February 29, 2016

Department of Transportation Docket Operations, M-30 1200 New Jersey Avenue, SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001 Writer’s Direct Contact +1 (805) 402-3159 Chuck@AerialAlchemy.com

Re: Petition of Aerial Alchemy for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate Unmanned Aircraft Systems to Conduct Research & Development and Training

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Aerial Alchemy hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of Aerial Alchemy multirotors
, and fixed wing unmanned sUAS systems to conduct aerial research, data collection and training.

Aerial Alchemy requests that the FAA review this petition pursuant to its “summary grant”
process as the FAA has already granted exemptions similar in all material respects to this petition

. See FAA Grant of Exception Nos. 11062, 11109, 11112, and 11213. The FAA has specifically granted exemptions to operate UAS to conduct education and training. See FAA Grant of Exception No 11552.

STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft system (“UAS”) where it does not create a hazard to users of the national airspace system (“NAS”) or the public or pose a threat to national security based on the following considerations:

(a) The size, weight, speed and operational capability; (b) Operation in proximity to airports and populated areas; and (c) Operation within visual line of sight of the operator.

1Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq

. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Aerial Alchemy requests exemption from the following regulations:

(a) 14 C.F.R Part 21, Subpart H; (b) 14 C.F.R Part 27;

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a);

• 14 C.F.R § 61.113;

• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b)(2);

• 14 C.F.R § 91.9(c);

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.109(a);

• 14 C.F.R § 91.119;

• 14 C.F.R § 91.121;

• 14 C.F.R § 91.151(a) & (b)

• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a)(l);

• 14 C.F.R § 91.409(a)(2);

• 14 C.F.R § 91.417 (a) & (b).

This petition incorporates the material contained in the Aerial Alchemy Flight Operation Manual, (“Manuals”).

DESCRIPTION OF AERIAL ALCHEMY AND ITS SERVICES

Aerial Alchemy was founded to innovate technology for UAS data collection, analysis and deployment. Additionally, Aerial Alchemy will provide data collection services for multiple purposes including mapping, surveying, inspection, analysis, public safety and general videography. Our mission is to enhance commercial UAS data collection and analysis capabilities to provide new insights for industry use. Additionally, digital imaging data gathering service will be conducted to explore the UAS market as well as provide clients with

2high quality images and digital data. Aerial Alchemy will be performing research and development around UAS data collection as well as operational digital imaging.

Aerial Alchemy is also developing a training curriculum to apply UAS science, technology, and real world application for first responders. The curriculum is grounded in applied learning and application ensuring relevant and robust experience in the technical skills for the operation and support of a UAS program for emergency situational awareness

. The necessity of this training course was identified based on findings from the Los Angeles City Fire Department.

One of our primary missions as a company is to ensure full compliance with all regulations that govern UAS, as such, our operations will be conducted within the acceptable FAA regulations with the exception of the herein requested exemptions. Further, the UAS operator and observers engaged in operations are expected to be responsible for operating within these regulatory parameters.

DESCRIPTION OF PROPOSED OPERATIONS

Aerial Alchemy is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to conduct research and development to create a much better understanding of the applications needed to provide a more direct linkage between analytical technologies and real world problems. We specialize in solutions that deploy remote sensors aboard a wide variety of both ground based and airborne platforms focusing on precision agriculture, public safety, industrial inspection and aerial imaging

Aerial Alchemy proposes to operate small UAS weighing less than 55 pounds, under 400 feet and within line of sight in VFR conditions in order to develop and improve UAS technology, augment ground based data, train and educate operators on the various use-case applications of UAS, provide for a hands-on experience including routine and preventative maintenance. Use of a UAS will reduce safety risks because the UAS will not carry flammable fuel or a pilot.

The UAS operations in this petition are similar in all material respects to relief previously granted by the FAA in Grant of Exception Nos. 11062, 11109, 11112, 11213, 11552 and 11493. The reasons stated by the FAA in granting the exemptions listed above also apply to this petition, and the grant of this petition is in the public interest. The public will also benefit by virtue of additional employment, safer methods of data gathering, and potentially new technologies available to industry.

3AIRCRAFT TO BE OPERATED

A.

B.

C.

4D.

E

5A - Fixed Wing B - Hybrid/VTOL C - Quadcopter D - Hexacopter E - Hexacopter Y6 F - Redundant Quad/X8

AERIAL ALCHEMY’S PROPOSED OPERATIONS DEMONSTRATE AN EQUIVALENT LEVEL OF SAFETY

Aerial Alchemy proposes to operate within the limitations and performance specifications listed in the application and in the Aerial Alchemy Flight Manuals. These limitations provide for at least an equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations are safer than conventional operations using helicopters or fixed wing aircraft which carry an operator and flammable fuel. The proposed flight operations are similar in all material respects to operations already approved by the FAA and are therefore subject to the FAA’s “summary grant” process.

The proposed operations do not create any hazard to users of the national airspace system or pose a threat to national security. The aircraft are battery operated with a maximum flight time of less than 50 minutes. The vehicles weigh less than 55 pounds. The vehicles will be operated at or below 400 feet AGL within the visual line of sight of the pilot in command. Aerial Alchemy’s operations will be over private or controlled access property with the permission of the owner/controller or authorized agent.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The proposed UAS carry no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being operated by the petitioner reduces the risk to participating persons in close proximity to the aircraft due to the limited size, weight, operating conditions, and design safety features.

The petitioner’s aircraft have the capability to operate safely after experiencing certain inflight failures, as specified in the Manuals. The aircraft are also able to respond to a lost-link event with a pre-coordinated, predictable, automated flight maneuver.

SPECIFIC LIMITATIONS ON PROPOSED FLIGHT OPERATIONS

Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certification requirements, Aerial Alchemy’s proposed operations using Aerial Alchemy UAS’s would “not create a hazard to users of the national airspace system or the public or pose a threat to national security.” Reform Act Section 333(b) (1).

61. The aircraft weigh less than 55 pounds.

2. Each aircraft will be identified by serial number, registered with the FAA, and have identification (N-Number) markings as large as practicable.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC.

5. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will not exceed 400 feet AGL.

8. Flights will be operated at a lateral distance of at least 500 feet from any persons or property not associated with the operation who have not given prior permission.

9. Flights will be limited to a groundspeed of 100 mph.

10. Minimum crew for each flight will consist of a PIC and an Observer.

11. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal Government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56.

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight as well as contact information for the PIC.

13. The flight operations will yield the right of way to other manned aircraft operations.

14. All persons who are not involved with Aerial Alchemy’s operations will be required to be at least 500 feet from flight operations.

15. The aircraft will only operate over private or controlled access property with the permission of the owner/controller or authorized representative.

716. The UAS will not operate within 5 nautical miles of an airport unless a letter of agreement is obtained.

17. All required permissions and permits will be obtained from territory, state, county or city jurisdictions prior to flight.

18. Prior to commencing operations, Aerial Alchemy will obtain a Certificate of Waiver or Authorization (COA) from the FAA.

19. If the aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land.

20. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land.

21. The flight will be aborted in case of unpredicted obstacles or emergencies.

22. UAS operations will be conducted within the parameters of the Manuals.

FLIGHT RECOVERY, LOST COMMUNICATIONS, AND LOST GPS PROCEDURES

The flight recovery, lost communications, and lost GPS procedures are more fully documented in the attached UAS Manual.

SPECIFIC FAR EXEMPTIONS REQUESTED

Aerial Alchemy seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using Aerial Alchemy UAS’s. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Aerial Alchemy has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met with this petition, and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of Aerial Alchemy UAS’s that fail to meet the requirements of the Reform Act, an exemption is requested.

8Equivalent Level of Safety: Aerial Alchemy UAS’s are safe when taking into account their size, weight, speed, and operational capability. They weigh less than 55 pounds and will be flown at speeds less than 100 miles per hour, and in visual line of sight of the operator. The UASs do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The UASs will be operated within the parameters of their respective Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

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

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Aerial Alchemy UAS’s would otherwise require certification under Part 27, Aerial Alchemy seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

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

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 displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 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) states:

Rotorcraft . Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as

9practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety : Aerial Alchemy will mark UAS’s with their N-Number in a prominent spot on the fuselage with markings that are as large as practicable.

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

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

While the UAS will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot.

The FAA has also granted exemptions allowing operations by people who hold an airline transport, commercial, private, recreational, or sport pilot certificate with a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal Government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56. See FAA Exemption No. 11374.

Aerial Alchemy will ensure the PIC will meet the requirements listed in the above paragraph. Aerial Alchemy will also ensure the PIC will have completed the manufacturers’ training guidelines outlined in the Manuals.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in Aerial Alchemy UAS’s operations described above.

The restrictions Aerial Alchemy has placed on its UAS operations meet or exceed the

10restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352 and those listed in the FAA’s “summary grant” process.

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

Aerial Alchemy seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, Aerial Alchemy requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

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

...
(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

• Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

• An appropriate and current airworthiness certificate...

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to
passengers or crew.

Aerial Alchemy does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

1114 C.F.R. § 91.103: Preflight Action

Aerial Alchemy seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Under these circumstances, the FAA has stated that no exemption is required. See Grantof Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The PIC will take all required preflight actions - including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas - before initiation of flight. The Manuals will be kept at the ground station with the operator at all times.

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

Aerial Alchemy seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of the Ground Control Station (GCS) that communicates with the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on board the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the UAS, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Aerial Alchemy will conduct flight training at a remote facility away from population centers. These training flights will comply with the provisions in the Manuals. Accordingly, Aerial Alchemy’s proposed method of operation provides superior levels of safety.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

Aerial Alchemy requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The Manuals provide for Aerial Alchemy operations at least 500 feet from persons and structures not involved in the

12operations. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by Aerial Alchemy. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing aircraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the locations where it is operated . In order to avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. Other aircraft are already prohibited from operating closer than 500 from structures where Aerial Alchemy proses to operate. This is airspace where other aircraft do not normally operate. As set forth in the Manuals and herein, the UAS will be operated in the remote sites, away from persons or structures not involved in the operation. All persons who are not involved with Aerial Alchemy’s operations will be required to be at least 500 feet from flight operations. This will pose no risk to the public because other aircraft are not operating in these areas.

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

This petition 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. The UASs proposed here use both barometric pressure sensors and GPS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the UAS does not have a barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground control station and by the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can beachieved if the aircraft will be operated at or below 400 feet AGL and within visual line-ofsight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20-21. As the attached Manuals indicate, the UAS will be operated at or below 400 feet AGL and otherwise comply with the limitations in the Grant of Exemption No. 11062.

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

Aerial Alchemy requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states:

• 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 -

13• During the day, to fly after that for at least 30 minutes; or

• At night, to fly after that for at least 45 minutes.

Here, the technological limitations on the UAS battery power means that no meaningful flight operations can be conducted while maintaining a 30 minute reserve. The aircraft are battery powered with a maximum flight time of approximately 50 minutes for the FIXED WING, 20 Minutes for the MULTIROTORS and 25 minutes for the VTOL. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a flight unless there is enough available power to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. See FAA Exemption No. 11374 (FAA Docket No. 2015-0091 at p. 5). The limitations here provide that the PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

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

Aerial Alchemy seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 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 from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS proposed here will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, replacement, and preflight inspection requirements. See Exemption No. 11062 (FAA Docket No. 2014-0352, at p. 14-15) and Exemption No. 11374 (FAA Docket No. 2015-0091, at p. 4).

14Aerial Alchemy will follow the UAS manufacturer’s maintenance requirements. Flights will not be conducted unless a flight operations checklist is performed that includes all of the aircraft’s components.

PUBLIC INTEREST

Granting Aerial Alchemy’s petition for exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the NAS in controlled, safe working environments such as proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rule making required under Section 332 of the Reform Act.

Moreover, use of UAS will promote science and technology education for high school and middle school students. The use of the UAS propped here will also decrease safety-related incidents involving traditional aircraft. The public has an interest in promoting science and technology education and in reducing the hazards and emissions associated with alternate use of helicopters and small airplanes to conduct similar operations.

PRIVACY

All flights will occur over private property either owned by Aerial Alchemy or with the owner’s consent. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Aerial Alchemy seeks an exemption from the following rules for aeronautical and UAS training and education of middle and high school students: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will promote science and technology education and training while enhancing safety by reducing risk to the operator, the general public and property owners from the substantial hazards associated with performing equivalent training and education using traditional conventional aircraft and rotorcraft.

15Aerial Alchemy requests that the FAA grant this petition using the “summary grant” process such that publication in the Federal Register is not required. This petition would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

ATTACHMENTS

Attachment 1: Aerial Alchemy Flight Operation Manuals

If you have any questions or require any additional information, please do not hesitate to contact the undersigned attorneys for Aerial Alchemy Corp.

CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security considerations - provides more than adequate justification for the grant of the requested exemptions to permit Aerial Alchemy to operate the UASs proposed here. Furthermore, this petition warrants review by the FAA under the “summary grant” process for immediate approval.

16