Aerial Drone Solutions

Bry ce A Young Ronald James Cochran II 213 Garnsey Metamora, OH 43540 (419) 825

- 6466 Aerialdronesolutions419@gmail.com Date: February

5, 2016 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 RE: Amended Petition of Aerial Drone Solutions for Exemption Pursuant to Section 333 of the FAA Reform Act Attn: To whom it may concern After researching further I would like to submit an amended petition. I found one issue that may cause delay or possible refusal of approval for my exemption. I have removed those references in this amended petition. I also need to amend the list of aircraft and add one description of proposed operations. The changes are as follows: 1) Opening p aragraph: added News gathering as a proposed operation 2) List of requested operations: Removed mention of night operations. 3) List of requested operations: Added News Gathering 4) List of requested relief from rules: Removed reference to 91.205 (c) 5 ) List of requested relief from rules: Removed mention of 91.209 6) List of approved aircraft: Added DJI Phantom 3 7) List of approved aircraft: Added 3DR Solo 8) Detailed list of rules and alternate method of compliance: Removed 91.205 (c) 9) Detailed list of rules and alternate method of compliance: Removed 91.209

I ask that y ou process this amended request in place of the original as it fits with previous petitions for exemption.Pursuant to Section 333 of the FAA Modernization and Reform Act of 20 12 (the Reform Act) and 14

C.F.R. Part 11, Aerial Drone Solutions operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, News gathering, Aerial Surveying, Closed set Video production, search and rescue, training, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as m ay be established by the FAA as required by Section 333.1 As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Aerial Drone Solutions to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or

ex ceeding all of the operational and safety requirements Congress has set forth in Section 333. Page 2. Aerial Drone Solutions asks that if any part of this request is deemed not in compliance, that part be removed and process the remaining of this request a s applicable. Ronald Cochran II has been active in Radio Controlled Aircraft for over 8 years with experience rotary wing and multi

- rotor aircraft. Aerial Drone Solutions plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Event Photography/Videography

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Search and Rescue

- Construction site inspections and monitoring

- Closed set video produc tion

- News Gathering Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “ shall determine if certain unmanned aircraft systems may operate safely

in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this A ct.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.The Petitione r Requests Relief From the Following:

Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and per sonnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. We are petitioning for exemption to enable Aerial Drone Solutions to operate the DJI Inspire 1, , DJI Phantom 3, 3DR Solo equipped with a 3

- axis camera gimbal and using a High

- Def camera. This sUAS has a built

- in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator. They also has the failsafe function of the autopilot system which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger Return t o Home and will land safely. Please refer to the included Instruction Manuals for the performance limitations and flight operations. Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimbal and Camera A Pre

- flight inspectio n 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
any 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. **FCC Information** This transmitters used for controlling the sUAS complies with part 15 of the FCC rules. Operation is subject to the following two conditions:(1) This device may not cause harmful interference, and (2) this device must accept any interference

received, including interference that may cause undesired operation. The radio transmitters used for controlling the sUAS is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitters in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitters, the PIC will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety

requirements as determined by FCC regulations. **Pilot in Command and Observer Qualif ications and Duties**  The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical certificate or drivers license, plus at least 1 hours flying time and 3 takeoffs and landings within the previous 90 days in the ty

pe of UAS utili zed in operations. The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled Model Aircraft of which will be 5 hours flying sUAS's. Training will be conducted at a local Controlled Access flying field. Aerial Drone Sol utions has the ability to provide "dual controls" utilizing two transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizi ng the master transmitter, will be at all times be able assume control of the sUAS. The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability The Observer must have the visual acuity to observe the sUAV and be able to communicate clearly with the PIC. The O bservers duties are; warning the PIC of any impending obstacles in the flight path of the sUAS. warning the PIC of any deviations in the planned flight path of the sUAS. warning the PIC should any unauthorized personnel appear in the area of the planned flight. The Observer will have the authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely. **General Operating Standards**• Aerial Drone Solutions will only operate its sUAS in line of sight of a pilot and/or observer and will

operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." • Be fore an operation of a sUAV within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAV will be operated. The sUAS will not be opera ted at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. Before an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the PIC will give the right of way to avoid flying in the proximity of full

- scale aircraft. At no time will the sUAV be operated within the final approach course and the takeoff course of any
runway . The sUAV will not be operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. • Maximum flight time for each operational flight will be 30 minutes. • Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. • The sUAV will be programmed so th at it will be operated at an altitude of no more than 400 feet AGL. • Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. • The sUAV operated by the petitioner weighs less than 55 pounds, including the
pay load (i.e. came ra, lens, and gimbals). • The sUAV will operate at speeds of no more than 30 knots, can hover, and can simultaneously move vertically

and horizontally

. • Given the small size of the sUAV and the restricted sterile environment within which they will
operate, our sUAV operations adhere to the Reform Act's safety requirements. The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and w ill thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury . W ith a small payload and maximum flight time of only 20 minutes, this is offers little or no risk to national security. Lo w le vel oblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable toand benefit many buyers and sellers of real property as well as mitigating risk by not carrying personnel for flight operations. The applicant is currently employed as an EMS pilot and has a history of 10+ years of fire/EMS/Rescue experience so Additionally, we request that we be allowed to u se our sy stem to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so. (a) No flight will be made with a Gr oss weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) All required permits will be obtained from state and local government prior to operation; **EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY** Aerial Drone Solutio ns requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System: **14 CFR Part 21, Airworthiness Certificates** This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the Blade DJI Inspire, DJI Phantom 2, Parrot Drone AR 2.0 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research and development** 

. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing compliance with regulations** 

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show co mpliance for issuance of ty

pe and supplemental ty

pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be u sed for commercial purposes such as market survey s, sales demonstrations, and customer crew training, we would expect that anexperimental certificate would permit our commercial purpose as well. The aircraft will not carry

persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certif icated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general , citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be p laced, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (Pilot In Control), V O (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registrati on information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 N M of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. **14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and**  **limitations.** The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connect ion with any business or employment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at leas t a Sport Pilot Certificate with a Drivers License and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. **14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate**  . As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements** 

. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flightmanual information is available to the aircrew while operating the aircraft. We request an exemption

to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. **14 CFR 91.109 Flight Instruction; Simulated instrument fli ght and certain flight tests**  The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conducted at a local Limited Access flyi ng field. Aerial Drone Solutions has the ability to provide "dual controls" utilizing two transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. T he PIC instructor, utilizing the master transmitter, will be at all times be able assume control of the sUAV. **91.119 Minimum safe altitudes** : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. **CFR 91.121 Altime ter settings** 

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitude s in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS

on

- board computer to the display screen held by the PIC, providing a constantly updated AGL reado ut. **14 CFR 91.151 Fuel requirements for flight in VFR conditions**

. The regulation provides that no person may begin a flight in an airplane under day

- vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afte r that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety

buffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fu el" and ask for an equivalent interpretation with the word "energy ".**14 CFR 91.203(a) & (b) Civil aircraft: Certifications required**

.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a r egistration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.1 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of
carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on air worthiness and registration certificates be permanently

affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements**  This regulation provides a minimum set of instruments and equipment required for day and night VF R flight. Due to the small size of the sUAS it would be impossible to carry many of these instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller. 91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than the maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much of this equipment is too heavy to be carried by the sUAS. We feel that visual contact with the sUAS and indications provided via the controller that all critical information can be monitored. **14 CFR Subpart E (91.401**

**- 91.417)** 

**- Maintenance, Preventive Maintenance, Alterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by

the manufacturer or their designated repair facility. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. **Safety and Benefits of the UAS** Aerial Drone Solutions will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer my riad benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few.Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Aerial Drone Solutions‘s requested exemptions, the FAA will help drive development of safe and successful comme rcial UAS operations and will advance the public knowledge base for such operations. Aerial Drone Solutions is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS o perations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition. **Conclusion** As pointed out in this application, all the SUAs which our company would use, under authorization by

the US DOT

- FAA, are small, light

- weight devices operated within the line of sight of the Pilot

- in

- Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

un less the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance. All our SUAs have proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assurances on the airwor thiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein should be granted and Aerial Drone Solutions should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters d eemed necessary and appropriate by

the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions. If any individual aspect of this request for exemption be unacceptable we ask that it be struck alone and the remainder of the exemption be allowed as requested.

Signed

Ronald James Cochran II Aerial Drone Solution s