual and limitations of this Pe tition for Exemption . Operations

will be limited to VFR conditions in daytime hours at altitudes at or below 400 feet AGL and remaining

clear and yielding the right of way to all manned aviation operations and activities at all times.

Petitioner's Contac t Information :

Vineyard Aviation, LLC

c/o Justin Burrell

13253 Saint Tropez Circle

Palm Beach Gardens, Fl 33410

Tel: 504

- 453

- 8254

Email: jburr737@gmail.com

For ease of review please refer to the following table of contents found on the next page.Vineyard Aviation, LLC Section 333 Exemption Petition

3 Table of Contents

I. Description of Petitioner

II. Description of Proposed Operations

III. Relevant Statutory Authority

IV. Vineyard Aviation's Proposed UAS Opera tions meet the Requirements of Section 333 of

the Reform Act

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

D. 14 C.F.R. § 91.9(b)(2) : Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration

E. 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

I. 14 C.F.R. § 91.121: Altimeter Settings

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

K. 14 C.F.R. § 91.405(a ), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):

Maintenance Inspections

VI

. Public Sa fety, Interest

, and Benefit

V II

. Privacy

VIII. UAS Manufacturer's Manual

I X

. Summary the FAA m ay Publish in the Federal Register

X

. C o n c l u s i o nVineyard Aviation, LLC Section 333 Exemption Petition

4 I I. Description of Proposed Operations:

Vineyard Aviation intends to use its small UAS for the purpose of conduction of aerial surveys and

inspection of various agricultural crops inclusive of various citrus, vegetable, and grape varieties. This will

afford farmers and growers critical information necessary to maximize crop harvest b y i d e n t i f y i n g

d i s e a s e s

, i r

r i g a t i o n

, a n d d r a i n a g e . The use of a small UAS will provide gre ater resolution and flexibility in

imaging in this setting. Low flying UASs can del iver information that support crop analysis in a much

safer, efficient, and cost effective manner than conventional methods using heavier, fuel filled fixed

winged or full scale rotorcraft.

Vineyard Aviation intends to use its small UAS for the purpose of conduction of aerial surveys a nd

inspection of geographical layouts and real estate listings. This will increase public and academic visual

awareness of land layouts in specified areas of request. The use of a small UAS will provide close

- up

augmented view s of real estate listings unattainable by traditional mea ns. The UAS is battery operated and

creates no emissions . It contains no combustible fuel source r end ering it safer than conventional aerial

photography.

I, Justin Burrell, via Vineyard Aviation intend to operate t h e UAS at a ground speed no greater 30 knots

and an altitude at or below 400 feet AGL. All operations will be completed during daylight hours with a

v isual observer ( " VO " ) and o perated with in the visual line of sight ( " VLOS " ) of the VO at all ti mes.Vineyard Aviation, LLC Section 333 Exemption Petition

5 III. Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization

and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system." Purs uant to Section 333

of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the

National Air Space ("NAS") where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed, and operational capability

 Operation of the UAS in close proximity to and airports and populated areas

 Operation of the UAS within the visual line of sight of the operator

In addition, the FAA Administrator has general authority to grant exemptions from the agency's sa fety

regula tions and minimum standards when th e Administrator decides a reque sted exemption is in the public

interest. (49 U.S.C § 106 (f) defining authority of the Administrator; 49 U.S.C. § 44701 (f) permitting

exemptions from § 44701 (a), (b) and § 447 02

- 44716) A party requesting and exemption must explain the

why the exemption would: (1) benefit the public as a whole, and (2) not adversely affect safety or how it

would provide a level of safety at least equal to the existing rules. (14 C.F.R. § 11.81 petitions for

exemption)

IV. Vineyard Aviation's Proposed UAS Opera tions meet the Requirements of Section 333 of the

Reform Act

The operation of a small UAS by Vineyard Aviation qualif ies for approval pursuant to Section 333 of the

Reform Act as each of the statutory criteria and relevant factors are satisfied as stated in this Petition for

Exemption.

A. Approval is warranted based on Vineyard Aviation' s small UAS's size, weight, spee d, and

operational capability.

1

. The UAS will weigh less than 20 pounds (this includes all equipment and loads)

.

2

. The UAS will not exceed a speed of 25 knots

.

3

. The UAS will not exceed an altitude of 400 feet AGL

.

4

. Altitude information will be generated by GPS triangulation that is contained within

the UAS. This informat ion is transmitted to the pilot via telemetric data feed (DJI Pilot App)

.

5

. All flights will be flown with enough power to fly a t normal cruising speed to the

intended landing point and land the UAS with 20% battery power remaining.

6. The UAS will have system independent functionality in the event communications or GPS

signal is lost. T he UAS will return to a pre

- determined location and l and safely within the

planned operating area via DJI's Return To Home feature (RTH)

.Vineyard Aviation, LLC Section 333 Exemption Petition

6 7. Radio frequencies used for operations and control of the UAS will be in compliance

with the Federal Communications Com mission ("FCC") or other appropriate oversight agency

requirements.

B

. Approval is warranted based on the UAS's manufac turer's operational manual and

Vineyard Aviation's proposed operations.

1. UAS operations will be conducted with a minimum of a Pilot

- In

- Command ("PIC")

and visual observer ("VO") at all times.

2. The UAS will be operated within Visual Line of Sight ("VLOS") of the PIC and VO

at all times during flight.

3. All flight s will be operated during day light hours.

4. The UAS will be operated in compliance with all manufacturer Safety Bulletins in

addition to the UAS operational manual a n d f i r m w a r e u p d a t e s

.

5. The UAS will remain clear and yield the right of way to all manned aviation

operations and activities at all times.

6. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

7. Vineyard Aviation will ob tain an Air Traffic Organization ( "ATO") is sued Certificate

of Wai v er or Authorization ( " COA " ) prior to conducting any operations under this grant of

exemption. This COA will require Vineyard Aviation to request a Notice to Ai rman

("NOTAM") with the appropriate ATC facility 4 8 to 72 prior to UAS operation.

8. Vineyard A viation will obtain all required permis sions from the landowner/controller

or authorized representative prior to operations ove r pri vate or controlled

- access property.

9. Prior to each flight the PIC shall do a pre

- flight inspection of the UAS to ensu re it is in a

condition for safe flight. If the UAS inspection r eveals a condition that affects safe

operation of the UAS, the UAS will be grounded until the necessary maintenance has been

performed and the UAS is found in a condition for safe flight. The Grou nd Control Station will

be inclu ded in the pre

- flight i nspection. All maintenance and alte rations will be properly

documented in the UAS records.

10. The UAS will not be operated higher than 200 feet within a quarter mile from an airport or any

flight path or flight operation ; or 5 nautical miles (NM) from an airport having an operational

control tower; or 3 NM from an airport with a published instrument flight procedure, but not an

operational tower; or 2 NM from an airport without a published instrument flight procedure or

an operational tower; or 2 NM from a heliport with a published in strument flight procedure

.Vineyard Aviation, LLC Section 333 Exemption Petition

7 In addition, the DJI Pilot app displays warning messages and UAS altitude restrictions when the

UAS enters within 320 feet of No

- Fly Zones . Furthermore the UAS firmware will not allow the

UAS motors to activate in No

- fly Zones ( Phantom 3 Professional User Manual v1.0 pages 41

, 42,

43 ). These features coupled with the operator's Airline Transport Pilot's airspace knowledge and

situational awareness will thoroughly ensure the UAS does not interfere with airport and airspace

manned aircraft operations.

11. Vineyard Aviation's PIC will be an Airline Transport Pilot ("ATP") that holds at least

a current Third Class Medical Certificate.

V

. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform

Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used

for the same application. These criteria are met, and therefore no exemption is needed. See Grant of

Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22. If, however, the FAA determines

that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act,

an exemption is requested.

The DJI Phantom 3 Professional that Vineyard Aviation intends to use meets this equivalent level of safety

taking into account its size, w eight, speed, and operational capability. As set forth in the description of

proposed operations in Section II, the UAS weighs less than 20 pounds and will be flown at less than 25

knots and outside controlled airspace. Additionally, the UAS carries neithe r pilots nor passengers, no

combust i ble materials or flammable liquid fuels, and operates exclusively within the parameters stated in

the manufacturer's m anual.

Operations conducted under this exemption will be closely controlled and monitored by the operator and

will be conducted in compliance with l ocal public safety requirements to provide security for the area of

operation. Vineyard Aviation will also provide the FAA with advanc e notice of operations via NOTAMs as

necessary.

Further, the UAS does not need a means to communicate with other aircraft or ATC, because those

capabilities will be possessed by the PIC and Observer, who are not onboard the UAS. See Grant of

Exemption, Docket FAA

- 2014

- 0352 at 13. In addition, no sense

- and

- avoid technology is necessary for the

UAS because it will be operated at all times in VFR conditions and within VLOS of the PIC and Operator.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements f or airworthiness certification of normal

category rotorcraft. To the extent that Vineyard Aviation's small UAS would otherwise require certificationVineyard Aviation, LLC Section 333 Exemption Petition

8 under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons

id entified in the request for exemption from 14 C.F.R. Part 21, Subpart H, supra

.

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Vineyard Aviation seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in

airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. §

91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. Therefore, no

airworthiness certificate would be issued for Vineya rd Aviation's UAS. See Grant of Exemption to

Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22. Accordingly, Petitioner requests that the

requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. §

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Title 14 C.F.R. §

91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness documents

and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U. S.

- registered civil aircraft

–

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter,

unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civi l aircraft unless it has within it

the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight au thorization issued under § 91.715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew.

The small size and configuration of the UAS render it without a cabin or cockpit, making it impossible to

store airworthiness docu ments and other aircraft manuals on board.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith,

Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met

if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other

required documents from the ground control station from which he or she is operating the aircraft. ( 1 )Vineyard Aviation, LLC Section 333 Exemption Petition

9 _______________________

1 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

-

0352 at 16

- 18.

As this FAA Office of Chief Counsel Opinion cla rifies, the intent of the rule is to ensure the pilot has

access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by

ensuring that the pilot has access to the documents at the ground control station from which he or she is

piloting the UAS.

E. 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements

Vineyard Aviation seeks an exemption from the aircraft marking and identification requirements contained

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in

accordance with Part 45 of this cha pter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light

- sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near each

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than

6 inches high, the words "limited," "restricted," "light

- sp ort, "experimental," or

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of

the cabin, fuselage, boom, or tail the marks requir ed by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was

warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14

C.F.R Part 45, Subpart C if the markings ar e as large as practicable." FAA Docket No. FAA

- 2014

- 0352.

Vineyard Aviation's UAS will bear N

- Number markings that are as large as practicable in accordance with

14 C.F.R. Part 45, Subpart C (2)

_________ _______________

2 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.Vineyard Aviation, LLC Section 333 Exemption Petition

10 F. 14 C.F.R. § 91.103: Preflight Action

Vineyard Aviatio n seeks exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar

with specific information before each flight, including information contained in the FAA

- approved Flight

Manual on board the aircraft. While the PIC will be familiar with al l information necessary to safely

conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is

required.

An equivalent level of safety will be provided by Vineyard Aviation's compliance with the Manufacturer's

Manuals and it's PIC will perform a series of checklists designed to identify any defects or inoper able

components. These checklists will be inclusive of Pre

- Flight, Launch, Landing, and Post

- Flight

procedures. The PIC will also review weather, flight requirements, battery charge, landing and takeo ff

distance, and contingency landing areas before i nitiation of flight. Manufacturer's Manual, and any othe r

rel evant manufacturer publications will be kept at the GCS and will be accessible to the PIC at all times

while operating the UAS.

G. 14 C.F.R. § 91.109(a): Flight Instruction

Vineyard Avia ti on seeks an exemption from 14 C.F.R. § 91.109(a), which pro vides in pertinent part that

"[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight

instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by

their design, do not have functional dual controls. Instead, flight control is accomplished through the use of

a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be

required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

In regards to the size and speed of the DJI Inspire that Vineyard Aviation intends to use, an equivalent

level of safe training can be performed without dual controls because no pilot o r passengers are aboard the

UAS. All Flight train ing will be conducted with all persons a safe distance away in the event that the UAS

experiences any difficulties during flight instruct ion

.

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Vineyard Aviation requests an exemption from the minimum safe alt itude requirements of 14 C.F.R. §

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate,

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than

those minimum altitudes when it can be operated "without hazard to persons or property on the surface,"

provided that "each person operating the helicopter complies with any routes or altitudes specifically

prescribed for helicopters by the FAA."Vineyard Aviation, LLC Section 333 Exemption Petition

11 An exemption is required because in order to perform the intended agricultural/real estate aerial surveys

and inspections, the UAS will need to be operated lower than 400 feet AGL. Further, due to the nature of

the proposed operations, the PIC and Observer may at times be less than 500 feet away from the UAS.

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed

herein, and given the lack of flammable fuel with the UAS operated by Vineyard Aviation , any risk

associated with these operations is far less than those that presently exist with conventional aircraft. An

equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the

controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight

operations will be restricted to 400 feet AGL or below. The UAS will be operated over private or

controlled access pr operty with permission from the land owner/controller or authorized representative and

all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless

that person is in a position where he or she is shielde d from the UAS and any possible debris resulting from

UAS failure. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless

the property owner/controller has granted permission and the PIC has made a safety assessment of the risk

of operating closer to those objects and, operations near the PIC or Observer will not present an undue

hazard per § 91.119(a). As a whole, these requirements ensure a level of safety better than or equal to the

rules from which exemption is soug ht.

I. 14 C.F.R. § 91.121: Altimeter Settings

Vineyard Aviation seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the ele vation of

the departure airport or barometric pressure. An exemption is required to the extent that the UAS does not

have a barometric altimeter, but rather a GPS altitude read out.

The FAA has stated that an equivalent level of safety to the requirement s of 14 C.F.R. § 91.121 can be

achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within

VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based

on

- screen display an d, (4) where prior to each flight, a zero altitude initiation point is established for the

PIC to confirm accuracy of the onboard GPS. See Grant of Exemption to Astraeus Aerial, Docket No.

FAA

- 2014

- 0352 at 21

.

The UAS that Vineyard Aviation uses for performing the proposed UAS operations will meet all these

operational char acteristics. Moreover, the PIC will calibrate the aircraft's GPS compass prior to each flight

operation. Like the Grant of Exempt ion to Astraeus Aerial, the UAS Vi neyard Aviation intends to use

ensure s that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of

§ 191.121 is therefore appropriate. See ( Phantom 3 Professional User Manual v1.0 pages 44, 45 "Calibrating

the Comp ass ).Vineyard Aviation, LLC Section 333 Exemption Petition

12 J. 14 C.F.R. § 91.151(a): Fuel Requiremen ts for Flight in VFR Conditions

Vineyard Aviation requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering w ind and

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and,

a ssuming normal cruising speed

–

(1) During the day, to fly afte r that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can

be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements

of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has stated that an equivalent level of safety can be achieved by requiring that each UAS operation be

completed within 30 minutes flight time or with 20% battery power remaining, whichever occurs first. See

Grant of Exemption to Clayco, Inc., Docket No. FAA

- 2014

- 0507 at 15. Vineyard Aviation intends to conform

to this limitation, and therefore provides an equivalent level of safety. In addition, the D JI Phantom 3

Professional utilizes many failsafe features to ensure adequate energy reserves for safe return including: Low

Battery Warning, Critical Battery Warning, and a Low Battery Return To Home (RTH) feature ( Phantom 3

Professional User Manual v1.0 p ages 12, 13 ).

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):

Maintenance Inspections

Vineyard Aviation seeks an exemption from the maintenance inspection requirements contained in 14

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that

each owner or operator of an aircraft s hall have the aircraft inspected as prescribed in subpart E of this part

and shall between required inspections have discrepancies repaired as prescribed in part 43 of this cha pter )

. An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft

with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not

have.

An equivalent level of safety wil l be ac hieved due to maintenance a nd inspections performed in accordance

with the Manufacturer's Manuals and any required manufacturer Safet y or Service Bulletins. Furthermore,

the PIC will conduct a pre

- flight inspection of the UAS and all associat ed equ ipment to account for

discrepancies and/or inoperable components. Maintenance will be performed and verified to address any

conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until allVineyard Aviation, LLC Section 333 Exemption Petition

13 flight critical component s of the UAS have been found to be airworthy and in a condition safe for

operation. A functional test flight will be conducted following the replacement of any flight

- critical

components. T he PIC who conducts the functional test flight will make an entry in the UAS aircraft

records of the flight.

VI. Public Sa fety, Interest , and Benefit

Vineyard Aviation' s Petition for Exemption will be in the interest of public safety and contribute to the

innovation and implementation of new safety protocols for UAS operators. Congress has established a

national policy that favors early integration of UAS into the NAS in controlled, safe working environments

such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in

passing Section 333(a) through (c) of the Reform Act

— the FAA Administrator's assessment of whether

certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking. The

granting of this petition will also help lead the way for a better controlled environment in the commercial

use of UASs.

The proposed UAS operations in this Petition for Exemption significantly improve safety and reduce risk

by alleviating the public's exposure to danger and emissions associated with traditional agricultural & real

estate aeria l survey and inspection methods. Specifically speaking, full size fix ed

- wing aircraft and

rotorcraft are traditionally used for these types of surveys. Vineyard Aviation intends to use a battery

powered light weight quad

- copter which create s no emissions. Moreover, in the unlikely eve nt that the

Petitioner has a UAS cra sh, there is no fuel to ignite and explode. Any incident involvi ng the Petitioner's

lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than

one that would involve a full size helicopte r or fixed

- wing air craft

.

Moreover, the agricultural modeling and imaging r esulting from Vineyard Aviation's UAS will prov ide

farmers and growers with valuable information needed so that they can produce more from their land while

conserving valuable resources like water and energy. The ability to pinpoint and precision spray pesticides

reduces human exposure to pesticides and also mitigates negative side

- effects on the ecology of the farm

associated with overuse of pesticides. The public as a whole will benefit from an ag ricultural industry that

can harness the power of new technologies to produce better crops in a cost

- effective, sustainable and

environmentally conscious manner.

Vineyard Aviation's imaging capabilities will also provide builder and community geographica l awareness

in real estate development. The use of a UAS will provide a more cost

- effective method of imaging that

isn't afforded to small private business, allowing them to be more competitive in the marketplace. A small

UAS without people on board will also allow the operator to obtain images that aren't currently able to be

viewed without extreme measures via helicopter or fixed

- winged aircraft. The small size and extreme

maneuverability of the UAS will allow the PIC to avoid hazards quickly and safely without the risks of

catastrophic crash associated with full scale aircraft.Vineyard Aviation, LLC Section 333 Exemption Petition

14 VII. Privacy

All Vineyard Aviation's UAS operations will be conducted in accordance with applicable federal, state, or local

laws regarding privacy. Vineyard Aviation will not conduct flight operations over property that it does not own

or control without the prior consent and knowledge of the property owner.

VIII. UAS Manufacturer's ManualVineyard Aviation, LLC Section 333 Exemption Petition

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72 IX. Summa ry the FAA may publish in Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rul es in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119;

91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 ( a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the

substantial hazards associated with performing equivalent agricultural aerial surveys and inspections with

conventional fixed

- wing aircraft, r otorcraft, or other methods.

X. Conclusion

V i n e y a r d A v i a t i o n ' s Petition for Exemption satisfies the criteria articulated in Section 333 of the

Re form Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated

areas, operation within VLOS and national security. The proposed UAS operations will benefit the public

as a whole by improving safety and reducing risk b y alleviating human exposure to danger a n d h a v i n g a

c u r r e n t F A A A T P r a t e d P I C a c t i v e l y i n v o l v e d i n t h e U A S b u s i n e s s c o m m u n i t y . In consideration of the

foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting

the requested exemptions allowing V i n e y a r d A v i a t i o n to use UASs for aerial imaging to enhance

individu al and company awareness in relation to agricultural, geological

, and real estate survey and

inspection

.

I thank you for your prompt consideration of t h e requested exemptions. Should you have any

questions, or if you need any additional information to support the requested exemptions, please f e e l f r e e t o

contact m e at:

Vineyard Aviation, LLC

c/o Justin Burrell

13253 Saint Tropez Circle

Palm Beach Gardens, Fl 33410

Tel: 504

- 453

- 8254

Email: jburr737@gmail.com