Sept 1 9 , 2015

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

Re: Petition of FourProps for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and
14 C.F.R. Part 11, FourProps hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to allow comm ercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting aerial real

estate photography and inspection for residential

, commercial and industrial properties.

This petition for exemption i s made based on information outlined in this Petition for Exemption, as well as the accompanying FourProps documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals (collectively 2 and 3 are referred to as " FOUR PROPS ' Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 (collectively 3 and 4 are referred to as "Manufacturer's Manuals").

FourProps submits these supporting materials as confidential documents pursuant to 14C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that FourProps has not and will not share with other requesting parties. Additionally, these d ocuments contain operating conditions and procedures that are not generally available to the public and are protected fr om release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq.

1 . The term "Man ufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bull etins

.U.S Department of Transportation

Sept 1 9, 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Ae rial Real Estate Videography, Photography and Ins pections

III. Relevant Statutory Authority

IV. FourProps ’ Proposed UAS Operations Meet the Requirements of Section

333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Req FourProps sted

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

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

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

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

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

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C. F.R. § 61.113: Private Pilot Privileges and

Limitations

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

G. 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 Regi stration

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

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

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

L. 14 C.F.R. § 91.151(a): Fue l Requirements for Flight in VFR Conditions

V1. Dru g and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S Department of Transportation

Sept 1 9, 2015 Page 3

I. DESCRIPTION OF PETITIONER

FourProps is an aerial photo/videography service provider, based in Norton, Massachusetts. Principal Tom Shipley has been flying UAV’s for more than two years, flying two to three times per week. Tom Shipley has also built from the ground up a UAS platform for a better understanding of how the UAS operates. FourProps ’ staff includes Tom Shipley as Principal &

Chie f Pilot, a photogra pher and field assistant (set up, spotter, safety focal)

.

FourProps ’ services include offering aerial video and photo services to property and bus i ness owners for advertising and promotional purposes, commercial art, and stock footage

FourProps ’ staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.
All of the equipment owned by FourProps is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. FourProps ’ goal is to advise the perspective client that FourProps is following all the applicable state and federal rules to ensure the safety of the public while prov iding the client with a competitive and cost effective product.

FourProps seeks an exemption to allow for photography, videography and services for the

services for the FourProps and other related media products.

The contact information for Petitioner is as follows:

Tom Shipley FourProps

85 Elm St
Norton, MA, 02766 sendtotes@gmail.com ( 508 ) 944

. 3516

II. DESCRIPTION OF PROPOSED OPERATION

FourProps seeks an exemption pursuant to Section 333 of the Reform Act to operate the Phantom

2

, H4

- 3D Gimbal and IOS D Mini (referred to FP

- UAS ) ( all under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property where FourProps has received verifiable permission to operate

from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption

and FourProps ’ Operations Manuals. As detailed in FourProps ’ Operations Manu als, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 mm away from an airport reference point

. Moreover, FourProps ’ Operations Manuals in corporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Real Estate Aer ial Photography, Videography and Inspection ServiceU.S Department of Transportation

Sept 1 9, 2015 Page 4

FourProps seeks to use s mall FP

- UAS s for the purpose of conducting aerial real estate,

comme r cial art, stock video footage and location scouting videography

. FourProps seeks to use

small FP

- UAS s for the purpose of conducting aerial photogrammetry for safety monitoring of

co n tro lled access industrial and construction sites, and infrastructures. FourProps has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the motion picture and television filmmaking indu s try, including :

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherman (Exemption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )

All UAS real estate photography and videography operations will occur on private property in a

co ntrolled area away from spectators and persons not involved in the film making process . In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, FourProps ’ operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Sma ll UAS real estate video production is also safer than traditional manned aircraft perfor m ing the same function. Videographer

- inspectors also are req uired to climb roof tops

, trees, or otherwise perform elevated work, which exposes them to the risk of dang erous falls,

ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often invo lves a risk of exposure to hazardous

conditions . The use of UAS s mitigates these hazards and is ultimately a much safer and cost

efficient method of performing these and most other types of i n spections.

Moreover, c onventional operations using rotorcraft a nd fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of f ue l which inherently presents significant fire hazards as well as exposure to othe r chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more rob ust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS real estate video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data wit h greater precision and duration at a very low

cost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be

inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUT ORY AUTHORITYU.S Department of Transportation

Sept 1 9, 2015 Page 5

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 sy stems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considera tions:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a req FourProps sted exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S .C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party req FourProps sting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect

safet y (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. FOURPROPS ’ PROPOSED FP

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small FP

- UAS operat ions proposed by FourProps as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS' s Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS due to their size weight, speed, and operational capability.

 The UAS utilize d by FourProps have been approv ed for use in prior S ection 333

Grants of Exemption from the FAA. 2

 The UAS weigh less th an 55 pounds, including payload

 The UAS s will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138); Grant of Exemption to Alon Sicherman (Exemption No. 11728); Grant of Exemption to Sokoler Medly (Exemption No. 11341).U.S Department of Transportation

Sept 1 9, 2015 Page 6

altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The FP

- UAS s will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The r adio f

r e qu e n c ies used for operations and control of the FP

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating f r e qu e n c ies for the FP

- UAS is 2.4 GHz

f r e qu e n c ies bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the

FP

- UAS and a helicopter significantly reduces the potential harm to the pa rticipating and non

participating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in FourProps ’ Operations ManualsU.S Department of Transportation

Sept 1 9, 2015 Page 7

FourProps ’ Operations Manuals and the Manufacturer's Manual for the selected FP

- UAS s will contain all the procedures and limitations necessary to safely and successfully p erform the operations specified in this Petition for Exemption. To assist the FAA in making a safety

assessment of FourProps ’ proposed operations, below is a summary of operational limitations

and conditions that FourProps will adhere to, and which will en sure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The FP

- UAS s weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable p ermission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained

for each scheduled flight prior to operation

.

3. All UASs operated under the Grant of Exemption will 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 will be as large as practicable.

4. Minimum crew for each flight operation will con sist of a pilot, who will be Pilot

- in Command ("PIC") of the FP

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess at least a Sport or Private Pilot's Certificate and shall possess at
least a current Class III Medical Certificate and/or a valid and current driver’s license

within the United States . The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot

certi ficate.

6. The FP

- UAS s shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- Class II medical certificate and/or a valid and curr ent
driver’s license within the United States

.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requiremen ts identified in the Grant of Exemption shall be added to

the FourProps ’ Operations Manuals.U.S Department of Transportation

Sept 1 9, 2015 Page 8

The Operations Manuals will be maintained and made available to the Administrator

upon re q u e st . If a discrepancy exists between the conditions and limitations in the Grant of Exemption and FourProps ’ Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, FourProps shall follow the procedures outlined in their Operations

Manuals.

10. Four Props may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon re q u e st

. FourProps will also present an updated and revised Operations Manuals if it pet i tions

for ext ension or amen d ment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, FourProps will seek an amendment to its Grant of Exemption. FourProps will contact the FAA’s UAS Integration Office (AFS

- 80) if questions arise regarding updates or revisions to the

ope r ating documents.

11. FourProps Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the FP

- UAS is operating.

12. The PIC is prohibited from beginning a FP

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flig ht time for each operational flight using the FP

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 10 0 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essen tial 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 re main under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;U.S Department of Transportation

Sept 1 9, 2015 Page 9

b. The aircraft is operated near vessels, vehicles or structures wh ere the

owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations near er to the PIC, VO, operator trainees or essential persons do not present an und ue hazard to those persons per § 91.119(a).

16. The FP

- UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The FP

- UAS may not operate within 5 nm of an airport reference point as denoted on

a current FAA

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

.

18. Prior to each flight the PIC shall inspect the FP

- UAS s to confirm that i t is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PI C shall not

operate any FP

- UAS s if the inspection reveals a condition that affects the safe operation of the FP

- UAS until the necessary maintenance has been performed and the

FP

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as required by FourProps ’ Operations

Manuals.

19. FourProps will timely carry out its maintenance, inspections, and record keepin g requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the FP

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the

authori zed person returning the FP

- UAS to service.

20. Any FP

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with FourProps ’ Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and FP

- UAS record entry shall be incl uded in the FourProps ’ Operations

Manuals.U.S Department of Transportation

Sept 1 9, 2015 Page 10

21. The FP

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will b e created in accordance with the requirements on FourProps ’ Operations Manuals.

23. FourProps will obtain an Air Traffic Organization ("ATO") issu e d Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under th is Grant of Exemption. A NOTAM will be issu e d as required by the COA. All operations will be conducted in accordance with airspace requirements

in the ATO issu e d COA including class of airspace, altitude level and potential transponder requirements.

24. All r equired permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the FP

- UAS loses communication with the PIC , it will have the capa bility to safely

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The FP

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issu e d within the United States

.

29. Prior t o conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar FP

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of FP

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.U.S Department of Transportation

Sept 1 9, 2015 Page 11

31. Operations shall occur during daytime VFR Met eorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The FP

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralig ht vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. FP

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The FP

- UAS will not be operated from an elevated platform or moving

device/vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the FP

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ FOURPROPS STED

The Federal Aviation Act expressly grants the FAA the authority to iss FourProps exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, includin g UASs, from its safety regulations and minimum standards when the Administrator decides a req FourProps sted exemption is in the public interest. 3

FourProps seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulati ons ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the

req FourProps sted operations using FP

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

3 49 U.S.C. § 44701(f) (authorizing the grant of exemp tions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affe ct safety, or how the exemption would provide a level of safety at least equal to that

pr o vided by the rule from which you seek exemption.U.S Department of Transportation

Sept 1 9, 2015 Page 12

UNMANNED AIRCRAFT SYSTEM

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

– Airworthiness Certificates and 14 C.F .R. §91.203(a)(1)

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. The se criteria are met and in point

of fact exceeded

, and therefore no exemption is needed. 5 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 r e qu e ste d

.

Equivalent Level of Safety

FourProps ’ use of the FP

- UAS s are safe when taking into account their size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV(A), the FP

- UAS s weigh less than 55 p oun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The FP

- UAS s are also equipped with safety features

which will allow Petitioner to operate the FP

- UAS safely after experienc ing certain in

- flight contingencies or failu res as noted below

. 6 7

Additionally, the FP

- UAS s carry neither pilots nor passengers, carry no explosive materials or flammable liquid fue ls, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the paramet ers stated in FourProps ’ Operations Manuals

.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exempti on No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UA S is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent lev el of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5):

"The FM

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The AL

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

planned fl ight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over.

The petitioner states further that the UAS has built

- in intelligen t fault handling which allows the AL

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; an d low battery l evels. All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight contr ol system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."U.S Department of Transportation

Sept 1 9, 2015 Page 13

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

the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the ar ea of operation. FourProps will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation

of the FP

- UAS under the proposed conditions will be at least as safe as, or safer than,

convent ional rotorcraft operating with an airworthiness certificate

.

Lastly, the FP

- UAS s do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not

onboard the FP

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the FP

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

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

Title 1 4 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that FourProps ’ small FP

- UAS s would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the req uest for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

Sept 1 9, 2015 Page 14

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

Fou rProps 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 that:

No person may operate a U.S.

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

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

When marks include only the Roman capital letter "N" and the registrati on 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 no t less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "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 required by § 45.23.

In a previous Grant of Exemption, the FAA determi ned 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 are as large as practicable." 10

Equivalent Level of Safety

All FP

- U AS s flown by FourProps will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

10 FAA Docket No. FAA

- 2014

- 0352.

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

- 2014

- 0352, at 14.U.S Department of Transportation

Sept 1 9, 2015 Page 15

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

FourProps 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 chap ter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have

. ( Emphasis added)

Equival ent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by FourProps ’ Operations Manuals, the PIC will conduct a pre

- flight inspection of the FP

- UAS s and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any co nditions potentially affecting safe operation of the FP

UAS s and no flights will occur unless, and until, all flight critical components of the FP

- UAS s 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. As required by FourProps ’ Operations Manuals, the PIC who conducts the functional test flight will make an entry in the FP

- UAS aircraft records of the flight.

FourProps ’ Operations Man ual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics an d control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, FourProps ’ Operations Manuals also include procedures to

document and maintain a record of the FP

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the

FP

- UAS s used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in FourProps ’ Operations Manuals ensure that an equivalent or higher level of safety will be achieved.U.S Department of Transportation

Sept 1 9, 2015 Page 16

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

FourProps seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the FP

- UAS s will be operated as part of a commercial oper ation, they ca rr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the uniq ue characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requirin g the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS

opera tions are involved.

Equivalent Level of Safety

The restrictions FourProps has placed on its FP

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. FourProps will operate on private property away from persons and propert y not involved in the operation. FourProps will also obtain an

ATO is s u e d COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO is s u e d COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will

also be is s u e d as required by the applicable COA.

In addition to these flight restrictions, FourProps will further ensure safe operation by requiring that any PIC be thoroug hly versed not only in airspace and communication is s u e d pertaining to all aircraft operators but also in the uniq ue aspects of FP

- UAS flight. As set forth

in the Operations Manuals, pilots will have experience not only in FP

- UAS operations generally

but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of FourProps . The pilot qualification, training, and currency requirements in the Operations Manuals ens ure that FourProps pilots are competent and proficient in the FP

- UAS s they are operating. FourProps ’ training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level o f competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

Sept 1 9, 2015 Page 17

OPERATING PARAMETERS OF THE UAS

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

I nasmuch as there will be no airworthiness certifi cate is s u e d for the UASs, FourProps 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. 13 Accordingly, Petitioner req uest that the requirements for § 91.7(a) be treated in accordance with

Section V( A), supra.

G. 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 Rotorc raft 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 civil 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 authorization is s u e d under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the FP

- UAS s, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the FP

- UAS because there is simply no room and the FP

- UAS has no cabin or cockpit. As a way to comply with the code FourProps will maintain the documents with the PIC and make them available for inspection.

13 See Id. at 13

- 14, 22.U.S Department of Transportation

Sept 1 9, 2015 Page 18

Equivalent Level of Safety

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. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during

f light. 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.

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

FourProps seeks an exe mption 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 all informati on necessary to safely conduct the flight, an exemption is req uested to the extent that an FAA

approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the FourProps ’ Operations Manuals

an d the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the FourProps ’ Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Fli ght procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. FourProps ’ Operations Manuals and the Manufa cturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

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

14 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 D ocket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

Sept 1 9, 2015 Page 19

FourProps seeks an exemption from 14 C.F.R. § 91.109(a), which provi des 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).

Equivalent Level of Safety

Given the size and speed of the UASs that FourProps intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the FourProps ’ Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the FourProps ’ Operations Manuals, all flight training will

b e conducted in controlled and sterile environment. As a whole, the safety procedures provided

for in FourProps ’ Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight ins truction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

FourProps req ues ts an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 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 c an 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."

An exemption is required because the prop osed FP

- UAS s operations will normally need

to o c cur below 400 feet AGL. In circumstances where the FP

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the FP

- UAS will not be operated more than 100 feet above the highest point on the st ructure, and within 50 feet horizontally of the structure. Add i tionally,

due to the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the FP

- UAS

.

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing

without und FourProps hazard to persons or property on the ground in the event of a failure. Petitioner's propo sed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

Sept 1 9, 2015 Page 20

Equivalent Level of Safety

Compared to fligh t operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable f FourProps l with the above noted UASs, any risk associated with these operations is far less than those which presently exist with

conv entional ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the FP

- UAS s, as well as 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, or when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the F P

- UAS s will be operated in a restricted area, 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 shielded from the FP

- UAS and any possible de bris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the FP

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicl es or structures unless the property owner/controller timely 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 und ue hazard per § 91 .119(a). Adherence to these restrictions in FourProps ’ Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

FourProps 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 elevation of the departure airport or barometric pressure. An exemption is required to the extent

that the UASs do not hav e a barometric altimeter, but rather a GPS altitude read out.

16 See e.g., Grant of Exem ption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to perso ns afforded such protection. The operator must also 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 ceas e immediately. When

conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and

structures w hen the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines that it does

not pr e sent an und ue hazard."U.S Department of Transportation

Sept 1 9, 2015 Page 21

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be o perated below 400 feet

AGL or below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The FP

- UAS s that FourProps intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by FourProps ’ Operations Manuals, the PIC will be required t o calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the FP

- UAS s FourProps intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equiv alent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91.151(a): F ue l Requirements for Flight in VFR Conditions

FourProps req ues ts an exemption from 14 C.F .R. § 91.151(a)'s f

ue l 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 wind and forecast weather conditions) there is enough f ue l to fly to the first p oint of intended landing and, assuming normal 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.

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 f

ue l requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it

is not FourProps ’ intention to fly the FP

- UAS s at ni ght.

17 If t he height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

Sept 1 9, 2015 Page 22

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the f ue l requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beg inning a FP

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this

conclusio n, the FAA considered that the UAS batteries for the FP

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the FP

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the FP

- UAS should run low on power, the PIC will be alerted and can safely land the

- FP

- UAS as soon as possible. Like the VDOS Grant of Exemption, FourProps ’

use of the FP

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemp tion No. 11161), the FAA determined that an equivalent level of safety to the f ue l requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditio ns), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. FourProps will adhere to this limitation for its FP

- UAS flights.

The FP

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which

downlinks from the FP

- UAS to a ground

- based

- on

- screen display. 20 As required by FourProps ’ Operations Manuals, the PIC will prom ptly fly the FP

- UAS back to the home launch location or

pre

- det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. FourProps submits that the procedures requiring flights to be safely

terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operatio n will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

19

. Grant of Exemption N o. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20

. T he FP

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Department of Transportation

Sept 1 9, 2015 Page 23

VI. DRUG AND ALCOHOL PROGRAM

FourProps will have policies in place to ensure that no person may participate in FP

UAS s flight operations if they are under the infl ue nce of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting FourProps ’ Petition for Exemption. Congress has established a national policy that favors early inte gration 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 proposed FP

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical in jury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of inspecting

and monitoring potential locations and relevant sites and facilities requires location personnel to
climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perfo rm elevated work for which the individual is neither trained n or equipped to perform , which exposes

them to unnecessary risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily e xposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used in the end product

. The use

of small UASs can eliminate these hazard s and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as FourProps employees.

The use of small UASs also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to

flammable fue l, the UASs carry no passengers, crew or explosive f ue l . Further more , in the unlikely event of an accident, FourProps ’ small battery powered FP

- UAS presents sig nificantly

less danger to persons on the ground when compared to operations by conventional manned

aircraft. 21 As Petitioner's FP

- UAS are battery powered, the public will also benefit from a

reduction in harmful petroleum based emissions associated with con ventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction

of f ue l powered vehicles.

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will w eigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the even t of an incident or acc i dent. risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."U.S Department of Transportation

Sept 1 9, 2015 Page 24

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs prov ide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft. 22 The quality of the finished product is enhanced and provid es a greater demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current ind ustrial product is increas ed and will

continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS al ong with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All FP

- UAS s operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

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

conducted.

IX. FEDERAL REGISTER SUMMARY

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 rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 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 airc raft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional

fixed

- wing aircraft, rotorcraft, or other methods.

X

. CONCLUSION

FourProps ’ Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed FP

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

Sept 1 9, 2015 Page 25

provides the FAA with more than adequate justification for granting the req FourProps sted exemptions allowing FourProps to use small FP

- UAS s in the recorded production of its product.

We thank you for your prompt consideration of our req ues ted exemptions.

Respectfully Submitted,

Tom Shipley

85 Elm St
Norton, MA, 02766 sendtotes@gmail.com ( 508 ) 944

. 3516

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating Manual

3. Company Protocols

4. Location Protocol s 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals