UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MA TTER OF THE PETITION FOR EXEMPTION OF**  **: DESERT UNMA**  **NNED SYSTEMS TECHNOLOGY (DUST) FOR A**  **N EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERA L REGULA** **TIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), A ND 91.417(a) & (b) CONCERNING COMMERCIA**  **L OPERA** **TION OF**  **CHASE UNMA**  **NNED AI**  **RCRA FT SYSTEMS** 

**PURSUA NT TO SECTION 333 OF**  **THE FAA**

**MODERNIZA TION A**  **ND REFORM A CT OF 2012**  **(PUBLIC LA**

**W 112 -**  **95)**

Submitted on November 4 th , 2015 Cy rus Roohi Desert Unmanned Sy stems 1094 Oakland Dr King George, VA 22485 Tel: (718) 612

- 28282 **TA BLE OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY................................................................................................... ........................4 IN TRODUCTION AND INTERESTS OF PETITIONER............

............................... ........4 BACKGROUND.....................................................................................

...................... ........5 BASI S FOR PETITION...................................................................

............................... ......5 NAME AND ADDRESS OF PETITIONER..............................

......................... .....8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH DUST SEEKS RELIEF.

.................... .............................................................................................. ...8 THE EXTENT OF RELIEF DUST SEEKS AND THE REASON DUST SEEKS THE RELIEF....

....... ............ . .. ............................................................................... ...12 THE REASONS WHY GRANTING DUST REQUEST WOULD BE IN THE PUBLIC INTEREST ..................................

................................ ......... .... ...... ..... ...15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY............................................ ..............................18 SUMMARY THAT CAN BE PUBLISHED INTHE FEDERAL REGI STER......32 ANY ADDITIONAL INFORMATIO N, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DUST REQUEST

.............................. . ......... ...33 CONCLUSION...................................................................................... ..............................33 APPENDI CES

............................... ........................................... ............................... ............ 353 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMA RY**  Desert Unmanned Sy stems Technology (DUST) seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DUST to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERES**  **TS OF THE PETITIONER** DUST provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. DUST also provides its clients with the highest quality digital content for use in th eir commercial, personal, and

non - profit multimedia projects. DUST has over 24 ye ars of combined professional experience in unmanned aerial s ys tems. Staff is also comprised of professional videographers with experience in all aspects of manned aerial video an d photograph y. The objective of DUST aerial video and photography operation s is to provide high quality imaging for a variety

of comme rcial, publi c, and residential uses, targeting: Aerial inspections of public and private structures. Search and Rescue operations Aerial photograph y

/videography

of houses / residential and comm ercial buildings Aerial event photograph y/videograph y Aerial event filming Aerial Appraisals Real Estate Marketing Insurance Inspections of Home and Property Commercial Advertising Video and Photograph y5 Real Estate Photograph y and Videograph y FREE services offered to our community , firefighter and state officials Nature Monitoring

**BA CKGROUND** 

Unmanned Aircraft Sy stems: CHASE UAV DUST seeks an exemption to operate CHASE UAV sy stems for compensation or hire within the NAS. The CHASE UAV is a fixed wing Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing a pixhawk autopilot system. The CHASE UAV has a maximum gross weight of 4 pounds , a length of 22.0 inches, wingspan of 46” , and a max imum speed of approximately 42 knots. The CHASE UAV UA is equipped with four main rotors ; Driven by

Lithium Poly

mer battery

powered electric motors. The CHASE UAV UA that will be operated b y DUST and will be registered in accordan ce with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BA SIS FOR PETITION**  Petitioner, DUST , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercial ly operate the CHASE UAV in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, DUST operation of CHASE UAV meets the6

conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H. Accordingl y, DUST requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthine ss certificate. DUST submits that the requested relief is proper since an equivalent level of safety will be ensured. DUST will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the me thods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and CHASE UAV Ins truction Manual) ). Furthermore, DUST will document and maintain all maintenance records for the CHASE UAV
. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by DUST to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certi ficate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the CHASE UAV in a manner consistent with this exemption, including evasive and em ergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. DUST seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the CHASE UAV do not require an airworthiness certificate in acco rdance with 14 C.F.R. Part 21, Subpart H. As such, DUST submits that he will ensure that the CHASE UAV are in an airworth y condition, prior to every flight, by determining that the UASs are7

in compliance with the operating documents (i.e., Monthly Maintenance Log, and CHASE UAV In struction Manual), and that the aircraft are in a condition for safe flight. DUST also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the CHASE UAV will not have a typical barometric altimeter onboard. However, altitude information of the CHASE UAV will be provided to the PI C via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with DUST operation of CHASE UAV within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.Additionally , DUST seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. DUST submits that safety will not be affected by operation of the CHASE UAV during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 13 .5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, DUST provides the following information in support of its petition for exemption:

**A. Name A**  **nd Ad**  **dress Of The Petitioner.** The name and address of the Petitioner and point of contact is: Cy rus Roohi DUST8

1094 Oakland Dr King George, VA 22485 Tel: ( 718) 612

- 2828 Email: croohi@desertunmanned.com **B. The Spec ific Sections Of 14 C.F.R. From**  **Which DUST**  **Seeks Exemption. 1.**  **DUST Seeks Exemption From The Requirements Of Section**  **61.113(a) A nd (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passenge rs or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. DUST**  **Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthin ess , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. DUST**  **Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to
--9 (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a) (1) (i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. DUST**  **Seeks Exem ption From The Requirements Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. DUST**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. DUST**  **Seeks Exemption From The Requirements Of**  **Section 91.407(a) (1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a) (1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--10 (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter [.] **7. DUST**  **Seeks Exemption From The Requirements Of Sections 91.409(a)**  **(1) A nd 91.409(a)**  **(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. DUST**  **Seeks Exemption From The Requirements Of Sections 91.417(a) A**  **nd 91.417(b).** Section 91.417, e ntitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engi ne, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:11 (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pre scribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records s pecified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a) (2) of this section shall be retained and transferr ed with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief**  **DUST Seeks A**  **nd The Reason DUST**  **Seeks The Relief. 1. Extent Of Relief**  **DUST Seeks A**  **nd The Reason DUST**  **Seeks Relief From Section 61.113(a) A**  **nd (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations : Pilot in command, is requested to the extent necessary to allow a PI C holding12

a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduc t the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or employ ment if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, DUST submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the CHASE UAV UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the CHASE UAV in a manner consistent with the operations specifications as described in this exemption, including evasiv e and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, DUST submits that all flights of the CHASE UAV , conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to DUST business; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief DUST**  **Seeks A nd The Reason**  **DUST Seeks Relief**  **From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow DUST to determine that the CHASE UAV are in airworth y condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the DUST Aerial Operations Manual, Monthly Maintenanc e Lo g, and CHASE UAV Instruction Manual).13 DUST seeks the requested relief because the CHASE UAV do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DUST will ensure that the CHASE UAV are in airworthy condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and CHASE UAV Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief DUST**  **Seeks A nd The Reason**  **DUST Seeks Relief**  **From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the CHASE UAV , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), DUST seeks the requested relief because the CHASE UAV UA’s altimeter may be set on the ground to zero feet AGL , rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the CHASE UAV UA are equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief DUST**  **Seeks A nd The Reason**  **DUST Seeks Relief**  **From Section 91.151(b).**14 Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR
con ditions , is requested to the extent required to allow flights of the battery powered CHASE UAV UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. DUST seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered CHASE UAV will severely constrain the practicality of an y aerial video or still photo flight operations that DUST proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the CHASE UAV , the CHASE UAV operating documents, and DUST proposed operating limitations, ensure that DUST will safely

operate the battery

powered CHASE UAV UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, t o fl y after that for at least 4.5 minutes. **5. Extent Of Relief DUST**  **Seeks A nd The Reason**  **DUST Seeks Relief**  **From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd**  **91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, DUST requests relief from these Sections because the CHASE UAV do not require airworthiness certificates. As set forth more fully

below, the CHASE UAV meet the condition s of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, DUST will use trained15

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in th e UAS operating documents (i.e., the DUST Aerial Operations Manual, Monthly Maintenance Log, and CHASE UAV Instruction Manual). Furthermore, Sky Vision , LLC will document and maintain all maintenance records for the CHASE UAV

. **D. The Reasons Why**

**Granting DUST**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public A**  **s A Whole.**  Granting the present Petition will further the public interest b y allowing DUST to safel y, efficientl y, and economically perform aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of the United States. Additionally , use of the CHASE UAV will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy . Notably , the benefits of DUST proposed operation of the CHASE UAV will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NA** **S.** The CHASE UAV are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery

. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a CHASE UAV would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The16

CHASE UAV UA do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft c onducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety A nd Efficiency**  **Of The CHASE UAV**  **.** Conducting aerial acquisitions with the CHASE UAV s, instead of manned aircraft, will greatly

benefit the public by

drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery power and electric motors, the CHASE UAV produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The CHASE UAV UA , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UA are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the CHASE UAV to perform aerial acquisitions, the substantial risk to life and property

in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the CHASE UAV UA (weighing approximately 2 pounds 13.1 ounces respectively , at its maximum gross weight with a length of 16.2 inches and width of 16.6 inches, and with no fuel on board) , has less phys ical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typi cally conduct similar operations17

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Vi deo and Photography Operations w**  **ith CHASE UAV**  **Will Benefit The Economy.** In addition to being safe and efficient, the CHASE UAV are also an economical alternative to using manned aircra ft to conduct similar aerial operations. As such, operation of the CHASE UAV will allow United States based companies, like DUST , to remain competitive and contribute to growth of the U.S. economy . Specificall y, with the rising cost of aviation fuel and th e Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered
CHASE UAV is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the CHASE UAV , companies suc h as DUST , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercia l use of the CHASE UAV , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and a broad. **4. There A re No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, DUST proposed operation of the CHASE UAV will not implicate any privacy18

issues. Specificall y, the CHASE UAV will be op erated onl y in compliance with operating documents (i.e., the DUST Aerial Operations Manual, Monthly Maintenance L og, and CHASE UAV Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordan ce with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why**

**Granting The Exemption Would Not A dv**  **ersely A**  **ffect Safety**  **, Or How The Exemption Would Provide**  **A Lev**  **el Of Safety At** **Least Equal To That Provided By**  **The Rule From Which DUST**  **Seeks Exemption. 1. Reasons Why** 

**The CHASE UAV**  **UA Meet The Conditions Of The FAA**  **Modernization and Reform A ct of 2012 (FMRA** **) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DUST operation of the CHASE UAV meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part: (a) In General.
-- Notwithstanding any other requirement of thi s subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulem aking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.
-- In making the determination under subsection (a), the Secretary shall determine, at a minimum
-- (1) which types o f unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of19 sight do not create a hazard to users of the national airspace system or t

he public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.
-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish require ments for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, DUST submits that the CHASE UAV can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the CHASE UAV ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The CHASE UAV**  **Demonstr ate Its Safe**  **Characteristics.** The CHASE UAV do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The CHAS**  **E UAV .**  The technical specifications of the CHASE UAV are set forth b y the CHASE UAV Specifications and Data Sheet, attached hereto as Exhibit A

.

**ii. The CHASE UAV**  **Autonomous Flight A nd Navigat**  **ion Modes Enable The UA** **S To Remain Within A**  **Defined Operation al**  **Ar ea.**  The CHASE UAV may

be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the CHASE UAV is provided in the Manufacturer’s User Manual *See attached PDF File **iii. The CHASE**  **UAV Ar**  **e Designed For A utomatic Return To Home**  **Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**20 When the Control L ink is lost, the CHASE UAV UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the CHASE UAV UA do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete descrip tion of the Failsafe Functions of the CHASE UAV is provided in the Manufacturer’s User Manual *See attached PDF

**iv. The CHASE UAV**  **GCS A nd Its Operation.**  A complete description of the operation and specifications of the CHASE UAV GCS and flight control so ftware is provided in the Manufacturer’s User Manual *See attached PDF

**b. Flight Operations Of CHASE UAV**  **Ar e Limited To The Line Of**  **Sight Of A**

**Certificated Pilot in Command With A Safety**  **Observer.** DUST will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the CHASE UAV . Additionally , a safety observer will assist all pilots during flight time.

**c. Flights Of CHASE UAV**  **Will B e Conducted Pursuant To Specific**  **Operating Limitations.** In seeking this exemption, DUST proposes to commercially operate CHASE UAV for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the fol lowing specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: CHASE UAV Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.21 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 5 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y th e PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C must be able to communicate verb ally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perfor m the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operati ng documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and rev ised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to it s grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for s afe flight. If the inspection reveals a condition that affects the22 safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characte ristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential disc repancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component part s must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the abil ity to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification fl ight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated trainin g sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.23 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Adminis trator upon request. 21. The UA may

not be operated less than 5 00 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. 22. If the UA loses communications or loses its GPS signal, it must return to a pre
determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power r emaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to A irman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, S ubpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government overs ight agency requirements.24 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), 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 protectio n and are within 5 00 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 h as made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative wil l be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Off ice (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why**

**A n**  **Exemption From The Requirements Of Section 61.113(a) A**  **nd (b) Would Not A dversely**  **A ffect Safety** 
**.** DUST submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the CHASE UAV25

unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the CHASE UAV in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering DUST proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commerci al pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary

to safely operate the CHASE UAV , DUST submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship s kills necessary for DUST specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). DUST will not allow any PI C to operate the CHASE UAV unless that PI C has demonstrated, b y meeting minimum flight

- hour requirement s or the CHASE UAV training and currency

requirements, that the PI C is able to safel y operate the CHASE UAV in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, ve hicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same m ake and model of UAS to be used for operations under the exemption). In addition to the hour requirements,26

the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prio r documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during DUST proposed operations. The Administrator has held that prior documented flight experience that was obtained in co mpliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumu lated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i. e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the p receding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemptio n to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, DUS T will ensure safe operations by not allowing any PIC to operate the CHASE UAV unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the CHASE UAV in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.27 **3. Reasons Why**

**A n Exemption From The Requirements Of Section**  **91.7(a) Would Not A dv**  **ersely A**  **ffect Safety.** The equival ent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, DUST will ensure that the CHASE UAV is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances s imilar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why**

**A n Exemption From**  **The Requirements Of Section 91.121 Would Not A** **dv ersely** **A ffect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the CHASE UAV UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with DUST operation of the CHASE UAV UA within visual line of sight, at or below 50 0 feet AGL , will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 1111 2, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).28 **5. Reasons Why**

**A n Exemption From The Requirements Of Section**  **91.151(b) Would Not A dv**  **ersely A**  **ffect Safety**
**.** A grant of this exemption would ensure an equivalent level of safety esta blished by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the CHASE UAV ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, DUST will ensure that it wi ll safely operate the battery powered CHASE UAV UA during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the CHASE UAV UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the CHASE UAV provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the CHASE UAV will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are cons idered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in c ircumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,29

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why**

**A n Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a) (1), 91.409(a)**  **(1) & (a) (2), A**  **nd 91.417(a) & (b) Would Not A** **dv ersely A**  **ffect Safety**
**.** In seeking this exemption, DUST submits that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because DUST will use trained technici ans to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Drone Sky Vision LLC , Aerial Operations Manual, Monthly Maintenance Lo g, and CHASE UAV Instruction Manual). Furthermore, DUST will document and maintain all maintenance records for the CHASE UAV

. Since the CHASE UAV will be inspected as prescribed by the operating documents, DUST will maintain the equivalent level of safety established b y Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the CHASE UAV User Manuals are attached hereto as Exhibit B ; a cop y of the CHASE UAV Maintenance LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversel y affect safety because DUST will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the30

CHASE UAV will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of th e UAS are considered. In consideration of DUST proposed operating limitations, the operating documents, and the technical aspects of the CHASE UAV , DUST submits that safety will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.40 5(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA**

**Ma y**  **Prescribe A ny** 

**Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , DUST requests that the FAA prescribe special conditions for the intended operation of the CHASE UAV s, which contain suc h safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the re quirements31

for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with an y requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the CHASE UAV , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for DUST intended operation of the CHASE UAV , which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A**  **Summary**

**That Can Be Published In The Federal Register,**  **stating: The Rules From Which**  **DUST Seeks Exemption:**  DUST seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).32 **A Brief Description Of The Nature Of The Exemption**  **DUST Seeks:**  This exemption will permit DUST to commercially operate an Unmanned Aircraft System (UA S) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. An**  **y Ad**  **ditional Information, Views, Or A rguments A**  **vailable To Support DUST**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, DUST request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the publi c, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, DUST will operate the CHASE UAV safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, DUST seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the CHASE UAV commercially , without an airworthiness certificate, for the limited purpose of conduc ting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be33

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing DUST to safely , efficientl y, and economically

operate the CHASE UAV commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, DUST res pectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit DUST to o perate the CHASE UAV commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.34

Date d: November 4th , 2015

Respectfully submitted, DUST /s/ Cy rus Roohi

_________________________ Cy rus Roohi 1094 Oakland Dr King George, VA 22485 Tel: ( 718) 612

- 2828

Appendic es : A

– CHASE UAV Technical Specifications B

– CHASE UAV Monthly Maintenance Log35 APPENDIX

– A **CHASE UAV TECHNICAL SPECIFICATIONS**  DUST only

utilizes safe and reliable UASs. DUST is an industry leader in small UAS production designed specifically for the desert environment. DUST UASs utilize the pixhawk autopilot . Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DUST software provides real

- time altitude and location information to the PIC via the linked Ground Control Station Computer. 

### Aircraft **WEIGHT (INCLUDING BA TTERY AND PROPELLERS**  **)** 2.6 lbs **WING SPAN** 46 “ **MAX SPEED** 42 knots **MAX ALTITUDE ABOVE S EA LEVEL**  15000 feet **OPERATING TEMPERATUR E**  32 ° F to 110 ° F

**ALTITUDE RANGE** 400’ AGL **OPERATING RANGE** Visual Line of Sight **OPERATING ENVIRONMEN T**  Surface with clear pattern and adequate lighting (Daylight only) **OPERATING FREQUENCY** 2.400 GHz

- 2.483 GHz and 902 Mhz

– 928 Mhz **MAX DISTANCE** 5 miles (outdoors and unobstructed) **BATTERY** 40 00 mAh LiPo 3 S or 4 S36 APPENDIX

– B Monthly Maintenance Log
UAS #_____ Date Issue Maintenance Initials Performed Firmware Check Frame Engines Propellers Camera Vibration Other: