UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

EMERGENCY MANAGER PROJECT, LLC,

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF

THE CODE OF FEDERAL REGULATIONS (14 C.F.R.) PART 21 SECTIONS; §§ 45.23(b),

61.113(a), and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a)

and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

CONCERNING OPERATIONS OF AN UNMANNED AIRCRAFT SYSTEM PURSUANT TO

SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on May 26, 2015

Emergency Manager Project, LLC

Christopher A. Neuwirth, MA, CEM

PO Box 4394

2 Technology Drive

Warren, NJ 07059

CNeuwirth@EmergencyMngr.com

Office: (908)777-0507
Glossary of Abbreviations

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

EMP Emergency Manager Project, LLC

EOC Emergency Operations Center

FAR Federal Aviation Regulations

NAS National Airspace System

Section 333 FAA Modernization and Reform Act of 2012

SMS Safety Management System

UAV Unmanned Aircraft System

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

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Summary

Emergency Manager Project, LLC seeks exemption from the requirements of 14

C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121,

91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as

well as the restricted category airworthiness certification standards specified in 14 C.F.R.

§21.185, including the requirement to have a certificate of airworthiness as contemplated by

14 C.F.R. Part 21.

This exemption will permit Emergency Manager Project, LLC to operate its various

Unmanned Aircraft Vehicles (“UAV”) for training, educational, and public safety exercising

purposes at unoccupied open public spaces and at permissible/pre-approved public safety

training facilities, while keeping the documents required by the regulations at the ground

control station and immediately accessible to the pilot in command. Furthermore, the

exemption will relieve Emergency Manager Project, LLC from the airworthiness certificate

standards and the requirement to have a certificate of airworthiness issues for its UAV. This

exemption will also permit any required marking concerning the operational status of its UAV

to be displayed on the main section of the unmanned aircraft.

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Introduction and Interests of the Petitioner

Emergency Manager Project, LLC (hereinafter referred to as “EMP”) is a professional

services sole-proprietorship that delivers training and education programs to public safety

entities and professionals, including emergency managers, police officers, firefighters, and

paramedics, among others. The Director and primary instructor of EMP has extensive

experience utilizing Vertical Takeoff and Landing (VTOL) Unmanned Aerial Vehicles (UAV’s)

for personal and recreational use in similar applications to those outlined in this petition.

Over the past several years, the practical applications of VTOL UAV’s during

emergencies and disasters has become evident. However, there are currently very few -- if

any -- training programs designed to educate public safety professionals on how to safely

operate VTOL UAV’s during emergency management activities (i.e. preparedness, mitigation,

response, and recovery) to collect real-time imagery for analysis within an emergency

operations center (EOC).

EMP intends to conduct awareness and operations-level trainings programs that

educates participants on the following topics:

● VTOL UAV’s in Emergency Management

○ Recent Cases/Examples

○ Potential Public Safety Applications

● Types of VTOL UAV’s

● Regulatory Considerations for UAV’s

● Safe Flight Operations and Know Before You Fly Initiative

● Anatomy of the DJI Phantom UAV

● Introduction to Flight Controls

● Pre-Flight Checklist

● Basic Flight Maneuvers

○ Real-world and Flight Simulator

● Ground Station and Planned Flights

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Background

Unmanned Aerial Vehicle: DJI PHANTOM 3 ADVANCED

EMP seeks an exemption to operate its existing DJI PHANTOM 3 ADVANCED UAV

for compensation or hire within the national airspace system (NAS).

The DJI PHANTOM 3 ADVANCED UAV is comprised of a VTOL unmanned aircraft

and a transportable ground station. The DJI PHANTOM 3 ADVANCED UAV has a maximum

gross weight of approximately 2.8 pounds and the following technical and operational

specifications:

Aircraft

Weight (including battery and propellers): 1280 g

Diagonal size (including propellers): 590 mm

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Hover Accuracy:

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● Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

● Horizontal: +/- 1.5 m

Max Speed: 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level: 6000 m

Operating Temperature: 0°C to 40°C

GPS Mode: GPS/GLONASS

Flight Battery

Capacity: 4480 mAh

Voltage: 15.2 V

Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Max Flight Time: Approximately 23 minutes

Operating Temperature: -10°C to 40°C

Max Charging Power: 100 W

Remote Controller

Operating Frequency: 2.400 GHz-2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Operating Temperature: 0°C- 40°C

Battery: 6000 mAh LiPo 2S

Receiver Sensitivity (1%PER): -101 dBm ±2 dBm

Transmitter Power (EIRP):

● FCC: 20 dBm

● CE: 16 dBm

Working Voltage: 1.2 A @7.4 V

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Basis for Petition

Emergency Manager Project, LLC, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. §11.61) and the FAA Modernization and Reform Act of 2012, Section

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator for an exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and

(b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b),

91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b), as well as the restricted category

airworthiness certification standards specified in 14 C.F.R. §21.185, including the

requirement to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21.

In accordance with 14 C.F.R. § 11.81, EMP provides the following information in support of

its petition for exemption:

A. Name and Address of the Petitioner.

The name and address of the Petitioner is:

Emergency Manager Project, LLC

Mailing Address: PO Box 4394, 2 Technology Drive, Warren, NJ 07059

Physical Address: 8 Commonwealth Drive, Basking Ridge, NJ 07920

The point of contact for this Petition and specific contact information is as

follows:

Christopher A. Neuwirth

Director

Emergency Manager Project, LLC

Mailing Address: PO Box 4394, 2 Technology Drive, Warren, NJ 07059

Telephone: (908)777-0507

Email: CNeuwirth@EmergencyMngr.com

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Specific Sections of 14 C.F.R. From Which EMP Seeks

Exemption

1. 14 C.F.R Part 21, Subpart H: Airworthiness Certificates 14 C.F.R.

§91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1).

Given the size and limited operating area associated with the aircraft to be utilized by EMP,

an exemption from Part 21, Subpart H meets the requirements of an equivalent level of

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.

§44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from

the requirement for an airworthiness certificate, upon consideration of the size, weight,

speed, operational capability, and proximity to airports and populated areas of the particular

UAV. In all cases, an analysis of these criteria demonstrates that the UAV operated without

an airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft)

operating with an airworthiness certificate without the restrictions and conditions proposed.

All of the UAV’s to be operated hereunder are less than 55 pounds fully loaded, carry

neither a pilot nor passengers, carry no explosive materials or flammable liquid fuels, and

operate exclusively in either unoccupied open public spaces or public safety training facilities

with pre-approval and authorization of the facility administrator. Unlike other civil aircraft,

operations under this exemption will be tightly controlled and monitored by both the operator

and designated safety officer, and under the requirements and in compliance with local

public safety requirements, to provide security for the area of operation as is now done

during any practical training and exercise activities conducted by EMP. These safety

enhancements provide a greater degree of safety to the public and property owners then

conventional operations conducted with airworthiness certificates issued under 14 C.F.R.

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the UAV’s, due to their size, speed of operation,

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location of operation, lack of explosive materials or flammable liquid fuels, and inability to

carry a substantial external load.

2. 14 C.F.R. §45.23(b). Marking of the Aircraft

The regulation requires that [w]hen marks include only the Roman capital “N” and the

registration number is displayed on limited, restricted or light-sport category aircraft or

experimental or provisionally certified aircraft, the operator must also display on that aircraft

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

more than six inches high, the words “limited”, “restricted”, “light-sport”, “experimental”, or

“provisional”, as applicable.

Even though the UAV will have no airworthiness certificate, an exemption may be

needed as the UAV will have no entrance to the cabin, cockpit, or pilot station station on

which the words “limited”, “restricted”, “light-sport”, “experimental”, or “provisional” can be

placed. Given the size of the UAV, two-inch lettering will be impossible. The word

“experimental” may be placed on one of the rotor arms of each UAV, in compliance with

§45.29(f). The equivalent level of safety will be provided by having the UAV’s marked on their

rotor arm as required by §45.29(f) where the pilot, observer, and others working with the UAV

will see the identification of the UAV as “experimental”.

The FAA has issued the following exemptions to this regulation to Exemptions

Numbers: 10700, 8738, 10167, and 10167A.

3. 14 C.F.R. §61.113(a) and (b): Private Pilot Privileges and Limitations - Pilot

in Command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations.

Recognizing that the UAV’s will not carry a pilot or passengers, the proposed operations can

achieve the equivalent level of safety of current operations by requiring the PIC operating the

aircraft to have an FAA operator certificate, within 90 days of the FAA implementing such

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certification program and assuming the certification program applies to small and micro

UAV’s. Unlike a conventional aircraft that carries the pilot and passengers, EMP’s UAV’s are

remotely controlled with no living thing onboard. The area of operation is controlled and

restricted, and all flights are planned and coordinated in advance between the PIC, safety

officer, and facility (when applicable). More so, EMP’s UAV’s will be operated in such a

limited and controlled environment for training and education proposed, the level of risk

associated with the operation of the UAV is remarkably small; it is simply to demonstrate

basic flight maneuvers near ground-level for less than 20-minutes per flight.

4. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should

this exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft and the requirements contained in the manual for

maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L

and Q, an equivalent level of safety will be provided.

5. 14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides:

No person may operate a U.S.-registered civil aircraft...

(2) For which an airplane or rotorcraft flight manual is not required by §21.5 of

this chapter, unless there is available in the aircraft a current approved airplane

or rotorcraft flight manual, approved manual material, markings, and placards,

or any combination thereof.

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The UAV’s, given their size and configuration, have no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot onboard, but because there is no

room to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the

ground control station where the pilot flying the UAV will have immediate access to it.

The FAA has issued the following exemptions to this regulation in Exemption

Numbers: 8607, 8737, 8738, 9299, 9288A, 9569, 9565B, 10167A, 10602, 32827, and 10700.

6. 14 C.F.R. §91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for

the aircraft an exemption will be needed. An equivalent level of safety will be provided as set

forth in the manual. The PIC will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of

flight.

7. 14 C.F.R. §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned

free balloon) that is being used for flight instruction unless that aircraft has fully functioning

dual controls.

UAV’s and remotely piloted aircraft, by their design do not have fully functional

dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft

and for flight instruction in experimental aircraft. See Exemption Numbers 5778K & 9862A.

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The equivalent level of safety provided by the fact that neither a pilot nor passengers will be

carried in the aircraft and by the size and speed of the aircraft.

8. 14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section

91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided

the person operating the helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a UAV that is a multi-rotor VTOL and the

exemption requests authority to operate at altitudes up to 400 feet AGL, or not more than

200 feet above an elevated platform from which operations are planned, an exemption may

be needed to allow such operations. As set forth herein, the UAV will never operate at higher

than 400 feet AGL. It will, however, be operated within a security perimeter -- when training

and education is performed at a public safety facility -- where buildings and people will not

be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the

UAV’s, as well as, the location where they will be operated. No flight will be taken without

the permission of the property owner or facility administrator.

9. 14 C.F.R. §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising by

reference to an altimeter that is set “...to the elevation of the departure airport or an

appropriate altimeter setting available before departure.” As the UAV may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An

equivalent level of safety will be achieved by the operator confirming the altitude of the

launch site show on the GPS altitude indicator before flight.

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10. 14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is enough

fuel to fly to the first point of intended landing , and, assuming normal cruising speed - (1)

During the day, to fly after that for at least 30 minutes; or (2) At night, fly after that for at least

45 minutes.”

The batteries powering EMP’s UAV’s provide approximately 25 minutes of powered

flight. This limitation makes impossible the ability for EMP to meet the 30-minute reserve

requirement in 14 C.F.R. §91.151(a). Accordingly, EMP believes that an exemption from 14

C.F.R. §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing

Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating

the small UAV, in a tightly controlled area where only course participants and official EMP

representatives will be allowed, with less than 30 minutes of reserve fuel, does not engender

the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of

the small UAV.

EMP believes the equivalent level of safety can be achieved by limiting flights to 25%

of battery power. This restriction would be more than adequate to return the UAV’s to their

planned landing zone from anywhere in their limited operating area.

The FAA has issued the following exemptions to this regulation in Exemption

Numbers: 2689F, 5745, 0673, and 10808.

11. 14 C.F.R. §91.203(a) and (b): Carrying Civil Aircraft Certification and

Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless

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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 issued

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible

to passengers or crew.

All of EMP’s UAV’s fully loaded weigh no more than 55 pounds and are operated without an

onboard pilot. As such, there is no ability or place to carry certification and registration

documents or to display them on the UAV’s.

An equivalent level of safety will be achieved by keeping these documents at the

ground control station where the pilot flying the UAV will have immediate access to them, to

the extent they are applicable to the UAV.

The FAA has issued the following exemptions to this regulation in Exemption

Numbers: 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

12. 14 C.F.R. §91.405(a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance

Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in Subpart E of this part and shall between required inspections,

except as provided in paragraph (C) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter...” and others shall inspect or maintain the aircraft in

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these will not apply to EMP. Maintenance will be accomplished by EMP pursuant

to the flight manual and operating handbooks as provided by the manufacture of the UAV.

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An equivalent level of safety will be achieved because these small UAV’s are very

limited in size and will operate for very limited periods of time. If mechanical issues arise, the

UAV can land immediately and will be operating from no higher than 400 feet AGL. EMP will

ensure that every UAV is in working order prior to initiating flight, perform required

maintenance, and keep a log any maintenance performed. Moreover, the operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety.

13. 14 C.F.R. §21.185: Airworthiness Certificate Requirement

EMP seeks relief from the airworthiness certificate requirements of the Federal

Aviation Regulations and proposes to commercially operate the DJI PHANTOM 3 without an

airworthiness certificate, for the special purposes of conducting training and education

programs to public safety professionals on UAV operations during emergency management

activities. EMP seeks relief from the airworthiness certificate requirements of 14 C.F.R.

§21.185 to the extent that the DJI PHANTOM 3, which has not been type certificated by the

FAA, may be operated as if it were a restricted category aircraft for a single, defined, special

purpose operation.

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section

333”), EMP seeks relief from the airworthiness certificate requirements of the FAR because

operation of the DJI PHANTOM 3 will not create a hazard to users of the NAS, or the public,

or otherwise pose a threat to national security. Section 333 sets forth the requirements for

considering whether a UAV will create a hazard to users of the NAS or the public or pose a

threat to national security. Further, Section 333 provides the authority for such UAV to

operate without airworthiness certification.

Reasons Why Granting EMP’s Request Would Be In The Public Interest

Granting the present Petition will further the public interest by allowing Emergency

Manager Project, LLC to conduct training and education programs for public safety

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professionals on how to properly and safely operate UAV’s for emergency management

activities, including during preparedness, mitigation, response and recovery. Additionally,

EMP will further enhance and strengthen public safety throughout New Jersey by promoting

appropriate use of UAV’s, increasing awareness and adoption of this new and evolving

technology.

Privacy

All flights will occur over either open public spaces or controlled access properties

with the prior consent and knowledge by the facility administrator. No flights will occur over

private -- residential or commercial -- properties.

Flight Operations

Flight operations pursuant to the exemption sought would be limited to areas that are

not in the proximity of airports or over populated areas. EMP proposes to only conduct

flights during non-business hours, in daylight, over inactive/not-in-use open public spaces or

within the perimeter of a public safety training facility with pre-approval and authorization of

the facility administrator.

Once the FAA UAV certification program is implemented, EMP will only utilize PIC’s

with a certificate issued by the FAA for operation of all UAV’s. Additionally, all pilots will be

assisted by a designated safety officer with experience and knowledge related to the safe

operation of UAV’s and the DJI PHANTOM 3 UAV itself.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 -- size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security -- provide more than adequate justification for the

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grant of the requested exemptions allowing commercial operation of applicant’s UAV to

train, educate, and exercise public safety professionals in UAV operations during emergency

management activities.

________________________________

Submitted on May 26, 2015

Christopher A. Neuwirth

Emergency Manager Project, LLC

PO Box 4393

2 Technology Drive

Warren, NJ 07059

CNeuwirth@eEmergencyMngr.com

Office: (908)777-0507

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