UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMI NISTRATION WASHI NGTON, DC
Regulatory Docket No.

_

**IN THE MATTER**  **OF THE**  **PETITION FOR**  **EXEMPTION OF:** 

**AERIAL VIDEO SYSTEMS FOR**  **AN EXEMPTION**  **SEEKING RELIEF FROM**  **THE REQUIREMENTS**  **OF**

**TITLE 14 OF THE**  **CODE OF**  **FEDERAL REGULATIONS**  **SECTIONS 91.7(a),**  **91.121, 91.151(b), 91.405(a),**  **91.407(a)(1), 91.409(a)(1)**  **& (a)(2), AND**  **91.417(a) &**  **(b) CONCERNING**  **COMMERCIAL OPERATION**  **OF THE** 

**WALKERA TALI H500 UNMANNED**  **AIRCRAFT SYSTEM** 

**PURSUANT TO**  **SECTION 333**  **OF THE**  **FAA MODERNIZATION AND**  **REFORM ACT**  **OF 2012**  **(PUBLIC LAW 112** **- 95)** 

Submitted on September 8, 2015 Joseph R Pascal Jr. DBA: Aerial Video Systems 921 West Lakeshore Dr. Carriere, MS 39426 601
-347
-8222 joe.pascal@yahoo.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
.................................................................7 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AVS SEEKS EXEMPTION
.................................................................................................................8 THE EXTENT OF RELIEF AVS SEEKS AND THE REASON AVS. SEEKS THE RELIEF
........................................................................................................................ 11 THE REASONS WHY GRANTI NG AVS'S REQUEST WOULD BE IN THE PUBLIC INTEREST
.................................................................................................... 14 THE REASONS WHY GRANTI NG THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY
.............................................................................. 17 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER
..........37 ANY ADDITIONALI

NFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT AVS'S REQUEST
...............................................................................38 CONCLUSION
.................................................................................................................383 **GLOSSARY OF**  **ABBREVIATIONS** AVS Aerial Video Systems AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle C.F.R. Code ofFederal Regulations COA Certificate ofAuthorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VO Visual Observer VTOL Vertical Takeoff and Landing4 **SUMMARY** Aerial Video Systems seeks exemption from the requirements of 14 C.F.R §§ 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Aerial Video Systems to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video/filmmaking, photography, aerial inspections (energy/utilities) and acquisitions over certain areas of the United States and Gulf of Mexico

**INTRODUCTION AND**  **INTERESTS OF**  **THE PETITIONER**  Aerial Video Systems, (hereinafter referred to as “AVS”) is an unmanned aircraft systems provider that integrates engineering and manufacturing of UAS with video and photography services that enable the technology for federal, state, local, and commercial clients. AVS is focused on providing solutions for utilizing unmanned aircraft to safely and efficiently Film, Video and capture data that is precise, accurate, and timely

. AVS’s mission is to use unmanned aircraft to simplify and increase the effectiveness of Filmmaking, Photography and data collection in: Controlled Movie Making Sets, Areas of Natural Disasters (with proper approval), Natural Resources (on shore/off shore) Conservation, Construction and Infrastructure, Precision Agriculture, as well as Inspection and Monitoring. As set forth in this Petition, AVS seeks to commercially operate its Walkera Tali H500 6
-Bladed UAS
. As stated in the mission above. **BACKGROUND** Unmanned Aircraft System: Walkera Tali H500 UAS AVS seeks an exemption to operate the Walkera Tali H500 UAS for compensation or hire within the National Airspace System (“NAS”). The Tali H500 UAS is comprised of a5

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Tali H500 UA has a maximum gross weight of approximately 5 pounds, while having a diameter of 24 inches, rotor span of 36 inches, and maximum speed of 1 5 mph. The Tali H500 UA is equipped with six propellers, each being driven by a Lithium Poly mer battery powered electric motor. The Tali H500 UA that will be operated by AVS will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking s.

**Figure 1:**  **The Walkera Tali H500**  **UA. BASIS**  **FOR PETITION**  Petitioner, Aerial Video Systems, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform6

Act of 2012, Section 333, Special Rulesfor Certain UnmannedAircraft Systems, hereby petitions the Administrator to operate the Tali H500UAS in the NAS, and for an exemption from the requirements of 14 C.F.R §§ 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, AVS’s operation ofthe Tali H500 UAS meets the conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, AVS requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. AVS submits that the requested relief is proper since an equivalent level of safety will be ensured. AVS, as manufacturer ofthe Tali H500 UAS, will use its technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual

. Furthermore, AVS will document and maintain all maintenance records for the Tali H500 UAS.7

AVS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Tali H500 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, AVS submits that it will ensure that the Tali H500 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the Tali H500 UAS Operator Manual, the Walkera Family of Systems Operations Manual, and the Tali H500Maintenance Manual, and that the UA is in condition for safe flight. AVS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the Tali H500 UAS is equipped with a barometer and Global Positioning System (GPS) equipment, which ensures that a ground level pressure setting will be established prior to each flight. The Tali H500 UA’s barometer and GPS equipment ensure safety by providing the PIC with adequate information concerning altitude of the UA, above ground level (AGL), as shown on the heads

-up display ofthe GCS. Additionally, AVS seeks an exemption from the requirements of Section 91.151(b), Fuel requirementsfor flight in VFR conditions

. AVS submits that safety will not be affected by terminating flights ofthe battery powered Tali H500 UA after 20 minutes of continuous flight, which would allow for five minutes (i.e, 20 percent) ofbattery power remaining. In accordance with 14 C.F.R. § 11.81, AVS provides the following information in support of its petition for exemption: **A. Name And**  **Address Of**  **The Petitioner.**  The name and address ofthe Petitioner is: Joseph R Pascal, Jr.(dba) Aerial Video Systems 921 West Lakeshore Dr. Carriere, MS 39426 The point of contact for this Petition and specific contact information is as follows:8 Joseph R. Pascal Jr

. 921 West Lakeshore Dr

. Carriere, Mississippi 39426 Tel: (601) 347

-8222 | Email:joe.pascal@yahoo.com **B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which AVS**  **Seeks Exemption.** 

**1. AVS**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.7(a).**  Section 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. **2. AVS**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.121.**  Section 91.121, entitled Altimeter settings, subsection (a), states the following, in relevant part: (a) Each person operating 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;9

(ii) Ifthere 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 ofthe departure airport or an appropriate altimeter setting available before departure; **3. AVS**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.151(b).**  Section 91.151, entitled Fuel requirementsfor flight in VFR conditions, subsection (b), states the following: (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. **4.** AVS **Seeks Exemption**  **From The**  **Requirement Of**  **Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.] **5. AVS**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.407(a)(1).**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (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 ofthis chapter[.] **6. AVS**  **Seeks Exemption**  **From The**  **Requirements Of**  **Sections 91.409(a)(1)**  **And 91.409(a)(2).**  Section 91.409, entitled Inspections, subsection (a), states the following:10

(a) Except as provided in paragraph (c) ofthis 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 authorized by § 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. **7. A** **VS Seeks**  **Exemption From**  **The Requirements**  **Of Sections**  **91.417(a) And**  **91.417(b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (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 ofthe maintenance, preventive maintenance, and alteration and records ofthe 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 must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion ofthe work performed; and (iii) The signature, and certificate number ofthe 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, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.11

(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. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapter for each major alteration 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 retained 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 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The**  **Extent Of**  **Relief A** **VS Seeks**  **And The Reason**  **AVS Seeks**  **The Relief.**  **1. Extent**  **of Relief**  **AVS Seeks**  **And The Reason**  **AVS Seeks**  **Relief From**  **Section 91.7(a).**  AVS seeks the requested reliefbecause the Tali H500 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AVS will
ensure that the Tali H500 UAS is in an airworthy condition based upon its compliance with the operating documents prior to every flight, and as stated in the conditions and limitations below.12

**2. Extent**  **of Relief**  **AVS Seeks**  **And The Reason**  **AVS Seeks**  **Relief From Section**  **91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe Tali H500 UAS, which utilizes a barometer and GPS equipment, to ensure that
a ground level pressure setting will be established prior to each flight, in order to report altitude to the PIC. AVS seeks the requested reliefbecause the Tali H500 UAS does not utilize a ty pical barometric altimeter onboard that may be set as contemplated by Section 91.121. As more fully set forth below, an equivalent level of safety will be maintained since the Tali H500 UAS is equipped with a barometer and GPS equipment, which will ensure that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA, above ground level (AGL), on the heads

-up display ofthe ground control station (GCS). **3. Extent**  **Of Relief**  **AVS Seeks**  **And The Reason**  **AVS Seeks**  **Relief From**  **Section 91.151(b).**  Relief from Section 91.151(b), entitled Fuel Requirementsfor flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered Tali H500 UA, during daylight hours in visual meteorological conditions under visual flight rules (VFR), to continue for a total duration of 20 minutes, which will ensure that the UA will land with five minutes (i.e., 20 percent) ofbattery power remaining. AVS seeks the requested relief, because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered Tali H500 UA will severely constrain the practicality of any aerial acquisition and research flight operations which AVS proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the Tali H500 UAS, and AVS’s proposed operating limitations, ensure that AVS13

will safely operate the battery powered Tali H500 UA during daylight hours in VFR conditions for a total flight duration of 15 minutes, landing with five minutes of battery power remaining. **4. Extent**  **Of Relief**  **AVS Seeks**  **And The**  **Reason AVS**  **Seeks Relief**  **From Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2),**  **And 91.417(a)**  **& (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, AVS requests relief from these Sections because the Tali H500 UAS does not require an airworthiness certificate. As set forth more fully below, the Tali H500 UAS meets the conditions of Section 333 ofthe FMRA for operation without an airworthiness certificate. Accordingly, AVS, which manufactures the Tali H500 UAS, will use AVS technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual

. Furthermore, AVS will document and maintain all maintenance records for the Tali H500 UAS. **D. The**  **Reasons Why**  **Granting AVS** **’s Request**  **Would Be**  **In The Public**  **Interest; That**  **Is, How It**  **Would Benefit**  **The Public As A**  **Whole.** Granting the present Petition will further the public interest by allowing AVS to safely, efficiently, and economically perform aerial acquisitions and research over rural areas of the United States, commercially, in support of government entities, agriculture, scientific studies, wildlife monitoring, forestry operations, and the oil and gas industries. Additionally, use of the Tali H500 UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofAVS’s proposed operation ofthe Tali H500 UAS will be realized without implicating any privacy issues.14

**1. The**  **Public Will**  **Benefit From**  **The Aerial**  **Acquisition And**  **Research Performed.**  AVS submits this Petition to commercially operate the Tali H500 UAS and perform aerial acquisition and research throughout rural areas of the United States, in support of government entities, agriculture, scientific studies, wildlife monitoring, forestry operations, mining, and the oil and gas industries. The Tali H500 UAS will provide safe, efficient, and economical aerial acquisition and research operations to further each of these fields, all ofwhich
are critical to the well

-being ofthe general public. The specific operations that AVS will perform with the Tali H500 UAS demonstrate how the requested exemption will directly benefit the above

-referenced industries and the public. In agriculture, the aerial acquisition performed by the Tali H500 UAS will be used to predict and increase crop yields

. In the oil and gas industry, the Tali H500 UAS will be used to aid in facility inspections, survey and plan new worksites, conduct volumetric analysis, and perform right ofway analysis. Inthe movie industry, The Tali H500 UAS will be a safe and stable camera platform. The Tali H500 UAS will also further environmental management by researching invasive species, mapping deforestation, and surveying point source pollution. **2. The**  **Public Will**  **Benefit From**  **Decreased Congestion**  **Of The NAS.**  The Tali H500 UAS is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery

. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Tali H500 UAS would reduce the amount ofmanned 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. Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced.15

The Tali H500 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey 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. **3. The**  **Public Will**  **Benefit From**  **The Safety**  **And Efficiency**  **Of The**  **Tali H500 UAS.**  Conducting aerial acquisitions with the Tali H500 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight operations. By using battery power and electric motors, the Tali H500 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are ty pically utilized for aerial acquisitions, while burning approximately 20
-30 gallons per hour of leaded aviation fuel. The Tali H500 UAS, while reducing the carbon footprint of aerial acquisitions, also reduces noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the Tali H500 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 lack of flight crew members located onboard the aircraft, the Tali H500 UA (weighing approximately 5 pounds at its maximum gross weight with a diameter of 24 inches, rotor span of 36 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty pically conduct aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).16

**4. Performing**  **Aerial Acquisition**  **Operations With The**  **Tali H500 UAS**  **Will Benefit**  **The Economy.** In addition to being safe and efficient, the Tali H500 UAS is also an economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation ofthe Tali H500 UAS will allow United States based companies, like AVS, to remain competitive and contribute to growth ofthe U.S. economy. 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 competitive. Operating the battery powered Tali H500 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 aircraft. By operating the Tali H500 UAS, companies such as AVS can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use ofthe Tali H500 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. **5. There Are**  **No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, AVS’s proposed operation ofthe Tali H500 UAS will not implicate any privacy issues. Specifically, the Tali H500 UAS will be operated in mostly rural areas, and in accordance with all Federal Aviation Regulations, including the minimum altitude requirements17

of 14 C.F.R. § 91.119. Most significantly, the Tali H500 UA will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the operation. **E. The**  **Reasons Why**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety, Or How**  **The Exemption Would**  **Provide A**  **Level Of**  **Safety At**  **Least Equal To That**  **Provided By The**  **R ule**  **From Which**  **AVS Seeks**  **Exemption. 1.**  **Reasons Why The Tali H500**  **UAS Meets**  **The Conditions**  **Of The FAA**  **Modernization and**  **Reform Act of 2012**  **(FMRA) Section**  **333.** In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, AVS’s operation ofthe Tali H500 UAS meets the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security

. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--

Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date ofenactment of this Act, the Secretary of Transportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion of theplan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a

), the Secretary shall determine, at a minimum

-- (1) ) which types of unmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability,proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or thepublic or pose a threat to national security; and (2) ) whether a certificate ofwaiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified under paragraph (1).18

(c) Requirementsfor Safe Operation.

--Ifthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraft systems in the national airspace system. In seeking this exemption, AVS submits that the Tali H500 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Tali H500 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The**  **Specifications Of**  **The Tali H500**  **UAS Demo** **nstrate Its Safe**  **Characteristics.** The Tali H500 UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical**  **Specifications Of**  **The AVS**  **UAS.**
Unmanned Aircraft System The Tali H500 is an Unmanned Aircraft System that is comprised of

vertical takeoff and landing (VTOL) unmanned aircraft and a transportable ground control station.
Unmanned Aircraft Dimensions Diameter: 24 inches

Rotor span: 36 inches Engine (Propulsive Unit) Engine (Propulsive Unit)

(6) DeVention Inc. P/N : WK

-WS
-34
- 001 (Electric) FAA Engine Ty

pe Cert: None Propulsive Unit Ty

pe: 22.2V, 5400mAh capacity, Lithium ion battery powered, direct drive electric motor19 . Motor, Controller Sub

-Assembly: Manufacturer: Walkera Model: WST
15AH®ESC f H500 Ty pe: Brushless Speed Controller Motor, Battery: Manufacturer: Walkera, Inc. Ty pe: 1(one) x Lithium Ion 5400m Amp hour each 22.2V (nominal) 6S Fuel Not Applicable.

NOTE: The Tali H500 UAS is powered by one Lithium Poly mer rechargeable batteries, P/N Tali H500

-Z
-22 6S
. Engine (Propulsive Unit) Limits Max Power Output: 1HP(6)

Maximum RPM: 6000 (500kv) Maximum Motor Temperature: 170 °F (77 °C) NOTE: The motor temperature is not displayed to the operator. Maximum motor, controller sub

-assembly temperature: 194 °F (90 °C) Power On (Engine and Rotor Tach, neither visible to operator) Maximum 6000 RPM Minimum 3000 RPM
Propeller and Propeller Limits (4) Walkera Inc. P/N 30490

FAA Propeller Ty

pe Certificate: None Propeller Ty

pe: 2
-blade, plastic, fixed pitch, tractor Propeller Sub

-Assembly: Manufacturer: APC Propeller Model: W3049 Diameter (Nominal): 7 in. (4) Walkera Inc. P/N 30488 FAA Propeller Ty

pe Certificate: None Propeller Ty

pe: 2
-blade, plastic, fixed pitch, tractor20 NA

Battery Command & Control Ty

pe: 1(one) x Lithium Ion 5400m Amp hour each 22.2V (nominal) 6S Airspeed Limits Vne (Never Exceed Speed) 15 knots Empty Weight C.G. Range -1 to 1 inches of datum

Datum Centroid ofVehicle

Maximum Weights Ramp 5 lbs.

Takeoff 5 lbs. Landing 5 lbs. Empty Weight 3.8lbs. NOTE: Empty Weight Excludes weight ofbattery and Camera/Gimbel

. Frequencies 902
-928 MHz (ISM Band)

2.4 GHz (ISM Band) NOTE: FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If video is utilized, uplink, downlink, and video are all on 2.4 Ghz. Computer Software Avionics embedded processor,21

Minimum Crew (1) The Tali H500 UAS can be operated by a single operator.
Number of Seats (0) Not Applicable.
Fuel Capacity Not Applicable. Oil Capacity Not Applicable.
Max. Operating Altitude 1,200 ft. AGL

Rotor Blade and Control Movements Fixed Rotor Control. Vehicle control is achieved through varying

thrust of each motor individually

Nominal Endurance 20 minutes above 32 °F (0 °C) 12 minutes below 32 °F (0 °C)

Ambient Outside Air Temperature (OAT) Maximum OAT: 120 °F (49 °C) Minimum OAT At Altitude:

-20 °F (

-29 °C)
Wind Limitation 9.7 knots
Maintenance This Tali H500 UAS must be maintained in accordance with the

manufacturer’s maintenance manual, or later FAA accepted revision.
**ii. The Tali H500**  **UAS Autonomous**  **Flight And**  **Navigation Modes**  **Enable The UAS**  **To Remain**  **Within A Defined**  **Operational Area.**  A complete description of the autonomous modes and methods ofnavigation for the Tali H500 UAS is provided in the Tali H500 UAS Operator Manual22

A copy of the Tali H500 UAS Operator Manual, which contains proprietary information, is On file, at AVS’s office of operation.

**iii. The**  **Tali H500 UAS**  **Is Designed**  **For Complete Autonomy**  **From Launch To**  **Landing Even**  **In The Unlikely**  **Event Of Loss**  **Of The Control**  **Link Or**  **Navigation.** Although a degradation or loss of the control link, and/or degradation or loss of the
source ofnavigation is unlikely, it is a situation that is well planned for and therefore, is a benign event. The Tali H500 is designed for complete autonomy from launch to landing with a line of sight operator in the loop monitoring the airframe. The Tali H500 uses a two
-stage failsafe approach for all avionics failure conditions, including the event of a loss of communications (“Lost Link”). Upon loss of the communication signal, the w Tali H500 will attempt to reacquire the link. If after 10 seconds the link has not been reacquired, the Tali H500 will continue to attempt to reacquire the link while maintaining the current altitude and navigating to the home way point, which is the same
as the location ofthe ground control station. Once at the home way point, the Tali H500 will hover while continuing its attempt to reacquire the link for 30 seconds (to allow for rebooting of the ground control station, ifneeded). The Tali H500 will then continue to attempt to reacquire the link while it navigates through the landing procedure. The landing procedure for Lost Link is identical to a normal landing procedure. The Tali H500 will enter into a hover

-land procedure; descending while reducing speed until contact with the ground. During this decent and touchdown, the Tali H500 will remain in controlled flight.23

Loss of GPS signal will result in a two
-tiered recovery approach. Upon loss of a GPS signal, the Tali H500 will immediately hover in an attempt to reacquire a signal. If after 15 seconds, a GPS signal is not reacquired, the UAS will enter tier

-two recovery. At any time during either tier

-one or tier

-two recovery, the operator can take over with augmented control and utilize its onboard magnetometer to navigate back to the home waypoint through dead

reckoning. During this failure mode, the observer will call out UAS position and movement back to the operator. Once the UAS is close enough to resolve orientation, or if operating with a live video payload, the operator can engage manual control and perform a manual landing at the pre-decided landing site. If a cascade of failures has occurred and Lost
-Link has also occurred during tier

-two recovery, the Tali H500 will enter into a hover

-land procedure; descending while reducing speed until contacting the ground. Throughout this decent and touchdown, the Tali H500 will remain in controlled flight. The Tali H500 Operator Manual “Emergency Procedures” fully describes the features of the Tali H500 UAS, and sets forth the UAS’s operation in the event of a power loss, loss of communications, loss of GPS signal, loss ofvideo link, or software crash.24 **iv. Safe**  **Mobile Operation Of**  **The Tali H500**  **UAS.** The Tali H500 UAS may be safely operated by a Pilot

-in

-Command (PIC) and safety observer co-located with a GCS on a mobile vehicle or watercraft, in order to efficiently perform aerial acquisition operations of large areas, additional limitations and requirements apply to mobile operations of the Tali H500 UAS, including the following: The driver/operator of the mobile vehicle must be licensed and fully understand his/her role in the operation. The mobile vehicle must be organized and clear of any unnecessary debris prior to the operation. Equipment and personnel positioning within the vehicle must be predetermined and agreed upon by the team. Each team member must use appropriate safety restraint equipment, and such equipment should not interfere with safe flight. The PIC must have ready communication with the driver/operator ofthe mobile vehicle, as well as the safety observer. The route ofthe mobile vehicle must be determined prior to operation. The PIC must ensure that no part ofthe route will obscure the safety observer’s view or cause any physical obstacles or obstructions to any member ofthe flight team. The Area of Interest (AOI) must be large enough to warrant mobile operations, and the UA cannot be allowed to exit the AOI under any circumstance. The only change to the standard operating procedures (SOP’s) with mobile operations must be an update of the LOL (Loss of Link) site. Mobile operations are only permitted if suitable LOL sites are25

within 500 ft. ofthe PIC at all times. The entire AOI must also meet the “sterile environment” of a static site, otherwise mobile operations are prohibited. **b. Flight**  **Operations Of**  **The Tali H500**  **UAS Are**  **Limited To The**  **Line Of**  **Sight Of**  **A Certificated**  **Pilot in**  **Command With**  **A Safety Observer.**  AVS will only utilize certificated Commercial pilots who possess a valid 2nd Class airman medical certificate, to act as a pilot in command (PIC) ofthe Tali H500 UAS. Additionally, a safety observer will assist all pilots.

**c. Flights**  **Of The**  **Tali H500 UAS**  **Will Be Conducted**  **Pursuant To**  **Specific Operating**  **Limitations.** In seeking this exemption, AVS proposes to commercially operate the Tali H500 UAS for the special purpose of conducting aerial video/filmmaking, photography, aerial inspections (energy /utilities) and acquisitions over certain areas of the United States and Gulf of Mexico, pursuant to the following specific operating limitations: 1) Operations authorized by the grant of exemption will be limited to the following aircraft described in the operating documents, which is an six

-rotor, vertical takeoff and landing, unmanned aircraft weighing less than 6 pounds: Walkera Tali H500

. Proposed operations of any other aircraft will require a new petition or a petition to amend the grant. 2) The Tali H500 UA may not be flown at an indicated airspeed exceeding 14.5 knots.26

3) The Tali H500 UAS must be operated at an altitude ofno more than 1,200 feet above ground level (AGL). All altitudes reported to ATC must be in feet. 4) The Tali H500 UAS must be operated within visual line of sight (VLOS) ofthe Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA
-issued airman medical certificate. 5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy the VLOS requirement, as long as the PIC always maintains VLOS capability

. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents. 6) The operating documents and the grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present u pdated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to the grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for 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. 7) Prior to each flight, the PIC must inspect the Tali H500 UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe Tali H500 UAS, the Tali H500 UAS is prohibited from operating until the necessary maintenance has been performed and the Tali H500 UAS is found to be in a condition for safe flight. The Tali H500 UAS Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8) Any Tali H500 UAS maintenance or alterations that affect the UAS operation or flight characteristics (e.g. replacement of a flight critical component), must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the Tali H500 UAS aircraft record ofthe flight. 9) In addition to the pre-flight inspection section in the operating documents, the preflight inspection must also account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.27

10) The operator must follow the Tali H500 manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description ofwork accomplished, and the signature of the authorized Tali H500 maintenance personnel or PIC returning the Tali H500 UAS to service. 12) The operator’s Tali H500 authorized maintenance personnel or PIC must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections. 13) The operator’s Tali H500 authorized maintenance personnel, PIC, and VO must receive and document training referenced in the operating documents. 14) The UAS operated under the exemption must comply with all manufacturer System and Safety Bulletins. 15) The PIC must possess at least a FAA
-issued Commercial pilot certificate and a valid FAA
- issued 2nd Class airman medical certificate. The PIC must 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 certificate. 16) Prior to operating for hire, the PIC, and VO must have successfully completed AVS’s training syllabus as outlined in the operating documents. In addition, the PIC and VO must also have successfully completed annual (recurrent) training in accordance with the operating documents. A record oftraining must be documented and made available upon request by the Administrator. Training, proficiency, and experience

building flights for the purpose oftraining pilots and VOs to conduct flights authorized by the exemption are permitted under the terms ofthe exemption. 17) Ifthe Tali H500 UAS loses communications or loses its GPS signal, it must return to a pre-determined location within the planned operating area and land, or be recovered in accordance with the operating documents. 18) The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.28

20) The Tali H500 UAS operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

-Number) markings in accordance with 14 C.F.R Part 45, Subpart C. 21) Before conducting flight operations, the radio frequency spectrum used for operation and control of the Tali H500 UAS. The Tali H500 UAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 22) The documents required under 14 C.F.R §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the Tali H500 UAS any time the aircraft is operating. These documents must be made available to the Administrator, or any law enforcement official, upon request. 23) The Tali H500UAS must remain clear and yield the right ofway to all other aircraft operations and activities at all times. 24) Ifthe Tali H500 UAS is operated from a moving device or vehicle, the operation must be in accordance with the operating documents. 25) Tali H500 UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 26) All operations must be conducted under visual meteorological conditions (VMC). The Tali H500 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. 27) During operations in the National Airspace System, the UAS may not operate within 5 nautical miles ofthe geographic center of an airport 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 operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 28) The Tali H500 UAS may not be operated over congested or densely populated areas. These areas include, but are not limited, to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe altitudes required by 14 C.F.R. § 91.119. 29) Operation ofthe Tali H500 UAS must be conducted at least 500 feet from all persons, vessels, vehicles, and structures not directly involved in the operation. 30) Operations of the UAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with the special purpose operations. Operations closer than 500 feet from the29

PIC, VO, operator trainees and essential persons, are permitted when operationally necessary; but never so close as to present an undue hazard, per 14 C.F.R. § 91.119(a). 31) Operations of the UAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessment of the risk from operations closer to these objects. 32) All operations shall be conducted 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. 33) 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 meeting the requirements of 49 C.F.R. Part 830 must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.30

**1. Reasons**  **Why An Exemption**  **From The**  **Requirements Of**  **Section 91.7(a)**  **Would Not**  **Adv ersely**  **Affect Safety.** The level of safety established by Section 91.7(a) will be maintained because prior to every flight, AVS will ensure that the Tali H500 UAS is in an airworthy condition and safe for flight based upon the Tali H500 UAS’s compliance with its operating documents (i.e., the Tali H500 UAS Operator Manual and the Tali H500 UAS Maintenance Manual) and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a), specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138).31

**2. Reasons**  **Why An Exemption**  **From The**  **Requirements Of**  **Section 91.121**  **Would Not**  **Adversely Affect Safety.**  The equivalent level of safety established by Section 91.121 will be maintained because the Tali H500 UAS is equipped with a digitally encoded barometric altimeter and GPS triangulation equipment, with a zero altitude initiation point being established prior to each flight. As such, the PIC on the Tali H500 UAS is provided the altitude of the UAS above ground level (AGL) via a heads

-up display of the ground control station (GCS). Specifically, the PIC of the Tali H500 UAS is provided three different ty pes of altitude information: (1) Desired Altitude, indicating the commanded altitude, located at the top right corner ofHUD
as well as above the HUD; (2) Altitude Above Ground Level (AGL), indicating actual altitude relative to height above launch level on the ground, located in the center ofthe right side ofthe HUD; and (3) Climb Rate, indicating the current rate of climb, located in the center ofthe right side ofthe HUD. Accordingly, the PIC ofthe Tali H500 UAS will be provided with all of the necessary altitude information necessary to maintain safe operation ofthe UAS in the NAS. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138). **3. Reasons**  **Why An Exemption**  **From The**  **Requirements Of**  **Section 91.151(b)**  **Would Not**  **Adversely Affect Safety.**  A grant of this exemption would ensure the equivalent level of safety established by 14 C.F.R. Section 91.151(b) because the technical specifications of the Tali H500 UAS, the Walkera Operations Manual, and AVS’s proposed operating limitations will ensure that AVS may safely operate the battery powered Tali H500 UAS during daylight hours in VFR conditions for a total flight duration of 15 minutes, which will ensure a landing with five minutes (i.e., 2532

percent) battery power remaining. Furthermore, previous exemptions granted by the FAA concerning Section 91.151(b) establish that safety is not adversely affected when the technical characteristics and operating limitations of a UAS are considered. The Tali H500 UAS is powered by one Lithium Ion 11 Amp hour, 22.2V batteries, and is protected by two low battery failsafe’s

. The ground control station (GCS) provides a battery indicator on the heads

-up display, which indicates the Tali H500 UAS’s current remaining battery power measured in volts, and a 30% Buzz of the CU. This provides the PIC with constant
awareness of the real

-time battery voltage during a flight. The two low battery fail safes that protect the Tali H500 UAS are a “Low AV battery” failsafe and a “Critically low AV battery” failsafe. The “Low AV battery” failsafe flies the UA to the location ofthe ground control station (GCS), or identified Rally point, when the UA batteries reach a certain threshold of time as configured by the operator, or 22.2V. The

“Critically low AV battery” failsafe lands the UA at its current location. This failsafe is triggered if a battery drops below the critical battery voltage as configured by the operator, or 21.2V. Furthermore, an exemption from the requirements of Section 91.151(b) would not adversely affect safety because AVS will only conduct flights during daylight hours in VMC, with the duration of each flight not to exceed 15 minutes, with five minutes (i.e., 25 percent) battery power remaining. Likewise, as set forth above, AVS has proposed specific operating limitations in this Petition that will maintain the equivalent level of safety established by Section 91.151(b), including the following: (1) the Tali H500 UAS will only be operated during daylight hours (i.e. between the end ofmorning civil twilight and the beginning of evening civil twilight, as33

published in the American Air Almanac, converted to local time); (2) The Tali H500 UAS will only be operated pursuant to visual flight rules (VFR) in visual meteorological conditions (VMC); and (3) the duration of each flight shall not exceed 15 minutes. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Reliefhas been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151, specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138). **4. Reasons**  **Why An Exemption**  **From The**  **Requirements Of**  **Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1)**  **& (a)(2),**  **And 91.417(a)**  **& (b)**  **Would Not**  **Adversely Affect**  **Safety.** In seeking this exemption, AVS submits that an equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because AVS, will use its trained Pilots as technicians to perform maintenance, alterations, or preventive maintenance on the unmanned aircraft system using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, AVS will document and maintain all maintenance records for the Tali H500 UAS
. Since the Tali H500 UAS will be inspected as prescribed by the manufacturer’s maintenance manual, AVS will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The Tali H500 UAS Maintenance Manual sets34

forth Scheduled Maintenance Inspection Procedures for each system and component. Inspection intervals for the Tali H500 UAS include preflight and post flight inspections, as well as scheduled inspections every 25 hours, 50 hours, 75 hours, and 100 hours of operation. Likewise, the exemption sought will not adversely affect safety because AVS will perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the manufacturer’s maintenance manual. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b) because all maintenance ofthe Tali H500 UAS will be performed by trained Pilots as technicians to perform maintenance, who will document and maintain maintenance records for the Tali H500 UAS

. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of a UAS are considered. The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138).35

**5. The**  **FAA May**  **Prescribe Any Other**  **Conditions For**  **Safe Operation.**  In accordance with Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, AVS requests that the FAA prescribe special conditions for the intended operation ofthe Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of a UAS are considered. The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138).

, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAS for the limited commercial purpose of conducting aerial video/filmmaking, photography,aerial inspections (energy /utilities) and acquisitions over certain areas of the United States and Gulf of Mexico

. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.36

§ 21.16, for operation ofthe Tali H500 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for AVS’s intended operation of the Tali H500 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules**  **From Which**  **A VS**  **Seeks Exemption:**  AVS , Inc. seeks exemption from the requirements of 14 C.F.R Sections 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ). **A Brief**  **Description Of**  **The Nature**  **Of The**  **Exemption AVS**  **Seeks:** This exemption will permit AVS, to commercially operate an Unmanned Aircraft System (UAS)for the purpose ofconducting aerialvideo/filmmaking,photography, aerialinspections (energy/utilities) and acquisitions over certain areas of the United States and Gul f ofMexico

.37

**G. Any Additional**  **Information, Views,**  **Or Arguments**  **Available To**  **Support AVS** **’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, AVS’s request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 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 airworthiness certification. As discussed in detail above, AVS will operate the Tali H500 UAS safely in the NAS without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security

. **CONCLUSION**

As set forth herein, AVS 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 Tali H500 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video/filmmaking, photography, aerial inspections (energy/utilities) and acquisitions over certain areas of the United States and Gulf of Mexico.38

. 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 interests of the public, by allowing AVS to safely, efficiently, and economically operate the Walkera Tali H500 UAS commercially within the NAS. **WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, AVS respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit AVS to operate the Walkera Tali H500 UAS for the purpose of conducting aerial video/filmmaking, photography, aerial inspections (energy/utilities) and acquisitions over certain areas of the United States and Gulf of Mexico.
Respectfully submitted **Joseph R. Pascal Jr. September 8, 2015**  **Aerial Video Systems 921 West Lakeshore Dr.**  **Carriere, MS. 39426 (601)347** **- 8222**  joe.pascal@yahoo.com39