December 31, 2015

U.S. Department of T

ransportation Docket Management Sy stem 1200 New Jersey

Av e., SE Wa shington, DC 20590 Re: Petition of Aerial Sy stems Unlimited, LL C for an Exemption Pursuant to Section 333 of the F AA Modernization and Reform Act of 2 012 Director: Flight Standards Service: Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F .R. Part 1 1, Aerial Sy stems Unlimited, LLC (“Aerial Sy stems Unlimited”) hereb y applies for an exemption from the Fed eral Av iation Regulations ("F ARs") identified below to allow commercial operation and sale of small specialized unmanned aerial platforms ( i.e., "small unmanned aircraft" or "UAS") for aerial photography and videograph y for crop control, surveying, mapping services, data acquisition as well as for the real estate industry
. Aerial Sy stems Unlimited also provides maintenance and repair services various drone platforms to its customer base. This petition for exemption is made based on information outlined i n this Petition for Exemption, as well as the accompan ying Aerial S ys tems Unlimited documents; 1. PI C Flight Operations Manual and; 2. Operations Manuals (Collectively

2 and 3 are referred to as Documents & Manuals") 3. User Guide and; 4. Flight Manual 1 (Collectively

referred to as "Manufacturer's Manual") Aerial Sy stems Unlimited submits these supporting materials as confidential documents pursuant to 14 C.F .R. § 1 1.35(b), as the materials contain confidential commercial and/or proprietary in formation that Aerial Sy stems Unlimited has not and will not share with other requesting parties. Additionally

, these documents contain operating conditions and procedures that are not generall y available to the public and are protected from release under the Freedom of In formation Act, 5 U.S.C. § 552 et. seq.

1 . T he term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user gui des, component maintenance manuals, pilot training manuals, service information letters and, safety/service bulletins .U.S Department of T ransportation September 23, 2015 Page 2
For your convenience, this Petition is organized as follows: **I. Description of Petitioner**  II. **Description of Pr oposed Operations**  A. Aerial Photograph y and V ideograph y for Infrastructure Inspection **,** Surveying , Mapping Services and Data Acquisition III. **Relevant S tatutory**  **Authority IV.**  **Aerial Systems Unlimited**  **’ Pr**  **oposed UAS Operations Meet the Requir ements**  **of Section 333 of the Reform**  **Act** A. Approval is W

arranted Based on the UAS's Size, W eight, Speed, and Operationa l Capability B. Approval is W

arranted Based on the Operational Restrictions Set Forth in the Operations Manuals V. **Regulations Fr om**  **Which Exemption is Requested** 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 Category Rotorcraft C. 14 C.F .R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Id entification 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. § 61.1 13: 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): Carryi ng Civil Aircraft Certification and Registration H. 14 C.F .R. § 91.103: Preflight Action I. 14 C.F .R. § 91.109(a): Flight Instruction J. 14 C.F .R. § 91.1 19(c): Minimum Safe Altitudes K. 14 C.F .R. § 91.121: Altimeter Settings L. 14 C.F .R. § 91.151(a): Fuel Requirements fo r Flight in VFR Conditions **V1. Drug and Alcohol Pr**  **ogram VII.**  **Public Inter est**  **VIII. Privacy**  **IX. Federal Register**  **Summary X.**  **Conclusion**U.S Department of T ransportation September 23, 2015 Page 3
**I. DESCRIPTION OF**  **P ETITIONER**  Aerial Sy stems Unlimited, based in Sioux Falls, SD provides sales, service and training for small specialized unmanned aerial platforms ( i.e., "small unmanned aircraft" or "UAS") for aerial photograph y and videography
. The Company ’s Principal Pilot and Chief Cody Hanthorn has been fl yi ng UA

V Quadcopters as a hobby and professional ly

for more than three ye ars without incident, spending thousands of hours fl yi ng. We are petitioning for exemption to enable Aerial Sy stems Unlimited, LLC to operate the DJ I Inspire 1, DJ I S900, DJ I Phantom 2, DJIPhantom 3, 3DR Solo , DYS X8, Microcopte r AD8 equipped with a three
- axis camera gimbal and using a High
- Def camera. This sUAS has the failsafe function of the autopilot sy stem which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all c ommand sticks from controller will go to the center position. If the GPS signal is good enough, the sy stem will automatically

trigger Return to Home and will land safely
. Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimb al and Camera
. A Pre
- flight inspection will be performed by the PIC in accordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has an y nicks and cracks with a manufacturers authorized propeller
. The sUAS will be maintained in accordance with the manufacturers instruction manual and only manufacturer's authorized replacement parts will be used. Upon the grant of the 333 Exemption the Company ’s business will specialize in pho tograph y and videograph y for infrastructure inspection, special event coverage, mapping and surveying for the real estate industry

. Aerial Sy stems Unlimited’staf f are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PI C”) in addition to any other needed on site assistance. All of the equipment owned by A erial Sy stems Unlimited is of the highest quality gear and has been able to provide these services safel y and without any claims or incident. Aeri al S ys tems Unlimited’goal is to advise the perspective client that Aerial Sy stems Unlimited is following all the applicable state and federal rules to ensure the safet y of the public while providing the client with a competitive and cost ef fective product
. Aerial Sy stems Unlimited seeks an exemption to allow for photography , videography

and other related media products. The contact information for Petitioner is as follows: Cody Hanthorn Aerial Sy stems Unlimited LLC 3405 S. Alpine Av eU.S Department of T ransportation September 23, 2015 Page 4 Sioux Falls, SD 57 11 0 Phone: (605) 212
- 0478 Email: comacozzee@hotmail.com **II. DESCRIPTION OF**  **P ROPOSED OPERA** 

**TION** Aerial Sy stems Unlimited seeks an exemption pursuant to Section 333 of the Reform Act to operate a host of drone platforms (referred to AH
- UAS ) (under 55lbs) for the proposed operations discussed herein below
. All UAS operations will occur under tightly controlled conditions on private property where Aerial S ys tems Unlimited has received verifiable permission to operate from the landowner, controller or author ized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Aerial Sy stems Unlimited’Operations Manuals. As detailed in Aerial Sy stems Unlimited’Operations Manua ls, all UAS operations will be limited to day time 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, Aerial Sy stems Unlimited’Operati ons Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo
- fencing" technologies. **A. Aerial**  **Photography and Vi**  **deography for Infrastructure Inspection,**  **Surveying, Mappi ng Services and Data**  **Acquisition** Aerial Sy stems Unlimited seeks to use small AH
- UAS for the purpose of conducting aerial photography

, videography

, mapping and surveying services for their client base. Aerial S ys tems Unlimited has purposefully tailored it s operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the real estate industry , including:

 Tr udeau, Realtor® (Exemption No. 1 11 38)  Alon Sicherman (Exemption No. 1 1728)  Sokoler Medly (Exemption No. 1 1341)  Thomas Johann Wa lter (Exemption No. 12719) All UAS real estate photograph y and videograph y operations will occur on private property or approved location in a controlled area away from spectators and persons not involved in the reco rding 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”). A s set forth below, Aerial Sy stems Unlimited’operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed
- wing aircraft or helicopters. Small UAS real estate video production is also safer than tr aditional manned aircraft performing the same function. Vi deographer
- inspectors also frequentl y need to climb roof tops, trees, or otherwise perform elevated work, which exposes them to the risk of dangerousU.S Department of T ransportation September 23, 2015 Page 5 falls, electrocution 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 involves a risk of exposure to hazardous conditions. The u se of AH
- UAS mitigates these hazards and is ultimately a much safer and cost ef ficient method of performing these and most other ty pes of inspections. Moreover, conventional operations using rotorcraft and fixed
- wing aircraft in low level operations prese nt risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherentl y presents significant fire hazards as well as exposure to other chemical contaminates. It is important to note th e 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 robust given the low cost associated with its acquisiti on 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 with 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 highl y dangerous using conventional aircraft or other inspection methods. **III. RELEV** 

**ANT ST AT**  **UTOR**

**Y A UTHORITY**  This Petition for Exemption is submitt ed pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the F AA "to safely accelerate the integration of civil unmanned aircraft s ys tems into the national airspace sy stem." Pursuant to Section 333 of the Reform Act, the F AA A dministrator is to permit unmanned aircraft s ys tems to operate in the National Airspace S ys tems ("NAS") where it is safe to do so based on the following considerations:
● The UAS's size, weight, speed and operation al 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 F AA A dministrator has general authority to grant exemptions from the ag ency 's safet y regulations and minimum standards when the Administrator decides a requested 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 part y requesting an exemption must explain the reasons wh y 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 safet y at least equal to the existing rules). See 14 C.F .R. § 1 1.81 (petitions for exemption). **IV .**  **AERIAL**

**Systems Unlimited’ PROPOSED**  **AH -**  **UAS OPERA TIONS MEET THE**  **REQUIREMENTS OF**

**SECTION 333 OF**

**T HE REFORM**  **ACT**U.S Department of T ransportation September 23, 2015 Page 6 The small AH
- UAS operations proposed b y Aerial Sy stems Unlimited 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. Appr**  **oval is Wa**  **rranted Based on the UAS's Size, W eight, Speed, and**  **Ope rational Capability**  A Grant of Exemption is appropriate for operations conducted using the UASs due to their size weight, speed, and operational capability
.
 The AH
- UAS utilized by A erial Sy stems Unlimited has been approved for use in prior Section 333 Grants of Exemption from the F AA. 2

 The AH
- UAS weighs less than 55 pounds, including pay load

 The AH
- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may

use either groundspeed or calibrated airspeed to determine complianc e with the 50 knot speed restriction.

 Altitude information will be generated b y equipment onboard the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or an y combination thereof. This information will be transmitted to the pilot via telemetric data feed.

 The AH
- UAS will have sy stem redundancies and independent functionality to ensure the overall safet y and predictabilit y of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UASs to return to a predetermined location and safely land without injury

or damage.

 The radio frequencies used for operations and control of the AH
- UAS comply with the Federal Communications Commission ("FCC") and other a ppropriate government oversight agency requirements. The operating frequency for the AH
- UAS is 2.4 GHz frequency

bands. If the same operations were conducted using a helicopter, the aircraft's take
- of f weight would likely exceed 6,000 pounds depending on payload. The dif ference in weight between the AH
UAS and a helicopter significantly reduces the potential harm to the participating and non
participating individuals and/or surrounding property in the event of an unintended accident or incident. In additi on, the risk to the onboard pilot and camera operator is eliminated.

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 1 1138); Grant of Exemption to Alon Sicherman (Exemption No. 1 1728); Grant of Exemption to Sokoler Medly (Exemption No. 1 1341).U.S Department of T ransportation September 23, 2015 Page 7 **B. Appr**  **oval is Wa**  **rranted Based on the Operational Restrictions Set Forth in**

**Aerial Systems Unlimited’**  **Operations Manuals** Operations Manuals and the Manufacturer's Manual for the selected AH
- UAS will contain all the procedures and limitations necessary to safel y and successfull y perform the operations specified in this Petition for Exemption. To assist the F AA in making a safet y assessment of Aerial Sy stems Unlimited’proposed operations, below is a summary of operational limitations and conditions that Aerial S ystems Unlimited will adhere to, and which will ensure an equivalent or higher level of safet y to operations conducted under current regulatory guidelines: 1. The AH
- UAS weighs less th an 55 pounds, with payload. 2. All operations shall be conducted over private or controlled
- access propert y with verifiable permission 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 UAS 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 consist of a pilot, who will be Pilot
- in Command ("PI C") of the AH
- UAS, and one or more Vi sual Observers ("Observer") as necessary

to saf el y conduct the mission. 5. PI Cs shall possess either a private, recreational, or sport pilot certificate. The PI C must also hold a current Class III medical certificate or a valid U.S. driver ’s license issued by a state, the District of Columbia, Puerto Ric o, a territory , a possession, or the Federal government. The PI C will also meet the flight review requirements specified in 14 C.F .R 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate. 6. The AH
- UAS shall be operated within VLOS of the PI C and Observer at all times. The PI C must use human vision unaided by an y device other than corrective lenses, as specified on the PIC's F AA
- issued medical certificate. 7. The PI C and Observer designated for an y operation will be able to communicat e verball y at all times. 8. Electronic messaging or texting will not be permitted during flight operations. 9. The additional requirements identified in the Grant of Exemption shall be added to the Aerial Sy stems Unlimited’Operations Manuals. The Operations M anuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and AerialU.S Department of T ransportation September 23, 2015 Page 8 Sy stems Unlimited’Operations Manuals, the conditions and limitations in th e Grant

of Exemption shall take precedence and must be followed. Otherwise, Aerial Sy stems Unlimited shall follow the procedures outlined in their Operations Manuals. 10. Aerial Sy stems Unlimited may update or revise its Operations Manuals. Revisions will be tracked and a revised cop y of the Manual will be provided to the Administrator upon request. Aerial Sy stems Unlimited will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. I f an u pdate or revision would af fect the basis upon which the FAA grants the exemption, Aerial Sy stems Unlimited will seek an amendment to its Grant of Exemption. Aerial Sy stems Unlimited will contact the F AA’s UAS Integration Office (AFS
- 80) if questions arise regarding updates or revisions to the operating documents. 11. Aerial Sy stems Unlimited Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station any time the AH
- UAS is operating. 12. The PI C is prohibited from beginning an AH
- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fl y to the first intended point of landing, and assuming normal cruising speed, to fl y after that for at least 10 minutes. 13. Maximum total flight time f or each operational flight using the AH
- 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 mor e than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the F

AA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet ab ove 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 PI C, VO, operator trainees or essential pers ons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/ controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;U.S Department of T ransportation September 23, 2015 Page 9
c. Operations nearer to the PI C, VO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.1 19(a). 16. The AH
- 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 PI C. 17. The AH
- UAS may

not operate within 5 nm of an airport reference point as denoted on a current F

AA
- published aeronautical chart unless a letter of agreement with that airport’ s management is obtained, and the operation is conducted in a ccordance with a NOT AM as required by the Aerial Sy stems Unlimited COA. The letter of agreement with the airport management will be made available to the Administrator upon request. 18. Prior to each flight the PIC shall inspect the AH
- UAS to confirm that it is in a condition safe for flight. The pre
- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents as well as equipment updates. The PIC shall not operate an y AH
- UAS if the inspection reveals a condition that af fects the safe operation of the AH
- UAS until the necessary maintenance has been performed and the AH
- UAS is found to be in a condition for safe flight. The ground control station sh all be included in the preflight inspection. All maintenance and alternations must be properl y documented in the UAS’ s records as required by A erial Sy stems Unlimited’ Operations Manuals. 19. Aerial Sy stems Unlimited will timely carry out its maintenance, ins pections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the AH
- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the AH
- UAS to service. 20. Any A H
- 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 Aerial Sy stems Unlimited’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 fl ight and AH
- UAS record entry shall be included in the Aerial Sy stems Unlimited’Operations Manuals. 21. The AH
- UAS will be operated and maintained according to the Manufacturer's Manuals and an y required manufacturer Safet y/ Service Bulletins and product updat es. 22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Aerial Sy stems Unlimited’Operations Manuals. 23. Aerial Sy stems Unlimited will obtain an Air T raf fic Organization ("A

TO ") issued Certificate of W

aiver or Authorization, otherwise known as a COA, prior toU.S Department of T ransportation September 23, 2015 Page 10 conducting an y operations under this Grant of Exemption. A NOT AM will be issued as required b y the COA. All operations will be conducted in accordance with airspace requirements in the AT O issued COA includin g class of airspace, altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmenta l agencies. 25. If the AH
- UAS loses communication with the PIC, it will have the capability to safel y return to a pre - determined location within the operational area and land safely
. 26. Contingency

plans will be in place to safel y terminate flight if there is a loss of communication between the PI C and the Observer
. 27. The AH
- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies. 28. PI Cs and Observers will have at least a current Class III Medical Certificate or a va lid and current state driver ’s license issued within the United States
. 29. Prior to conducting operations for filming, the PI C will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours tota l time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar AH
- UAS ty pe platform. This requirement can be achieved by flights conducted and logged as a hobb yi st. 30. Prior to conducting operations for filming, the PI C 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 AH
- UAS to be utilized for operations under the exemption and three take
- offs and three lan ding in the preceding 90 day s. 31. Operations shall occur during day time VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted. 32. The AH
- UAS shall remain clear and yi eld the right of way to all other manned op erations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 33. AH
- UAS Operations under Instrument Flight Rules, at night, or bey ond VLOS are prohibited. 34. The UAS will not be operated from an elevated platform unless designed and engineered specificall y for such purposes and be in compliance with the general restrictions imposed by

the applicable regulations
. Additionally no PIC will provideU.S Department of T ransportation September 23, 2015 Page 11 any

film
- flight operati ons while in motion from atop any elevated platform vehicle or device. 35. Before conducting operations, the radio frequency spectrum used for operation and control of the AH
- UAS will comply with the Federal Communications Commission (FCC) or other appropriat e government oversight agency requirements. **V**
. **REGULA**

**TIONS FROM WHICH EXEMPTION IS REQUESTED**  The Federal Av iation Act expressly grants the F

AA the authorit y to issue exemptions. This statutory authorit y, by

its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safet y regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3 Aerial Sy stems Unlimited seeks an exemption from several i nterrelated provisions of Ti tle 14 of the Code of Federal Regulations ("14 C.F .R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using AH
- 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 **UNMANNED AIRCRAFT**  **SYSTEM** A. 14 C.F .R. Part 21, S ubpart H

– Airworthiness Certificates and 14 C.F .R. §91.203(a)(1) The F AA 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 safet y when compared to airc raft normall y used for the same application. These criteria are met and in point of fact exceeded, and therefore no exemption is needed. 5 If, however, the F AA determines that there are some characteristics of the chosen UAS that fail to meet the requirem ents of the Reform Act, an exemption is requested. **Equivalent Level of Safety** Aerial Sy stems Unlimited’use of the AH
- UAS is safe when taking into account its size, weight, speed, and operational capability
. As set forth in the description of proposed op erations in
3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702
- 44716). 4 14 C.F .R § 1 1.81(e), which requires a petition for exemption to include: The reasons why granting the exemption w ould not adversely af fect safety

, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.
5 See Grant of Exemption No. 1 1062 to Astraeus Aerial (F AA
- 2014
- 0352 at pgs. 13
- 14, 22).U.S Department of T ransportation September 23, 2015 Page 12 Section IV

(A), the AH
- UAS weighs less than 55 pounds, including pay load and will not be flown at a ground speed in excess of 50 knots. The AH
- UAS is also equipped with safet y features which will allow Petitioner to operate the AH
- UAS safel y a fter experiencing certain in
flight contingencies or failures as noted below
. 6 7 Additionally

, the AH
- UAS carries neither pilots nor passengers, carries no explosive materials or flammable liquid fuels, or other elements identified by Homeland Securit y as being prohibitive and operate exclusively

within the parameters stated in Aerial Sy stems Unlimited’Operations Manuals. Operations conducted under this exemption will be closel y controlled and monitored by the PIC operator and will be conducted in compli ance with local public safet y requirements, to provide securit y for the area of operation. Aerial S ys tems Unlimited will also provide the F AA with advance notice of all operations via NOT AMs as required by

the applicable COA. In all cases, operation of the AH
- UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate. Lastly , the AH
- UASs do not need a means to communicate with other aircraft or AT C, because those capabili ties will be solely possessed b y the PIC and Observer, who are not onboard the AH
- UAS. 8 In addition, no sense - and
- avoid technology is necessary

for the AH
- UASs because they will be operated at all times in VFR conditions and within VLOS of the PI C and Ope rator
. 9 B. **14 C.F**

**.R. Part 27 Airworthiness S** **tandards: Normal Category Rotor craft** 

6 See e.g., Grant of Exemption No. 1 11 84 to Low Country RC, Corp. (F

AA
- 2014
- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing c ertain in
- flight contingencies or failures and uses an auto - pilot system to maintain UAS stability and control. The UAS 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 level of safety compared to a manned aircraft performing a similar operation."
7 See e.g., Grant of Exemption No. 1 11 84 to VDOS Global, LLC. (F AA
- 2014
- 0382 at pgs. 4
- 5): "The AH
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. T he AH
- 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 flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot ente r areas deemed unsafe or unnecessary to fly over
. The petitioner states further that the UAS has built
- in intelligent fault handling which allows the AH
- UAS to detect a system fault while in the air and automatically fly back to its takeof f location and land. Faults that can be detected include: loss of communication; exceeding pre
- set wind thresholds; and low battery levels. 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 control system employs not only GPS positioning but a variety of sensors including sonar , barometric pressure, temperature, wind speed and othe rs 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."
8 See Grant of Exemption No. 1 1062 to Astraeus Aerial (F AA
- 2014
- 0352 at pg. 13).
9 . IdU.S Department of T ransportation September 23, 2015 Page 13
Ti tle 14 C.F .R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category

rotorcraft. To the extent that Aerial Sy stems Unlimited’small AH
- UASs would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F .R. R. Part 21, Subpart H, supra . C. **14 C.F**

**.R. §§ 91.9(c ), 45.23(b) and 45.27(a):**  **Aircraft Marking and Identification Requir**  **ements** Aerial Sy stems Unlimited 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 registration number is display ed on limited, restricted or light
- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also disp lay

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light
- sport, "experimental," or "provisional," as applicable.
● 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 b y § 45.23. In a previous Grant of Exemption, the F AA 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 AH
- UAS s flown b y A erial Sy stems Unlimited will bear N
- number markings that are as large as practicable in accordance with 14 C.F .R. Part 45, Subpart C. 11

10 . F AA Docket No. F

AA
- 2014
- 0352.U.S Department of T ransportation September 23, 2015 Page 14 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**  Aeri al Sy stems Unlimited 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 chapter"). An exemption fr om these re gulations is needed because Part 43 and these sections only apply to air craft with an airworthiness certificate, which the UAS platforms to be operated under this grant of exemption will not have . (E mphasis added) **Equivalent 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 Safet y or Service Bulletins. Further, as required b y Aerial Sy stems Unlimited’ Operations Manuals, the PI C will conduct a pre
- flight inspection of the AH
- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be per formed and verified to address an y conditions potentially affecting safe operation of the AH
- UAS and no flights will occur unless, and until, all flight critical components of the AH
- UAS have been found to be airworthy and in a condition safe for operation
. A functional test flight will be conducted following the replacement of any flight
critical components. As required b y Aerial S ys tems Unlimited’Operations Manuals, the PI C who conducts the functional test flight will make an entry in the AH
- UAS aircraft records of the flight. Aerial Sy stems Unlimited’Operations Manual also includes requirements to follow the manufacturer ’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable co mponents: powertrain sy stem (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera s ys tem, electrical sy stems (including batteries), ground control station, hazard accessories, and spare parts. F urther, Aerial Sy stems Unlimited’Operations Manuals also include procedures to document and maintain a record of the AH
- UAS’ s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in servic e of the AH
- UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Aerial Sy stems Unlimited’Operations Manuals ensure that an equivalent or higher level of safet y will be achieved. **PILOT -**  **IN -**  **COMMAND OF**

**T H**  **E UAS** E. **14 C.F**

**.R. § 61.1 13: Private Pilot Privileges and Limitations** 

11 See, e.g., F

AA Docket No. F

AA
- 2014
- 0352, at 14.U.S Department of T ransportation September 23, 2015 Page 15 Aerial Sy stems Unlimited seeks exemption from 14 CFR § 61.1 13, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a se cond class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of an y PI C matches the airspace in which the PI C will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo f or hire. In this case, while the AH
- UASs will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the F AA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PI C to have a Commercial Pilot Certificate and Class III Medical Certificate. 12 The fulfillment of the additional requirements for a private pilot to b ecome qualified as a commercial pilot would not lead to any additional safet y benefits when UAS operations are involved. **Equivalent Level of Safety** The restrictions Aerial Sy stems Unlimited has placed on its AH
- UAS operations meet or exceed the restric tions similarly

imposed on Astraeus Aerial. Aerial Sy stems Unlimited will operate on private property

away from persons and propert y not involved in the operation. Aerial Sy stems Unlimited will also obtain an AT O issued COA prior to conducting any

operati ons under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the AT O issued COA

including class of airspace, altitude level and potential transponder requirements. A NOT

AM will also be issued as required b y the applicable COA. In addition to these flight restrictions, Aerial Sy stems Unlimited will further ensure safe operation b y requiring that an y P IC be thoroughly versed not onl y in airspace and communication issues pertaining to all aircraft operators b ut also in the unique aspects of AH
UAS flight. As set forth in the Operations Manuals, pilots will have experience not onl y in AH
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 Aerial Sy stems Unlimited. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Aerial Sy stems Unlimited pilots are competent and proficient in the AH
UASs they

are operating. Aerial Sy stems Unlimited’training and qualification requirements are consistent with those contained in prior F AA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency

for its pilots and wi ll ensure at least an equivalent level of safety

to the public.

**OPERA TING**  **P ARAMETERS OF** 

**T HE UAS**  F. **14 C.F**

**.R. § 91.7(a): Civil Air**  **craft Airworthiness**  In asmuch as there will be no airworthiness certificate issued for the UASs, Aerial Sy stems Unlimited seeks an exemption from 14 C.F .R. § 91.7(a), which requires that a civil aircraft be in

12 Exemption No. 1 1062 (F AA Docket No. F

AA
- 2014
- 0352).U.S Department of T ransportation September 23, 2015 Page 16 airworth y condition to be operated. The F AA 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 foun d inapplicable. 13 Accordingly

, Petitioner requests 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 Air**  **craft Flight Manual in the Air**  **craft and 14 C.F .R.**  **§ 91.203(a) and (b): Carrying Civi l**  **Air craft Certification and Registration**  Ti tle 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 b y § 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 an y 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 airw orthiness 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 display ed at the cabin or cockpit entrance so that it is legible to passengers or crew
. Given the small size and configuration of the AH
- UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the AH
- UAS because there is simply no room and the AH
- UAS has no cabin or cockpit. As a way to comply

with the code Aerial Sy stems Unlimited will maintain the documents with the PI C and make them available for inspection. **Equivalent Level of Safety** In an F AA Of fice of Chief Counsel's Opinion dated August 8, 2014, and prepare d by Dean E. Grif fith, 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 document s from the ground control station

13 See Id. at 13
- 14, 22.U.S Department of T ransportation September 23, 2015 Page 17 from which he or she is operating the aircraft. 14 As this F AA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equival ent level of safet y will be achieved b y 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**  Aerial Sy stems Unlimited seeks an exemption from 1 4 C.F .R. § 91.103, which requires a PI C to become familiar with specific information before each flight, including information contained in the F AA
- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safel y conduct the flight, an exemption is requested 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 Aerial S ys tems Unlimited’ Operations Manuals and the Manufacturer's Manual. The PI C will perform a series of checklists designed to identify

any defects or inoperable components in accordance with the Aerial Sy stems Unlimited’Operations Manuals, including checklists covering Pre
- Flight, Launch, Land ing, and Post
- Flight procedures. The PI C will also be required to review weather, flight requirements, battery charge, landing and takeof f distance, UA

performance data, and contingency landing areas
— before initiation of flight. Aerial Sy stems Unlimited’O perations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PI C at all times while operating the UAS. **I. 14 C.F** 

**.R. § 91.109(a): Flight Instruction** Aerial Sy stems Unlimited seeks an exemption f rom 14 C.F .R. § 91.109(a), which provides 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 remotel y piloted aircraft, b y 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 f light instruction requirements of 14 C.F .R. § 91.109(a). **Equivalent Level of Safety** Given the size and speed of the UASs that Aerial Sy stems Unlimited intends to use, an equivalent level of safe training can still be performed without dual controls becau se no pilot or passengers are aboard the UAS, and as required by the Aerial Sy stems Unlimited’Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences an y

14 Mem orandum from Mark Bury , F AA A ssistant Chief Counsel for International Law , Legislation and Regulation, to John Duncan, F AA Flight Standards Service (Aug. 8, 2014); see also Docket No. F AA
- 2014
- 0352 at 16
- 18.U.S Department of T ransportation September 23, 2015 Page 18 dif ficulties during flight instruction. Moreover, as requi red b y the Aerial Systems Unlimited’ Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safet y procedures provided for in Aerial Sy stems Unlimited’Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safet y than that provided b y the flight instruction regulations. **J. 14 C.F** 

**.R. § 91.1 19(c): Minimum Safe**  **Altitudes** Aerial Sy stems Unlimited requests an exemption from the minimum safe altitude require ments of 14 C.F .R. § 91.1 19(c). 15 Section 91.1 19 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. § 91.1 19(c). Section 91.1 19(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any

ro utes or altitudes specifically prescribed for helicopters by the F AA." An exemption is required because the proposed AH
- UAS operation will normally need to occur below 400 feet AGL. In circumstances where the AH
- UAS is used to inspect a structure whose he ight exceeds 400 feet AGL, the AH
- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Additionally , due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the AH
- UAS. **Equivalent Level of Safety** Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these operations is far less than those which presently exist with conventional aircraft. An equivalent level of safet y will be achieved given the size, weight, and speed of the AH
- UASs, 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 inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that str

ucture and 50 feet horizontally of the structure. As set forth in the Operations Manuals, the AH
- UASs 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, unl ess that person is in a position where he or she is shielded from the AH
- UAS and an y possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the AH
- UAS le aves a shielded

15 Relief from § 91.1 19(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.1 19(b) will not be necessary . See e.g., Grant of Exemption No. 1 11 57 to Slugwear, Inc., dba Like on a tree Aerial (F AA
- 2014
- 0534 at 15).U.S Department of T ransportation September 23, 2015 Page 19 position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the propert y owner/controller timely has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.1 19(a). Adherence to these restrictions in Aerial Sy stems Unlimited’Operations Manuals will ensure operations can be conducted without compromising public sa fety
. 16 **K. 14 C.F** 

**.R. § 91.121: Altimeter** 

**Settings** Aerial Sy stems Unlimited 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 have a barometric altimeter, but rather a GPS altitude read out. **Equivalent Level of Safety** The F AA has stated that an equivalent l evel of safety to the requirements of 14 C.F .R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated 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 AH
- UASs that Aerial Sy stems Unlimited intends to use for the proposed operation s will meet all these operational characteristics. Moreover, as required b y Aerial Sy stems Unlimited’ Operations Manuals, the PI C will be required to calibrate the aircraft's GPS compass prior to each flight operation. L ike prior F AA Section 333 Grants of Exemption, the AH
- UASs Aerial Sy stems Unlimited intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safet y or greater level will be achieved, and a Grant of Exemption to the requ irements of § 191.121 is therefore appropriate. L. **14 C.F**

**.R. § 91.151(a): Fuel Requir ements for**  **F light in**  **VFR Conditions**
16 See e.g., Grant of Exemption No. 1 11 38 to Douglas Trudeau (F AA
- 2014
- 0481 at 19): "If barriers or structures are present that can sufficiently protect nonparticip ating persons from the UA or debris in the event of an accident, then the UA

may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation aris es where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately
. When considering how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the F AA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assess ment of the risk of operating closer to those objects and determines that it does not present an undue hazard." 17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure. 18 See Grant of Exemption No. 1 1062 to Astraeus Aerial (F AA
- 2014
- 0352 at 21).U.S Department of T ransportation September 23, 2015 Page 20 Aerial Sy stems Unlimited requests an exemption from 14 C.F .R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91. 151 states: (a) No person may

begin a flight in an airplane under VFR conditions unless (considering 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 fl y after that for at least 30 minutes; or (2) At night, to fl y after that for at least 45 minutes. Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30
- minute battery reserve. An exemption from the fuel requirements of 14 C.F .R. § 91.151(a) is therefore required. Moreover, it is not Aerial Sy stems Unlimited’intention to fly the AH
- UASs at night. **Equivalent Level of Safety** In the Grant of Exemptio n to VDOS (Exemption No. 1 111 2), the F AA determined that an equivalent level of safet y to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PI C from beginning a AH
- UAS flight unless (considering wind and forecast weath er conditions) there was enough power to fl y to the first intended point of landing and, assuming normal cruising speed, to fl y after that for at least 10 minutes. In reaching this conclusion, the F

AA considered that the UAS batteries for the AH
- UAS provid e approximately 50 minutes of powered flight (with pay load) and provided battery level and battery

time remaining in minutes and seconds to the PI C. 19 The F AA also considered the fact the AH
- UAS operating manual states: “start every flight with a fully

charged battery

in the aerial vehicle”, and that in the event that the AH
- UAS should run low on power, the PIC will be alerted and can safel y land the
- AH
- UAS as soon as possible. L ike the VDOS Grant of Exemption, Aerial Sy stems Unlimited’use of the AH
- UAS, c ombined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safet y can be achieved and in fact exceeded. Similarly , in the Grant of Exemption to Alan Purwin (Exemption No. 1 11 61), the F AA determined that an equivale nt level of safet y to the fuel requirements for flight in VFR conditions could be achieved b y prohibiting the PI C from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safel y fly at normal cruising speed to the intended landing point and land the UA with 25% battery

power remaining. Aerial Sy stems Unlimited will adhere to this limitation for its AH
- UAS flights. The AH
- UAS includes a low battery warning s ys tem and the amount of battery rese rve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from the AH
- UAS to a ground
- based
- on - screen display
. 20 As required b y Aerial Sy stems Unlimited’

19 . Grant of Exemption No. 1 111 2 to VDOS Global, LLC (F AA
- 2014
- 0382 at 10). 20 . T he AH
- UAS ground control station displays, the UAS position, navigation route , tail number, altitude,U.S Department of T ransportation September 23, 2015 Page 21 Operations Manuals, the PI C will promptly fl y the AH
- UAS ba ck to the home launch location or pre - determined abort location where it may safel y land, while still maintaining a minimum of 25% reserve battery

power. Aerial Sy stems Unlimited submits that the procedures requiring flights to be safel y terminated once th e 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 55 pounds, and within VL OS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safet y to the public to that provided by the regulations from which exemption is sought. **VI. DRUG** 

**A ND**  **ALCOHOL**

**PROGRAM** Aerial Sy stems Unlimited will have policies in place to ensure that no person may participate in AH
- UAS flight operations if they are under the influence of alcohol or an y drug. **VII. PUBLIC INTEREST**  The public interest will be served b y granting Aerial Sy stems Unlimited’Petition for Exemption. Congress has established a national policy that fav ors earl y integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

—the F AA A dministrator's assessment of whether certain UAS may operate safel y in the NAS before completion of the statutorily required rulemaking. The proposed AH
- UAS operations in this Petition for Exemption significantly improves the safet y and reduces risk of har m, phy sical injury

and propert y damage to the public at large, the propert y owners from whom permission was granted for use b y Petitioner and abutting properties, staff of Petitioner, unsuspecting passersby , inspecting engineers from relevant organizations and all those who may be in the local vicinity

. T raditional methods of providing surveillance and mapping services location personnel to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual is neither trained nor equipped to perform, which exposes them to unnecessary risk of serious phy sical injury

from dangerous falls or other phy sical mishaps. Moreover, inspectors/survey ors are often unnecessaril y exposed 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 UAS can eliminate these hazards and ultimately

create a much safer method of performing these t yp es of inspections creating a safer environment for the public as well as Aerial Sy stems Unlimited employ ees. The use of small UAS also enhances safet y and reduces risk to the surrounding public because, unlike manned ai rcraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UAS carry

no passengers, crew or explosive fuel. Furthermore, in the unlikely event of an accident, Aerial S ys tems Unlimited’small battery powered AH
- UAS presents signif icantly heading, north seeking arrow , range to targets, calculated target position, date/time, and sensor heading and orientation relative to the UAS.U.S Department of T ransportation September 23, 2015 Page 22 less danger to persons on the ground when compared to operations b y conventional manned aircraft. 21 As Petitioner's AH
- UAS are battery powered, the public will also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air qualit y will naturally be improved with the reduction of fuel powered vehicles. Lastly , as recognized by

the F AA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional economic tool for the aerial filming notwithstanding the industry , adding a greater degree of flexibility , which supplements the current capabilities of fered b y manned aircraft. 22 The quality

of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatl y reduced while reducing the difficulty with which the finished product is created. The demand for th e current industrial product is increasing 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 along with an appropriate licensed PI C’ s. **VIII. PRIV** 

**ACY** All AH
- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy

. All operations shall be conducted over private or controlled
- acce ss propert y 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 SUMMAR Y**  Pursuant to 14 C.F .R. Part 1 1, the following summary is provided for publication in the FEDERAL

REGI STER, 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, Sub part H; Part 27; 45.23(b); 45.27(a); 61.1 13; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.1 19(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).

21 See Grant of Exemption No. 1 11 58 to Team 5, LLC (F AA
- 2014
- 0783 at 12): "Manned helicopters 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. T he petitione r’ s UAs will weigh less than 55 pounds with no onboard pilot or crew

. T he pilot and crew

w ill be remotely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. 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." 22 See e.g., Grant of Exemption No. 1 11 78 to Picture Factory , Inc. (F AA
- 201 4
- 0794 at 18).U.S Department of T ransportation September 23, 2015 Page 23 The exemption will enhance safet y b y reducing risk to the aircraft crew , production crew

, general public, propert y 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**  Aerial Sy stems Unlimited’Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operati on within VLOS and national security
. The proposed AH
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 thereb y increasing the demand f

or the finished product. In consideration of the foregoing, this Petition for Exemption provides the F AA with more than adequate justification for granting the requested exemptions allowing Aerial Sy stems Unlimited to use small AH
- UAS s in the recorded pro duction of its product. We thank y ou for y our prompt consideration of our requested exemptions. Respectfully

Submitted,

Cody Hanthorn Aerial Sy stems Unlimited LLC 3405 South Alpine Av e. Sioux Falls, SD 571 10 Phone: (605) 413
- 3741 Email: comacozzee @hotmail.com (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. § 1 1.35(b)). 10. Equipment Checklist 11 . UAS Manufacturer ’s Manuals a. User Manuals b. UAS Maintenance Manuals