1

March 14 , 2016

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

JCR PROFESSIONAL SERVICES REQUEST FOR AN EXEMPTION FROM CERTAIN

R EQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS AS SET
FORTH HEREIN FOR THE COMM ERCIAL OPERATION OF UN MAN NED AIRCRAFT
SYSTEM S PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND
REFORM ACT OF 2012

Jason Melvin , Esq.
Counsel for James Reyes / JCR Professional Services Texas Drone Lawyer Melvin Legal, PLLC
9111 Cochran Bluff Lane Dallas, Texas 75220
469

- 766

- 3502 jason@txdronelawyer.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS..........................................

.......... .........................................3

SUMMARY.............................................................................................

.......... ..............................4

INTRODUCTION AND INTERESTS OF PETITIONER.........................

......... ...........................4

BACKGROUND.......................................................................................

......... .............................4

BASIS FOR PETITION............................................................................

......... .............................5

NAME AND ADDRESS OF PETITIONER.......................

............ ........... .......... ........................... 5

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS

EX EMPTION........................................

.......................... .............. ................. ... . ......... .... ......... ....... 5

THE EXTENT OF RELIEF AND THE REASON PETITIONER SEEKS THE

R ELIEF...

................ . .............. .................................................................. ..... ....... ....... .. ........ . .. ... 14

THE REASONS WHY GRANTING PETITIONER’S REQUEST S WOULD BE IN THE

PUBLIC INTEREST.

....................... ............ ........... .............. ........ .............. .. ........... ....... .......... ... .1 6

THE REASONS WHY GRANTING THE EXEMPTION TO PETITIONER WOU LD NOT

ADVE RSELY AFFECT SAFETY.....

. .................................. ............................ ... .... . ... ....... . ..... .... 1 8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...

. . ........ ...... .. .. . . .. 2 3

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT PETITIONER’S R EQUEST S

... ... ... ........ ............................... .. ..... ... . ......... ..... .. . . ... 2 4

CONCLUSION........................................................................................................

. .... . ... ...... . . ... . . 2 43 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Ai r Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning System
LO L Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA)
SO Safety Observer
SOP Standard Operating Procedures
UA / UAV Unmanned Aerial Vehicle a/k/a Unmanned Aircraft
UAS Unmanned Aircraft System(s) as defined herein.
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing4 SUMMARY

In accordance with current FAA guidance and practice, JCR Professional Services (“ JCR” or

“Pet itioner”) seeks exemption from certain requirements of 14 C.F.R in order t o operate Unmanned Aircraft System (s) pursuant to Section 333 of the FAA Modernization a nd Reform Act of 2012 (FMRA). This exemption will permit Petitioner to operate Unmanned Aircraft System s (UAS) for the commercial purpose of conducting aerial data collection 1 o ver certain

areas of the United States

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Petitioner is an organization residing in San Antonio, Texas that desires to utilize UAV to conduct video, photo and other aerial data collection flight operations in certain locations throughout the United States. Petitioner will primarily uti lize the UAV’s listed within in conjunction with its business of lawn care, tree service, real estate consulting, grounds maintenance, facility maintenance

, and property management. Petitioner’s primary objective is

to utilize U nmanned Aircraft System ae rial operations to provide a n affordable and safe

alternative to traditional methods of aerial data collection operations

.

BACKGROUND

Petitioner seeks relief as stated herein to operate t he following UAV for compensation or

hire within the NAS. These aircraft are v ert ical takeoff and landing (VTOL) UAV with a Ground Control Station (GCS). These aircraft have the following specifications:

Make & Model Inspire 1 Pro /RAW 2 Phantom 4 3
Maximum Gross Weight 7.5 Pounds 3.04 Pounds Maximum Speed 35 Knots 39 Knots Diagonal Length 22 Inches 23 Inches (approximately) Propulsion Electric motors (4) each (direct) driving one propeller. Electric motors (4 ) each (direct) driving one propeller. Battery Type Lithium Polymer Lithium Polymer Maximum Flight Time 15 Minutes 28 Minutes Signal Loss
Characteristics Upon signal loss the UAS, using GPS signal, will climb (or descend) to the user input Failsafe altitude, return to the user input Home position,
descend and land. Upon signal loss the UAS, using GPS signal, will climb (or descend) to the user input Failsafe altitude, return to the user input Home position, descend and land.

Flight Controller 2.4~2.483 ghz 5.725~5.825ghz 2.4~2.483 ghz

1 Used throughout as defined by the FAA in Exemption No. 12820: “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 (prec ision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.”

2 Multiple Section 333’s have been granted for the Inspire and Phantom UAS family

. These t wo models ar e not on the latest Approved UAS list; however, these models are substantially similar to the other Phantom and Inspire units
on the current Approved UAS List: h ttp://www.regulations.gov/#!documentDetail;D=FAA

- 2007

- 3330

- 0007

3 See above.5 BASIS FOR PETITION

Petitioner, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administra tor to commercially operate certain UAS, as noted herein, in the National Airspace System (NAS), and for an exemption from the following requirements of 14 C.F.R :

43.7 43.11 45.23 (b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4)

61.1 01(e)(5) 61.113(a) 61.315(a) 91.7(a) 91.9(b)(2) 91.9(c) 91.105 91.109(a) 91.113(b) 91.119(c) 91.121 91.151(a) (1) 91.151(b) 91.203(a) 91.203(b) 91.215 91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2)
91.417(a) 91.417(b)

Petitioner submits that the requested relief is proper since ; an equivalent level of safety will be ensured , there will be no adverse impact on safety, and the relief requested is in the public interest

. Therefore, i n accordance with 14 C.F.R. § 11.81, Petitioner provides the

follow ing information in support of its petition for exemption:



### A. Name a nd Address o f t he Petitioner.

JCR Professional Services James Reyes 15507 Big Trail Drive San Antonio, Texas 78232



### B. The Specific Sections Of 14 C.F.R. From Which Petitioner Seeks Exemption.

1. Petitioner Seeks Exemption From The Requirements Of Sections 43.7 and 43.11.

§43.7 Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration. (a) Except as provided in this section and §43.17, no person, other than the Administrator, may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for retu rn to service after it has undergone maintenance, preventive maintenance, rebuilding, or alteration. (b) The holder of a mechanic certificate or an inspection authorization may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service as provided in Part 65 of this chapter. (c) The holder of a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service as provided in Par t 145 of this chapter. (d) A manufacturer may approve for return to service any aircraft, airframe, aircraft engine, propeller, appliance, or component part which that manufacturer has worked on under6

§43.3(j). However, except for minor alterations, the wo rk must have been done in accordance with technical data approved by the Administrator. (e) The holder of an air carrier operating certificate or an operating certificate issued under Part 121 or 135, may approve an aircraft, airframe, aircraft engine, pro peller, appliance, or component part for return to service as provided in Part 121 or 135 of this chapter, as applicable. (f) A person holding at least a private pilot certificate may approve an aircraft for return to service after performing preventive ma intenance under the provisions of §43.3(g). (g) The holder of a repairman certificate (light

- sport aircraft) with a maintenance rating may approve an aircraft issued a special airworthiness certificate in light

- sport category for return to service, as prov ided in part 65 of this chapter. (h) The holder of at least a sport pilot certificate may approve an aircraft owned or operated by that pilot and issued a special airworthiness certificate in the light

- sport category for return to service after performing preventive maintenance under the provisions of §43.3(g).

§43.11 Content, form, and disposition of records for inspections conducted under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter. (a) Maintenance record entries. The person approv ing or disapproving for return to service an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any inspection performed in accordance with part 91, 125, §135.411(a)(1), or §135.419 shall make an entry in the maintenance rec ord of that equipment containing the following
information: (1) The type of inspection and a brief description of the extent of the inspection. (2) The date of the inspection and aircraft total time in service. (3) The signature, the certificate number, an d kind of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part, or portions thereof. (4) Except for progressive inspections, if the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement

— “I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in airworthy condition.” (5) Except for pr ogressive inspections, if the aircraft is not approved for return to service because of needed maintenance, noncompliance with applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement

— “I cer tify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or operator.” (6) For progressive inspections, the following or a similarly worded statement

— “I certify that in accordance with a progressive inspection program, a routine inspection of (identify whether aircraft or components) and a detailed inspection of (identify components) were performed and the (aircraft or compon ents) are (approved or disapproved) for return to service.” If disapproved, the entry will further state “and a list of discrepancies and unairworthy items dated (date) has been provided to the aircraft owner or operator.” (7) If an inspection is conducted under an inspection program provided for in part 91, 125, or §135.411 (a)(1), the entry must identify the inspection program, that part of the inspection program accomplished, and contain a statement that the inspection was performed in
accordance with th e inspections and procedures for that particular program.7

(b) Listing of discrepancies and placards. If the person performing any inspection required by part 91 or 125 or §135.411(a)(1) of this chapter finds that the aircraft is unairworthy or does not meet the applicable type certificate data, airworthiness directives, or other approved data upon which its airworthiness depends, that persons must give the owner or lessee a signed and dated list of those discrepancies. For those items permit ted to be inoperative under §91.213(d)(2) of this chapter, that person shall place a placard, that meets the aircraft's airworthiness certification regulations, on each inoperative instrument and the cockpit control of each item of inoperative equipment, m arking it “Inoperative,” and shall add the items to the signed and dated list of discrepancies given to the owner or lessee.

2

. Petitioner Seeks Exemption From The Requirements Of Sections 45.23 (b)
, 45.27
, 45.29
, and 91.9(c)

.
§45.23 Display of marks; general. (b) 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

- sport,” “experimental,” or “provisional,” as applicable.

§45.27 Location o f marks; nonfixed

- wing aircraft. (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. (b) Airships. Each operator of an airship must display on that airship the marks required by §45.23, horizontally on

— (1) The upper surface of the right horizontal stabilizer and on the under surface of the left horizontal stabilizer with the top of the marks toward the leading edge of each stabilizer;
and (2) Each side of the bottom half of the vertical stabilizer. (c) Spherical balloons. Each operator of a spherical balloon must display the marks required by §45.23 in two places diametrically opposite and near the maximum horizontal
circumference of t hat balloon. (d) Nonspherical balloons. Each operator of a nonspherical balloon must display the marks required by §45.23 on each side of the balloon near its maximum cross section and immediately above either the rigging band or the points of attachment o f the basket or cabin suspension cables. (e) Powered parachutes and weight

- shift

- control aircraft. Each operator of a powered parachute or a weight

- shift

- control aircraft must display the marks required by §§45.23 and 45.29(b)(2) of this part. The marks mu st be displayed in two diametrically opposite positions on the fuselage, a structural member, or a component of the aircraft and must be visible from
the side of the aircraft.

§45.29 Size of marks. (a) Except as provided in paragraph (f) of this section , each operator of an aircraft must display marks on the aircraft meeting the size requirements of this section. (b) Height. Except as provided in paragraph (h) of this part, the nationality and registration marks must be of equal height and on

— (1) Fixed

- wing aircraft, must be at least 12 inches high, except that:8

(i) An aircraft displaying marks at least 2 inches high before November 1, 1981 and an aircraft manufactured after November 2, 1981, but before January 1, 1983, may display those
marks until the aircraft is repainted or the marks are repainted, restored, or changed; (ii) Marks at least 3 inches high may be displayed on a glider; (iii) Marks at least 3 inches high may be displayed on an aircraft for which the FAA has issued an experimental certific ate under §21.191 (d), §21.191 (g), or §21.191 (i) of this chapter to operate as an exhibition aircraft, an amateur

- built aircraft, or a light

- sport aircraft when the maximum cruising speed of the aircraft does not exceed 180 knots CAS; and (iv) Marks may be displayed on an exhibition, antique, or other aircraft in accordance with §45.22. (2) Airships, spherical balloons, nonspherical balloons, powered parachutes, and weight

shift

- control aircraft must be at least 3 inches high; and (3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying before April 18, 1983, marks required by §45.29(b)(3) in effect on April 17, 1983, and rotorcraft manufactured on or after April 18, 1983, but before December 31, 1983, may display those
marks unti l the aircraft is repainted or the marks are repainted, restored, or changed. (c) Width. Characters must be two

- thirds as wide as they are high, except the number “1”, which must be one

- sixth as wide as it is high, and the letters “M” and “W” which may be as wide as they are high. (d) Thickness. Characters must be formed by solid lines one

- sixth as thick as the character is high. (e) Spacing. The space between each character may not be less than one

- fourth of the
character width. (f) If either one of the surfaces authorized for displaying required marks under §45.25 is large enough for display of marks meeting the size requirements of this section and the other is not, full size marks must be placed on the larger surface. If neither surface is large enough
for full

- size marks, marks as large as practicable must be displayed on the larger of the two surfaces. If no surface authorized to be marked by §45.27 is large enough for full

- size marks, marks as large as practicable must be placed on the largest of the authorized surfaces. However, powered parachutes and weight

- shift

- control aircraft must display marks at least 3 inches high. (g) Uniformity. The marks required by this part for fixed

- wing aircraft must have the same height, width, thickness, and spacing on both sides of the aircraft. (h) After March 7, 1988, each operator of an aircraft penetrating an ADIZ or DEWIZ must display on that aircraft temporary or permanent nationality and registration marks at least 12 inches high.

§91.9 Civil aircraft fligh t manual, marking, and placard requirements. (c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

3

. Petitioner Seeks Exemption From The Requirements Of Section 61.23(a), (c), 61.101 (e)(4), (e)(5)
, 61.113(a)
, and 61.315(a)

.
§61.23 Medical certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person

— (c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person must hold and possess either a medical certificate issued under part 67 of this chapter

or a U.S. driver's license when

—9

§61.101 Recreational pilot privileges and limitations

. (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (4) For compensation or hire; (5) In furtherance of a business;

§61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may tha t person, for compensation or hire, act as pilot in command of an aircraft.

§61.315 What are the privileges and limits of my sport pilot certificate? (a) If you hold a sport pilot certificate you may act as pilot in command of a light

sport aircraft, except as specified in paragraph (c) of this section.

4

. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a).

§ 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

5

. Petitioner Seeks Exemption From The Requirements Of Section 91 .9(b)(2)

.
§91.9 Civil aircraft flight manual, marking, and placard requirements. (b) No person may operate a U.S.

- registered civil aircraft

— (2) For which an Airplane or Rotorcraft Flight Manual is not 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, ma rkings, and placards, or any combination
thereof.

6

. Petitioner Seeks Exemption From The Requirements Of Section 91 .105.

§91.105 Flight crewmembers at stations. (a) During takeoff and landing, and while en route, each required flight crewmember
shall

— ( 1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened while at the crewmember station. (b) Each re quired flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The crewmember would be unable to perform required duties with the shoulder
harness fastened.

7

. Petitioner Seeks Exemption From The Requirements Of Section 91 .109 (a)

.
§91.109 Flight instruction; Simulated instrument flight and certain flight tests. (a) No 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. However,10

instrument flight instructio n may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

— [.]

8

. Petitioner Seeks Exemption From The Requirements Of Section 91 .113(b).

§91.113 Right

- of

- way rules: Except water operations. (b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operatin g an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of

- way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.

9

. Petitioner Seeks Exempti on From The Requirements Of Section 91.119(c) and 91.121.

§91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

§91.121 Altimeter settings. (a) Each person o perating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; [.]

10

. Petitioner Seeks Exemption From The Requirements Of Section 91.151 (a) and (b).

§91.151 Fuel requirements for flight in VFR conditions. (a) No person may begin 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 norma l cruising speed

— (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20
minutes.

11

. Petitioner Seeks Exemption From The Requirements Of Section 91 .203 (a) and (b)

.
§91.203 Civil aircraft: Certifications required. (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:11

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness
certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containi ng that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not hav e on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight
Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in §47.31(c), a Certificate of Aircraft registration as provided in part 48, or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

12

. Petitioner Seeks Exemption From The Requirements Of Section 91 .215.

§91.215 ATC tra nsponder and altitude reporting equipment and use. (a) All airspace: U.S.

- registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed must meet the performance
and environmental requirements of any class of TSO

- C74b (Mode A) or any class of TSO

C74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of
TSO

- C112 (Mode S). (b) All airspace. Unless otherwise authorized or directed by ATC, no person m ay operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interro gations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C

- 112, and that aircraf t is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100

- foot increments. This requirement applies

— (1) All aircra

ft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL; (3) Notwithstanding paragraph (b)(2) of t his section, any aircraft which was not originally certificated with an engine

- driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical m iles of an airport listed in appendix D, section 1 of this part provided such operations are conducted

— (i) Outside any Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and (4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and12

(5) All aircraft except any aircraft which was not originally certificated with an engine

driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the Distric t of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and (ii) In the airspace from the surface to 10,000 feet MSL within a 10

- nautical

- mile radius of any airport listed in appendix D, section 2 of th is part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport. (c) Transponder

- on operation. While in the airspace as specified in paragraph (b) of this
section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained in accordance with §91.413 of this part shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate

c ode or as assigned by ATC. (d) ATC authorized deviations. Requests for ATC authorized deviations must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows: [.] (1) For operation of an airc raft with an operating transponder but without operating automatic pressure altitude reporting equipment having a Mode C capability, the request may be made at any time. (2) For operation of an aircraft with an inoperative transponder to the airport of ult imate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time. (3) For operation of an aircraft that is not equipped with a transponder, the request must
be mad e at least one hour before the proposed operation.

13

. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

§91.405 Maintenance required. Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; [.]

1 4

. Petitioner Seeks Exemption From The Requirements Of Section 9 1.407(a)(1)

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; and [.]

1 5

. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

§91.409 Inspections. (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person author ized by §43.7 of this chapter; or13

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

1 6

. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

§91.417 Maintenan ce records. (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b)
of this section: (1) Records of the maintenance, preventive main tenance, and alteration and records of
the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of
an aircraft. The records mu st include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return
to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, includi ng the time since the last inspection required by the inspection program under which the aircraft and its appliances are
maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major al teration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be re tained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and
transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to
service.14



### C. The Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks

The Relief.

1. Petitioner Seeks Relief From Sections 43.7 and 43.11

. Petitioner seeks relief from 43.7 to the extent that it requires FAA certified maintenance professionals to approve an aircraft, airframe, engine, propeller, appliance o r component for return to service. Petitioner will conduct maintenance and inspections in accordance with the manufacturer’s guidelines. Petitioner also seeks relief from 43.11 to the same extent that it requires FAA certified maintenance professionals, and also, to the extent that it requires certain placards to be placed, as the physical size of UAV’s does not permit

such.

2. Petitioner Seeks Relief From Sections 45.23 (b)
, 45.27 , 45.29
, and 91.9(c)

. Petitioner is aware of the new regulations regarding registration and marking contained in 14 C.F.R. Part 48; however, based on reading the FAA website FAQ’s,

Petitioner believes that the web

- based registration system does not initially support registration of UAV used for commercial purposes. ( https://www.faa.gov/uas/registration/faqs/ ). 4 Given this, Petitioner intends to register all UAV it operates in accordance with 14 C.F.R Part 47; however, Petitioner seeks exemption

from 14 C.F.R. 45.23 (b)

, 45 .27, 45.29, and 91.9(c) as they relate to marking.

Given the physical size of the UAS, and the fact they have no cabin, cockpit or pilot station entrance, exemption is sought in accordance with past practice of the Administration in Exemption Nos. 8738, 10167 and 10700. In accordance with the instructions currently provided in the Section 333 Exemption grants, Petitioner will mark the UAV with identification numbers (N

- Numbers) that are as large as practicable. To the extent that the

web

- based system does eventually support registration of commercial oper ations, or as otherwise directed by the FAA, Petitioner will comply with Part 48.

3

. Petitioner Seeks Relief From Sections 61.23(a), (c), 61.101 (e)(4), (e)(5), 61.113(a), and 61.315(a).

Under current FAA guidance

, the PIC for UAV commercial operations is required to hold at least a sport pilot license with either a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession or the Federal government.

Relie f from Sections 61.23(a), (c), 61.101(e)(4), (e)(5), 61.113(a), (b) and 61.315(a) is requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate, as well as a current and valid airman medical certificate, or valid U.S . driver’s license, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

4 Q. Is the registration process different if you're a business versus a person? A. The new system does not yet support registration of small UAS used in connection with a business. It will in the future. In the meantime, these entities must continue to register using the paper

- based process.15

4

. Petitioner Seeks Relief Fr om Section 91.7(a).

Relief is requested to the extent required to all ow Petitioner to determine that the UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance

with the manufacturer’s operating documents (i.e., Maintenance Log and Instruction Manual).

Petitioner seeks the requested r elief because the UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure that the UAS are in airworthy condition based upon its compliance with the operating documents prior to eve ry flight, and further, determine that the aircraft are in condition for safe flight, as stated in the proposed conditions and limitations below.

5 . Petitioner Seeks Relief From Section 91 .9(b)(2).

Petitioner seeks an exemption in that it requires certain manuals, materials, markings and placards to be placed inside the aircraft. Given the small size of UAV’s, compliance is impossible. The equivalent documents will be kept on the ground with the PI C.

6 . Petitioner Seeks Relief From Section 91 .105.

Petitioner seeks an exemption to the extent this section requires crewmembers to be

on

- board the aircraft. UAV are unmanned, therefore, compliance is impossible.

7 . Petitioner Seeks Relief From Section 91 .109(a).

Petitioner seeks an exemption to the extent that this section requires fully functioning dual controls for training. UAV’s have ground based remote control systems rather than

traditional dual aircraft controls.

8 . Petitioner Seeks Relief From Section 91 .113(b).

Petitioner seeks an exemption so that the see

- and

- avoid function may be performed by , and assisted by, the visual observer (VO), and the VO may relay observations to the PIC. 5

9 . Petitioner Seeks Relief From Section 91.119(c) and 91.121.

Relief from Section 91.119(c) and 91.121 are required to allow flight operations of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Petitioner seeks the requested relief because the UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief is sought to the

extent neces sary to comply with the applicable conditions and limitations stated below.

Further, relief from 91.119(c) is needed with respect to those participating persons, vehicles and structures directly involved in the operations , and those directly participating in the intended purpose of the operation. Relief from the section is warranted as operations will

5 As called for by Section 8.2.1 of Interim Operational Approval Guidance 08

- 01 ( https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas /coa/faq/media/uas_guidance08

- 01.pdf )16

be conducted with adequate safety provisions as outlined herein and as required by the FAA. An equivalent level of safety will be maintained, and the FAA h as granted relief from this section for previous exemptions. For greater certainty, Petitioner intends to follow the guidelines set forth by the FAA in Exemption No. 11433A.

10

. Petitioner Seeks Relief From Section s 91.151(a) and (b).

Relief is request ed to the extent required to allow flights of the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of approximately 15 minutes. Without an exemption, due to battery life limitations, commercial flight of most UAV’s would be impossible.

11 . Petitioner Seeks Relief From S ection s 91 .203(a) and (b).

Petitioner seeks an exemption in that this section requires certain documentation be

carried about the aircraft. Given the physical size of most UAV’s, compliance with this section is impossible. Equivalent documentation will be kept on the ground with the PIC.

12 . Petitioner Seeks Relief From Section 91 .215.

Petitioner seeks an exemption from the transponder and altitude reporting equipment requirements of this section. There are currently no known commercially available transponders that are able to be carried onboard the UAV ’s contemplated being used by

Petitioner.

13 . Petitioner Seeks Relief From Section s 91 .405(a)
, 91.407(a)(1) , 9 1. 409(a)(1) And 91.409(a)(2), 91.417(a) And 91.417(b).

Sections 91.405(a), 91.407(a)(1), 91.40 9(a)(1), (a)(2), and 91.417(a) and (b) only apply to aircraft with an airworthiness certificate. Petitioner requests relief from these Sections because the UAS do not require airworthiness certificates. As has been noted by the FAA on multiple exemption grants, “the FAA finds that relief f rom 14 CFR Part 21... is not necessary.” 6



### D. The Reasons Why Granting Petitioner’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present p etition will further the public interest by allowing Pet itioner to safely, efficiently, and economically perform aerial data collection activities over certain areas of the United States. Additionally, use of the UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. T he benefits of Petitioner’s proposed operation of the UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Dec reased Congestion Of The NAS.

The UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing

the use of the U AS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

6 AHNTECH, Inc., Exemption No. 14520 at 2.17 Furthermore, by reducing the n umber of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The UAS.

Conducting aerial acquisitions with the UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By usi ng battery power and electric motors, the UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photo graphy, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather th an an internal combustion engine.

By using the UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from

the l ack of flight crew members located onboard the UAS have less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,00 0 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Data Collection Operations With The UAS Will Benefit The Economy.

In addition to being safe and efficient, the UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will

allow Unit ed States based companies and individuals, like Petitioner , to remain competitive and contribute to growth of the U.S. eco nomy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain c ompetitive. Operating the battery powered UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional

manned aircraf

t.

By operating the UAS, Petitioner c an remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S.

co mpanies, through commercial use of the UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States

and abroad.18

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Petitioner’s proposed operation of the UAS will not implicate any privacy issues.

T he UAS will be operated only in comp liance with operating documents, the proposed limitations herein (as may be amended by the FAA in the grant of exemption) and all other applicable Federal Aviation Regulations.



### E. The Reasons Why Granting The Exemption Would Not Adve rsely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Petitioner Seeks Exemption.

1. Reasons Why UA S Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Sect ion 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Petitioner submits that the UAS can operate safely

, and at an equivalent level of safety, in the NAS pursuant to FMRA Section 333, as demonstrated by the characteristics of the UAS, the proposed flight operations limitations, and the similarity to other Section 333 Exemptions that have been previously granted.

A . The Specifications Of The U AS Demonstrate Its Safe Characteristics.

The UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

W hen the communication with the GCS is lost, the UAS will return to the launch position and

land.

B . Flight Operations Will Be Conducted Pursuant To The Following Proposed Specific Operating Limitations.

1. Operations will b e limited to the UAV(s) identified within when weighing less than 55 pounds including payload and the equipment used to secure the payload. Proposed operations of any other aircraft will require a n ew petition or petition to amend

.

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 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 f eet 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 cer tificate or U.S. driver’s license.19

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 a lways 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 duration 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 limitation s 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 discrepancy exists between the conditio ns and limitations in this exemption 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 documen ts. 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 p resent updated and revised 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 peti tion for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating

documents.

8. Any UAS that has undergone maintenance or alterations that affect t he UAS operation or flight characteristics, 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 V O and must remain at least 500 feet 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 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. The pre

- flight inspection must account for all potential discrepancies, e.g., ino perable 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

conditio n for safe flight.

11. The operator m ust follow the UAS manufacturer 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 manuf acturer safety

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman20

medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, 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 any 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 emergenc y 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 VOs (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 training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA w ith appropriate distance from nonparticipants 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 conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the cente r of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter 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 air port 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 mi les from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least 1 mile. This requirement f or pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS si gnal, the UA must return to a pre

determined location within the private or controlled

- access property.

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC is prohibited from beginning a flight unless (consid ering 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 5 minutes or with the reserve power recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption21

holder may apply for a new or amended COA if it intends to conduct operations that cannot

be conducted under the terms of the enclosed COA.

23. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

24. Documents used by the operator to ensure the 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 Co ntrol Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

25. The UA must remain clear and give way to all manned aviation operations and activiti es at all times.

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

27. 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 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 structures has granted permission for opera ting 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 essential persons are not considered nonparti cipating persons under this exemption.

28. All operations shall be conducted over private or controlled

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

29. 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 Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

30. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

a. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.22 b. 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 over the area of proposed filming. The
3

- day notification may be waived with the concurrence of the FSDO. The plan
of activities must include at least the following:
i. Dates and times for all flights;
ii. Name and phone number of the operator for the UAS aerial filming conduc ted under this grant of exemption;
iii. Name and phone number of the person responsible for the on

- scene operation of
the UAS;
iv. Make, model, and serial or N−Number of UAS to be used;

v. Name and certificate number of UAS PICs involved in the aerial filming;
vi. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; vii. Signature of exemption hold er or representative; and
viii. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

c. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

31. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

32. Unless otherwise specified in the exemption, Petitioner, PIC, and the UAS will comply with all applicable parts of 14 CFR.

C

. Similarity To Other Previously Granted 333 Exemptions

Petitioner submits that the relief requested herein, as applied to the UAS Petitioner proposes to operate, and under the conditions stated above, provide a level of safety that is equivalent to or high er than current manned aircraft operations.

As set forth in the table below, the FAA has previously found an equivalent level of safety and granted the requested relief in previously issued Section 333 grants for UAV operations under the same or similar circumstances

.
FAR Section(s) Exemption (s) Granting Requested Relief
43.7 Nos. 13366, 13365, 12474, 12422
43.11 Nos. 13366, 13365, 12474, 12422
45.23 (b) No. 11433A
45.27 Nos. 13366, 13365, 12474, 1242223

45.29 Nos. 13366, 13365, 12474, 12422 61.23(a) No. 11433A 61.23(c) No. 11433A 61.101(e)(4) No. 11433A 61.101(e)(5) No. 11433A 61.113(a) No. 11433A 61.315(a) No. 11433A 91.7(a) Nos. 11433A , 13366, 13365, 12474, 12422 91.9(b)(2) Nos. 11433A, 13366, 13365, 12474, 12422 91.9(c) Nos. 13366, 13365, 12474, 12422
91.105 Nos. 13366, 13365, 12474, 12422 91.109(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.113(b) Nos. 13366, 13365, 12474, 12422 91.119(c) Nos. 11433A, 13366, 13365, 12474, 12422
91.121 Nos. 11433A, 13366, 13365, 12474, 12422 91.151(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422 91.151(b) No. 11448 91.203(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.203(b) Nos. 11433A, 13366, 13365, 12474, 12422
91.215 Nos. 13366, 13365, 12474, 12422 91.405(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.407(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422 91.409(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422 91.409(a)(2) Nos. 11433A, 13366, 13365, 12474, 12422 91.417(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.417(b) Nos. 11433A, 13366, 13365, 12474, 12422

I n accordance with FMRA Section 333 the FAA may prescribe special conditions for
Petitioner’s i ntended operation of the UAS that contain standards that the Administrator finds establish an equivalent level of safety. To the extent t hat the FAA may find Petitioner’s proposed operations lack equivalency, Petitioner requests that the FAA issue the grant of exemption with the appropriate equivalency limitations.

A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which Petitioner Seeks Exemption:

Petitioner JCR Professional Services seeks exemption from the requirements of the following Sections of 14 C.F.R :

43.7 43.11 45.23(b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4) 61.101(e)(5) 61.113(a) 61.315(a) 91.7(a) 91.9(b)(2) 91.9(c) 91.105 91.109(a) 91.113(b) 91.119(c) 91.121 91.151(a)(1) 91.151(b) 91.203(a) 91.203(b) 91.21524

91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2) 91.417(a) 91.417(b)

A Brief Description Of The Nature Of The Exemption Petitioner Seeks:

This exemption will permit Petitioner JCR Professional Services to commercially operate Unmanned Aircraft System (s) (UAS) for the purpose of conducting aerial data collection operations o ver certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support Petitioner’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, JCR Professional Services seeks request for exemption pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth within

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

As discussed in detail above, JCR Professional Services will operate the UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth h erein, Petitioner seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the UAS identified herein for the purpose of conducting aerial data collection

op erations over certain areas of the United States

. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the inter ests of the public, by allowing Petitioner to safely, efficiently, and economically operate the UAS within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner JCR Professional Services
respect f ully requests that the Administrator grant this Petition for an exemption from the requirements of certain 14 C.F.R Sections as identified within

.

Dated: March 14 , 201625

Respectfully submitted,

Jason B. Melvin
Counsel for JCR Professional Services Texas Drone Lawyer Melvin Legal, PLLC
9111 Cochran Bluff Lane Dallas, Texas 75220
469

- 766

- 3502 jason@txdronelawyer.com